Court : Mumbai
Reported in : AIR1934Bom299; (1934)36BOMLR658
Murphy, J.1. The question raised in these two civil revision applications is, whether the appointment in writing required to be given to an advocate to act and plead for a client in the Small Causes Court, requires a revenue stamp of Re. 1 or not, and the answer depends on the further question of, whether such a document is a power-of-attorney, or not.2. The facts on which these applications are based were, that on November 30, 1931, Mr. Hormusji K. Bhabha's advocate, Mr. Sorab B. Dadyburjor, made an application to the Registrar of the Small Causes Court to institute a suit for rent due-Rs. 24-from one of Mr. Bhabha's tenants. The application was in order, except that it was not signed by Mr. Bhabha as it might have been, but by Mr. Dadyburjor purporting to act for him, on the strength of what is called in our Courts a vakalatnama, Which was unstamped.3. It appears that, on November 7, 1931, what is Order III, Rule 4, of the Civil Procedure Code, was applied by the High Court to the Sm...
Tag this Judgment!Court : US Supreme Court
Texas & Pacific Railway Co. v. Pottorff - 291 U.S. 245 (1934) U.S. Supreme Court Texas & Pacific Railway Co. v. Pottorff, 291 U.S. 245 (1934) Texas & Pacific Railway Co. v. Pottorff No. 12 Argued December 7, 1933 Decided February 5, 1934 291 U.S. 245 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus l. A national bank has no power to pledge its assets to secure private deposit. P. 291 U. S. 253 . 2. Such pledges are neither customary nor necessary in the business of such banks, and are inconsistent with provisions of the National Banking Act designed to secure uniform treatment of depositors and ratable distribution of assets in case of disaster. Pp. 291 U. S. 254 -255. 3. The Acts of Congress authorizing national banks to give security for deposits of specified public funds do not impart or imply power to pledge assets to secure private deposits. P. 291 U. S. 257 . 4. The contention that, since the relation of bank to depositor is that of d...
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All798
Bennet, J.1. This is a first appeal brought by the plaintiff whose suit has been dismissed by the Court of first instance, the District Judge of Morabadad. The plaintiff sued on the ground that he was in possession of a certificate granted by the Controller of Designs dated 17th August 1929, certifying that a Design No. 43516 had been registered in respect of the application of such design to trays of brass or other suitable metal under the Patents and Designs Act of 1911. The photograph which is attached shows a large brass tray and the agents for the applicant specified the novelty by stating: 'The novelty of the design lies in the grooves along the sides of the tray.' The plaint set forth that the defendants had also begun to manufacture big trays of this design and that the plaintiff had given them a notice, but that they paid no heed. Para. 5 of the plaint stated:According to the certificate granted by the Controller of Designs the plaintiff alone is entitled to manufacture big tr...
Tag this Judgment!Court : Allahabad
Reported in : 153Ind.Cas.214
1. This is a first appeal brought by the plaintiff whose suit has been dismissed by the Court of first instance, the District Judge of Moradabad. The plaintiff sued on the ground that he was in possession of a certificate granted by the Controller of designs, dated August 17,1929, certifying that a design No. 43516 had been registered in respect of the application of such design to trays of brass or other suitable metal under the Indian Patents and Designs Act of 1911. The photograph which is attached shows a large brass tray and the agents for the applicant specified the novelty by stating: 'The novelty of the design lies in the grooves along the sides of the tray'. The plaint set forth that the defendants had also begun to manufacture big trays of this design and that, the plaintiff had given them a notice but that they paid no heed. Paragraph 5 of the plaint stated:According to the certificate granted by the Controller of Design the plaintiff alone is entitled to manufacture big tra...
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom434; (1934)36BOMLR761
Divatia, J.1. These four companion appeals have been filed by the Secretary of State for India in Council, who was the principal defendant in each suit, and the original plaintiff is the principal respondent in each appeal. The plaintiff is the khot or lessee to whose ancestor the village of Mahul, situated in Trombay in the island of Salsette, forming part of the district of Thana, had been granted by the British Government, part in inam and the remainder in permanent khoti, i. e., lease subject to certain conditions stated in a sanad or a kowl dated April 20, 1831. It is this document which is the most important one in all the appeals, the decision of which mainly turns on the construction of its terms. Of these four appeals, First Appeals Nos. 137 and 139 of 1927 arise from two suits filed in 1922 by the plaintiff for a declaration that he was entitled to take royalty in respect of removal of earth, stone, murum and cutting of teak trees in certain lands of the village in virtue of ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal580,150Ind.Cas.561
Mukerji, J.1. On receipt of some information an Excise Inspector with a raiding party went to a certain place and on making a search there seized a bundle which was found to contain seven seers of opium valued at Rs. 1,050. He arrested three persons one of whom was one Amin Shariff (appellant in appeal No. 262), and another, one Jahabir Singh (Appellant in appeal No. 379), both of whom have been convicted by the Chief Presidency Magistrate of Calcutta under Section 9, Opium Act (l of 1878). These two men are said to have made confessions to the Excise Inspector. At the hearing of the appeals which the accused persons have preferred to this Court, a question having arisen as to whether the said confessions are admissible in law, in view of the provisions of Section 25, Evidence Act, the Division Bench which was dealing with the appeals, has made this reference.2. The question referred runs in these words:Is an Excise officer, who, in the conduct of investigation of an offence against th...
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom385; (1934)36BOMLR814; 153Ind.Cas.800
John Beaumont, Kt., C.J.1. The plaintiff in this suit, a minor suing by the Deputy Nazir as guardian, sued on a promissory note made in the year 1919 by the defendant in favour of the plaintiff's father, the suit being in the Court of the First Class Joint Subordinate Judge, Dharwar. The learned Subordinate Judge raised an issue as to whether the plaintiff was competent to file the suit, and he answered that issue in the affirmative. The defendant appealed, and on appeal, this Court took the view that inasmuch as the promissory note on which the plaintiff sued was given to the father, the plaintiff could not sue upon it in his own right and could only sue upon it as manager of the joint family, or as heir of his father, if it were proved that the father had renounced the world. Accordingly, an issue was sent down to the lower Court to determine, whether the plaintiff's father had renounced the world. With all respect, the issue should have been directed to the date on which this suit w...
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All626; 150Ind.Cas.1096
Sulaiman C.J.1. This is a plaintiffs' appeal arising out of an application for restitution and compensation under Section 144, Civil P.C. Suraj Narain Pal took a perpetual lease from the zamindar of sir lands measuring 35 bighas odd and obtained possession. The lessee's rights were subsequently sold to Sitladin and Bal Gobind, defendants-respondents. Later on the zamindar sold his rights to Jagarnath and others, the plaintiffs-appellants. A suit was brought for. recovery of possession by avoiding this lease and it was first decreed by the first Court on 21st January 1925. The plaintiffs, immediately thereafter obtained delivery of possession of the property on 5th March 1925. The defendants appealed to the lower appellate Court which allowed the appeal and dismissed the suit on 17th February 1926. Two in fructuous applications for redelivery of possession were made and were struck off. On 5th March 1925, the plaintiffs obtained delivery of possession of the lands from the defendants. T...
Tag this Judgment!Court : Privy Council
Sir Sidney Rowlatt: The question in this case, as it finally came before the High Court of Judicature at Bombay is whether the appellants, who are a body of trustees incorporated by an Act of the Indian Legislature, are liable to be assessed to income-tax and super-tax (which in this respect stand upon the same footing) in respect of the income of the trust or whether as regards the whole or any part of it they are not so liable on the ground that they are not beneficially interested. Certain complications, arising out of previous practice, which affected the case in its earlier stages, were got rid of by arrangement and need not now be noticed. The question so propounded was answered in the affirmative by the High Court in a judgment dated 18th August 1931. This is an appeal by the trustees, an incorporated body. The Act incorporating them (Act No. 4 of 1913) is described in its title as an Act for settling certain properties belonging to Sir Currimbhoy Ebrahim, Baronet, so as to acco...
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR557
Sidney Rowlatt, J.1. The question in this case, as it finally came before the High Court of Judicature at Bombay, is whether the appellants, who are a body of trustees incorporated by an Act of the Indian Legislature, are liable to be assessed to income-tax and super-tax (which in this respect stand upon the same footing) in respect of the income of the trust or whether as regards the whole or any part of it they are not so liable on the ground that they are not beneficially interested. Certain complications, arising out of previous practice, which affected the case in its earlier stages, were got rid of by arrangement and need not now be noticed. The question so propounded was answered in the affirmative by the High Court in a judgment dated August 18, 1931. This is an appeal by the trustees, an incorporated body.2. The Act incorporating them (Act IV of 1913) is described in its title as an Act for settling certain properties belonging to Sir Currimbhoy Ebrahim, Baronet, so as to acco...
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