Court : Kolkata
Reported in : (1880)ILR5Cal792
..... mortgaged joint property as the managing member of the family. these ladies continued to be interested in the business; they must be taken to have known that it was financed by the defendants, and that it required advances; they allowed gour churn to stand forward as the ostensible owner of the family share; they participated in and were ..... adduced by the plaintiff, meagre as it is, as to her withdrawing from the business, or altering her position with respect thereto. the business had for years been financed by the defendants. in 1874 the amount due to them was over rs. 21,000. the business had pressing need of further advances, and application was made to ..... of the family that the protection which the hindu law generally extends to the interests of a minor should be so far trenched upon as to bind him by acts of the family manager necessary for the carrying on and consequent preservation of that family property; but that infringement is not to be carried beyond the actual necessity .....
Tag this Judgment!Court : Kolkata
Reported in : (1883)ILR9Cal14
..... secretary, it was necessary for preserving the credit of the company that they should be at once taken up; and that new funds not being immediately forthcoming to finance the gardens, the coolies under engagement there would have also broken their engagements and run away, and the property would have gone. i also say that money ..... , etc., etc.; and that the course of business was, as it is we believe with the greater number of these companies, that the concern should be 'financed,'--that is to say, that some agent in calcutta or elsewhere should make the advances necessary to meet current expenses, soiling and giving credit for all sums received ..... hotel company 6 eq., 82--sufficiently dispose of this objection. there is nothing in the companies' act or in the articles of association, or memorandum of association, of the company to render such a mortgage invalid. the system of financing' the current expenditure appears to have been from the outset the regular mode of transacting the company .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal389
..... maintained out of the profits of such business, must, in the absence of evidence, be taken to possess the knowledge that the business might require financing and to have consented to such financing. where, therefore, a managing member of such a family, in carrying on the family business, obtains an advance necessary for the purposes of the ..... further of opinion that in conducting this litigation, and in raising money by mortgaging a portion of the family property for defraying the expenses of this litigation, they acted with the implied consent of all the members of the family, including anangamanjari. we are, therefore, of opinion that the mortgage created by the bond of the ..... lower court upon the question of limitation is correct. the contention of the learned counsel for the appellant that article 132 of schedule ii of the limitation act of 1877 refers to a claim to recover money charged upon immoveable property quite irrespective of the remedy asked for, has been set at rest by the .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom12
..... . 511 and attorney general v. fellows 6 mad. 111. i think not. the applicant was not taken unawares. what happened was due to his own rashness (story's equity jurisprudence, section 250, note). no accident intervened such as a sudden event, or illness, or stoppage of means of communication. the applicant was under no compulsion to leave the courthouse: nor was ..... to appear was not such as can be called a bond fide mistake, and that the cases of the oriental finance corporation, limited v. the mercantile credit and finance corporation, limited 2 bom. h.c. r 267 and haradatri shrikisondas v. victoria finance and bullion association 3 bom. h.c. r o.c.j.. 60 do not apply in his favour to the ..... case being called on is his absence, that he was not 'prevented' from appearing when the suit was called on for hearing, and that he was absent by his own act. i therefore refuse to make an order to set aside the dismissal of his suit. .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom314
..... himself in respect of advances made or expenses properly incurred by him in conducting such business, and also such remuneration as may be payable to him for acting as agent.' this section merely declares the english law. adding the words concerning remuneration to the following passage from story on agency (pl. 350) the two statements of the ..... in the agent for all his commissions, expenditures, advances, and services in and about the property or thing entrusted to his agency.' with section 221 must be read section 171 of the contract act, which limits the right to a general lien,--that is to say, the right of parties to retain all goods in their possession as ..... purposes of the business.' the firm, as agents of this company, did what is often done by agents of companies in bombay. they furnished the current capital. they financed business. without their aid the company would have probably closed its doors for want of funds. messrs. ewart, latham & co., claim, then, a general lien for .....
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal77
..... existence bonds which had been given for necessary purposes and which could be enforced, and there was a decree. the family of the defendants had for many years been financing this asthan. they acted not only bond fide, but it appears to us they exercised a good deal of care in the different transactions. there is nowhere in the case for the ..... were to start an adverse title, twelve years had not elapsed when the suit was instituted.9. we also think that we must hold that article 91 of the limitation act has no application to the present case. a forcible argument was addressed to us on behalf of the respondents in order to induce us to hold that that article applied ..... . but balraj continued to hold, not adversely to the endowment, but as de facto trustee thereof. he continued as mohunt, and in his dealing with the property in 1881 he acted in that capacity. that being so, it is difficult to see how his action can in any way be treated as being adverse to the endowment. a person who wrongly .....
Tag this Judgment!Court : Chennai
Reported in : (1897)ILR20Mad91
..... awarded to him in suits maintained by him as trustee, though those suits were maintained for the benefit of v. subbarayan and company and were financed by that firm. plaintiff, no doubt, may be bound to account to the firm for such costs, but that cannot affect the plaintiff's right to recover them from the ..... composition deed, the plaintiff as trustee could not sue for those costs, but the district judge has pointed out that those suits were brought by the defendant against plaintiff for acts done by him as trustee and the costs were awarded to plaintiff as trustee. there is nothing to prevent the plain-till from now suing as trustee to recover costs .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ128
..... of the settlement of a conveyance by the judge if the parties differ. such a conveyance is exempt from the payment of ad valorem stamp duty (proviso to section 6 of the english finance act, 1898) if such duty had been paid upon the decree or order for foreclosure absolute. a release by the mortgagor after judgment of foreclosure is equivalent to an ..... . under the english law such an order operates as a ' conveyance on sale and has to be stamped ad valorem as such (vide sections 54 and 57 of the english stamp act, 1891, and suction 6 of the english finance act, 1898. in wills v. luff 38 ch. d. 197 chitty, j., says that after the passing of an order for foreclosure absolute, the .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad300
..... settlement of a conveyance by the judge if the parties differ.' such conveyance is exempt from the payment of ad valorem stamp duty (proviso (b) to section 6 of the english finance act, 1898), if such duty had been paid upon the decree or order for foreclosure absolute. a release by the mortgagor after judgment of foreclosure is equivalent ..... under the english law such an order operates as a conveyance on sale' and has to be stamped ad valorem as such [vide sections 54 and 57 of the english stamp act, 1891, and section 6 of the english finance act, 1898]. in wills v. luff l.r. 38 ch.d. 197 chitty, j., says that after the passing of an ..... his right. in the case of redemption, delivery back of the mortgage deeds, possession of the mortgaged property and a reconveyance are the reliefs (see section 60, transfer of property act) which the mortgagor obtains by executing his decree for redemption. as the provisions of the civil procedure code are sufficient to work out a decree for redemption no .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad515
..... whether, where a general power of appointment over a fund is exercised by will, the appointed fund passes to the executor, as executor. for the purposes of section 9, sub-section (1), of the english finance act, 1894, buckley, j., has held that it does; see in re moore [1901] 1 ch. 691, whilst kekewich, j,, and byrne, j., have held that it does ..... chorlton v. walker 10 m. & w. 742, held that, the property appointed by the daughter was not liable to duty. this decision turned entirely upon the construction of section 18 of the act of geo. iii. the enactment which was in force when the case of in the goods of george 6 b.l.r. appx. 188 was considered by sir richard ..... property over which the power was exercised liable to duty, but he considered the case to be substantially the same as if it had arisen under the english act (36 geo. iii, cap. 52, section 18), and he held that duty was not payable on the authority of drake v. the attorney-general 10 cl. & f. 257. under the will in question .....
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