Mumbai Court May 1944 Judgments
Bai Shevantibai Vs. Janardhan Raghunath Warick
Court: Mumbai
Decided on: May-22-1944
Reported in: (1944)46BOMLR849
Clauson, J.1. In the suit which gives rise to the present appeal the appellant, as assignee of the purchaser from a member of a joint family of one-sixth share in the joint family property, sued for partition of the family property and to have her one-sixth share allotted to her. She also sought, as assignee of a mortgage on another sixth share, to have her mortgage enforced ; but this part of the suit resulted in a decree in the present appellant's favour for a trifling sum and the only question raised in regard to this part of the case relates to a question of costs. The question remaining in controversy is whether the appellant's claim is barred by the law of limitation. The value of the interest which the appellant claims is well under Rs. 10,000 probably about Rs. 3,000. The total value of the joint family property exceeds Rs. 10,000. There is no controversy as to the identity or extent of the family property, or as to the right of partition to which the appellant would be entitle...
Tag this Judgment!Bank of Baroda Vs. Panjab National Bank
Court: Mumbai
Decided on: May-18-1944
Reported in: (1945)47BOMLR578
Wright, J.1. The appellant is a company doing banking business, established: in the State of Baroda, under the Baroda Companies Act, 1896-97, and having its registered office in Baroda with branches in British India. The respondent is a bank incorporated under the Indian Companies Act. Both banks have branches in Calcutta. M.P. Amin was manager of the Calcutta branch of the appellant bank. Bhagwan Das was manager of the Calcutta branch of the respondent bank. One Mitter (respondent No, 2) became a customer of the appellant bank at Calcutta. In May, 1939, one Ghose (respondent No. 3) opened an account with the appellant bank on the understanding that he should be allowed 'temporary accommodation from time to time.' That account was guaranteed by Mitter.2. On June 13, 1939, Ghose's account with the appellant bank showed an opening debit balance of Rs. 1,26,339 reduced during the course of the day to Rs. 89,274. On the same day Mitter's account with the respondent bank was overdrawn to th...
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