Court : Mumbai
Reported in : AIR1941Bom247; (1941)43BOMLR293
..... the plaintiff's case is that the agreement was finally concluded in bombay on july 7, 1936, when as the result of a conversation between one nandurdikar, a broker acting for the plaintiff, and sir shapurji billimoria, one of the liquidators, and of a further conversation between nandurdikar and the company's solicitor manekshaw the terms of the bargain were all settled and a draft agreement containing these terms was. ..... order i, rule 3, as well as section 27 of the specific relief act would permit the joinder of all these defendants provided that the court has jurisdiction to try the suit as against them all. ..... neither the draft agreement nor the engrossment was signed by either party, and after several more meetings between nandurdikar and manekshaw, the latter, acting under instructions from sir shapurji, declined to proceed further and said that the negotiations were at an end. ..... the vendor has not received any notice for the acquisition of the property under the land acquisition act. ..... the subsequent purchasers were made parties under section 27(b) of the specific relief act.3. ..... some of them may be said to be matters of form, that is terms which would have been implied anyhow under the transfer of property act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom71; (1940)42BOMLR1113
..... the declaration in the decree as to the charge on the property in favour of the decree-holder in order to secure repayment of the amount of the decree has the effect of protecting them against any transfer of the property by the judgment debtor and not of reducing or modifying the right which the plaintiffs have got in virtue of the direction that the defendant should pay the amount.it is to be noted, however, that the only question before the court there was whether the property charged could be sold in execution of the decree or whether a separate suit was necessary. ..... in every case it must be essentially a question of construction of the decree, but unless the contrary appears, we think the ordinary rule should be that when a charge is created by act of parties the specification of the particular fund or property negatives a personal liability and the remedy of the holder of the charge is against the property charged only or at any rate against the property charged in the first instance. ..... the first instalment should be paid before the end of july 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom233; (1941)43BOMLR114
..... the hindu wills act of 1870, which applied to the territories under the lieutenant-governor of bengal and the cities of bombay and madras, no doubt mentioned jains as well as hindus as being governed by certain sections of the succession act of 1865, but the indian succession act of 1925 was a consolidating act which repealed the previous act of 1865 as well as the hindu wills act of 1870. ..... the word 'school' here evidently refers to the bombay school on the one hand and the benares and the madras schools on the other. ..... it is contended that the law propounded by mayukha is different from the law of mitakshara and cannot be said to be included in it; mayukha being the overriding authority in gujarat and north konkan, it has superseded in those parts of the bombay province the mitakshara law which applies to all other parts of the province, and the legislature has confined the operation of the act to those places which are subject only to the law of mitakshara. ..... the plaintiff was the natural brother of rajaram, but the latter was adopted by his maternal grandfather and he therefore became his sister's son, rajaram died on june 10, 1932, without leaving a widow or any issue, and the dispute arose about his property which was claimed by the plaintiff against defendant no. ..... (1932) 57 bom. ..... (1932) 57 bom. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom1; (1940)42BOMLR1016
..... as i have said, i think the madras decision was wrong, and under the plain words of the indian registration act this compromise decree, which involved land not the subject-matter of the suit, required registration.6. ..... the first point taken by the appellant is that the decree required registration under section 17 of the indian registration act, and that, not having been registered, it cannot create any mortgage interest in the plaintiff, nor is the court at liberty to look at it as creating a charge on the immoveable property, that being the effect of section 49 of the act. ..... been the subject-matter of the order for attachment before judgment which is mentioned in the decree (and i will assume that to be so, though the record does not establish it); that the application for attachment before judgment was a proceeding, that an order made on that proceeding had, as its subject-matter, the land in question, and that such order did not require registration; and that as the compromise decree extends the attachment, thq effect is to make the land attached the subject-matter of the ..... the suit in which this darkhast arises is an ordinary money suit, and on july 7, 1932, there was a compromise decree. .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR372
..... two other matters were argued on the preliminary objection, first, whether a decision on a reference under section 66(2) of the indian income-tax act is 'a judgment, decree, or final order' within the meaning of those words in section 205; secondly, whether the certificate given as above mentioned on june 17, 1935, under section 66a of the indian income-tax act is not a sufficient proof that the certificate under section 205 of the government of india act (if the section was applicable) had been withheld. ..... a general view of the financial position since 1932 as on december 31 of each year can be gathered from a table contained in the statement which is as follows:-accounting year. ..... rs.1932 . . . . . . ..... sale of shares and securities are so much linked with the deposits and withdrawals of clients that with the existing articles of association the purchase and sale of shares and securities are as much part of the assessee's business as receiving deposits from clients and paying them off are, and therefore, the profits which arise from the former transactions are as much business profits i as the profits arising from the latter transactions are.there can be no doubt that there .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom77; (1940)42BOMLR1185
..... if, therefore, upon the pleadings, the fraud alleged was a fraud by the parties to the suit on the court in obtaining an order of reference and the order making the award the decree of the court, the question is whether such a collusive conduct in a judicial proceeding can be made the basis of an action to nullify a judgment of that court, that aspect of the case does not seem to have been clearly appreciated in the court below, which proceeded to consider the evidence led by the plaintiff as to the nature of the claim on the promissory-note and the agreement between the parties to refer ..... the difference between a compromise decree and an award decree is this: that while the former is the result of the agreement of the parties with the court's seal of approval, the award is the act of a court or a tribunal set up by the parties of their own choice and is independent of the agreement of the parties. ..... 53 of 1931 between the parties on april 1, 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR459
..... on may 10, 1935, the respondent was appointed receiver of the insolvent's property under section 59 of the act, and on august 26, 1935, the respondent instituted the present suit in the district court of thaton by a petition praying that the appellants' mortgage might be held null and void. ..... lastly, there are exhibits c.i and c.2, the commissioner's report and memo, dated march 14, 1933, made in the course of the insolvency proceedings, initiated against the insolvent by another creditor at devacottai, in which it is clearly stated that the insolvent's vakil informed the commissioner on march 11, that the insolvent, who was to be examined as a witness, was suffering from mental derangement and could not, therefore, be examined.11. ..... besides, the existence of such a power in 1928 would be totally inconsistent with exhibit 2a (read along with exhibit la) which is a letter written by swaminathan on may 12, 1932, stating that as he was leaving for the country by the next day the letter was given as an authority to nagalingam to carry on debit and credit transactions as per instructions. ..... on such denial, the respondent asked the court for an order calling upon the appellants to produce the press copy book of correspondence from april, 1932, to december, 1933. ..... in may, 1932, swaminathan also went to india, leaving the business in charge of the insolvent's son valliappa, who was then a minor under the age of eighteen years.3. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1942Bom391; (1940)42BOMLR895
..... for the spiritual welfare of the souls of his deceased ancestors by the continuance of the line and the solemnization of the necessary rites, and that therefore the validity of adoptions must be determined by spiritual rather than temporal considerations, and as the jains do not believe that a son either by birth or adoption confers spiritual benefit on the father, and do not observe the obsequial ceremonies prescribed by hinduism in connection with the dead, there is no foundation in the tenets of the jain religion for the application of the principle laid down by the privy council in the ..... a daughter was born to bhomshetti after his death and in accordance with the direction of bhomshetti the plaintiff was taken in adoption by jankibai in 1932, a deed of adoption being executed the same day. ..... probably an attempt will be made to distinguish it from cases of adoption in communities such as jains amongst whom it is held to be a purely secular act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR993
..... indap 342 the board stated the requirement as being ' that the disposition made must be substantially understood and must really be the mental act as its execution is the physical act of the person who makes ..... their lordships must accept the concurrent finding of the indian courts that the lady did not understand that she was incurring personal liability for the loan and on this view must dispose of the case on the footing that the mortgage deed did not bind her ..... dhara sundari debi chowdhurani : this is pointed out and the ' proper and necessary test' was held to have been applied by the subordinate judge who had found ' that the lady had sufficient intelligence to understand the relevant and important matters, that she did understand them as they were explained to her, that nothing was concealed and that there was no undue ..... the appellant has not shown to their lordships any ground for dissatisfaction with the orders of the trial judge upon his belated written statement of november, 1932- orders which have been already detailed in ..... he filed a written statement on november 14, 1932, of which paragraphs 5 to 7 setting up an interest of third parties in the mortgaged property was struck out by order of ..... on september 8, 1932, before the trial and the appellant was substituted in her place on september 13, 1932. ..... after her death in september, 1932, the appellant, who had filed no written statement on his own account, asked leave on november 1, 1932, to file a new written statement as .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR990
..... seven issues were framed, but for the purpose of the present appeal, only the first is material and was the only one argued, namely ' was the bond in suit executed for consideration and is it not binding on the defendants ' the case made for the defendants was that the original mortgage was not made for any legal necessity, but to procure money to enable the mortgagor to pursue a course of immoral living and debauchery, and that the true consideration was not rs. ..... but in the opinion of their lordships the onus of proof on the question, whether there was consideration, or whether the full consideration stated in the mortgage had in fact passed, is wholly on the defendants and it is not for the plaintiffs to prove this matter affirmatively; on the other hand when the question is whether there was legal necessity for the borrowing, the onus of proving that there was is on the plaintiffs. ..... in their judgment the high court said:-' we are of opinion that the burden of showing that consideration had passed under the mortgage of 1892 had been discharged by the plaintiffs and the defendants did not produce any satisfactory evidence to show that the money was returned to the mortgagee '. ..... on september 30, 1932, the respondent khetpal in whom the mortgage was then vested assigned all his rights therein to the father of respondents nos. .....
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