Court : Mumbai
Reported in : (1877)ILR1Bom333
..... discouragement of perjury--would be frustrated. there would appear to have been some conflicting decisions on the state of the law on such a point before the indian evidence act came into force--see ex. gr., dada honaji v. babaji jagushet (2 bom. h.c. rep., 36), guddalur v. kunnattur (7 mad. h.c. rep., 189), and bholanath ..... the defendants, however, allege that, contemporaneously with the deed of sale, they entered into an oral agreement with haridas that the deed of sale was to be merely a security for the sum of rs. 1,000 paid, as already mentioned by him, to venkan bhat and rs. 80 for his trouble, and that they would repay him ..... which of these decisions was light, inasmuch as we think that such cases as the present were those in which the legislature, by section 92 of the indian evidence act, intended to exclude evidence of oral agreements contemporaneous and inconsistent with written agreements. the circumstances in the case of muttyloll seal v. annundo chunder sandle (5 moore ind .....
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom654
..... under section 338 of act viii of 1859.12. but there is a case in all fours with ..... and another 10 bom. h.c. rep. 1 was cited, but it cannot be considered to govern the present case; for in narayan dev v. gajanand dikshit the security bond had been executed under section 36 of act xxiii of 1861, and in giving judgment in that case the court pointed out that there was 'a marked distinction between' a ..... security bond executed under section 36 of act xxiii of 1861 and a security bond executed under section 338 of act viii of 1859. the security bond in the present case was executed .....
Tag this Judgment!Court : Mumbai
Reported in : 2Ind.Cas.701
..... of the indian zoroastrians, because that is the ground upon which i have, after long and anxious reflection, felt that our common decision can be most securely founded. while theoretically adhering to their ancient religion and consistently avowing its principal tenets- including, of course the merit of conversion as the theological dogma, they ..... intended to regulate procedure, and that it never applied to this country at any time; but even if it did, i hold that the evidence act, when it came into force, entirely superseded it. the legislature, however, without waiting, and. in order to avoid complications-on the assumption that this view was correct-repealed ..... was a converted zoroastrian. and the equal solemnity with which some of the learned witnesses asserted and others contradicted the suggestion that akbar was a zoroastrian bordered on the ridiculous. mr. behramgore tehmurus anklesaria gravely told the court that, from his researches, he had come to the conclusion that at a certain .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR316
..... head accountant of the bank says that under the financial arrangements between the bank and lakhrmdas, the bank intended to keep all the bales brought on their jettas as security for what they had advanced to lakhmidas. similarly, lakhmidas says that all his bales were pledged with the bank as he received them.4. the plaintiff claims against ..... a ratio drcidendi, since the defendants might, if they had had notice, have given further evidence bearing on the point. i do not think there is any force in this contention. the bank set up the case of a valid pledge in their written statement and must be taken to have adduced all evidence available to show ..... their agent specially employed to ascertain for them the position and character of persons dealing with the bank as lakhmidas was dealing. therefore, under section 229 of the contract act, any information obtained by chunilal, provided it was obtained in the course of the business transacted by him for the bank, has, as between the bank-and the .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR910
..... the pant paid shows that the former was not ready to hasten the adoption.11. as to the other conditions insisted upon by chimna maharaj, they all aimed at securing the property of the adoptive family to nana maharaj (see exhibit 108 and exhibit 114). such conditions would not have been made if bhavanibai had raised no dispute ..... for the accomplishment of any object, should not be given, even if that object be accomplished. but if it has already been actually given, it should be restored by force, and a tine equal to eleven times (its value) should be inflicted according to the followers of garga.' [the' vyavahara mayukha, mandlik's edition, pages 123 and 124 ..... and a son given in adoption, which is called putra-dana, stand in this respect on the same footing. both are gifts for religious and secular purposes. both acts are attended by religious ceremonies; both require giving and taking. a boy is adopted by a sonless hindu for perpetuating his line, paying off his dues to his ancestors, .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR162
..... will briefly review the most important cases.20. in re wallis (1890) 25 q. b. p. 176 decided that a solicitor who acts on his behalf in proceedings relating to the mortgage debt or the mortgage security, cannot (in the absence of express contract) charge against the mortgagor, as part of his costs, charges and expenses incurred as mortgagee, ..... plaintiff company. he was the mortgagee in possession and was threatening to sell their property out and out. by means of such threat, it is alleged, he forced them into an unconscionable agreement under which he was to reap excessive advantages. again, i am unable to accede to this argument. so far as the evidence before ..... 104, because under this agreement he held a place of profit under the company. that, however, obviously would not disqualify him prior to the agreement coming into force and it appears to be certain that defendant no. 1 never signed the transfer of his shares to any other person, until long after the agreements were completed, .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR920; 12Ind.Cas.554
..... persons subject to the indian succession act the court will not, unless under exceptional circumstances, order the husband to give security for his wife's costs. though this case has been followed in some other calcutta cases, reluctantly by pigot j. in young ..... give any indication that the common law rule has been abrogated or altered in any way. the view pressed upon the court by mr. raikes seems to derive some force from the judgment of pontifex j. in proby v. proby ilr (1879) cal. 357, wherein it was held that in a suit for judicial separation between ..... the learned advocate general and mr. raikes have argued this case before me with much earnestness and spared themselves no pains to put their contentions before me with force and clearness. they have drawn my attention to numerous cases bearing on the questions under discussion and pointed out with great fairness all cases both favorable and otherwise .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR698; 51Ind.Cas.924
..... been cited at the bar in which the person holding a decree for the payment of future maintenance has been forced to a separate suit in order to secure the sale of the property charged for the realisation of the decrotal amount. i see no reason to think ..... be necessary to bring the property charged to sale in the present case, if section 99 of the transfar of property act wore still in force : in that event the said decision would no doubt be an authority in favour of the defendant's contention. but ..... can help him. the decision in aubhoyessury dabee's case is based upon the terms of section 99 of the transfer of property act, which is now replaced by rule 14 of order xxxiv. the terms of section 99 differ materially from those of rule 14. ..... sale of mortgaged property would apply to property subject to a charge within the meaning of section 100 of the transfer of property act so far as may be. treating the charge under the decree as equivalent to a mortgage for the purpose of this argument, .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)22BOMLR120; 55Ind.Cas.544
..... , and that the object of the alienation must be to satisfy the antecedent debts, due to the alienee. if, as is the case here, the money is borrowed on the security of a mortgage to pay off the antecedent debts, it would be an alienation in respect of antecedent debts according to the decision which has been relied upon on behalf ..... of the appellants. i see, therefore, no force in the contention that the mortgage cannot be enforced against the sons as it is not shown to be for an antecedent debt.3. it is further argued in support ..... so far as it related to narayau's share in the property mortgaged.4. lastly, it is urged that the suit is barred under article 120 of the indian limitation act. it is clear, however, that that article cannot apply to a suit based on a mortgage. the point was urged on the footing that the mortgage was void. but the .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)22BOMLR777; 57Ind.Cas.532
..... its vital force therefrom. thus where one co-obligor under a registered contract has been compelled to pay the whole amount secured thereby, he may sue the other for contribution, and to such suit (for contribution) a limitation of only three ..... they did so, and the plaintiff deposited a certain sum for the expenses. clearly, therefore, this is a claim in contribution, and i may refer to rustomji's limitation act at page 367 where he deals with this question. he says:in other words article 116 applies only where the right of action rests upon the registered contract, or derives ..... defendant in respect of repairs to a well jointly owned by the parties. it is admitted that if this suit can come within article 61 of the india a limitation act the claim is time-barred. on the face of it, it is not a claim for compensation for breach of a contract in writing registered. as a matter .....
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