Court : Chennai
Decided on : Sep-04-1930
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 : Allahabad
Decided on : Jan-13-1930
Reported in : AIR1930All661
1. Parties to this action are dealers in grain in Mandavi Faizaganj in the city of Meerut. On Jeth Badi 12, Sambat 1982 corresponding to 19th May 1925, the plaintiff-appellant purchased from the defendant-respondent a khatti or grain pit situate in Ahata Sri Ram. The bargain was struck about the purchase of 504 maunds of wheat at the rate of Rs. 5-9-3 per maund. A quarter of the purchase money, Rs. 748-9-6, was paid by way of earnest money. It was a term of the contract that the balance of the purchase money, namely Rs. 2,100,. was to be paid by the plaintiff to the defendant later upto Phagun Sudi 5, 17th February 1926 in accordance with the custom of the trade which prevailed in the Faizganj market.2. The terms of the contract were reduced to writing and were embodied in two separate documents in printed forms exchanged between the parties. These documents have the curious name of langot. The etymology of the word is not known, but the langot appears to possess the incidents of bough...
Tag this Judgment!Court : Allahabad
Decided on : Jan-13-1930
Reported in : 125Ind.Cas.453
1. Parties to this action are dealers in grain in Mandavi Faizganj in the City of Meerut. On Jeth Badi 12, Sambat 1982 corresponding to the 19h of May, 1925, the plaintiff-appellant purchased from the defendant-respondent a khatti or grain pit situate in Ahata Sri Ram. The bargain struck about the purchase of 504 maunds of wheat at the rate of Rs. 5-9-3 per mauud. A quarter of the purchase-money, namely, Rs. 748-9 5 was paid by way of earnest money, It was a term of the contract that the balance of the purchase-money, namely, Rs. 2,100 was to be paid by the plaintiff to the defendant later up to Phagun Sudi 5, 17th of February, 1926, in accordance with the cu stom of the trade which prevailed in the Faizganj market. The terms of the contract were reduced to writing and were embodied in two separate documents in printed forms exchange between the parties. These documents have been the curious name of langot. The etymology of the word is not known but the langot appears to possess the in...
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-1930
Reported in : AIR1930All225
1. One Basdeonand Gir obtained leave to appeal to the Privy Council and on the due date deposited a sum of Rs. 4,000 as security for costs and a further sum for printing charges.2. On 2nd November 1927 Mr. Newal Kishore, who was the legal practitioner for Shankernand Gir the respondent to the Privy Council appeal, drafted an application to the Court of the Subordinate Judge at Allahabad in which he prayed that the cash certificates for Rs. 4,000-12-0 and a sum of Rs. 798-11-0 for printing charges, which had been paid into the High Court by the appellant, might be attached:and the amount of the decree may be so far as possible satisfied by attachment thereof.3. The application came before Sudeshar Maitra on 4th February 1928. His order was a short one and may be given in full.The items objected to relate to the printing charges and security furnished by the defendant objector in connexion with his appeal to His Majesty in Council. The decree-holder is anxious to lay his hands on these i...
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-1930
Reported in : 125Ind.Cas.477
Grimwood Mears, C.J., Boys and Young, JJ.1. One Basudevanand Gir obtained leave to appeal to the Privy Council and on the due date deposited a sum of Rs, 4,000 as security for costs and a further sum for printing charges.2. On the 2nd of November, 1927, Mr. Newal Kishore, who was the legal practitioner for Shantanand Gir, the respondent to the Privy Council appeal, drafted an application to the Court of the Subordinate Judge at Allahabad in which he prayed that the cash certificates for Rs. 4,000-12-0 and a sum of Rs. 798 110 for printing charges, which had been paid into the High Court by the appellant, might be attached and the amount of the decree may be so far as possible satisfied by attachment thereof. The application came before Mr. Sudeshar Maitra on the 4th of February, 1928. His order was a short one and may be given in full:The items objected to relate to the printing charges and security furnished by the defendant-objector in connection with his appeal to His Majesty in Cou...
Tag this Judgment!Court : Kolkata
Decided on : Feb-12-1930
Reported in : AIR1931Cal193
Rankin, C.J. 1. This is a reference under Section 57, Stamp Act of 1899, made by the Board of Revenue, Bengal, pursuant to an order made by my learned brother Panckridge, J. The question is as to the amount of duty to be charged upon a conveyance, dated 13th December 1928 whereby the applicant U.K. Janardhan Rao bought from Rama Raju Hanumantha Rao certain immovable property known as 16, Ramesh Mitter Road, in Calcutta. The case stated does not set out the facts at all clearly but the following facts are not in dispute:2. On 23rd May 1923 a certain man called Biswas and his wife executed a mortgage over this property to a lady of the name of Hemlata for Rs. 15,000 with certain interest. The property at that time may have belonged to Biswas or to his wife, or to both, or to neither; the mortgage may or may not have been a mortgage according to the true construction whereof the mortgagors, or either of them, became personally liable to repay the loan. In 1925, Rama Raju, in execution of ...
Tag this Judgment!Court : Mumbai
Decided on : Feb-25-1930
Reported in : AIR1930Bom511; (1930)32BOMLR1178
Baker, J.1. A preliminary point has been taken on behalf of the defendants that the plaint is not properly signed, inasmuch as it was signed by a person holding not a general power of attorney but a special power of attorney given by the plaintiff for the purposes of this particular suit. The case is governed by Order III, Rule 2, and the rule in the Civil Procedure Code on that point has been modified by the rules of this Court which will be found at p. 1215 of Mulla's Code of Civil Procedure. The persons who, under Order VI, Rule 14, are held to be duly authorised by a party unable to sign the plaint himself, are, under the rules of this Court made under Section 122, ' persons holding general powers of attorney from parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, the application or act is made or done, authorising them to make and do such appearances, applications and acts on behalf of such parties.' The plaintiff in t...
Tag this Judgment!Court : Chennai
Decided on : Feb-28-1930
Reported in : AIR1930Mad956; (1930)59MLJ596
Ramesam, J.1. These appeals arise out of a suit, C.S. No. 300 of 1927, filed by one Namberumal Chettiar against four defendants. The 1st defendant is Veeraperumal Pillai, nephew and executor of the estate of P. Appasami Pillai, who died on the 4th of October, 1921. The 2nd defendant is Kanthammal, the illegitimate daughter of Appasami Pillai. The 3rd defendant is the Official Assignee in whom the property of the 1st defendant is now vested on account of insolvency. The 4th defendant is Mr. S. G. Satagopa Mudaliar, an Advocate of this Court, who was in 1923 the Receiver of another estate which was the subject of a litigation and who in the capacity of such Receiver advanced a loan of 2 1/2 lakhs to the 1st defendant-executor on a deed of mortgage, dated the 10th of April, 1923; and he is impleaded in this suit as such mortgagee.2. The suit was for the administration of the estate of the deceased Appasami Pillai and for the recovery of the balance of legacy of Rs. 15,000 with further int...
Tag this Judgment!Court : Mumbai
Decided on : Apr-01-1930
Reported in : AIR1930Bom424; (1930)32BOMLR1035
Shingne, J.1. This is a suit to recover a debt due on two promissory notes Exhibits 54 and 56, executed by defendant No. 3 in his personal capacity. The promissory note Exhibit 54 dated June 3, 1925, was executed by defendant No. 3 in favour of plaintiff No. 1 alone and the promissory note Exhibit 56 dated July 81, 1925, was executed by defendant No. 3 in favour of plaintiffs Nos. 1 and 2. There is evidence to show that the dealings of both the plaintiffs are joint and the Court of first instance has found that both the plaintiffs are jointly interested in the two promissory notes in suit. This finding is not challenged by respondent's pleader. Exhibit 54 was for a sum of Rs. 5|200 due under an account and Exhibit 56 was for a sum of Rs. 300. Out of this sum of Rs. 300 a sum of Rs. 100 is stated to have been borrowed on June 7, 1925.2. Five persons were impleaded as defendants one of whom, , viz., defendant No. 5, is a minor. Defendants Nos. 1 to 4 are full brothers and defendant No. 5...
Tag this Judgment!Court : Mumbai
Decided on : Apr-01-1930
Reported in : (1930)32BOMLR1527
Lancelot Sanderson, J.1. The first appeal is by the plaintiffs in the suit, and the cross-appeal is by the second defendant, Vidya Narasinh Bharati Guru.2. The plaintiffs brought the suit in the Court of the Subordinate Judge at Satara, as successors in-title to one Balaji Narayan Natu, who was the mortgagee under certain mortgage deeds specified in the plaint, and executed between the years 1840 and 1844.3. The mortgages were made by Vidya Shankar Bharati, who is deceased.4. The first and second defendants were rival claimants to the office of Jagad Guru of the Sankeshwar and Karvir Math, and each of them claimed to be the sole successor of the mortgagor.5. Respondent No. 1 is the legal representative of defendant No. 1.6. The cross-appeal presented by defendant No. 2 is with reference to mortgaged properties situate in Kolhapur district and is based upon the allegation that the Satara Court had no jurisdiction to entertain the suit with regard to the said properties in Kolhapur, whic...
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