Court : Mumbai
Decided on : Jan-10-1934
Reported in : AIR1934Bom266; (1934)36BOMLR510
Broomfield, J.1. This is an appeal under the Letters Patent from a decision of Mr. Justice Barlee. The point involved is one of limitation and the necessary facts and dates are these. On July 3, 1916, the respondent obtained a money decree against Shankar, the father of the appellant, in the Court of the First Class Subordinate Judge at Poona. Then on November 3, 1917, Shankar died. On March 26, 1919, the decree-holder made an application (No. 49 of 1919) under Section 39 of the Civil Procedure Code for transfer of the decree for execution to the Dhulia Court. This application was made in ignorance of the death of the judgment-debtor. Notice was issued and the bailiff then reported that Shankar was dead. On July 21, 1919, an oral application was made by the judgment-creditor's pleader for time to make enquiries as to the legal representatives of the deceased judgment-debtor. The application was granted and time was given for this purpose until August 15, 1919, but on that day the appli...
Tag this Judgment!Court : Mumbai
Decided on : Mar-06-1934
Reported in : AIR1934Bom225; (1934)36BOMLR454
John Beaumont, Kt., C.J.,1. In this case the plaintiff in Suit No. 3989 of 1924 has applied for an order for execution under Rule 387 of the Rules of the Bombay High Court (Original Side). That rule and the preceding Rule 386 are in these terms. Rule 386 provides:The Sheriff shall ordinarily execute the process of the High Court in the Island of Bombay, Cross alias Gibbet and Butcher's Islands and the coasts and harbours thereof, respectively, and shall not be compellable to execute process beyond the said limits.2. Then Rule 387 provides:Upon occasions when it shall be necessary to execute process beyond the said ordinary limits, the Sheriff shall grant his special warrant to such person or persona as a Judge shall direct; and in order to prevent any improper use or abuse of the process of the Court, the party issuing the same shall give such security or indemnity for its proper execution as the Judge shall direct.The plaintiff in this suit obtained a money decree for a sum of over on...
Tag this Judgment!Court : Mumbai
Decided on : Mar-20-1934
Reported in : (1934)36BOMLR881
John Beaumont, Kt., C.J.1. This is an appeal from a judgment of Mr. Justice Broomfield in a patent action. The material facts are that in the year 1927, the plaintiff, who is a chemist, started a business in partnership with one Girdharlal, who is the brother of the defendant, the name of the firm being Jarivalla Shah & Co. The defendant was a clerk in the employment of the firm. The firm had an experimental branch which carried on business in the name of Jasco & Co., that firm being in charge of one Dr. Patel. In August, 1928, the plaintiff left for Europe, leaving Dr. Patel in charge of the chemistry department. In February, 1929, the plaintiff returned to Bombay, and shortly thereafter Dr. Patel left the employment of the firm. In or about October, 1929, a firm called Harak-chand Shivji & Co. approached the plaintiff and asked him whether he could introduce a system of producing white almonds by some process of bleaching the shells. On November 9, 1929, the plaintiff commenced exper...
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