Mumbai Court August 1955 Judgments
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Bombay Mercantile Bank Ltd. Vs. Oriol Industries Ltd.
Court: Mumbai
Decided on: Aug-05-1955
Reported in: AIR1956Bom57; (1955)57BOMLR1039; [1955]25CompCas479(Bom); ILR1955Bom1072
Chagla, C.J.1. This appeal raises a very interesting question relating to the law of banking. The respondent company was incorporated on May 15, 1945, and Poddar Chacko & Co., were appointed as managing agents. On May 21, 1945, the company passed a resolution to open an account with the appellant bank and pursuant to that resolution an account was opened on May 28, 1945. Between May 28, 1945, and July 31, 1945, twenty-eight cheques were drawn on this account aggregating to Rs. 28,882-13-0. On August 28, 1946, the company passed a special resolution for winding up and appointed one Rao as liquidator. On September 28, 1948, the company by its liquidator filed the present suit from which this appeal arises and in the suit the company sought to recover from the bank the sum of Rs. 28,882-13-0 which had been paid on the cheques drawn upon it. On September 25, 1953, the plaint in the suit was amended as a result of the court holding that the special resolution for winding up was null and voi...
State Government Vs. KamruddIn Imamoddin
Court: Mumbai
Decided on: Aug-05-1955
Reported in: 1956CriLJ263
1. This appeal of the State Government is directed against the acquittal of the accused-respondent Kamruddin of an offence punishable under Section 363, Penal Code, for kidnapping Kum. Jai (P. W. 3) alleged to be 15 years of age on, 28-4-1954.2. The prosecution case was that on 28-4-1954 Kum. jai daughter of Laxman (P. W. 2) was sitting at the 'bangai' of Laxman Kalar (P. W. 8). The respondent made signs to her calling her to him. She went to the respondent who offered her inducement of giving her ornaments and clothes and requested her to accompany him to Suknegaon.She declined. The accused thereupon caught her by the hands, dragged her for some distance, physically lifted her up, put her in a 'rengi' (a small bullock-cart without a rool) and took her away with him to Suknegaon. He kept her in his house for three days, and during that period he had sexual intercourse with her.3. At the relevant time Kum. Jai was staying with her brother Narayan. On being informed by Narayan, Laxman (P...
Jehangir B. Patel Vs. the Union of India (Uoi)
Court: Mumbai
Decided on: Aug-04-1955
Reported in: (1958)60BOMLR721
Tendolkar, J.1. This is a suit filed by four individuals carrying on business in partnership in the name and style of Messrs. Premier Distillery and Chemical Works at Akalkot, a former Indian State, against the Union of India and the State of Bombay claiming against them jointly or in the alternative against defendant No. 2 several sums of money as damages for breach of a contract and also claiming the refund of a sum of rupees fifteen thousand being the amount of the license fees for the months of October, November and December 1948. The matter arises in this way.2. By an agreement dated February 21, 1946, made between His Highness Raja Saheb of Akalkot and plaintiffs Nos. 1 and 2, the two plaintiffs were granted in the State of Akalkot certain exclusive rights including the right to install a distillery, to manufacture, distribute and sell country liquor and Indian made foreign liquor, to cultivate, manufacture and prepare and sell ganja, bhang and sell opium. The plaintiffs were als...
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