Court : Mumbai
Reported in : AIR1932Bom330; (1932)34BOMLR634
Blackwell, J.1. On June 27, 1930, the plaintiffs as the holders for value of bills of lading for 27,398 bags of sugar loaded on a ship owned by defendants No. 1 brought this suit to recover from defendants Nos. 1 and 2 damages in respect of a short delivery of 1078 cwts., 2 quarters and 26 lbs. This short delivery is admitted. The suit was also framed in conversion in respect of certain sweepings. That claim and the issues raised thereon were abandoned at the hearing.2. The pleadings as originally framed were defective on both sides, and I allowed certain amendments both of the plaint and of the points of defence in order that all the matters in dispute between the parties might be properly determined.3. The ship arrived on May 4, 1929, and was completely discharged on May 8, 1929. Having regard to Article 31 of the Indian Limitation Act, the suit against defendants No. 1 was prima facie barred,-the suit not having been brought until June 27, 1930. In order to meet this difficulty the ...
Tag this Judgment!Court : US Supreme Court
Graham & Foster v. Goodcell - 282 U.S. 409 (1931) U.S. Supreme Court Graham & Foster v. Goodcell, 282 U.S. 409 (1931) Graham & Foster v. Goodcell No. 36 Argued December 8, 9, 10, 11, 1930 Decided January 26, 1931 282 U.S. 409 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Section 607 of the Revenue Act of 1928 provides that a tax assessed or paid after the expiration of the period of limitation Page 282 U. S. 410 applicable thereto shall be considered an "overpayment," and shall be credited or refunded to the taxpayer if claim therefor is duly filed. Section 611 enacts a qualification by providing that, in stated circumstances, the payment of the tax shall not be considered an overpayment under the provisions of 607. These circumstances are (a) an assessment of the tax within the time applicable thereto and before June 2, 1924, (b) the filing of a claim in abatement, (c) the stay of the collection of any part of the tax, and (d) the payment ...
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad100; 136Ind.Cas.193; (1931)61MLJ724
Curgenven, J.1. The suit out of which this appeal arises relates to a Company known as the United India Life Assurance Co., Ltd. and the circumstances which gave rise to the dispute are briefly these. The Directorate of the Company is composed of two Policyholders' Directors elected by the policyholders and of a certain number of Shareholders' Directors. The ordinary general meeting for the election of Shareholders' Directors was fixed for the 13th October, 1930. The Articles of Association had contained a provision that the number of Shareholders' Directors should be six, and that two should retire in rotation, their places being filled by election at the meeting. But this number had been by amendment of the articles reduced to five, and it was provided, as a special case, that at the General Meeting of 1930 the six Directors should vacate office and that not more than five should be elected in place of them. At the meeting the 3rd defendant, who was at the time the Chairman of Direct...
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR652
John Beaumont, Kt., C.J.1. In this case the accused was charged with having, on November 9, 1930, edited, printed and published articles entitled 'Helping Outlaws' and 'Cease the Trade' in his paper the Free Press Journal and thereby assisted the War Council of the Bombay Provincial Congress Committee in its operations and thereby committed an offence punishable under Section 17(1) of the Indian Criminal Law Amendment Act, 1908. The accused was convicted in respect of the first article entitled 'Helping Outlaws', which is Exhibit A1 in the case, and from that conviction he appeals, and the Crown has applied for enhancement of the sentence passed. He was acquitted in respect of the other article entitled 'Cease the Trade', which is Ex, A2, and from that acquittal the Government appeal.2. Upon the first appeal the prosecution have to prove, I think, three things. First of all, that the War Council, which is the association alleged to be unlawful and alleged to have been assisted, is in f...
Tag this Judgment!Court : US Supreme Court
Coolidge v. Long - 282 U.S. 582 (1931) U.S. Supreme Court Coolidge v. Long, 282 U.S. 582 (1931) Coolidge v. Long Nos. 33 and 34 Argued December 8, 1930 Decided February 24, 1931 282 U.S. 582 APPEAL FROM THE PROBATE COURT OF NORFOLK COUNTY, MASSACHUSETTS Syllabus By voluntary deeds of trust, a husband and wife transferred real and personal property, owned by them severally in certain proportions, to trustees, in trust to pay the income in those proportions to the settlors during their joint lives and then the entire income to the survivor of them, and upon the death of the survivor to divide the principal equally among the settlors' five sons, provided that, if any of the sons should predecease the survivor of the settlors, the share of that son should go to those entitled to take his intestate property under the statute of distribution in force at the death of such survivor. The deeds reserved no power of revocation, modification, or termination prior to the death of the su...
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR675
Madgavkar, J. 1. This application raises a question of some importance under Section 526 of the Code of Criminal Procedure. On September 25, 1930, a disturbance took place at Chirner, thirteen miles from Panvel, forty-seven accused were sent up before the Magistrate, and on January 31, 1931, were committed by him for trial before the Sessions Court of Thana under Sections 120B(1), 147, 148, 149, 224, 302, 332, 379, and 395 of the Indian Penal Code. The trial would have taken place at Thana with a jury.2. On February 12, 1931, the following notification, No. 8252-2 dated February 5, 1931, was published in the Bombay Government Gazette-Under Section 193(2) of the Code of Criminal Procedure, 1898 (V of 1898), the Governor in Council is pleased to direct that Mr. N.R. Gundil, LL.B., Assistant Judge and Additional Sessions Judge, Thana, shall try the case known as the Chirner Riot Case, which has been committed to the Sessions by Mr. R.R. Sonalkar, a Magistrate of the First Class in the dis...
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad729
Reilly, J. 1. The appellants in this case, who are father and son, were adjudged insolvent on their own petition in 1919. Eventually, when their estate was realized, it was found to leave a large surplus after all the creditors who had proved their debts had been paid off under Section 61 (5), Provincial Insolvency Act. The respondent here, who was one of the creditors, applied to the District Judge for a further amount out of the surplus representing the balance due to him if interest on his claims, which were two, was calculated at the contract rate from the date of adjudication. The District Judge did not allow this subsequent claim in full. There were two debts due to the respondent, on one of which the contract rate was 48 per cent and on the other 19 per cent. The learned District Judge allowed 18 per cent on each debt from the date of the contract to the date of payment. The insolvents appeal against that order.2. The answer to the question to what amount is the creditor entitle...
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR1006
George Lowndes, J.1. These are two consolidated appeals from a decision of the High Court of Bengal arising out of certain land acquisition proceedings taken lor the purposes of the Calcutta Improvement Act (Bengal V of 1911).2. The property in question belonged to the Hindustan Co-operative Insurance Society, Ltd., (hereinafter referred to as the Society), and the questions sought to be raised by the appeals are as to the compensation to bo awarded. Neither party was satisfied with the High Court's decision. The Secretary of State applied for a certificate enabling an appeal to His Majesty in Council. The Society objected that no appeal lay, but asked in effect that if a certificate were granted to the Secretary of State, a certificate should also be granted to them. The High Court granted certificates to both parties. The appeals were duly admitted and are before the Board for determination. The Society contend, as they did in the High Court, that no appeal is competent, and this que...
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad8
1. Defendant 1 is the appellant. This second appeal arises out of a suit instituted by the plaintiff to recover possession of the suit property after the removal of the house standing on it. The appellant obtained the property, which was a vacant site, on lease for erecting a house for residential purposes. Under the lease-deed (Ex. H) her agreed to remove the house at his own expense whenever required by trie owner He now claims that before he is ejected he is entitled to be paid the value of the house under the Malabar Tenants' Improvements Act (Act 1 of 1900). It is conceded the 'house'falls within the meaning of the term 'improvement'as defined in the Act and that if the Act applies, the undertaking to remove it cannot be enforced as it offends against the provisions of Section 19 of the Act. The learned District Judge disallowed the Compensation for the house on the ground that the lease, being not an agricultural one, is governed by the Transfer of Property Act and not by the Mal...
Tag this Judgment!Court : Chennai
Reported in : (1931)61MLJ462
1. The 1st defendant is the appellant. This second appeal arises out of a suit instituted by the plaintiff to recover possession of the suit property after the removal of the house standing on it. The appellant obtained the property, which was a vacant site, on lease for erecting a house for residential purposes. Under the lease deed (Ex. H) he agreed to remove the house at his own expense whenever required by the owner. He now claims that before he is ejected he is entitled to be paid the value of the house under the Malabar Tenants' Improvements Act (I of 1900). It is conceded the 'house' falls within the meaning of the term 'improvement' as defined in the Act and, that if the Act applies, the undertaking to remove it cannot be enforced as it offends against the provisions of Section 19 of the Act. The learned District Judge disallowed the compensation for the house on the ground that the lease, being not an agricultural one, is governed by the Transfer of Property Act and not by the...
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