Mumbai Court December 1949 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
The Crown Vs. Laxminarayanlala and ors.
Court: Mumbai
Decided on: Dec-22-1949
Reported in: 1951CriLJ181
ORDERHemeon, J.1. The station officer, Rampaili, filed an application in December 1947 requesting action under 9. 107, Criminal P.C. against party No. l, consisting of Laxminarayan and 8 others, and party No. 2 consisting of Taradatta and 14 others, as he apprehended a breach of the peace. On 6-3-1948, the Sub-Divisional Magistrate, Waraseoni, passed an order under Section 112, Criminal P.C. against both parties. Written statements were thereafter filed and the case was fixed for evidence on 7-7-1948 when it was adjourned to 20-7-1948 on which date party No. l filed an application for the vacation of the preliminary order on the ground that there was no material against them. Arguments were heard on 13-9-1948, and on the 21st of that month the Sub Divisional Magistrate, Waraseoni, vacated the preliminary order vis-a-vis party No. 1 and discharged all the members of that party. Thereafter, an application for revision of that order was made to the Additional Sessions Judge, Balaghat, and...
Govindram Gordhandas Seksaria Vs. the State of Gondal
Court: Mumbai
Decided on: Dec-19-1949
Reported in: (1950)52BOMLR450
Radcliffe, J.1. These are consolidated appeals from two decrees of the High Court of Judicature at Bombay dated November 8, 1948. The first of these decrees reversed a judgment against the respondent, the State of Gondal, in favour of the present appellants which had been given on January 15, 1943, by the High Court in its Ordinary Original Civil Jurisdiction : the second decree dismissed an appeal by these appellants from the same judgment in so far as It rejected their claim in the suit against the second and third respondents.2. The facts out of which the litigation arises are simple and they have produced no material divergence of view in the Courts in India. The real question is how the law should be applied to those facts. All that it is necessary to notice may be briefly set out as follows. On October 1, 1926, a limited company called The Currimbhoy Mills Co., Ltd., executed a debenture trust deed mortgaging two mills known as the Currimbhoy Mill and the Mahomedbhoy Mill togethe...
Lala Manmohan Das Vs. United Provinces
Court: Mumbai
Decided on: Dec-19-1949
Reported in: (1950)52BOMLR505
John Beaumont, J.1. These consolidated appeals are from a decree of a division bench of the High Court of Judicature at Allahabad, dated August 22, 1941, and from an earlier decree of a division bench of that Court, dated April 30, 1940, both decrees being made in the winding-up of the Lower Ganges and Jumna Electricity Distributing Co. Ltd. (hereinafter called the company).2. The question which calls for decision is whether certain mortgage debentures issued by the company for the purpose of securing a sum of Its. 3 lacs with interest, and secured by a debenture trust deed, constitute a valid charge on the undertaking and assets of the company, or whether the charge upon the undertaking intended to be created in favour of the debenture holders is void by reason of the provisions of Section 9, Sub-sections (2) and (3), of the Indian Electricity Act, IX of 1910 (hereinafter called the Act). These sub-sections are in the following terms : 9.(2) The licensee shall not at any time assign h...
Jainabbibi Vs. Shankar Sakharam
Court: Mumbai
Decided on: Dec-16-1949
Reported in: AIR1951Bom255; (1950)52BOMLR858; ILR1951Bom57
Weston, J. 1. This is a plaintiff's appeal from the dismissal of his suit by the Joint Civil Judge, Senior Division, Thana. The suit was to recover an amount of Rs. 18,000 claimed due on two mortgages. The two mortgages were mortgages of the same property, one was for an amount of Rs. 4,000, and the other was for an amount of Rs. 5,000, and these mortgages were executed on 6-2-1923, and 11-3-1926, respectively. Interest was provided to be at twelve per cent. per annum in the first mortgage and at nine per cent. in the second. The period for payment under the first mortgage was three years, while under the second mortgage payment was to be by instalments, the date of the last instalment being 16-12-1929. There was a default clause that in default of any two instalments the whole amount was to become due. The plaintiff claimed that the amount due under the mortgages considerably exceeded the amount of Rs. 18,000, and he limited his claim according to the rule of damdupat. Only Rs. 400 ar...
Benares Bank Ltd. Vs. Official Assignee
Court: Mumbai
Decided on: Dec-15-1949
Reported in: (1950)52BOMLR488
Lionel Leach, J.1. The suit out of which this appeal arises was tried in the Court of the Subordinate Judge, of Dhanbad. The real question for decision is whether that Court had jurisdiction to grant the relief sought or whether it was a matter which could only be dealt with by the Calcutta High Court in its insolvency jurisdiction. The answer requires the consideration of a scheme of composition, a deed of transfer executed in connection therewith, and proceedings in insolvency extending over a period of more than 20 years.2. The appellant is a limited liability company which is now in liquidation. Its business was banking and it will be convenient to refer to it hereinafter as 'the bank.' In 1909 the bank advanced large sums of money to a partnership of five persons, trading under the style of M.L. Laik and Bantierjee. The loans were made against hundis, which were secured by mortgages of immoveable property. Default was made in the repayment of the loans and the bank was compelled t...
Ramkissendas Dhanuka Vs. Satya Charan Law
Court: Mumbai
Decided on: Dec-15-1949
Reported in: (1950)52BOMLR501
Greene, J.1. This is an appeal from a judgment and decree of the High Court at Fort William affirming on appeal a judgment and decree of the same Court in its original jurisdiction. The questions raised in the litigation relate to the validity of two resolutions of the respondent company Lothian Jute Mills Ltd. (hereinafter called 'the company'). By the first of these, resolutions (which were passed at a requisitoned general meeting of the company held on June 3, 1945), the appellants (other than S.P. Bose, who was one of the requisitionists), seven in number, were appointed to be directors of the company in addition to the four existing directors, one of whom was the respondent Dr. Satya Charan Law. By the second resolution it was resolved that the termination of the appointment of the managing agents of the company, Messrs. Andrew Yule and Co. Ltd. was to be recorded and in any event that they were thereby forthwith removed from their office. In the action the respondent Dr. Law on b...
Raj Shatranjai Vs. Raj Raj Bahadur Singh
Court: Mumbai
Decided on: Dec-12-1949
Reported in: (1950)52BOMLR485
Simonds, J.1. This appeal, which is brought against a decree of the Judicial Commissioners of Oudh dated June 4, 1918, as varied by an order of the Chief Court of Oudh dated November 18, 1941, modifying a decree of the Subordinate Judge of Mohanlalganj of March 18, 1916, raises the question what upon the true construction of the will of Raj Gobardhan Singh is the interest of the appellant thereunder in certain villages in the Kheri District in Oudh and whether it was proper for the Court to make a declaration in regard thereto.2. Raj Gobardhan Singh, who will be called 'the testator,' vas a taluqdar owning large estates in Oudh including ten villages with which the present appeal is concerned and which will be referred to as 'the ten villages.' He executed his last will on November 13, 1903. At that time he had 3 Ranis and one child only, a daughter named Musammat Raj Kunwar who was then childless. His nearest male collateral was his nephew Raj Baehan Singh.3. On June 24, 1904, the tes...
Sardar Autar Singh Vs. Sir Mohammad Ejaz Rasool Khan
Court: Mumbai
Decided on: Dec-06-1949
Reported in: (1950)52BOMLR482
Lionel Leach, J.1. This is an appeal by special leave from a decree of the Chief Court of Oudh, dismissing an appeal from an order passed by the Civil Judge of Lucknow in execution proceedings. The questions which arise are whether the Court's equitable jurisdiction to grant relief against penalties and forfeitures extends to the granting of relief in proceedings taken for the execution of a final decree for foreclosure, the decree having been passed by consent, and, if so, whether this is a proper case for the exercise of the jurisdiction.2. On January 16, 1934, the appellants mortgaged three houses in Lucknow to Raja Sir Mohammad Ejaz Rasul Khan to secure an advance of Rs. 82,000. Possession of the houses was given to the mortgage, who had the right to collect the rents from the tenants and, after providing for repairs, to appropriate the balance of the money received by him as rent in satisfaction of interest on the amount advanced. The mortgagors undertook to redeem the properties ...
Kanda Vs. Waghu
Court: Mumbai
Decided on: Dec-06-1949
Reported in: (1950)52BOMLR498
Lionel Leach, J.1. The parties in this appeal are Dadra Rajputs, an agricultural tribe of the Montgomery District of the Punjab. The appeal arises out of a suit brought by the appellants in the Court of the Subordinate Judge, Montgomery, challenging the validity of a deed of gift, executed on December 17, 1938, by Mussammat Rajan, defendant No. 1, in favour of her grandson, defendant No. 2, who is the respondent in the appeal-Defendant No. 1 is the widow of one Amira, who died in or about the year 1913. The respondent is the son of a daughter of Amira and defendant No. 1. On the execution of the deed of gift the respondent applied for mutation of names in the records kept by the land revenue authorities, but the Assistant Collector refused the application on the ground that 'a female has, under no circumstance, a right to alienate property by sale or by way of charity under a will, oral or in writing,' and his decision was upheld by the Collector on appeal. Thereupon the respondent fil...
Emperor Vs. Bhiku Ramchandra Shinde
Court: Mumbai
Decided on: Dec-06-1949
Reported in: AIR1950Bom330; (1950)52BOMLR223
Chagla, C.J.1. This is an appeal by Government against an order of the Additional Sessions Judge, Poona, acquitting the accused, who was convicted under Section 2 (6), Bombay Public Security Measures Act of 1947 by the City Magistrate of Poona. The order was served on the accused by the District Magistrate, Poona, on 6th March 1948, under Section 2(1) (b) and he wag directed not to remain in the Poona District. The accused obeyed the order and went out of the Poona District, but he came back on 3rd May 1948. Thereupon he was arrested and charged as before. The learned Magistrate acquitted the accused largely because in his opinion the prosecution had failed to establish all the ingredients of the offence with which the accused was charged and in coming to that conclusion he followed a decision of this Courts and indeed of this Bench, in Emperor v. Abdul Majid 51 Bom. L. R. 568: A.I.R 1949 Bom 387 : 51 Cri. L. J. 47. The Advocate General, who appears on behalf of Government, has argued ...
- ‹ Prev
- Next ›