Court : Mumbai
Decided on : Mar-22-1933
Reported in : AIR1933Bom450; (1933)35BOMLR929; 145Ind.Cas.630
..... and that it was not in respect of the same cause of action, and that, therefore, the conditions necessary to bring the case within section 14 of the indian limitation act, 1908, were not fulfilled.6. in determining whether the suit falls within article 85, the first question to be decided is, whether there ..... and current account, and applied for an amendment to that effect. the amendment was opposed but allowed by the learned judge.17. the contentions raised by the learned advocate general in appeal are : (1) that the plaintiffs are not entitled to rely on section 14 of the indian limitation act, 1908, as it is not proved that ..... plaintiffs stated that they were giving up cotton business and promised to make up accounts on receiving a statement of account from the defendants. on july 10 the defendants wrote to the effect that rs. 2,123 odd were due to the plaintiffs and along with that letter sent a full statement of ..... statement of account was sent by the defendants to the plaintiffs. the ankda at the foot of it showed the sum of rs. 2,123-14-9 as 'balance payable.' in their letter of july 16 the plaintiffs repudiated the hawala and called upon the defendants to furnish particulars or a detailed ..... with the plaintiffs. that may have been the defendants' view in 1932, but it does not follow that it was the plaintiffs' view in 1925.9. with regard to the claim on the alleged admission on which the learned judge was against the plaintiffs, i agree with his decision and have nothing .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-21-1933
Reported in : AIR1934Bom79; (1934)36BOMLR47; 150Ind.Cas.478
..... arbitration by a verbal agreement was in existence in india at the date when the indian arbitration act was passed. in those circumstances the indian arbitration act to amend the law relating to arbitration was passed. section 2 deals with the scope of the act and provides that 'it shall apply only in cases where, if the subject-matter ..... those provisions and to avail themselves of and enforce awards independently of them.9. coming to the indian arbitration act of 1899 it was an act passed to amend the law and i take it that the law which was sought to be amended was the common law of england so far as it still applied and ..... agreement for arbitration was no longer legal in india was that of mr. justice beaman in rukhanbai v. adamji i.l.r. (1908) bom. 69 : 10 bom. l.r. 366 with great respect to that learned judge, i think that his view was wrong, and that that is not the law. the ..... to refer the questions in dispute between the partners in the firm of maganlal parbhudas in respect of that partnership, and when one looks at clause 9 of the award it deals with a question not between those partners, or relating to that partnership, but a question between the plaintiff and defendant ..... right to this commission was referred for decision to the same two arbitrators. then it is alleged that the arbitrators made their award, and by clause 9 they dealt: with the question referred by this oral agreement, that is, the dispute between the plaintiff and the defendant, and they awarded the plaintiff .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-1933
Reported in : AIR1934Bom178; (1934)36BOMLR327
..... have been allowed and the suit proceeded with. as observed by jacob j. in guruvayya's case, such an amendment would not attract the operation of section 22 of the indian limitation act. 15. having regard to what has been stated above, i reverse the decree of the lower court, allow the appeal, and send the case ..... be sued as representing the family in respect of a transaction entered into by him as manager of the family or in respect of joint family properties.10. the only question that remains to be considered is whether this rule will apply to a case where the manager does not describe himself as manager ..... plaintiff, that the plaint should state in distinct terms that he is suing as manager, i hold that the present suit can lie.12. order i, rule 9, of the civil procedure code, forbids any suit to be defeated by reason of mis-joinder or non-joinder. this rule was considered by beaman j. in mulji tejsing ..... and the decree passed upon it did not bind them. it was held that the compromise decree was binding on the plaintiffs. in that case, defendant no. 9 was not stated to be the manager, but on the contrary, he had apparently claimed to be the exclusive owner. having regard to these authorities, it ..... record on an objection taken by the defendant after the period of limitation, the suit is not barred. see also madivallappa v. mallappa : (1926)28bomlr711 .9. this is a survey of some of the important cases bearing on the point of the power of a manager in a joint hindu family carrying on an .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-08-1933
Reported in : AIR1934Bom171; (1934)36BOMLR290
..... , specific performance was refused and that as no date for specific performance was fixed in the document, time began to run under article 113 of the indian limitation act from the date when plaintiff no. 2 had notice that performance was refused, that is to say from october 2, 1915. it was, however, ..... , as a consequence, there could be no objection to allowing specific performance to either of the plaintiffs. reference was made i in this connection to the amendment-application made to the district court in 1924. but in this case plaintiff no. 2 has already parted with his interest and plaintiff no. 1, who ..... could not enforce the contract specifically. beaman j. further observed (p. 350):this would then be a case of personal quality mentioned in section 23 of the specific relief act. personal quality need not necessarily be restricted to particular skill or learning but may include anything peculiar to a man or his descendants which ..... parties were dominated by the common sentiment and that there was no intention that the right to buy back should pass to any one outside the family. 10. it will be found on a reference to situl purshad v. luchmi purshad i.l.r. (1883) cal. 30 that their lordships confirmed the decree ..... (b) of the specific relief act. ramesam j., who was the other member of the division bench, had observed (p. 399):the term of 30 years, in my opinion, makes it clear that the option was not intended to be personal. 9. the point to be considered is if the above decision, of .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-06-1933
Reported in : AIR1934Bom467; (1934)36BOMLR983
..... treated as if the single proprietor so trading constituted a firm for the purpose of order xxx, although under the definition of a firm under the indian contract act there can be no firm unless there are at least two partners. if the case of a single proprietor is to be treated as a ..... has applied that if the court is against him on the merits of his contention, it should allow the plaintiffs to amend the plaint. i grant this application. the plaintiffs are given liberty to amend the plaint and proceedings by inserting the name of hemraj shivlal as party defendant in place of the firm laxmandas shivlal ..... such persons were partners at the time of the accruing of the cause of action.' the plaint on that ground should have been rejected.2. on july 10, 1933, the plaintiffs obtained a chamber order (exhibit b) from the prothonotary and senior master ordering that the writ of summons in this case should ..... the nizam of hyderabad and the suit as framed is not maintainable and should be dismissed with costs.3. the plaintiffs' attorneys, by their letter, dated november 9, 1933, (exhibit 2), declined to sign the consent precipe and objected to the new plea being raised at that stage of the proceedings. they intimated that ..... are described as a firm carrying: on business as merchants at parbhani in the territories of h.e.h. the nizam of hyderabad. in paragraph 9 of the plaint they have stated that a material part of the cause of action in this suit has arisen in bombay and that with leave granted .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-09-1933
Reported in : AIR1933All241; 145Ind.Cas.367
..... i think it is clear that the court has no power to grant any further extension. as order 45, rule 7 now stands (after the amendment introduced by act 26 of 1920) the applicant is bound to furnish the security and make the depositwithin 90 days or such further period, not exceeding 60 days, ..... made for the purpose of 'preventing delays' in the making of appeals, i think it would be unreasonable to interpret rule 9 as defeating an attempt on the part of the indian legislature to prevent delays by limiting the discretion of the courts in allowing time for furnishing security and making deposits. it ..... it should be noticed that, in cases in which sufficient cause for nonappearance was not shown and therefore the court was not bound to restore under order 9, rule 9, it had to resort to its inherent power. other high courts held that there was no inherent power where express provision was made: see. gauri ..... the case may so require.20. i may refer, by way of analogy, to what has been held by several high courts in reference to order 9, rule 9, civil p.c., which provides that, where a suit is dismissed in default of plaintiff's appearance, the court 'shall make an order setting aside ..... seems to me that a similar method of interpretation is required to avoid a conflict between order 45 rule 7 and section 148, civil p.c.10. when the statutory .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-14-1933
Reported in : AIR1933All861
..... j., stated:i agree with the respondents' counsel that this is not an agreement for a special oath within the meaning of sections 8 and 9, oaths act i think these sections of the oaths act only snow that such an agreement may be binding on the parties, even though it relates to an oath not ordinarily recognized by ..... legal share in the immovable property entered in list a and in the moveables detailed in list b annexed to the plaint. subsequently the plaint was amended and several deeds of gifts, which the defendants had relied on in the written statement filed in the meantime, were impugned on the ground that the ..... or larger bench for the determination of the following questions and disposal of the case:(1) can the parties to a suit agree, apart from the indian oaths act, that they will abide by the statement of a witness, including one who is a party to the suit and can they 'leave the decision ..... on 19th january 1929, hikayat yar khan was examined as pairokar of the plaintiffs and one of the defendants was examined for the defendants under order 10, rule 1, and eight issues were framed on that date the plaintiffs applied thereafter for the issue of a commission ox commissions for evidence, and ..... question is whether mr. abdur rauf's vakalatnama conferred an authority on him to agree to abide by the statement of any person be deemed fit.10. it has not been argued before us that the vakalatnama executed by the plaintiffs in favour of mr. abdur rauf was not intelligently executed and that .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-29-1933
Reported in : 147Ind.Cas.820
..... rules governing applications for writs of habeas corpus. although there are no special rules regulating the procedure under section 491, there is, however, a general rule made by this high court in exercise of the powers conferred by parliament, letters patent and acts of the indian legislature, which appears to be decisive of the point in issue. rule 8, chapter i of these ..... the nature of a habeas corpus within the limits of their ordinary original civil jurisdiction. in the year 1923 the code was amended and by the amendment all the high courts in india were given power to take action under section 491, within the limits of their appellate criminal jurisdiction. it seems clear, therefore, that the power which we are now being asked ..... any such rule, and in the absence of such special rule we hold that we are bound to give effect to the general rule (rule 8, chapter i) regarding applications.10. under this rule the presentation of this second application, to the same effect and with the same object as the previous application which has been rejected by mr. justice bennet ..... until this high court thinks fit to make special rules expressly permitting the presentation of successive identical applications for a direction under section 491 after previous applications to the same effect and with the same object have been rejected.9. even if we were at liberty to disregard rule 8 of the rules of court, on the ground that it was never .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-09-1933
Reported in : AIR1933Cal759
..... this case sobhachand struck me as an honest man. the plaintiff has set up a case of fraud. he has set up a case under section 236,. contract act, which on my finding, that he knew perfectly well what sobhachand was going to do and what position he was occupying fails. this court does ..... sued as principals upon documents similar or analogous to an indent.16. during the case, the plaintiffs, in order to circumvent the defence, sought to amend by pleading in the alternative that they were agents and therefore notwithstanding any default by the shippers entitled to an indemnity. mr. pugh for the plaintiffs ..... suffered by him in carrying out the transaction. had the commission agent been working on difference in price the result would possibly have been otherwise. i now turn to indian authorities other than holmes wilson & co., ltd. v. bata kristo de : air1927cal668 . these arise out of transactions of two kinds, foreign or indent trade ..... be standing to gain or lose (in the position of c). the same man may have a number of transactions of each kind in one day.10. for the details of the system reference must be made to the evidence of mr. pandit. mr. pandit is naturally proud of the rules of ..... the oral evidence; (c) the contract itself.(a) with regard to the system, i propose merely to give what appear to me to be its principal features.9. the east india jute association, ltd., was founded in 1927. there had been a previous association, which came to an untimely end, but that has no .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-18-1933
Reported in : AIR1934Cal348,150Ind.Cas.124
..... our judgment, a thing for which the public, interested in the endowment, could ask for the removal of the members of the committee under section 14, religious endowments act, 1863.22. the facts relating to what is described as the bag balurt case were referred to for of establishing the charge of wilful ..... the imambarah for delinquency, or suspend or dismiss any of them; but cases of suspension and dismissal had to be reported to the committee. the amendment mentioned above, limiting the mutawalli's power of dismissal, was made on 6th february 1918, before any of the members of the committee defendants in ..... welfare of mankind, including both religious and charitable purposes. religious purposes do not exclude charitable purposes ; and we do not find anything in the indian statutes or in the rule of the mahomedan law, which draws a clear cut distinction between the religious or pious purposes on the one hand, ..... charge was made that the committee had tampered with the voters' list and of their negligence in the matter of regular revision of the same.10. it was also asserted by the plaintiffs that the members of the committee had made their position supreme in the matter of internal administration of ..... wakf properties vested in the mutawalli, and that he alone was competent to sign cheques and that the committee was not competent to sign them.9. we are further unable to agree with the learned judge in his conclusion that the agreements referred to in the written statement in the suit .....
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