Court : Mumbai
Reported in : (1926)28BOMLR777
..... its unsoundness. in the first place, so far as lien is concerned, the law as to lien is statutory and is contained in the 95th and following sections of the indian contract act. section 95 applies to this case; unless there is possession there is no lion. but, farther, there seems to their lordships a good deal of confusion arising ..... nos. 2 and 3, and could not have a judgment against defendant no. 3 for delivery of the certificates and transfers. they held further that section 121 of the indian contract act, which is in these terms-when goods sold have been delivered to the buyer, the seller is not entitled to rescind the contract on the buyer' ..... were not ascertained goods at the time of the contract, for the contract was only for so many shares of alcocks', not of any particular shares, but then section 83 provides:-where the goods are not ascertained at the time of making the agreement for bale sale goods answering the description in the agreement are subsequently appropriated by .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR556; 95Ind.Cas.528
..... should ba considered to belong to the whole family. that appears fo have been the view of this court in desai maneklal amratlal v. desai shivlal bhogilal i.l.r. (1884) 8 bom. 426. there the parties, who were desais of mahudha, in addition to their 'desaigiri' allowance enjoyed an allowance called 'amin sukhdi.' in 1866 an arrangement was coma to .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1152
..... could only be considered as a licensee entitled to keep his timber on the premises for removal within four months. those documents come under section 17 (1) (6) of the indian registration act and required to be registered. under section 49, if they are not registered, they cannot be received in evidence of any transaction affecting the property.10. it has been contended ..... that, if such a document were allowed to be put in evidence to prove the agreement said to be contained therein, then the object and purpose of the indian registration act would be completely defeated.11. so, in this case, the parties having executed documents surrendering the lease, they required to be registered, not having been registered, the court cannot look .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom481
..... regard to the question? i think reference should obviously be made (although none of the learned counsel in the case drew my attention to them) to sections 40 and 44 of the indian evidence act. section 40 says:the existence of any judgment, order or decree which by law prevents any. court from taking cognizance of a suit or holding a trial, ..... because it has been held that a voluntary submission to the jurisdiction of a foreign court makes the judgment of that court res judicata in spite of the act that clause (a) of section 13 says that a foreign judgment is not conclusive where it has not been pronounced by a, court of competent jurisdiction. those are the only remarks that ..... j. in ramlal malikand v. deodhari rai 2 pat.771. the learned judge there draws attention to the decision of the calcutta high court in gowri koer v. audh koer [1884] 10 cal. 1087, where it is said (p. 1091):but although these learned judges may have made a mistake in point of law, in the decision at which they .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR879
..... regard to the question i think reference should obviously be made (although none of the learned counsel in the case drew my attention to them) to sections 40 and 44 of the indian evidence act. section 40 says :-the existence of any judgment, order or decree which by law prevenbs any court from taking cognizance of a auit or holding a trial ..... opinion, justifies its being given any greater effect. if the present question had arisen on an objection taken in proceedings before the commissioner for taking accounts, then, no doubt, section 21 might be used to preclude the present plaintiff from raising the objection that he has, but, in my opinion, it does not preclude the objection being raised in ..... i.l.r. (1923) pat. 771 the learned judge there draws attention to the decision of the calcutta high court in gowri koer v. audh koer i.l.r (1884) cal 1088 where it is said (p. 1091) :-but although those learned judges may have made ft mistake in point) of law, in the decision at which they arrived .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR680
..... suspended, or was about to suspend, payment of his debts. there is no allegation in the petition of such an act of insolvency, as is referred to in section 9 (g) of the presidency towns insolvency act. in my opinion, it is absolutely necessary that an application for the adjudication of a debtor by a creditor, on ..... the ground that an available act of insolvency had been committed, must definitely allege what available act or acts of insolvency were committed as detailed in that section. it is not sufficient to make some vague allegations in the petition, and then endeavour by means ..... of evidence to prove that certain available acts of bankruptcy have been committed,4. the cases which have been .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom383
..... suspended, or was about to suspend, payment of his debts. there is no allegation in the petition of such an act of insolvency, as is referred to in section 9(g) of the presidency towns insolvency act. in my opinion, it is absolutely necessary that an application for the adjudication of a debtor by a creditor, on ..... the ground that an available act of insolvency had been committed, must definitely allege what available act or acts of insolvency were committed as detailed in that section. it is not sufficient to make some vague allegations in the petition, and then endeavour by means ..... of evidence to prove that certain available acts of bankruptcy have been committed.4. the cases which have been .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR1519
..... correspondence was put in by consent of the parties, and the letters of narbheshankar, in my opinion, fall generally under clause (2) of section 32 of the indian evidence act as being made in the ordinary course of business, for narbheshankar was the managing partner in the firm of meghji parmanand and corresponded on behalf of ..... all, the transaction being, as the privy council says, entirely inoperative. such a transaction is clearly ineffective under the law in india, having regard to section 2(a) of the indian contract act, and which bays 'when one person signifies to another' etc., and clause (0) which says 'the person making the proposal is called the ' ..... for payment under these mortgages was july 17, 1908, and both the documents contain the usual power of sale, subject to the provisions of section 69 of the transfer of property act, in default of payment of the mortgage debt.4. about april 1908 the plaintiff admittedly was in monetary difficulties and left bombay for morvi and .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR931
..... under article 66 long before the execution of the razinama and the conveyances thereunder. consequently, it is not neeessary to consider whether a decree under section 90 of the transfer of property act of 1882 is requisite in case of deficiency in the realisation from the mortgaged property. admittedly no decree was asked for or made ..... statute of limitation (xv of 1877), long before the execution of the razinama and the conveyances thereunder. it will be noticed that the mortgage of july 23, 1884, by which suryamani borrowed es, 33,500 from behari lal pandit on interest at the rate of one per cent, per mensem was repayable by her within six ..... by power of attorney executed and authenticated in manner hereinafter mentioned.'14. their lordships concur with the high court in holding that the sale-deed of july 23, 1884, which purported to be executed by lakhan mfthanty for suryamani was not validly executed, and that the sale thereunder could not bind either suryamani or the reversioners.15 .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1091
..... ' is transferred ' can only mean transferred by the instrument, the stamping of which is in question : of. the definitions of 'conveyance' and 'instrument' in section 2 of the act. a previous instrument cannot, therefore, be taken into consideration in deciding whether the whole mortgaged property (and not merely a portion of it) 'is transferred' to the ..... by c and d, but in any event the identical property mortgaged was bold.7. the commissioner observed :the proviso to the explanation in section 24 of the stump act does not specifically include cases in which part of the property previously mortgaged is subsequently sold. my opinion is that such cases are not covered ..... us, but the question is whether the ratio decidendi is the same.9. the judgment says (p. 206):we think that the proviso to section 24 of the indian stamp act...contemplates that to entitle the mortgagor to a deduction thereunder, the property trans- ferred should be identical with that mortgaged and should not merely form .....
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