Court : Mumbai
Reported in : (1889)ILR13Bom470
..... inconsistent with the contract of agency existing between the parties, by virtue of which the plaintiffs were under the obligation to make reasonable exertions to procure the goods ordered as much below the limit as they could.' these remarks of mr. justice blackburn, which were doubtless open to misconstruction, were afterwards the subject of ..... and the commission merchant has no authority to pledge the credit of his correspondent for them. there is no more privity between the person supplying the goods to the commission agent and the foreign correspondent than there is between the brickmaker who supplies bricks to a person building a house and the owner of ..... country producer to the commission merchant; and then, when the goods are shipped, from the commission merchant to his consignee. and the legal effect of the transaction between the commission merchant, and the consignee who has given him the order, is a contract of sale passing the property from the one to the other and, consequently .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom67
..... states that no one from messrs. graham & co. was present at the interview. it may be--it is indeed probable--that the first defendant expected that if he made good the amount of defalcations messrs. graham & co. might abstain from prosecution; but 'any expectation that the defendant may have entertained, that, if he gave the required security, ..... the 24th of march, 1893, she purported to purchase the, immoveable property, which is the subject-matter of this suit, from one valladares, for re. 20,000. the sale-deed (exhibit a) was executed in her name. she died on the 24th of may, 1893, leaving an infant son, who is the plaintiff in the present suit, ..... graham, as assignee of the first defendant, was represented as the person beneficially interested. but though it was a limited grant under section 221 of the indian succession act, the administrator became, in virtue thereof, the legal representative of anna for the purposes of her interest in the property, and such interest as she had in the .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom87
..... , 1902, of stencil plates for the, purpose of counterfeiting messrs. hubbock & co.'s trade-mark, the possession for sale up to 9th october 1902, of goods marked with the counterfeit' trade-mark, together with the sale on or about the 7th october of certain kegs, marked with the counterfeit trade-mark, were parts of 'one series ..... transaction, because the first charge related to having had possession on the 9th of october, 1902, of instruments for counterfeiting, whereas the second charge related to a sale on the 7th october, 1902, of certain counterfeit articles--that, in other words, as the two offences related to two different occasions, they could not be regarded ..... of acts so connected together as to form the same transaction,' and the offences charged in respect of each of these acts could, therefore, .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom91
..... administration in respect of ail kinds of property, whether held by a deceased person in his own right or as a trustee. the general rule, therefore, according to the act, is that probate or letters of administration for an estate, whatever be the character in which the deceased held them, shall be chargeable with a court-fee. but ..... bom. 590.6. the question, therefore, is whether the district judge had jurisdiction to pass the order. that jurisdiction he has exercised under section 19d of the court fees act, which runs thus:the probate of the will, or the letters of administration of the effects, of any person deceased, heretofore or hereafter granted, shall be deemed valid and ..... given, to follow the rulling of the callcutta high court in the case of in the goods of pokurmull (1896) 23 cal. 980.10. we think that in this case the district judge has assumed jurisdiction under section 19d of the court fees act which that section does not give, and we must, therefore, allow the appeal to be .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom97
..... as directed by the order of the party entitled to them. no such obligation arises out of the ordinary contract of sale. if a purchaser buys goods of a manufacturer or a tradesman, he undertakes to pay the price to the seller, not to a third party, who ..... as an assignment of the debt, we feel ourselves warranted, on the authority of brice v. bannister (1878) 3 q.b.d. 569 in acting on that view notwithstanding the deoision in ex parte shellard (1873) l.e. 17 109' in ex parte hall, in re whiting (1878) ..... the panjrapol authorities.4. as to the second question, the reference is made to us not only under the stamp act but also under the court fees act. there is no provision of law empowering the subordinate judge to make a reference to this court or giving us ..... to the first question is that the paper containing the havala is a conveyance and must be stamped as such under the indian stamp act (ii of 1899.)2. 'an order for payment of money, though expressed to be payable out of a definite debt or fund, .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom209
..... dhunbai. (1891) 16 bom. 1. the present suit is brought by the plaintiffs in their own interests to try the validity of the dead of sale to defendant 1, and as the deed is protected by good faith and consideration, the suit must fail. if any authority ware required for that, alton v. harrison (1869) l.r. 4 ch. 622 already ..... appeal, has taken his stand on the first clause of section 53 of the transfer of property act. the proviso to that section, however, lays down that nothing in the preceding part of it shall impair the rights of a transferee in good faith and for consideration. here the district judge has found that there was proper and sufficient consideration ..... defendant 1 as fraudulent and collusive and without consideration. if the sale is not tainted on any of the grounds alleged, their action must fail. under section 269 of the indian succession act defendant 3 could sell the property as he thought fit. it may be--as to which we express no opinion--that the plaintiffs have a right .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom232
..... of the civil procedure code only. moreover it is under the head of perpetual injunctions only in the specific relief act that the present application comes, and as that can only be granted by the decree made at the hearing, this application must be refused.9. at the same ..... unius est exclusio alterius, and if the framers of the civil procedure code had intended to put interlocutory applications for injunction on the same footing as they were under the judicature act, they would have done so. i must assume, therefore, that they deliberately intended 21 to limit such applications to the matters enumerated in sections 492 and 493 ..... final decree in this suit and not on an interlocutory application. this depends on the effect of sections 53, 54(e) and 56(a) of the specific relief act (i of 1877). (his lordship read the section (1) and continued:)5. in the first place, it is to be observed that the framers of the civil procedure code .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom335
..... rights given to him under that lease, but must fall back upon the exhibits 59, 60 and 61. whether they are of any good to him depends upon whether there was any registration act requiring such documents to be registered in force in the bunch mahals in 1881 and 1884. now there is no doubt that the registration ..... delivery of possession. for that would be to use it as evidence of the transaction itself. but seeing that the legislature has advisedly rejected in the more recent acts the phrases which made such unregistered documents absolutely incapable of being received in evidence at all, and has very guardedly stated the purposes for which they shall not ..... exhibit 59 bears date 29th june, 1881; exhibit 60, 21st november, 1881; and exhibit 61, 26th february, 1884--all prior to the operation in the district of act xx of 1864, and therefore without the grant of a certificate of guardianship to the collector thereunder. the defendant obtained possession which purported to be given in pursuance of .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom246
..... 10. in the present case the plaintiff sues to recover on partition the shares of the sons of rajaram and sitaram haibat aforesaid in other property comprised in his sale certificate, but described in the plaint as undivided property. he has joined as defendants fifteen persons including the sons of rajaram and sitaram haibat and all other coparceners ..... vinayak sitaram and vaman mahadev, for possession of other specified land in possession of the four sons of rajaram, alleging that they wrongfully retained possession after the court sale aforesaid, after demand. in each of these two suits he obtained a decree for possession of the lands he sued for, and in neither of these two suits ..... (1884) 14 q.b.d. 141 relied on by the pleader for the appellant, it was held that damage to goods and injury to the person, although they have been occasioned by one and the same wrongful act, are infringements of different rights and give rise to distinct causes of action. it was there laid down that when the .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom388
..... by him or on his behalf to the bail way administration as required by section 77 of the indian railways act, 1890.'7. that section provides that a person shall not be entitled to compensation for the loss of goods delivered to be so, carried, unless his claim to the compensation has been preferred in writing by him or ..... to us that this is a simple cage of breach of contract; the defendant contracted to carry the goods and deliver them at nargaon and failed to give such delivery to the plaintiff. the station master at kamptee may have acted wrongly in disregarding the telegram which he had received, but that fact cannot divest the company of its ..... district judge, who held that the station master at kamptee was guility of default in directing the delivery of the goods to the original consignee but the district judge further held that the defendant company was not liable for the act of the station master which was not within the scope of his authority (quoting section 238 of the contract .....
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