Court : Mumbai
Reported in : (1885)ILR9Bom373
..... large and hazardous speculations as was shown by their 'schedule filed in the insolvency court on the 8th of february' 1879, and not a firm of bankers in the ordinary sense of the word-seems to have been a very questionable act on the part of the directors, and looks much like a violation of clause 16 of the agreement incorporated in the memo-randum clause 117 of the articles of association, giving power to nursey kessowji to appoint bankers to the company ..... so read it is evident that the word 'loss' in section 98 must be read as referring to loss of the 'specific property' mentioned in section 10; and the meaning of section 98 is that, in case the specific property is irrecoverable, then the value can be recovered out of the 'general estate' for the period of three years after the death of the trustee, ..... where he says: 'a question was raised by cadogan's executors, whether, as this was a mere personal default productive of no benefit to his estate, his assets are liable to make compensation;' but in scurfield v. ..... urged on behalf of sakerchand nagerdas that his liability, if any, did not survive his death as a charge on his assets, because it was, at the most, a mere personal default productive of no benefit to his estate. ..... the charge against the defendants is a two-fold one, including misconduct as well as negligence : misconduct in acting ultra vires and with bad faith : negligence in not exercising ordinary prudence in the discharge of the duties they had undertaken as directors5. .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom478
..... pleader is not able to enlighten us on this point; and the notification, so far as the paragraph above quoted from it is concerned, appears to us to be without effect because under sections 54 and 55 of act xxxi of 1860 that act came into force from 1860 throughout british india, and was (with trifling modifications) continued in force by act vi of 1866 until repealed by section 3 of act xi of 1878. ..... but this circular cannot be regarded as an order for a general search for arms under section 24 of act xxviii of 1857, as this act was not passed until the 11th of september, i.e. ..... presidency has under clause 1, ordered to be disarmed, such order to be published (vide clause 5) in the official gazette; and-(b) in any place in which an order for a general search for arms has been issued, and is still in operation under act xxviii of 1857, such a search is authorized by section 24 of act xxviii of 1857, which provides that the executive government of a presidency may order a general search for arms to be made by any officer or persons named in such order in any district or place specified therein.5. ..... there is nothing to show under what section and for what purpose this notification was issued about three weeks before the new arms act (xi' of 1878) was passed. ..... the point, therefore, for determination is, whether section 32, clause 2 applied to the badami taluka at the time when act xi of 1878 came into force?4. .....
Tag this Judgment!Court : Mumbai
Reported in : (1888)ILR12Bom647
..... the memorandum to be signed under the corresponding section of the earlier companies act must be the registered memorandum of association. ..... lamb's signature on the 13th april, 1886, therefore, can, at the most, only be an application for shares to the promoters, which became by the fact of there being no withdrawal before the registration, an application to the company on ..... the signatories were not the same in one instance; the shares subscribed for were not the same in another instance; one signatory was omitted altogether; the dates of subscription were not the same in many instances, and, in short, in my opinion the document was not a ..... that the notification of registration on the 3rd august, coupled with the demand for the payment of the usual deposit, was equivalent to acceptance. ..... now it is clear on the decisions that in ordinary cases of an application for shares there is no agreement in the absence of allotment and notice of it to the applicant: see lindley on partnership ..... follows: 'an application signed by or on behalf of the applicant for shares in the company followed by an allotment of any shares therein shall be an acceptance of shares within the meaning of these articles; and every person who thus otherwise accept any shares and whose name is on the register shall for the purpose of these articles be a shareholder. ..... september the directors held their first meeting, and resolved that the' shares applied for be allotted, and application and allotment moneys be called in. .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom126
..... the above decision as authority for treating the present claim as based on an agreement opposed to public policy, and thus void under section 23 of the indian contract act ..... 661 which is as follows: 'we cannot read these words of section 407 as binding the court's discretion to merely ascertaining whether 'the right to sue' arose within its jurisdiction, but they have in our opinion a more extended meaning, namely, that an applicant must make out that he has a good subsisting cause of action, capable of enforcement in court, and calling for an answer, and not barred by the law of limitation or ..... davar has also argued that the application should be rejected under section 407, clause (c), of the code of civil procedure, on the ground that petitioner's allegations do not show ..... the contract is void, under section 23 of the contract act, and to this i would add, as an additional authority, the following passage from narada : 'and let the king who desires prosperity repress sinful proceedings which are unauthorized by moral law and the hindu commentator quoted by colebrooke defines' sinful proceedings' as 'acts not productive of good ..... wherever a mother or father, or guardian, insist upon a private gain, or security for it, and obtains it of the intended husband, it shall be set aside; for the power of a parent or guardian ought not to be made use of ..... r 258 there is no duty on the court to raise an issue; in others in justice would arise if the judge decided disputed matters of law or fact .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom656
..... we fail to see that the reasoning applies to this case: and, with references to those judgments we notice that act xxxv of 1858 contains no provision by which suits can be brought on behalf of a lunatic by a next friend, similar to the proviso about suits for small amounts in section 2 of act xx of 1864, or the provision of a summary jurisdiction in like cases, without inquisition, in 25 and 26 ..... admitted that on the 12th march, 1885, tukaram was adjudged to be of unsound mind, and bhikaji was appointed manager of his estate, under section 9 of act xxxv of 1858. ..... on which we have found that bhikaji had no right to be the suit apply to ganu's authority to appear as appellant, and we hold that he has none, and that a future appointment to be manager of the estate under act xxxv of 1858 will not cure the want of locus standi. ..... object of the action is to deal with the real estate of a person of unsound mind (as an action for partition or for sale in lieu thereof), the action cannot be brought by a next friend, although an action may be instituted by a next friend for the protection of a person of unsound mind. ..... obvious that if we were to hold that a person who after he has brought a suit for partition on behalf of an alleged-lunatic, obtain a tardy adjudication and appointment under act xxxv of 1858, could ratify his previous proceedings in the suit, the paramount object of the act, 'to make better provision for the care of the estates of lunatics,' would be in danger of frustration. .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom664
..... on a careful consideration of the pleadings and the issues originally framed, we are of opinion that the claim stated in the plaint is for the profits' of certain lands, which, the plaint says, the defendant had taken 'without right,' and 'wrongfully. ..... the assistant judge was of opinion that, like as the amendment if allowed would have converted the original suit into a suit of another and inconsistent character, so the subordinate judge had exceeded the limits of section 149 of the civil procedure code, the additional issues not being necessary for determining the controversy between the parties. ..... ' the assistant judge considered the original plaint to be a 'claim for damages for wrongful occupation, and for injury done to the property.'2. ..... the present is somewhat the converse of that case, and in the absence of authority to the contrary, we hold that the alteration made has an equal effect, and was not authorized by section 149. ..... afterwards, the plaintiff applied for amendment, electing to treat the defendant as his tenant, and confining his claim to the profits of certain lands, which are specified in a rent-note, of which he had filed copy with his plaint. ..... it is admitted that the result was to treat the suit as one brought by a landlord against a tenant for holding over.3. ..... for these reasons, we confirm the decree, with costs on appellant. .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom677
..... only oases in which, apart from questions of breach of contract, express or implied, a remedy for a wrongful act can be pursued against the estate of a deceased person who has done the act, appear to us to be those in which property, or the proceeds or value of property, belonging to another, have been appropriated by the deceased person and added to his own estate or moneys. ..... ' applying these principles to the present case, in which the estate of the wrong-doer did not benefit, but actually suffered, in consequence of his wrong-doing, we hold that the suit abated on the death of ramdas, and that no right to ..... damages which have been done to him are unliquidated and uncertain, the executors of a wrong-doer cannot be sued merely because it was worth the wrong-doer's while to commit the act which is complained of, and an indirect benefit may have been reaped thereby. ..... on his death the right to sue survived, or whether the suit abated under section 861 of the civil procedure cede. ..... survive on the death, either of the person, who did, or of the person who sustained the wrong, and, in the absence of statutory provision to the contrary, it still prevails unless the estate is affected by the tort'--addison on torts, 6th ed., p. 57. ..... he, alleged that ramdas on the 10th november, 1883, obtained warrant for his arrest on a charge of criminal breach of trust; that he was arrested on it on the 16th november, kept in jail until the 20th november, when he was released fin bail, and that he was .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom236
..... to bring a suit against the trustee or any person claiming through him to recover such land shall be deemed to have first accrued according to the meaning of this act at and not before, the time at which such land shall have been conveyed to a purchaser for a valuable consideration and shall then be deemed to have accrued only as against such purchaser and any person claiming through him.13. ..... are not mentioned in the statute, and expressed his surprise that that omission had occurred; but that is not material, for trusts generally are mentioned, and that includes charitable trusts, unless they are expressly excepted, and there certainly is no such ..... the parishes should jointly collect the charities, donations, &c;, and should and might, with the consent of the vestry of each parish, make leases of the lands, &c;, so given for charitable purposes and should do, perform and execute all and every such acts and things relating to the management of the said charity in such manner as the churchwardens of st. ..... barred by section 24 unless in a case where section 25 prevents its operation; and in this case it could only prevent the operation of section 24 if the college had held the land on an express trust for the charity, ..... the period during which by virtue of the provisions hereinbefore contained he might have brought an action to recover the same respectively if he had been entitled at law to such estate, interest or right in or to the same as he shall claim therein in equity.25. .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom294
..... by the person fatma, whose mark alone purports to have been affixed thereto, and further that all the three documents, as purporting to extend the interests created by exhibit 56, were compulsorily registrable and inadmissible for want of registration, and in any case were ineffectual by reason of section 50 of the registration act, 1877, as against the registered deed under which the plaintiff claims, and that plaintiff as a bona me purchaser without notice could not be affected thereby.9. ..... 166 wherein the principle appropriate rested upon the equity that 'where, one man allows another to hold himself out as the owner of an estate, and a third person purchases it, for value, from the apparent owner, in the belief that he is the real owner, the man who so allows the other to hold himself out shall not be permitted to recover upon his secret title,' unless he can ..... it is clear that the principles of that case apply only to the duty of enquiry arising in cases where, apart from constructive notice, there is nothing to put the purchaser on enquiry. ..... 678 appears to exonerate the purchaser or lessee from the duty of enquiry as to a document of which he has contructive notice, only in cases where he might get a complete chain of title without any notice of that document where he would be justified in resting assured that it could not affect him. ..... 59, where, on the english authorities cited, the duty to make inquiry into the title when the vendor is not in possession is insisted upon. .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom335
..... for act xx of 1866 came into operation there on 1st may, 1866, under section 98 of that act, and the repeal of that section by act xiv of 1870, as spent, did not under section 1 of that act ..... own order dated the 20th november, 1895 (exhibit 142) and without the sanction of any superior authority, directed that the attachment of the estate was not to be removed for the present and in fact it continued until the plaintiff received charge of the property on the 16th january, 1897. ..... the defendant cannot shelter himself under exhibit 62 as one granted by the duly constituted administrator of the plaintiff's estate, because it was passed by one who although he had been an administrator of the plaintiff's estate had become functus officio at the time he executed it by reason of the plaintiff having before that time ..... before 1881 the defendant had been applying for a lease to him of certain waste lands in the plaintiff's estate, and in june and december, 1881, and february, 1884, three leases (exhibits 59, 60 and 61) were granted to the defendant of portions of such and by the collector purporting to act on behalf of government, bat no specific ..... possession as the collector represented him, and the plaintiff was not in the position of a reversioner coming in on the determination of a particular estate; that the defendant was not a tenant from year to year but entered under a lease; that the leases may be looked to for the purpose of showing the adverse nature of the possession lalla gopee v. .....
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