Court : Mumbai
Decided on : Feb-28-1910
Reported in : (1910)12BOMLR553
..... appear to us that lloyd & co. would be entitled to any remedy against bloch as they have not paid or performed all they were liable for as sureties. see contract act, section 140. the utmost benefit, we think, which the defendants are entitled to obtain from the position of lloyd & co. as sureties is the right to the security of the ..... failing which bloch was to make it good as guarantor. 24. in order to carry out these arrangements the plaintiffs arranged with the national bank of india in london to finance the consignments that might be sent to the plaintiffs by millerson &co.; through bloch by paying to bloch 65 per cent, of the invoice value of the goods on ..... might arise was to be credited to millerson & co. in account. in consideration of bloch putting millerson & co. in direct communication with his constituents in india and of his financing the business his commission was to be 3 per cent, on the invoice value of the goods to be paid when the advance should be made. it was agreed that .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-12-1910
Reported in : (1910)12BOMLR992
..... principal and interest from a hindu mortgagor who has bound himself to repay the same.13. by section 2 of the act in the territories to which the act extends for the time being the enactments in the schedule to the act are repealed to the extent therein mentioned and by sub-clause (d) nothing in the second chapter ..... 25 october 1895 kashinath vishvanzfth also assigned his interest in the mortgage and further charge on the naigaum property to girdhardas ghanshamdas.6. in these assignments girdhardas acted as the nominee of vithaldas ramdas.7. on the 28th june 1897 vithaldas ramdas mortgaged his interests in the above mentioned mortgages and further charge together with his ..... refers to transfers of property by act of parties shall be deemed to affect any rule of hindu, mahomedan or buddhist law.14. from this it is contended that the provisions of chapter iv relating to mortgages of immovable property and charges and of section 65 in particular do affect the rule of damdupat. the point does .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-22-1910
Reported in : (1911)13BOMLR162
..... not otherwise bound to do; and that a mortgagee in possession is certainly not bound to work a mill, or to finance it. looking to the terms of sections 72 and 76 of the transfer' of property act, and some of the cases which have been decided under them it may be doubted whether this proposition is quite correct. ..... consequences, if any, following upon that fact, that we must look for a sufficient objection to the agreement and not to any objections taken under the sections of the registration act merely for want of registration. for, as soon as it can be shown that where all the consequences of the agreement are absolutely identical so far ..... has been substantially in controversy from the moment these agreements were tendered in evidence, is that neither directly nor indirectly do they, to use the language of section 17 of the registration act, 'purport or operate to create, declare, assign, limit or extinguish whether in present or in future any right, title or interest whether vested or .....
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