Court : Mumbai
Reported in : AIR1925Bom210; (1925)27BOMLR290; 87Ind.Cas.490
..... i shall briefly state my reasons for this view in the light of the arguments which have been urged before us. chapter vii of the transfer of property act deals with gifts, and section 122 defines 'gift' as ' the transfer of certain existing moveable or immoveable property made voluntarily and without consideration by one person, called the donor, to another, ..... effected by either of the parties, but which does not depend on the consent of the transferor.28. why then should we adopt a different construction in section 123 the indian registration act does not require the consent of the donor to registration any more than it does that of a vendor or a mortgagor. in fact, the document ..... a locus penitential, up to actual delivery, provided the donor had done all that he could to complete the gift : kalidas mullick v. kanhaya lal pundit i.l.r.(1884) cal. 121 and joitaram v. ramkrishna i.l.r.(1902) 27 bom. 31. this is, in my opinion, weighty authority in favour of applying the same principle to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom369; (1925)27BOMLR506; 87Ind.Cas.982
..... stated, was presented in the first instance by the mercantile bank of india on behalf of the plaintiffs to the defendants. according to the provisions of section 27, sub-section (3), of the bills of exchange act, 1882, (45 & 46 vic. c. 61) undoubtedly the plaintiffs would be holders for value, and it is not contested, and it cannot be ..... apply to the facts of this case. the indorsement on the bill of exchange by marshall & co. is an indorsement in blank as defined by section 16 of the negotiable instruments act. the name of the royal bank of scotland is not mentioned as indorsee and the indorsement in blank has not been converted into indorsement in full ..... value. i am, therefore, satisfied that the plaintiffs were holders for value, that is, for consideration. there is no specific provision in the indian negotiable instruments act corresponding to a 27, sub-section (3) but there can be no doubt that the law in india is not different on this point. there is also the presumption mentioned in .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR135
..... of a joint family.21. in rangayya chetti v. thanikachalla mudali i. l. r. (1895) mad. 74 vesting order was made under 'insolvent act, section 7' (? 11 & 12 vic. c. 21, section 7) against the managing member of a hindu joint family who was adjudicated an insolvent. the joint family consisted of the managing member of the family who ..... the debts in the schedule to the application were all debts incurred in carrying on the family business. upon that application a vesting order was made under section 7 of the act. the official assignee sold a portion of the property of the joint family to the plaintiffs. subsequently to that sale a person, who was a defendant ..... dispose of his son's interest in ancestral immoveable estate for the payment of his own debts not contracted for immoral purposes, a vesting order made under section 7 of that act vested that right in the official assignee, who could therefore give a good and complete title to such ancestral estate to a purchaser. latham j. referred .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR1
..... definite ascertained interest 'to arise from the fund.'10. their lordships agree with the trial judge that the case does not fall within the exception to section 107 of the indian succession act, and, as has been already stated, their lordships agree that bequest of the residue to the son is contingent on his attaining the age of majority ..... there may remain over after payment of the above warsas, i bequeath the same to my said executors.3. the parties are governed by the indian succession act (x of 1865), the material section of which is in the following terms:-107. a legacy bequeathed in case a specified uncertain event shall happen does not vest until that event happens . ..... fund is not contingent.4. both the courts in india held that the bequest to the testator's son is contingent within the meaning of the first clause of section 107, a decision with which their lordships agree.5. the main contention, however, before this board on behalf of the contesting respondent was that the terms of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom167; (1925)27BOMLR102; 94Ind.Cas.631
..... 31, 1924, is invalid inasmuch as the tenancy would not expire until the end of the day constituting august 31, 1924. counsel has pointed out that under section 106 of the transfer of property act, a notice to quit may be by a notice expiring with the end of a month of the tenancy, in the absence of any contract or local ..... custom probably requires a month's notice in the case of property in bombay like the property in the present case, and that accordingly the fifteen days' notice mentioned in section 106 would be insufficient.4. but there is nothing whatever in the local practice, so far as i am aware, to suggest that a notice expiring with the end of ..... opinion was a valid notice. it is clear that the bombay rent (war restrictions) act expired on or before august 31, 1924, and in my opinion there was nothing in that act which would prevent the landlord from giving notice to quit at the expiration of that act. the rest of the judgment is not material to this report. his lordship passed a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom375
..... sold already but it does not recite that the property was sold and transferred by the terms of the instrument 'itself' within the meaning of clause (h) of section 17, registration act iii of 1877.12. it appears to me that the document in question does not purport or operate to create, declare, assign, limit or extinguish whether in present ..... description of the documents referred to in section 17(1)(b) then it requires registration. unless it is registered it ..... was not, it is certain, intended to make the provision in section 17, clause (h), purely illusory.8. with all clue respect, i do not think that line of argument is sound. section 17, clause (h), of act iii of 1877 is reproduced in section 17, clause (2)(v) in the act of 1908. if a document is a document coming within the .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR746
..... himself, the parties, or one of them, applied that a case should be stated for the opinion of the high court of bombay, in accordance with the aden courts act, no. ii of 1884, section 8, and the resident, in stating his case, stated also his opinion, formed upon the materials before him, that there should be a provisional decree for a partnership .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom278; (1925)27BOMLR371
..... municipal fund ?4. the facts stated in the plaint may be taken as admitted by the defendants in their pleadings.5. the following are the pertinent sections of the act:-section 42. every councillor shall be personally liable for the misapplication of any fund to which lie shall have been a party, or which shall have happened ..... defendants can be held to have misapplied the monies expended on the municipal schools during this period, the plaintiff relies upon section 42 of the bombay district municipalities act (bom. act iii of 1901) by that section 'every councillor shall be personally liable for the misapplication of any fund to which he shall have been a party.23. ..... order to understand the point sought to be made it is necessary to turn to other portions of the act. i pass over section 52 of the act which appears to me to have no bearing on the question at issue. section 58 runs as follows : -58. the management, control and administration of every public institution exclusively maintained .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom347; (1925)27BOMLR409; 87Ind.Cas.812
..... contract act is not to render an assignment of a share in a partnership concern illegal or void as between the parties to the ..... he had signed the farkhat, that by itself would not effect a dissolution. it would only give a right of action to sue for a dissolution under section 254 (5) of the indian contract act 'when a partner, other than the partner suing, is guilty of gross misconduct in the affairs of the partnership or towards his partners.' therefore, if the ..... transfer of property act.10. so it was suggested by the plaintiff that the assignment operated as a dissolution of the partnership and entitled the assignee to sue. there is authority for that proposition in juggut chunder dutt v. rada nath dhur i.l.r. (1884) cal. 669. the head-note runs :-the effect of clause (6) of section 253 of the .....
Tag this Judgment!Court : Mumbai
Reported in : 88Ind.Cas.886
..... the whole building are different from the-premises constituting a part of the building. he case is not one in which jurisdiction to apportion rent arises under section 13(a) of, the act; for that section contemplates a case where there was no letting of the part at the period at which the bade rent has to, be determined but the whole is ..... not fall either within the rule in chapsey umersey v. keshavji damji 60 ind. cas. 960 : 45 b. 744 : 23 bom. l.r. 133 or within section 13(a) of the rent act.16. rent act itself in the definition of the premises refers to part of the building separately let as premises of which, the standard rent has to be determined and ..... rental of rs. 97. the plaintiff gave notice to quit on february 4, 1924, terminating the tenancy as from april 1, 1924. the defendant claims the privilege of section 9 of the rent act, and also. contends that the rent that he is paying is in excess of the standard rent.2. the main issue in the suit is what is the .....
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