Court : Mumbai
Reported in : (1907)9BOMLR656
..... in a country where evasion of service is probably not unknown or a matter of any great difficulty.11. the doctrine of lis pendens, with which section 52 of the act of 1882 is concerned, is not, as turner l. j. observed in bellamy v. sabine (1857) 1 de g. & j. 566, 'founded upon any of the peculiar tenets ..... kishore's suit, which was in its origin and nature a contentious suit and was at the time being actively prosecuted. therefore, under section 52 of the transfer of property act (no. iv of 1882) it did not affect the rights of newal kishore under the decree made in his suit. their lordships are unable to agree in the view ..... prag narain was confirmed faiyaz husain had every opportunity of redeeming the property. he never offered to do so. on the sale being confirmed the equity of redemption was extinguished. prag narain appears to be in as good a position as any outside puraser unconnected with the property would have been. their lordships will, therefore, humbly advise his majesty that .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR710
..... also cases (of which mildred v. maspons (1883) 8 app. cas. 874 is au illustration) in which it has been held that where a party receives from another goods or their value in moneys as belonging to a third party, with notice of that party's ownership, that third party can sue the receiver therefor, but that is ..... are cases in which, as observed by the privy council in ram tuhul singh v. biseswar lall sahoo , a plaintiff comes to be relieved from his own. act, or the act of one whom he represents, on equitable grounds and the court holds that such a plaintiff seeking equity must do equity and 'submit to those equitable conditions which the ..... the respondent by gangabai was not justified by any necessity or purpose recognised by the hindu law and that, therefore, the title acquired by the respondent from gangabai under the sale could not enure after her death. the appellant, as the next reversionary heir, became entitled to the property. the respondent, in answer to the appellant's claim for .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR606
..... the breach of trust could rely.72. section 83 of the trusts act 1882 applies with as much force to the arrangement for 6 per cent, interest as it does to the sale which that arrangement pre-supposed. and therefore on failure to prove the good faith of the sale, the first defendant is liable to account for the nett profits and ..... extent he is liable for allowing the first defendant to retain the assets without paying for them.84. as to the first point, i think, the second defendant acted in perfect good faith and according to the best of his judgment in allowing first defendant to continne the business. the year 1897, though as events have proved, not so disastrous ..... firm was not wound up on 25th october 1897.5. the transfer of mahomedalli's share in october 1897 was not entered into by the transferee in good faith. the second defendant acted in good faith in assenting to it. but no other persons on behalf of mahomedalli's family are referred to have desired it nor would their requests if .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR743
..... 29th july 1892, and, therefore, more than three years had elapsed between his discovery of the fraud and the commencement of the suit7. by article 95 of the indian limitation act, 1877, the period of limitation for a suit to set aside a decree obtained by fraud, or for other relief on the ground of fraud, is three years from ..... and several difficult questions of fact and law arose for decision, but the only question raised before their lordships on this appeal is whether article 95 of the indian limitation act, 1877, is a bar to the plaintiff's claim.2. the land in question is known as as mehal arjunbani and is a patni tenure which was once held ..... mandal had in the premises. the onus on this points was on the defendants, who to make good their defence on the statute must show that the plaintiff cannot succeed without setting aside the decree. as pointed out by the officiating district judge, the sale certificate was in the hands of the defendants and was not produced. the plaintiff's (sic), .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR942
..... judge is not likely to arise, for in the forms of consignment-note sanctioned by the governor-general (see p. 272, bayley on the indian railways act) 'the freight on all goods must be paid either previously or at the time of delivery' and it is in the highest degree improbable that a railway company if freight were not ..... of anovercharge in respect of animals or goodsnotification of carried by railway or to compensation forclaims to or refunds the loss, destruction or deteriorationof overcharges and of animals goods delivered to be soto compensation for carried, unless his claim to there fundlosses. or compensation has been preferred inwriting by him or on his behalf to therailway administration ..... russell, acting c.j.1. in the year 1902 the plaintiff herein had a grain shop at poona and the defendants are the g.i.p. railway. during may 1902 the plaintiff's agent avent to wadi to buy grain which he sent to poona for sale there. the plaintiff sues to recover from the defendants rs. 655-11- .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)ILR31Bom534
..... in the forms of consignment-note sanctioned by the governor-genekal (see page 272, bayley on the indian railways act) "the freight on all goods must be paid either previously or at the time of delivery" and it is in the highest degree improbable that ..... subsequent correspondence of 1903 does the receipt of the said registered letter of 14th october 1902 appear to have been denied. the goods in respect of which the undercharges were recovered were delivered at the "wadi station to the defendant company in the months ..... this that the 'overcharge' referred to in the section does not include an overcharge which is charged and recovered after the goods were delivered to the consignee at their destination."10. but it appears to us that this is to read into the section ..... i. p. railway, during may 1902 the plaintiffs' agent went to wadi to buy grain which he sent to poona for sale there. the plaintiffs sue to recover from the defendants rs, 655-11-0 and interest thereon as damages amounting to rs. 174 .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR1232
..... about the same as that for messrs. sassoon's land. the position of noor mahomed's land is marked with yellow pencil on ex. 16 and is certainly good. but as mr. lowndes urges the tenements are almost beggarly with bamboo partitions and mud floors: the frontage is narrow and the depth comparatively great. still without further ..... be indemnified for brokerage fees he might have to pay if he wanted to resell. if this were the case deductions of brokerage fees through an infinite series of sales and resales would have to be considered. if such expenses be deducted on each possible transaction, the price might be indefinitely reduced. mr. robertson contends that whether ..... of the owner to realize the possibilities of development is to be considered in determining the compensation to be given to him. the english cases cited and the act, no doubt require that the expelled owner should receive compensation only for the interests of which he personally has been deprived. but they make no reference to .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR1062
..... that the case came on for hearing before russell j. and that at the trial what had to be determined, stated broadly, was whether the sale was such, under its circumstances, as to give a good title to the purchaser as against the mortgagor. russell j. held that it did not, for reasons that will shortly be examined. the appeal ..... was affected with constructive notice of the true state of the title, by reason of the fact that, some days after the contract of sale was completed, the purchaser instructed the mortgagees' solicitor to act for him in the preparation of the deed of conveyance and that that solicitor knew enough of the real title to show that the ..... plaintiff (the purchaser) had notice of those circumstances, using the word notice as it is defined in the transfer of property act. he therefore bought at his peril and as the sale was not a bond fide auction sale it must be set aside.'15. for the foregoing reasons their lordships will humbly advise his majesty that the appeal should be .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR1049
..... enjoyment of the benefit of joint property,' yet that 'is not inconsistent with her right of separate beneficial enjoyment during her life being bound by her own voluntary act or by a court sale in execution of a decree against her.'7. the subordinate judge, who decided the suit in this second appeal before us, relies upon that decision as supporting the ..... ceases and the share goes to the surviving co-widow or co-widows, as the case may be. [macnaghten's hindu law, vol. i, pp. 20, 21]. but it is good so long as she lives.6. this conclusion of hindu law is in accordance with the decision of the madras high court in ariyaputri v. alamelu ilr (1888) 11 mad ..... the original side of this court, but the learned judges in support of their decision rely on a decision of the then chief justice of the court in in the goods of dadoo mania based on the answers obtained by him from the shastrees of the sadar adalat at poona to the effect that, 'if there be more than one widow .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR1087
..... ordinary law as to damages whatever the subject-matter of the contract, it seems to me that in cases of breach of contract for sale of immoveable property through inability on the vendor's part to make a good title the damages must be assessed in the usual way, unless it can be shown that the parties to the contract expressly or ..... 's letters of the 21st and 25th april 1906 the defence now set up was foreshadowed.5. the plaintiff is, therefore, entitled to damages under section 73 of the contract act. but mr. strangman has argued that the rule in flureau v. thornhill (1776) 2w. bl. 1078, followed in bain v. fothergill (1874) l.r. 7 eng. & ir. app. 158, ..... the agreement of the 24th september 190i to impose the condition. the threat to treat the agreement as cancelled if an order was not obtained within ten days was never acted upon by either side and cannot be considered seriously. issues 5, 6 and 7 raise the moat important questions in the suit. mr. strangman has argued that the defendants .....
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