Court : Mumbai
Reported in : (1941)43BOMLR631
..... of a person in respect of her profession or calling--and the profession or calling of the plaintiff is that of an instructress in physical culture, and dancing,--that she is unfit and incompetent for the purpose is, in my opinion, defamatory; but to say that the future including the social, religious and moral future of the girl would be spoiled by attending classes of the type of classes which the plaintiff conducts is to impute to the plaintiff an unfitness which is worse than attributing mere incapacity.8. ..... about the end of august last the defendant, who came to know that the play was about to be staged, started an agitation in the columns of his paper kom sevak, not against the staging of the play, but against parsi men and women taking part in acting plays upon the stage, whether as amateurs ..... that the parsi community is divided over the merits of this question, which has been agitated for many years in bombay, the 'orthodox' section of the community, as it is called, being against the appearance of parsi men and women together on the stage, and the other section called the 'reformists' pulling the other ..... this controversy, which gave rise to the agitation, is no doubt, in my opinion, a subject of public interest; but it cannot be said to be a reasonable inference warranted by the facts to say that the plaintiff who was one of the performers in the play would ruin the future of the parsi girls attending her class or classes, and was therefore unfit to carry ..... (lord)[1932] 2 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1942Bom263; (1942)44BOMLR543
..... in the latter decision the chief justice, to whom the matter was referred on account of difference of opinion between the two judges who originally heard the appeal, was of the opinion on the facts that the claim petition must have been made after the sale actually took place though on the same day, and that the application having been dismissed on the ground that the sale had already been concluded, the order passed by the executing court did not fall under o. ..... it is urged on behalf of the appellant that the case, where the claim has been advanced before the sale, stands on a different footing from the claim petition preferred after the sale, because in the former case the application having been filed at a time when the attachment was subsisting, the court was bound to dispose of the application even after the sale was over, and any order disposing of such an application would be an order under rule 63. ..... the observations of the full bench in the latest decision of the madras high court in cmanore bank, ltd. v. ..... there the application under rule 58 filed before the sale was dismissed for default after the sale, and it was held that a suit brought more than one year after the date of the order was not barred under article 11 of the indian limitation act because the order did not fall under o. ..... ziparu (1932) 35 bom. l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom152
..... thereupon the court, that is the chief judge of the small cause court at bombay who is the court for the purposes of this case holding that the appellant fell within the terms of the act, directed that the papers be sent to the public prosecutor of bombay in order that he might take the appropriate action. ..... in my opinion, the last sentence of the judgment of the learned chief judge of the small causa court in which he holds that the appellant has committed default by failing to file particulars and accounts, as required by sections 3 and 5, mussalman wakf act, in respect of this property and has thus rendered himself liable to be prosecuted under section 10 and in which he directs the papers to be sent to the public prosecutor for taking necessary action against the appellant sufficiently complies with rule 26 though it might be better in future in order ..... on 26th february 1932, the trustees of the madressa purchased an immovable property at bhoiwada in bombay out of the funds belonging to the madressa, and on 7th december 1934, they executed a declaration of trust, which is ex.d, admitting that they had purchased the bhoiwada property out of monies colcted from dawoodi bohras at sunnel for the support of a madressa at sunnel, and declaring that they held the property upon trust, in substance, for the madressa. .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR144
..... i remember many years ago discussing with an eminent king's counsel in london, who afterwards became a judge on the common law side of the high court and was a great criminal judge, the effect of the introduction of the criminal law (amendment) act of 1898, under which accused persons were for the first time allowed to give evidence in england, and he told me that one effect of the act was to destroy the whole romance of defending anaccused. ..... it seems to me that on the evidence the learned judge and the assessors were right in coming to the conclusion that the only rational explanation, which fitted in with the whole of the evidence, is that the accused committed this robbery, and that pursuant to their common intention to rob the deceased and avoid detection they had the further intention of murdering her, and that they carried that intention out.13. ..... justice wallace in the earlier madras case to the effect that 'the court has to be satisfied not merely that the thief could not have come into possession of the property unless murder had been committed, but also that he could not have come into possession of the property unless he himself had taken part in the murder or was privy to it.' mr. ..... (1932) mad. ..... king-emperor (1932) i.l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom228; (1941)43BOMLR250
..... the true facts and was a most unbecoming, scandalous and ..... court of bombay for a declaration that the remarks passed by you against me are false, unjustified, malicious and irrelevant, that in the passing of the said remarks you did not act honestly, judicially or in good faith, that the said remarks be expunged from the judgment, that you be made to pay the costs of and incidental to the suit, and for such other reliefs as the court may deem fit to grant.the registrar's petition averred that the said notice did not set out ..... he filed an appeal which was dismissed, and he also went in revision to the high court but that application was dismissed on december 9, 1932.3. ..... . (1932) all .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom153; (1941)43BOMLR225
..... if the repayment of the tagai loan to government is to be regarded as the act of the vendor ramappa, and not the act of the plaintiff, the purchaser, the plaintiff, obviously does not come within the terms of section 69, moreover, even if it were possible to say that there was a payment by the plaintiff within the meaning of section 69, it was a payment which he was bound to make under the terms of his agreement with ramappa, and it would not therefore be open to him to say that it, was a payment which some other person was bound to ..... section 69 of the indian contract act was not mentioned in the judgment, but the principle relied upon seems to be the same, and that principle does not apply if the legal effect of the transaction between the plaintiff and ramappa was that ramappa paid the money and not the plaintiff ..... the sarnie view of the construction of section 92 has been taken by a full bench of the madras high court in lakshmi amma ..... virtue of section 7 of the act government therefore has the right to recover the money with interest from the borrower personally, or out of the land for the benefit of which the loan was granted, or out of properties given as collateral security that is in the present case survey nos. ..... they did not say that the money was not the vendor's money, and i think that there is nothing in this case inconsistent with the view taken by the full benches of the allahabad and madras high courts ..... paid on may 27, 1932, one of rs. ..... on january 25, 1932, he sold survey .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom312; (1941)43BOMLR562
..... the casea in which the minority can maintain such an action are, therefore, confined to those in which the acts complained of are of a fraudulent character or beyond the powers of the company.in my opinion as the position of the members of this society is similar to that of the shareholders of the company and as the acts of the defendants which are challenged are in respect of the society, it is necessary that the society should be a party to this litigation. ..... or twenty-three while only seven persons were present, out of whom three were disqualified to vote under section 15 of the act.section 15 runs as follows:--for the purposes of this act a member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription or shall have signed the role or list of members thereof, and shall not have resigned in accordance with such rules and regulations; but in all ..... in such a case the court can call a meeting of the members of the society and inquire whether the society as a body approved of the challenged acts of the defendants or even if they were outside the powers of the defendants, but being within the scope of the society's affairs, it ratified the same. ..... the south indian education society was registered in 1932 under the societies registration act xxi of 1860. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom129; (1941)43BOMLR35
..... which was a suit by the bride, who was a minor at the date of the contract made by her father, against the bridegroom who was a major, the bride claimed damages for breach of the contract, and in that case the nature of the suit was discussed, because it was alleged that if the contract was to be regarded as a contract made by the minor plaintiff, it was void under the decision of the privy council in mohan bibee v. ..... in my opinion, it would be contrary to the settled principles on which this court acts that we should substitute our opinion on the facts based on the written depositions for the opinion of the learned judge who saw the witnesses in the box. ..... as regards the party's readiness and willingness to carry out the contract of betrothal, the learned judge had the advantage of seeing the witnesses, and in his judgment he has in terms stated that having watched the demeanour of the witnesses he preferred to accept the evidence led on behalf of the plaintiff. ..... in 1932 padamsi had some trouble in a criminal court, and in the result the defendant and his father declined to marry jethbai to padamsi, and after that date the defendant ceased to visit the plaintiff's family and ceased to see the plaintiff, their families being estranged. .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR346
..... as regards the points of limitation and validity of the assignment of the bond, it is contended on behalf of the defendants that article 68 of the indian limitation act governs the case, and that the breach of obligation of the bond occurred at the latest on the death of the administratrix, which was more than three years before the commencement of the suit. ..... on march 24, 1932, an order was made by the high court that the court should assign the administration bond to the plaintiff, his heirs, executors or administrators, and it was further ordered that on such assignment the plaintiff, his heirs, executors or administrators should be entitled to sue on the bond in his or their name or names as if the same had been originally given to him or them, and should be entitled to recover thereon as trustee or trustees for all persons interested the full amount recoverable in respect of any breach ..... by a deed of assignment dated august 14, 1932, certain officers of the court appointed for that purpose by an order of the chief justice purported to assign the bond to the plaintiff (the present respondent) 'to hold the same unto the assignee absolutely with all such powers rights and remedies as are now subsisting thereon. ..... on november 2, 1932, the plaintiff (respondent) filed the present suit claiming from the defendants, the present appellants, the sum of rs. ..... therefore this suit, instituted as it was in november, 1932, must be barred. ..... (1932), vol. 1, p. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom198; (1941)43BOMLR206
..... taraknath's case, therefore, cannot be regarded as an authority for the proposition that the attachment prevails over the contract in the sense that the purchaser under the contract takes the property burdened with the obligation to pay off the attaching creditors to the extent of the balance of the price unpaid at the time of the attachment, even though he had subsequently paid the balance to his vendor at the time of the completion of the sale. ..... observed that as the contract did not create a charge on the property, the attaching creditor had the right to bring it to sale in execution in spite of the previous sale to the purchaser who may enforce his right of specific performance against the auction-purchaser under section 40 of the transfer of property act. ..... 205 of 1932 obtained by the plaintiff against virappa. ..... thereafter the plaintiff's suit against virappa ended in a decree in his favour on september 1, 1932. ..... the sale-deed was executed on june 11, 1932, rs. ..... in that suit the plaintiff had obtained an order of attachment before judgment of this property on june 9, 1932. ..... it has been held in several cases in madras, veeraraghavayya v. ..... before that date virappa had entered into a contract on april 27, 1932, with defendant no. .....
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