Court : Mumbai
Decided on : Feb-21-1935
Reported in : (1935)37BOMLR544
..... incorporated in japan, 554, merchant street, rangoon, represented by their manager mr. t, saito ... appellant (plaintiff). versusdawsons bank ltd., a public company incorporated under the indian companies act having its head office at pyapon by its secretary hugh dawson... respondents (2nd & 3rd defendants).36. by its operative part it provides for a decree 'against the ..... january 4, 1933, a memorandum of appeal was presented by the plaintiffs and an application was made by them praying that the cause title might be amended. this was acceded to by an order of the high court, and the title of the proceedings on the hearing of the appeal disclosed the japanese ..... settled on september 29, 1930. subsequently the bank went into voluntary liquidation, and mr. laurence dawson and mr. heaton were appointed liquidators. thereupon the plaint was amended by striking out the name of the bank as second defendant, and inserting the name of mr. laurence dawson as second defendant and the name of mr. .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-04-1935
Reported in : AIR1935Bom385; (1935)37BOMLR642; 159Ind.Cas.533
..... no such argument has been addressed to me.12. i will consider first the substantial rights of the parties, dependent mainly upon the legislative directions in the indian succession act, laying down the manner in which the estates of deceased persons shall be administered. it will then be necessary to consider certain adjectival difficulties.13. the ..... be.11. the assets of the estate have thus been gradually depreciating, and its liabilities have been gathering force by accumulations of interest and other charges. the indian succession act, section 323 (to which i shall refer more fully), provides for an equal and rateable payment of the creditors : no creditor who has been paid off ..... treating a creditor's action against a deceased person's estate as an administration suit and insisting upon the amendment of the plaint in such a suit on that basis. where the plaintiff is not willing to amend, the court if it finds the claim proved, should pass a decree simply giving him a declaration of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1935
Reported in : AIR1935Bom347; 158Ind.Cas.151
..... in legislative council and the local legislature respectively the power to enact (future laws for their respective territories. then the question is what is the effect of the amending act of 1916. in my opinion the effect is to validate the laws already made by a local legislature in the past to the same extent as in the case ..... words so-permit, has no application. now the position of the section is of some consequence. it comes at the end of part 6 of the act, which is entitled 'indian legislation', and the power of the governor-general to legislate so as to affect the prerogative of the crown is not inserted amongst his general legislative powers conferred ..... by reason only that the same affects any prerogative of the crown, but that saving provision does not extend to the act of any local legislature. a similar provision is to be found in section 24, indian councils act, 1861. there is therefore undoubtedly force in the contention of the advocate-general that in the year 1888 the local .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1935
Reported in : (1935)37BOMLR499; 158Ind.Cas.824
..... in legislative council and the local legislature respectively the power to enact future laws for their respective territories. then the question is what is the effect of the amending act of 1916 in my opinion, the effect is to validate the laws already made by a local legislature in the past to the same extent as in the ..... the words so permit, has no application. now the-position of the section is of some consequence. it comes at the end of part vi of the act, which is entitled 'indian legislation', and the power of the governor general to legislate so as to affect the prerogative of the crown is. not inserted amongst his general legislative powers ..... reason only that the same affects any prerogative of the crown, but. that saving -provision does not extend to the act of any local legislature. a similar provision is to be found in section 24 of the indian councils act, 1861. there is, therefore, undoubtedly force in the contention of the advocate general that in the year 1888 the local .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-01-1935
Reported in : (1937)39BOMLR502
..... sayyad muhammad. but the witness spoke not of his own knowledge but of what he had heard, and objections were rightly taken to the relevance of his proffered evidence : indian evidence act, section 32, sub-section (4), and section 49.4. ultimately for the reasons that i am about to state i considered it best to stop further evidence of ..... in support of such allegations, the general hanafi law as expounded in the recognized texts must prevail.43. i suggested to the plaintiffs' counsel, moreover, that if any amendment to the plaint was sought as a preliminary to reliance upon special custom or usage, or upon any alteration of the general hanafi law in regard to the subject-matter ..... made to form part of the pleadings. i, therefore, desired that the texts that were alluded to should be produced, and promised to consider sympathetically any application for amendment of the plaint. but no texts were produced nor any references given. nothing definite was stated on the subject. no application for .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-01-1935
Reported in : (1935)37BOMLR955
..... had not led to judicial proceedings. where, as in this case, there has been not only a suit but a decree before the date of the amending act the learned counsel asks us to hold that it cannot be presumed to be the intention of the legislature to interfere with the rights of the parties. ..... was not a ' company ' within the meaning of the land acquisition act. a 'company' is denned in section 3 (e) of that act-the expression company means a company registered under the indian companies act, 1882, ... and includes a society registered under the societies registration act, 1860, and a registered society within the meaning of the co-operative ..... societies act, 1912.the learned subordinate judge has, as i have said, .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-25-1935
Reported in : AIR1936Bom408; (1936)38BOMLR823; 165Ind.Cas.994
..... in aid of the statutory remedy. in stevens v. chown; stevens v. clark [1901] 1 ch. 894, which was a case under the sidmouth market act of 1839 as amended by the sidmouth market act of 1846, it was held by farwell j. that, where a statute provided a particular remedy for the infringement of a right to property thereby created, an ..... payment of money, which incidentally is no longer called a penalty, but also in the alternative for damages and injunction. the same provision is made under section 53 of the indian act of 1911. as section 53 makes up a self-contained code, it would be arguable whether by electing to claim payment of the sum of rs. 1,000, and ..... payment of the sum of money mentioned in it, and the other by way of damages and injunction.4. it is clear that the provisions of section 53 of the indian act apply to the two suits filed by the plaintiffs against the defendants. the questions which arise for consideration are : (1) are the plaintiffs bound to elect their remedy?, (2) .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-08-1935
Reported in : AIR1936Bom88; (1936)38BOMLR34
..... agreement, it would, in my opinion, have not been open to defendant no. 1 to give such evidence, having regard to proviso (4) to section 92 of the indian evidence act, inasmuch as it would amount, in my opinion, clearly to a subsequent oral agreement to rescind or modify a contract, grant or disposition of property, where the contract, grant ..... action into two actions by different plaintiffs against different defendants, and, in my opinion, we are not justified in doing that. i think, therefore, that the leave to amend must be refused, and that being so, it is not necessary or proper in this suit to consider what the rights may be as between plaintiff no. 6 and defendant ..... one other point to be noticed, namely, that one of the plaintiffs, no. 6, is the original covenantee under the lease , and he has applied for leave to amend the plaint by submitting, first, that the benefit of the covenant for payment of rent was transferred to and became vested in the original six plaintiffs; and then by .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-26-1935
Reported in : AIR1936Bom172; (1936)38BOMLR164
..... and then kills it cannot be punished separately for the offences of theft and mischief. no reasons are given in the judgment for this view, and in view of the amendment of section 35, criminal procedure code, which has been pointed out by the learned government pleader, it is no longer binding on us.13. the question we have to decide ..... has been taken in emperor v. ramla ratanji is not correct and that, at any rate, that decision has ceased to have force after section 35 of the criminal procedure code was amended in 1923 by deleting the word ' distinct' between the words 'two or more' and ' offences.' in the above case, no reasons are given for holding that a ..... the property, whether it is one's own, or somebody else's. it seems to me, therefore, on the wording of sections 378 and 425, indian penal code, that these two acts are distinct offences and that the intention to cause wrongful loss by the destruction of property is different from the intention to cause wrongful loss by its mere .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-27-1935
Reported in : AIR1936Bom301; (1936)38BOMLR593
..... courts to decide disputes between persons claiming to be watandars inter se, as to their status in the watan family. section 36 of the bombay hereditary offices act, both before and after its amendment in 1910, contemplates a decree of a civil court as a matter which has to be taken into consideration by the collector in determining whose name has ..... him, viz. the period for a suit for a declaration that the decree did not bind him, would be six years from 1920, under article 120 of the indian limitation act. i may also point out that it seems to of at least doubtful whether this particular compromise could be said to amount to an alienation within the meaning of ..... declaration, i do not consider that there is any bar of limitation. it was suggested that the plaintiff ought to have brought a suit under article 14 of the indian limitation act to set aside the order of the revenue authorities within a year of the government resolution of 1926. but, in my opinion, this is not really a suit to .....
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