Court : Mumbai
Reported in : (1929)31BOMLR426
..... the agreement and the plaintiffs themselves are suing under it for the price. thus, in jureidini v. national british and irish millers insurance company, limited [1915] a.c. 499 the contract was repudiated and with it the arbitration clause. in the later case of stebbing ..... v. liverpool and london and globe insurance company limited [1917] 2 k.b. 433 the company relied on a term in the contract to avoid liability and it was ..... hold that the fact that the plaintiffs put an end to the contract does not avoid the effect of clause 12 of the contract.4. then mr. taraporewala argues that as the plaintiffs are in bombay and the defendants in karachi the arbitrators might not agree on a ..... lordship, after setting out the facts of the case, proceeded] the relief under section 19 of the indian arbitration act is one within the discretion of the court and it lies on the plaintiffs to show why the matter should not .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom331; (1930)32BOMLR207
..... the purpose of compelling the principal debtor for whom he is surety to pay in the money, and deliver him from the obligation.10. in british union and national insurance company v. rawson [1916] 2 ch. 476 the plaintiff company had recovered judgment against a married woman in respect of unpaid calls on shares against which the ..... (a) of the plaint asks for a declaratory decree. for a declaratory decree to be maintained it must fall within the provisions of section 42 of the specific belief act. that section provides that any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or ..... been furnished with particulars of the plaintiff's claim. prayer (6) of the plaint may be taken, therefore, to stand for a claim for rs. 866-11-4, costs of the execution proceedings against the plaintiff and the costs of certain third party notice proceedings instituted between the plaintiff and the defendant, and the plaintiff's costs .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom306; (1930)32BOMLR64
..... to seize the car, the property was in the plaintiff, and the defendants had no right to deprive him of the same. the defendants cancelled the said insurance policy without any reference to the plaintiff. such cancellation was wrongful as the property in the car was in the plaintiff in spite of the seizure, and the ..... instalments already paid. plaintiff contends that these clauses are penal, or ' stipulations by way of penalty,' to use the language of section 74 of the indian contract act. the defendants contend that the said section has no application, because they are not claiming any damages against the plaintiff for breach of contract. defendants are, however, ..... to accept the same, or to redeliver the car. correspondence ensued between the parties, and the ear was eventually sold by the defendants on december 11, 1924.4. it is the plaintiff's contention that on a true construction and interpretation of the terms of the said agreement, notwithstanding the language used, he was the .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR1271
..... in clandestinely purchasing by putting forward somebody else as the purchaser, and to enable the court to place the ostensible purchaser in possession of what it had sold, and insure respect to that possession by enacting that any suit brought against him on the ground of benami shall be dismissed. it was held that article 66 must be construed ..... illegal. the case of kumara v. srinivasa i.l.r. (1887) mad. 213 does not apply to the facts of the present case. in that case the defendant acted benami in buying land at a court sale for the plaintiff, paid part of the purchase money for the plaintiff, and allowed him to remain in possession on the understanding ..... for time and though time was given him for filing the written statement, he did not put in his written statement nor did he appear in the witness box.4. the learned subordinate judge held that the present suit was barred under section 66 of the civil procedure code. he came to the conclusion that literally speaking the purchase in question .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom213; (1930)32BOMLR272
..... be followed to decide the point. the trial judge was bound to follow them (see the observations of turner l. j. in peruvian railways co. v. thames and mersey marine insurance co.: in re peruvian railways co. (1867) l.r. 2 ch. app. 617 and the judgment of our appeal court in mercantile bank v. mascarenhas : air1928bom407 these ..... contract. from that decision the plaintiff prefers the present appeal and he asks us to say that the amount of deposit comes within section 74 of the indian contract act and that, under the circumstances of the case and having regard to the severe nature of the conditions of sale, the court should deal equitably in the matter ..... had committed breach of the contract, but, whilst treating the amount of deposit as a penalty under section 74 of the indian contract act, he came to the conclusion that the amount of deposit, rs. 4,300, was not an unreasonable amount of compensation to be awarded to the vendor under that section. he saw no distinction between the case .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom203; (1930)32BOMLR443
..... viz., that of a selling agent, i may refer to the case of in re english and scottish marine insurance company : ex parts maclure (1870) 5 ch. app. 737. there a person entered into an agreement with an insurance company to act as their agent for five years, and to transact no other business except for the company, in consideration of ..... of express words, imply a terra that the subject-matter shall be kept in existence merely in order to provide the subordinate or accessory benefit to the other party ; (4) but that where there is an express term requiring the continuance of the principal subject-matter, or giving the plaintiff a right to a continuing benefit, the courts will ..... accordingly damages ought to be calculated not for a mere period ending in december 1927, but for a period commensurate with the expectation of the lives of these two parties.4. i will take that point first. now turning to the contract, ex. al, it is in the form of a letter addressed by the plaintiff to the ' .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom572; (1930)32BOMLR232
..... of trust, negligence and misfeasance resulting in the loss to the bank. in city equitable fire insurance co., in re, it was held that, in discharging his duties, a director must act honestly, and must exercise such degree of skill and diligence, as would amount to the reasonable ..... to august 31, 1914. it appears from exhibit 62 that the total amount of debts due to the bank was rs. 3,67,209-4-5 which consisted of rs. 2,24,271-0-7 as debts considered good for which the bank held securities, and ks. 1, ..... 2. it appears from exhibit 72 at page 185 that between march 1910 and february 1911, within a space of twelve months, rs. 4,08,663-13-0 were advanced to this bogus company. the appellant as the director of the bank ought to have enquired of the ..... which i have had the advantage of reading, and also in the judgment of the court below. i, therefore, need not detail them.4. essential dates to bear in mind are that the bank was registered in 1903 and that it was not till 1913 that any apparent .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR1451
..... to the document: baker v. yorkshire fire and life, assurance co. [1892] 1 q.b. 144.15. the latter was an action upon an insurance policy which had been executed by the insurance company but not by the assured. the assured brought an action against the company on the policy and an application was made to stay the suit upon ..... , however, having regard to the authorities to which i have referred, i am not satisfied that this is the meaning of the expression 'written agreement' within section 4 of the act. i have come to the conclusion that, provided it appears clear from any document or documents that the parties are willing to do business upon certain terms which have ..... in respect of ready transactions whether the submission was in writing or not. he, however, contends that that is not the proper meaning to be attributed to section 4 of the act. as i have already indicated, i am unable to agree with him and i hold that the arbitrators had jurisdiction even if the submission was not in writing. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom529; (1930)32BOMLR1065
..... v. jal : air1924bom41 , where he disagreed with what was stated by sir francis maclean in brij coomaree v. salamander fire insurance company ilr (1905) cal. 816, and thought that the provisions of the indian contract act must give way to the express intention of the parties. this view is supported to some degree by the decision of mr. ..... . we think there must be three sets of costs., namely, one for respondents nos. 1 and 2, the liquidators of the company ; another set payable to respondents nos. 4, 5, 7, 8 and 9, the receivers and the representatives of the deceased mortgagee ; and a third set of costs for respondent no. 6, the purchaser at the ..... payment is made; and further that you are to expedite payments if at all possible. the insurance policies and the premium receipts to be in our possession until the final payment is made. kindly confirm this agreement and enclose your first; instalment.4. stopping there, it is argued by counsel for the respondents that on the true construction of .....
Tag this Judgment!Court : Mumbai
Reported in : 128Ind.Cas.26
..... : a.i.r. 1924 bom. 41, where he disagreed with what was stated by sir francis maclean in brij coomaree v. salamander fire insurance company 32 c. 816, and thought that the provisions of the indian contract act must give way to the express intention of the parties. this view is supported to some degree by the decision of mr. justice mulla ..... the costs. we think there must be three sets of costs, namely, one for respondents nos. 1 and 2, the liquidators of the company; another set payable to respondents nos. 4, 5, 7, 8 and 9, the receivers and the representatives of the deceased mortgagee; and a third set of costs for respondent no. 6, the purchaser at the auction-sale ..... : 43 i.a. 164 : 20 c.w.n. 1182 : (1916) 2 m.w.n. 110 : 18 bom. l.r. 670 : 20 m.l.t. 194 : 31 m.l.j. 541 : 4 l.w. 342 : 14 a.l.j. 1045 : 85 l.j.p.c. 214 : 24 c.l.j. 320 : 40 b. 630 : 32 t.l.r. 594 and hanasraj v .....
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