Mumbai Court August 1938 Judgments
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Rango Ramacharya Katti Vs. Gopal Narayan Kulkarni
Court: Mumbai
Decided on: Aug-02-1938
Reported in: AIR1939Bom75; (1938)40BOMLR1278
Broomfield, J.1. This is a second appeal in execution proceedings. The material facts are as follows. In 1912 there was a suit brought by two panchas of a certain temple against two persons claiming to be vahiwatdars of the temple to recover moneys alleged to have been wrongfully appropriated. A decree for the sum of Rs. 3,593 and interest was passed against the two defendants. It directed that the amount should be recovered first from defendant No. I by taking all legal steps against him, and the balance if any was to be recovered from defendant No. 2. This decree was substantially confirmed in appeal by the District Court and the High Court. But the High Court directed that execution should be stayed until a receiver was appointed in a suit under Section 92 of the Civil Procedure Code relating to the same temple which had been filed in 1917 and was then pending. The date of the High Court decree was March 12, 1918. The charity suit was decided in April, 1922, and a committee of manag...
Hirachand Gangji Vs. Rowji Sojpal
Court: Mumbai
Decided on: Aug-01-1938
Reported in: AIR1939Bom377; (1939)41BOMLR760
Rangnekar, J.1. This case raises an interesting question relating to the law of adoption applicable to Hindus in this Presidency and serves to illustrate the obscurity into which that law seems to have fallen, the responsibility for which, in my opinion, in part at least, rests upon judicial decisions and dicta.2. A Jain from Cutch came to Bombay nearly seventy-five years ago with the proverbial brass lota and, starting with an humble beginning, built up a lucrative business, out of the profits of which the family acquired considerable immoveable property. He had four sons, the eldest of whom died nearly forty-six or forty-seven years ago, leaving a widow, who shortly after separated from the family, provision for her maintenance having been made by the father-in-law. True, the maintenance allowed was very meagre, considering the wealth acquired by the family, but the fact remains that for nearly half a century she was quite satisfied with the provision thus made. The father and the ot...
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