Court : Mumbai
Decided on : Mar-30-1925
Reported in : (1925)27BOMLR872
John Edge, J.1. This case has come before their lordships in the form of an appeal to His Majesty in Council from an order of the High Court of Bombay. On March 31, 1920, the High Court certified that the appeal involved a substantial question of law and was otherwise a fit one for appeal to His Majesty in Council, and on July 26, 1920, the High Court admitted the appeal and ordered notice to be given to the respondents. The question which their lordships have to consider is whether the appeal lay. For that purpose it is necessary to refer as briefly as possible to the history of the case to see if any appeal in this case to His Majesty in Council arose or was admissible.2. The case relates to the management of a public Hindu temple at the village of Dakore which is within the jurisdiction of the Court of the District Judge of Ahmedabad, In the temple is installed the Idol of Shri Ranchhod Raiji, which is much revered by Hindus. Disputes arose as to the management of the temple and at ...
Tag this Judgment!Court : Mumbai
Decided on : Apr-07-1925
Reported in : AIR1925Bom485; (1925)27BOMLR973
Shah, Ag. C.J.1. It will be convenient in this case to state the few facts which have given rise to this appeal. The Divisional Forest Officer, Western Division, Thana, by a proclamation dated June 25. 1920, invited tenders with reference to certain forest coupes in the Thana District. The tenders were to be submitted on or before August 5, 1920, 1 P. M. The plaintiff submitted a tender in the standard form for several coupes, including coupe No. 4 in Block No. XIX before 1 P. M. on August 5. He offered to take up that particular coupe for Rs. 12,299. Immediately after, however, he discovered that he had committed a mistake in that the sum offered was not intended for that particular coupe but for coupe No. 5, which was near coupe No. 4. At 4-30 on that day the plaintiff's son sent a petition requesting the officer not to sanction the tender for coupe No. 4 as it was submitted under a mistake. The plaintiff 'and his son also sent a telegram' which reached the Divisional Forest Officer ...
Tag this Judgment!Court : Mumbai
Decided on : Jul-27-1925
Reported in : (1932)34BOMLR1410
Crump, J.1. This is a suit to recover the balance due on dealings between plaintiffs as pakka adatias and the defendant as a constituent, There is now no dispute as to the terms of the business. Plaintiff's were entitled to charge half per cent, ascommission, and nine per cent, interest on all advances made against goods entrusted to plaintiffs for sale. Defendants were bound to find margin money on demand. If they failed to do so plaintiffs were entitled to sell the goods. It was originally alleged that plaintiffs could in this event buy themselves but that position was deliberately abandoned by their counsel. In other respects the dealings were of the familiar type where the parties are pakka adatias and constituent.2. There is little or no dispute as to the main facts. On or about January 9,1918, plaintiffs received seventy-two bales of Mandsor cotton from defendants and advanced Rs. 13,000. On April 5, 1918, plaintiffs received a further consignment of seventy-one bales and advance...
Tag this Judgment!Court : Mumbai
Decided on : Aug-25-1925
Reported in : (1926)28BOMLR309; 94Ind.Cas.47
Fawcett, J.1. The facts out of which, this application arises have been fully stated in this Court's judgment of April 11, 1919, in Appeal No. 223 of 1915, and need not be re-stated. That judgment, and the consequential one of September 22, 1919, have been set aside under the judgment of their lordships in Privy Council Appeal No. 95 of 1923. In that judgment it is said:-' The High Court at Bombay had power conferred upon it by Clause 20 of the scheme confirmed by His Majesty's Order in Council upon an application made to it with that object to alter, modify or add to the rules sanctioned by the District Judge, but it had no other power, and that power it did not exercise; it may, however, still be exercised upon application properly made to it.' Accordingly the present application has been made by twelve Gors 'for themselves and on behalf of the other Tarwadi Mewada Gors, residing at Dakore.' Their main contention is that the rules framed by the Temple Committee and sanctioned by the ...
Tag this Judgment!Court : Mumbai
Decided on : Aug-25-1925
Reported in : AIR1926Bom179
Fawcett, J.1. The facts out of which this application arises have been fully stated in this Court's judgment of April 11, 1919, in Appeal No. 223 of 1915, and need not be re-stated. That judgment, and the consequential one of September 22, 1919, have been set aside under the judgment of their Lordships in Privy Council in Appeal No. 95 of 1923. In that judgment it is said : 'The High Court at Bombay had power conferred upon it by Clause 20 of the scheme confirmed by His Majesty's Order in Council upon an application made to it with that object to alter, modify or add to the rules sanctioned by the District Judge, but it had no other power, and that power it did not exercise; it may, however, still be exercised upon application properly made to it.' Accordingly the present application has been made by twelve Gors 'for themselves and on behalf of the other Tarwadi Mewada Gors, residing at Dakore.' Their main contention is that the rules framed by the Temple Committee and sanctioned by th...
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