Court : Mumbai
Reported in : (1928)30BOMLR290
..... , repaying you the amount advanced as soon after the said rubber has been shipped and proceeds of drafts received from negotiating bankers.i undertake to keep the said rubber fully insured against fire.yours faithfully, (signed) lee pang seng.12. advances amounting to a very large sum were made on the security of letters in the above form, and for ..... .2. in singapore the matter is regulated by section 51(1) of the bankruptcy ordinance, which is identical with the provision on the same subject in the english bankruptcy act.3. the result depends on the answer to be given to the question was the transfer to the appellants made 'with a view of giving them a preference over the ..... the inadequacy consisted, and that what was required was actual physical possession of rubber instead of a mere paper lien over rubber remaining in the debtor s possession.15. about 4 p. m. on june 10, the letter was delivered at the warrington debtor's place of business and was read by his manager, lim soo yan. it is now .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom170; (1928)30BOMLR415
..... c. i. f. contract, and that further under the terms of it there was no necessity for the vendors to tender the policy of insurance; but that it was sufficient under clause 4 to tender the bill of lading. the invoice in the present case had of course been sent long bsfore that. under these circumstances i need ..... documents, until they went to their solicitors when they took up a totally different position. even then the correspondence shows that their solicitors never specifically mentioned the policy of insurance. whether this omission was intentional or not it is unnecessary to speculate.12. i should here mention that as regards clause 15, which is a most peculiar clause, ..... to the buyer on shipment, and the seller only received his unpaid vendor's lien. that view seems to we inconsistent with section 10 of the sale of goods act, 1893, and with every business probability.16. in the present case the mode of business was that the transaction was financed from london and the bill of lading .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom260; (1928)30BOMLR745
..... whether the defendant wag liable to pay the premium sued for?12. the facts are simple., the defendant, on september 30, 1925, proposed to the south british insurance company, limited, to insure his car and signed the proposal form. no protection note was issued. on october 12, 1925, a policy dated october 2, 1925, was issued to the defendent ..... the negative.baker, j.10. this is a case stated by the small cause court, bombay, under section 69 of the, presidency small causes courts act, the facts are that the plaintiffs, the south british insurance company, limited, sued to recover from the defendant rs. 78-14-0 as the amount due by him for the premium on the ..... contract between the parties; and(2) whether the defendant was liable to pay the premium sued for.4. the plaintiffs rely upon the case of roberts v. security company (1897) i.q.b. 111 where, notwithstanding the provision that no insurance by way of renewal or otherwise should be effected un premium due thereon should have been paid, it .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom352; (1928)30BOMLR1018
..... been taken that the suit is not maintainable because no notice was given by the plaintiff to the defendants as required by s. 0, sub-section (4), of the bombay district police act iv of 1890. it was also objected that notice was required under section 80 of the code of civil procedure.49. in order to consider these preliminary ..... 1567, under which the case of queen-empress v. ganu was decided, and the absence of words 'good faith' in sub-section (3) of section 80 of bombay act iv of 1890, i am inclined to agree with the view of my learned brother that the contention on behalf of the accused is not sustainable.16. i think, however, ..... fourth city mutual building society [1892] 1 q.b. 654 and tabernacle permanent building society v. knight [1892] a.c. 298 section 80, sub-section (4) of the bombay district police act left section 424 of the civil procedure code unaffected in the sense that it still continued to operate in the bombay presidency, the local legislature did not reduce the period .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR969
..... liability, should the investment prove insufficient, invest the legacy even in securities authorized for funds under the control of the court, (see section 42 of the administration of estates act, 1b25).23. in view of the construction which i have placed on the clausen in question, i do not think that this case applies. here there was a trust and ..... follow directions as to how the said sum of rupees three lakhs was to be distributed amongst several legatees after the death of the testator's wife. by clause 4 the testator directed the executors to purchase investments to be selected by them which should realize a monthly income of rs. 2,000, and to hold such investments ..... shall by any deed, will or codicil appoint and in default of and subject to such appointment the said sum shall devolve as and form part of my residuary estate.4. bai dinbai the testator's sister had three daughters who survived the testator, namely, bai putlibai, bai bachubai and bai cooverbai. defendants nos. 5 and 6 are .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR1463
..... in the place where it curries on business in its own name, and in the case of corporations, you have many activities in many countries, such as the big insurance companies-for example, the plaintiffs in this case. it appears to me that the true view is that the corporation resides for the purposes of suit in as many places ..... , he would be, in any case, held to be domiciled in his diocese. this point of the residence of a corporation is discussed in a recent case: new york life insurance co. v. public trustee [1924] 2 ch. 101. at page 120, lord justice atkin says:-now, when you are dealing with a corporation, you are dealing again with ..... . e,, officers of government under him in british india. the question is how u. 13 of the indian limitation act applies to cases of this description. in my opinion section 13 must be read consistently with the provisions contained in part iv of the code of civil procedure for ' suits in particular cases ' against defendants who ordinarily would be always out .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR1509; 114Ind.Cas.849
..... and which those agents had palmed of' on to the company at very high and exorbitant rates ;(b) payment of law charges incurred in connection with the various acts of misconduct and mismanagement and breaches of duty on the part of the old directors and managing agents, and in respect of suits filed to recover the large amounts ..... directors were removed, and this was followed in february 1923 by the removal of the old agents. a detailed report by the auditors, dated september 27, 1928, discloses acts of apparently gross mismanagement on the part of the old directors and managing agents. according to this report, the heavy losses for the years ending march 1922 and march ..... . 10, and in fact, i understand, no fees have been claimed or paid. insurance premia, which, under the old management, had amounted to something like rs. 4,000 a year, owing, it is alleged, to the inflated amounts for which the stock was insured and the high rate paid by the old agents to offices in which they were personally .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR988
..... and she, therefore, charges laduck with negligence, and reserves her right to 'sue him for damages. she does not deny that the car was insured, but states that the plaintiff was not entitled to insure the car. finally, she states that on proper accounts being taken much smaller sum, if at all, would be found due by the defendant ..... agriculturist, the learned counsel who then appeared on behalf of the plaintiff contended even if the defendant was an agriculturist within the meaning of the dekkhan agriculturists' relief act, the suit can lie in this court as admittedly the cause of action has arisen within the jurisdiction. this contention was based on section 3 of the dekkhan ..... giving jurisdiction to the highest court-see amanat begam v. bhajan lala (1886) i.l.r.s. all. 438. in tulsidas dhunjee v. virbussapa i.l.r(1880) . 4 bom. 624 west j. observed (p. 629): 'the jurisdiction of a superior court cannot be taken away, except by express words or necessary implication.' in brohmo dutt v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR158
..... of fact. a teji mandi contract, although it is of a highly speculative nature, may, under certain circumstances, be regarded as a legitimate business and may act as an insurance against the fluctuations of a constantly changing market like the market in broach cotton. in jessiram v. tuleidas : (1912)14bomlr617 , beaman j. described a teji ..... imprisonment.baker, j.29. this is an appeal by government against the acquittal of the accused thavarmal rupchand on a charge under section 4(a) of the bombay prevention of gambling act iv of 1887. the accused was charged with keeping a common gaming house and was acquitted by the chief presidency magistrate. this case, known ..... purshottamdas thakurdas sent a second letter to government adverting to a resolution of the mahajan association, dated october 15, 1925, referring to delivery, p. 124, on january 4, 1926, there was an extraordinary meeting of the association at which several resolutions were passed (p. 100). one (no. 2 at p. 101) is of importance .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR395; 118Ind.Cas.788
..... lordships, that it was a case where that principle ought to be applied. there was not the slightest ground for suggesting that the managers of the joint family did not act in any way in the interest of the family itself.5. it is contended that this case was one where a foreclosure decree had been passed, which distinguishes it from ..... payment of that debt.(3.) if he purports to burden the estate by mortgage, then unless that mortgage is to discharge an antecedent debt, it would not bind the estate(4,) antecedent debt means antecedent in fact as well as in time, that is to say, that the debt must be truly independent and not part of the transaction impeached.(5 ..... property in suit, which had been dismissed. it was held that the second redemption suit by plaintiffs was not barred as they were not sufficiently represented in the previous suit.4. the respondents realy on sheo shankar ram v. jaddo kunwar i.l.r.(1914) all. 383 where it was held by the privy council that the plaintiffs who sued to .....
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