Court : Allahabad
Decided on : May-13-1937
Reported in : AIR1937All701
..... the intention of the parties that there should be a reference to arbitration under schedule 2, civil p.c.; their intention was that their nominee should make an inquiry and that they would be bound by whatever statement he might make in court. as so often happens in such cases, the party whose interests are adversely affected ..... after having come to know what it amounts to.9. at the bottom of page 1154 the learned chief justice said:in concurrence with the opinions of the learned judges who have made this reference, i hold that an agreement to abide by the statement of a particular witness is in substance not a reference to arbitration. the ..... , coercion, undue influence or mutual mistake were established.11. it is argued by learned counsel for the applicant that since b, brij behari lal was authorized to perform acts of a judicial or quasi, judicial character, he was not a referee, but an arbitrator, and this contention derives some support from certain dicta of the learned chief justice .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-02-1937
Reported in : AIR1938Bom121; (1937)39BOMLR1287
..... is hereby confirmed as against defendant no. 1 and defendant no. 8. the suit against the other defendants will stand dismissed with costs. there will be an inquiry as to mesne profits as to the pangri property only from the date of the trial court's decree till delivery of possession or three years from the date ..... her reversionary interest in the properties in suit in favour of haribai. it comes within the mischief of section 6 of the transfer of property act and the cases relied on by the learned trial judge govern the case.12. mr. thakor tries to bring the case within the ambit of such cases as akkawa v. sayadkhm mithekhm and ..... not foreign courts is also apparently opposed to another privy council case, ananta padmanabhaswami v. official receiver of secunderabad . that was concerned with the court of the district judge at secunderabad. presumably that court is also a court established and continued by the authority of the governor general in council. mr. kane at any rate did not suggest .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-1937
Reported in : (1937)39BOMLR713
..... that there is a genuine doubt about its correctness, they would remit, the matter to the high court in india, from which the appeal has been brought, for an inquiry into it, and direct it, if necessary, to have another translation made under the direction of the court and to transmit it to the registrar of the privy council.15 ..... followed by this board is to accept the translation as correct, if it was made by a translator appointed by a court in india and not challenged before the judges who had dealt with the case. it is obvious that their lordships are not in a position to say that such translation should be held to be incorrect. if ..... trial court, but also was included in the record printed for the court of appeal in india and apparently acted upon by that court. these circumstances, which create a reasonable doubt about the accuracy of the official translation, would justify an inquiry by the high court as to chandra which of the two translations should be accepted as correct. their .....
Tag this Judgment!Court : Chennai
Decided on : Mar-19-1937
Reported in : AIR1938Mad8; (1937)2MLJ606
..... respect of which mesne profits were claimed by them prior and subsequent to suit would have been much greater, and that the court, in order to avoid an inquiry preferred to adopt the earlier figures on the understanding however that details of disbursements made by the defendants during the period of their possession need not be taken ..... to the first defendant, the court may reasonably hesitate to believe that the new tenant got peaceful possession. it is apparently on this assumption that the learned subordinate judge observed in paragraph 26 of his judgment that it was difficult to believe that the old tenant gave up possession of these items to bapiraju. but the evidence ..... the plea of limitation, we are not satisfied that the lower court was justified in dealing with the case as one governed by article 142 of the limitation act. the allegations in the plaint as well as the evidence tendered during the course of the trial establish that all the suit properties were in the possession of .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-15-1937
Reported in : (1937)39BOMLR997
..... explanation.17. as regards the explanation which mr. mody asked for it should be added that he was clearly in a position which required him to make inquiries as to every matter touching discipline and the rightful conduct of business. to take a strong illustration, suppose that there was ground for thinking that an official ..... the life insurance department, and that he was entitled to resent any action by the managing governor in supervising that department as being officious and intermeddling. the trial judge, however, refused to accept this view. the respondent was driven to admit in the course of cross-examination that the secretary, a mr. iyer, had to ..... 21, was sufficient to justify his dismissal. on the one hand it can only be in exceptional circumstances that an employer is acting properly in summarily dismissing an employee on his. committing a single act of negligence; on the other, their lordships would be very loath to assent to the view that a single outbreak of bad .....
Tag this Judgment!Court : Chennai
Decided on : Oct-12-1937
Reported in : (1938)2MLJ256
..... .4. the more important question is whether the first and the second respondents have discharged the burden imposed upon them of showing that their father did make inquiries before lending the money and was satisfied that there was necessity for the loan. the learned advocate for these respondents would have it that it is not ..... must be considered on its merits, and the fact that other people have not hesitated to raise false pleas cannot be taken into account here. the learned trial judge, having heard the appellant's witnesses, refused to believe their testimony on this point, and the learned advocate for the first and the second respondents has shown ..... on the management, the means of controlling and rightly directing the actual application. their lordships do not think that a bona fide creditor should suffer when he has acted honestly and with due caution, but is himself deceived.5. these remarks were emphasised by their lordships in sri thakur ramkrishna muraji v. ratan chand (1931) 61 .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-16-1937
Reported in : AIR1938Bom388; (1938)40BOMLR539
..... the necessities for the loan and to satisfy himself as a reasonable person that the manager in the particular instance is acting for the benefit of the estate or the family, makes such an inquiry and acts honestly, the real existence of an alleged sufficient and reasonably-credited necessity is not a condition precedent to the validity of ..... to raise that contention as defendants nos. 1 and 2 had admitted, or at any rate not disputed, the existence of a justifying necessity, but the learned judge overruled that contention, though on the merits he found in the plaintiff's favour. the evidence in the case shows that kenchangouda was carrying on business and he ..... ; the mortgage did not affect the interest of the minor son of kenchangouda as there was no justifying necessity for the same. the learned first class subordinate judge on the evidence held that the mortgage effected by kenchangouda in favour of the plaintiff was a valid mortgage and the moneys were required for legal necessity and .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-07-1937
Reported in : AIR1937All305
..... therein; and therefore the authority conferred by it cannot be exercised when dealing with other cases. i am quite unable to hold that the learned sessions judge had any power to order inquiry under this section when he is hearing an appeal under section 476-b.4. we next come to ch. 31 of the code, as to the ..... me that, where the subordinate court has made a complaint under section 476, it cannot, on reconsideration, withdraw the complaint already made. it is only the superior court acting under section 476-b, that can order the withdrawal of the complaint. it follows that section 476-b does not contemplate a power of remand in the appellate court ..... wide discretion in the matter of summoning and examining witnesses at any stage of any enquiry, trial or any proceeding under the criminal p.c. where such superior court is acting as a civil court hearing an appeal, section 107, civil p.c. similarly confers power to take additional evidence. section 428, which occurs in ch. 31, criminal p .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-15-1937
Reported in : AIR1938Bom199; (1938)40BOMLR238
..... before us, taking a similar view on a similar set of facts, i ask myself whether it is open to this court sitting in appeal to say that those learned judges acted capriciously or in disregard of some legal principle and to interfere with the exercise of the discretion ?7. the case of oriental finance corp. v. mercantile credit &c.; corp. (1866 ..... , as he was bound to do, appears to me to be irrelevant as to his failure to attend on february 11.4. the learned judge goes on to state in his judgment that mr. shamdasani made inquiries on the afternoon of the 10th as to whether his case would be likely to be reached the next day, and according to mr. shamdasani ..... failure to attend the court on the following morning, and inasmuch as it is well-known to be the duty of persons whose cases are in the list to make inquiries whether they are in the list on the following day, i cannot accede to the proposition that if a man fails to ascertain for himself whether his case is in .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-08-1937
Reported in : AIR1938Bom341; (1938)40BOMLR418
..... plaintiff and sankalchand were shown as owners of their respective portions of the house in the municipal house register. they paid taxes separately. when the city, survey inquiry in ahmedabad took place in about 1922, they obtained separate sanads. this is a very important piece of evidence since plaintiff admits that he and sankalchand went ..... on separate business also from the time of lallubhai's death if not before. there are other items of evidence indicating partition between the brothers which the trial judge has referred to, and it is sufficiently clear, we think, that the finding that plaintiff and sankalchand were not joint as alleged by plaintiff but separate ..... plaintiff as the nearest heir would be entitled to the whole estate. he might therefore have sued for possession of it and section 42 of the specific relief act would prohibit the grant of a bare declaration.7. as regards the objection to the charitable bequests the case presents more difficulty. there is a bequest of .....
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