Court : Kolkata
Reported in : AIR1939Cal210
Derbyshire, C.J.1. This is an appeal from a decision of Lort-Williams J., delivered on 29th May 1936, wherein he gave judgment for the plaintiff for Rs. 4000 and costs and made a declaration that the plaintiff was entitled to reject a boiler with accessaries. The plaintiff, the present respondent, carries on business as an ink and sealing-wax maker under the name of the Bengal Industrial Company at Cossipore, a few miles out of Calcutta. The defendant, a German gentleman, for some years had carried on business in Calcutta as a manufacturer's agent and an import-merchant dealing mainly in papers, stationery and machinery for making paper. The parties for some years previous to 1932 had business dealings with each other. In 1932, the plaintiff wished to start the manufacture of carbon paper and with that object in view, he consulted the defendant from time to time, and the defendant assisted him with advice, and also procured same formulae for the preparation of carbon-paper. In 1932, th...
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad152; (1931)60MLJ551
Reilly, J.1. These two appeals relate to suits in which the Corporation of Madras claimed declarations that the Madras Electric Tramways Company and the Madras Electric Supply Corporation respectively were subject to the. control of the Commissioner of the Corporation under Sections 287 and 288 respectively of the Madras City Municipal Act. The suits were tried by the Judge of the City Civil Court, who dismissed both of them. They came on appeal before Waller, J., whose opinion was that both the Companies carried on their operations under special Acts, or what were equivalent to special Acts, inconsistent with the general Act, the City Municipal Act, and that the Corporation of Madras were not entitled to the declarations for which they sought. He upheld the decision of the City Civil Court; and it is against that decision that these two appeals have been preferred.2. I think it will be convenient to deal with the two cases separately, and, if I may say so with great respect, I doubt w...
Tag this Judgment!Court : Kolkata
Reported in : 59Ind.Cas.403
1. In these three matters Rules were issued on the same day practically based on the same fasts. They arise out of some boring operations in Mouzah Parsundi comprising of about 5,000 bighas of land (4,906 according to the Revenue Survey). The Iron and Steel Company, who are the first party in the proceedings under Section 145 initiated on the 10th July 1919, obtained as petitioners, Rule No. 847 on the following allegations, namely, that the Maharaja of Burdwan was the Zemindar of the Mouzah and sole owner of the minerals and mineral rights therein. On the 9th September 1839 he granted a putni settlement of the Mouzah to certain persons shortly referred to as the Chatterjees and Misras. On the 5th April he authorised one E.J. Seth Sam on behalf of the Parsundi Mining Syndicate to go on with boring operations in the Mouzah pending execution and registration of a formal document and Seth Sam in his turn on the 12th April 1918 authorised the petitioners to carry on boring operations there...
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal298
ORDERNasim Ali, J.1. These two rules were issued at the instance of the defendants upon the plaintiff opposite party in a suit instituted in the Court of the Small Causes, Sealdah for recovery of damages. The case of the plaintiff opposite party briefly stated is as follows: Plaintiff is the owner of Premises. 25 and 25 A Harish Mukerji Road Bhowanipur P.S. on 7th June 1933 and 8th June 1933 defendant 2 i.e., Calcutta Electric Supply Corporation Ltd. served notices upon him demanding payment of the charge for supplying electric current and intimating that on failure thereof the supply would be cut off. The amounts covered by the said notices were paid in time by the plaintiff. No notice of discontinuing the current of the aforesaid premises on account of their arrears was ever served on him. He was never informed by defendant 2 that the electric connexion of the said premises would be cut off, for non-payment of the charges for supplying energy to his other premises. Though nothing was...
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom163; (1927)29BOMLR196
Shah, J.1. The papers relating to the inquisition touching the death of Umar Haji Yusuf Sobani have been submitted to this Court by the Coroner. In his letter of reference the Coroner has stated that the jury have returned a verdict which, in his opinion, is 'antagonistic with the evidence given by well-known medical men and with the circumstantial evidence in the case.' Notices were ordered to be issued by this Court to the parties who appeared on the record to be interested in the inquisition, namely, the Police Commissioner, the widow of the deceased, and the brother of the deceased. Before us now there is no appearance on behalf of the brother of the deceased, but the learned Advocate General has appeared on behalf of the Police Commissioner, and Mr. Velani has appeared on behalf of the widow of the deceased.2. As apparently this is the first case of its kind in which the Coroner has submitted the papers in order that the inquisition may be either amended or quashed, it is desirabl...
Tag this Judgment!Court : Privy Council
Lord Wright: The appellant is the Official Assignee of Madras in whom the property vested in insolvency of C.K. Narayan Ayyar and Sons (who will be referred to hereafter as the insolvents); The question in the appeal is whether the appellant or the respondents are entitled to the proceeds of certain consignments of ground nuts; the primary issue is whether the respondents who had advanced moneys on the security of the railway receipts in respect of these ground nuts obtained a valid pledge of the goods. Certain further or alternative questions will be dealt with subsequently. The appellant succeeded before Waller, J.; his decision was, however, reversed on appeal by the High Court of Judicature of Madras, Appellate Jurisdiction; the appellant now appeals to His Majesty in Council. There is little dispute about the facts. The insolvents did a large business in ground nuts, which they purchased from the up-country growers; the nuts were then despatched by rail, arrived in Madras by one o...
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR62
Mirza, J.1. This is an application for revision of an order of the Chief Presidency Magistrate, Bombay, ordering the applicant to surrender herself on a warrant dated April 20, 1928, issued by the Resident at Baroda, or in the alternative to give bail as required by the warrant to attend before the Second Class Magistrate at Navsari in the Baroda State. The warrant is issued under the provisions of Article 7 of the Indian Extradition Act (XV of 1903). It recites that the applicant Bai Aisha (Mabel Ferris alias Isa Badruddin) wife of Akuji Isabji of Taluka Navsari, stands charged with having committed in the Baroda State the offences of criminal breach of trust and theft, which in British India would be punishable under Sections 406 and 380 of the pndian Penal Code.2. It appears that on July 17, 1927, the Bombay Police had at she instance of the Baroda Police arrested the applicant for the same alleged offence. The proceedings were adjourned from time to time as the extradition warrant ...
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR640
George Rankin, J.1. This appeal raises questions as to the true construction and effect of Section 20 of the Indian limitation Act (IX of 1908) as amended by the Indian Limitation Amendment Act (I of 1927), Conflicting decisions in India have made it desirable that their Lordships should construe the Section, and as in the present case the High Court has differed from the trial Court on the facts, the evidence must be examined.2. The plaintiff appellant Rama Shah is described as a banker and carries on a business at Jhelum which includes the lending of money. The defendant Lal Chand is a timber merchant of the same town who on various occasions between October 17, 1929, and July 17, 1931, took a loan from the plaintiff, giving to him a promissory note for the amount of the loan with interest at twelve per cent, per annum. Two small loans not covered by promissory notes were alleged by the plaintiff to have been made and were disputed by the defendant, but five promissory notes are admi...
Tag this Judgment!Court : Mumbai
Reported in : AIR1946Bom159; (1945)47BOMLR867
Lokur, J.1. The facts out of which this appeal arises are not in dispute. The Ahmedabad Municipality established a Provident Fund for the benefit of its employees in 1914, and in exercise of the powers under Section 8 of the Provident Funds Act, 1925, the Government of Bombay applied the provisions of that Act to that Fund by a Notification dated July 2, 1929. The Municipality used to invest the Provident Fund in public securities including its own debentures. Those debentures had been issued by the Municipality under the Local Authorities' Loans Act, 1914. On June 20, 1933, the Collector of Ahmedabad wrote a letter to the Municipality that the moneys of the Provident Fund could not be invested by the Municipality in its own debentures as they were not securities within the meaning of Section 20(d) of the Indian Trusts Act, 1882. The President of the Municipality was therefore, requested to take steps to dispose of the debentures and to reinvest the proceeds in public securities. Later...
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad140; (1940)1MLJ922
Alfred Henry Lionel Leach, C.J.1. The appellants appeal against an order refusing to recognise them as secured creditors of the Lakshmi Forest Company Limited, which is now under liquidation under an order for compulsory winding up. On the 3rd September, 1932 by a registered deed the appellants conveyed to the Company certain lands in the village of Shedimane, South Kanara District and assigned the benefit of a mortgage decree, which they had obtained in the Court of the Subordinate Judge of South Kanara. The consideration was Rs. 80,000 payable in instalments. The deed purported to charge both the immovable property and the mortgage-decree for the due payment of the balance of the consideration. It was also provided that the vendors should remit a sum of Rs. 10,000 if the Company should pay the balance falling due before the 1st April, 1933 With interest from the 30th June, 1932. The right to rank as secured creditors was challenged by the liquidator, and the appellants took out a Jud...
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