Court : Mumbai
Reported in : (1938)40BOMLR1109
..... the ground that from 1921 to 1928 their advances exceeded the limit imposed (by article 73 of table a) upon the powers of the directors of pratts the official liquidator resists the proof, notwithstanding that at the time of the liquidation (and indeed for three years before) the balance due was within the ..... the particulars as to the directorates of the three companies concerned are stated in tabular form : the figures of shares held are as at the time of the winding-up of pratts in 1932 ..... directly or indirectly concerned or interested,; and if he does so vote, his vote shall not be counted : provided that the directors or any of them may vote on any contract of indemnity against any loss which they or any one or more of them may suffer by reason of becoming or being sureties or surety for the company, (2) every director who contravenes the provisions of sub-section (1) shall be liable to a fine not exceeding one thousand rupees. ..... was inserted into the indian companies act (vii of 1913) by act xi of 1914 and at the time of the transactions now in ..... the main though not the sole objection taken to the sassoon company's claim under these instruments is that the directors of pratts were disqualified under section 91b of the indian companies act from entering into them on behalf of pratts ..... the information which is material was really public property as-certainable without difficulty by anyone under section 87 of the act ..... which was registered in 1919 under the indian companies act, 1913.. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom422; (1938)40BOMLR952
..... that, however, is not material because the ground for interfering in review is not the discovery of any new fact but the existence of an error which is apparent on the face of the record, the error being that the court has been misled into making an order which is contrary to the statute.5. mr. ..... it appears to me that the decree of the court does enforce the award and give effect to it, and obviously before the court can take action according to the provisions of the second schedule, the award must be looked at as evidence and that itself is prohibited by section 49. ..... it was not brought to the notice of the court however that the award has not been registered, and we can only suppose that the learned counsel engaged in the appeal had not realised the significance of the fact. ..... if the court files an award which is compulsorily registrable and has not been registered and makes it a decree of court, it is acting contrary to the provisions of section 49 of the indian registration act.8. ..... if the attention of the court had been drawn to the fact that the award was not registered, a great deal of the time of the court and also much expense to the parties would have been saved. ..... during these criminal proceedings the award was produced in court as an exhibit on december 2, 1932. ..... the date of the award is august 14, 1932. ..... on december 8, 1932, defendant no. ..... narottam datt (1932) 30 a.l.j.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom492; (1938)40BOMLR1015
..... or assessment the khata kul had ..... the special features of these tenancies have been summarized in paragraph 23 of the judgment of the district judge as follows :-(1) the names of the khata kul are entered in the kamal patrak whereas the names of the annual tenants of the sheri or khas kamat lands of the inamdar are not so entered ;(2) rent or assessment due from such tenants is collected by the village officers and not directly by the inamdar himself whereas rents of the khas kamat lands are not collected by them, but were collected by the inamdar himself ;(3) in addition to the rent ..... jahagirdar then argued somewhat inconsistently that as the watan act only prohibits alienations beyond the lifetime of the incumbent and the plaintiff by accepting the rent from the defendants may be said to have created a new tenancy, it is therefore valid for the duration of his own life. ..... 107 of 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom360; (1938)40BOMLR497
..... the learned judge relied on the following matters : first, that a notice was served by the lessors on the assignee determining the lease and forfeiting it; secondly, that a resolution was passed by the lessors which recites that the assignee was the present lessee and sanctioning the filing of a suit against him ; and, thirdly, that in the plaint filed by the lessors against the assignee they referred tothe assignee: as the lessee under the lease. ..... what is the evidence of the ' something more ' in this case the learned counsel for the respondents relied on certain statements made by the lessors in the plaint in the previous suit, on a resolution stating that dayabhai, the assignee, was the ' lessee ', and also on the fact that the notice of forfeiture was served upon the assignee and rent was claimed from him. ..... section 108(j) of the transfer of property act runs as follows :-the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. ..... 175 of 1932 against the assignee and proceeded to judgment against him, the plaintiffs are precluded from making any claim in respect of arrears of rents and municipal taxes in respect of the demised premises against the defendants. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom508; (1938)40BOMLR1001
..... but by no stretch of language can such an account be said to be an account of the amount remaining unpaid on the mortgage, for the whole amount due on the mortgage has, according to the findings of the lower courts which are binding on us, already been paid by defendant no. ..... so far as the provisions of the transfer of property act are concerned, therefore, and so far as procedure under the civil procedure code is concerned, there may be little difference between a mortgage and a charge and in certain circumstances the owner of property may be entitled to bring a suit in the nature of a redemption suit against the person who holds a charge thereon. ..... this section provides as follows in the first clause thereof :-any of the persons referred to in section 91(other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sale of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee. 5. ..... 38] that section 92 is to be regarded as retrospective, as against the view taken by the high courts of madras, patna and rangoon, kanjee and mooljee bros. v. ..... (1932) ran. ..... (1932) mad. ..... (1932) all. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom469; (1938)40BOMLR935
..... provides that on the making of an order of adjudication, the property of the insolvent shall vest in the official assignee, and then it directs that no creditor to whom the insolvent is indebted in respect of any debt provable in insolvency shall, during the pendency of the insolvency proceedings, have any remedy against the property of the insolvent in respect of the debt or shall commence any suit or other legal proceeding except with the leave of the court.3. ..... was adjudicated insolvent on february 4, 1932, that is more than two years after the date of the trust-deed, and, therefore, the trust-deed cannot be attacked under section 55 of the presidency-towns insolvency act, 1909.2. ..... point is taken that costs which were allowed to the defendants under schedule iii of the bombay pleaders act, 1920, should be limited to one-fourth of the full amount, because it is said that the suit did not decide on the merits the real dispute between the parties. ..... is arguable on the language of the section that a suit such as this is not as suit against the property of the insolvent, because it is a suit against a third party in whom is vested property, which, the plaintiff says, ought to be vested in the insolvent or his trustee in bankruptcy ; it is a suit therefore to increase the assets available for the payment of the insolvent's debt ..... no authority has been cited to us in support of that view of the section, and it is opposed to a decision of the high court of madras in vasudeva kamath v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR767
..... a decree making the trust estate liable for the whole of the plaintiff's debt; but it is contended on the part of the plaintiff's representatives that the raja as settlor had a right against the trustee to require him to pay off the debt of anamalai; that he had by the bonds in suit represented that the plaintiff would have a charge upon the whole value of the jewels as the trust estate would pay off anamalai; that accordingly the plaintiff had the right as equitable assignee of the settlor to call upon the trustee to discharge anamalai ..... the objection on behalf of the appellant is that by the raja's evidence, given on commission in january, 1903, it is proved that the promissory note was given, but it is not proved that there was any stipulation for a fresh advance, and that accordingly this portion of the principal amount of the second bond is not recoverable unless, indeed, it be brought within clause 3 of section 25 of the indian contract act. ..... the result is that in their lordships' view the appeal brought by ramanathan chettiar and others pursuant to special leave granted by order in council dated june 10, 1932, should be dismissed and the other two appeals (brought by the representative of the first defendant) should be allowed. ..... the decree dated september 12, 1917, of the trial judge was modified in certain respects by the high court of madras whose decree dated april 26, 1928, disposed of eleven appeals brought by diverse parties. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom1; (1938)40BOMLR1134
..... the argument on behalf of the appellants is that the decisions of the privy council as also of the indian high courts have introduced a new rule of limitation or exclusion of time outside the strict letter of the law in the indian limitation act, and the rule is that on certain equitable grounds the court will be justified in departing from the grammatical meaning of the words in the statute and disregarding the period of limitation fixed in the third schedule of the act, and in holding that the cause of action was suspended, even if the case does not fall within the specific provisions ..... section 9 of the indian limitation act provides that when once time has begun to run, no subsequent disability or inability to sue stops it, and it is in order to avoid the difficulty created by this section that very strenuous efforts have been made by the plaintiffs to show that limitation did not really begin to run against them till the date of the privy council decision, that is november 4, 1932, or till the date on which the defendant filed suit no. ..... in the same volume there is a decision of the madras high court, singara-velu mudaliar v. ..... the question was considered by a full bench of the madras high court in muthu korakkai chetty v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR735
..... whether the position is in any way different in the provinces of bengal, bihar, agra, assam, under the act of 1887, or in madras under the similar language of act iii of 1873, is the question at issue. ..... this decision of the high court does not proceed upon the view that the question concerning dower in the present case is not one ' regarding marriage ' ; nor do they in the end dispute that the substantive law applicable to questions of dower under the act of 1887, is the mahomedan law of the school or sect to which the parties belong. ..... to after marriage ; whether in whole or in part it is to be deemed to be ' prompt' or ' deferred' ; whether prompt dower is payable on demand or otherwise ; whether non-payment of prompt dower is a defence to a husband's suit for conjugal rights before consummation; or after consummation ; whether the promise of an excessive sum as dower can be enforced ; whether the wife is a mere unsecured creditor for dower; whether a widow having obtained possession of her husband's estate in lieu of dower has a right to retain possession until ..... in the provinces of oudh, the punjab, the central provinces, the north-west frontier province, and ajmere merwara, ' dower ' is one of the topics expressly mentioned by the act which regulates the civil courts as subject-matters to which, in cases where the parties are mahomedans, the maho-medari law is to be applied as' the rule of decision. ..... kaniz sakina (1932) i.l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom347; (1938)40BOMLR478
..... 32 of the act, which provides that in a suit for infringement of a patent the court may certify that the validity of the patent came in question, and if the court so certifies, then in any subsequent suit in that court for infringement of the same patent the plaintiff, on obtaining a final order or judgment in his favour, shall, unless the court trying the suit otherwise directs, have his full costs, charges and expenses of and incidental to the said suit properly incurred.19. accordingly i certify that the validity of the ..... section 63(3) of the act permits the person registered as the proprietor of a patent to assign the patent, and section 2(12) defines 'patentee' as the person for the time being entered on the register of patents kept under the act as the grantee or proprietor of the patent. ..... it provides that at any time not less than four years after the date of a patent granted under the act, any person may apply to, the governor general in council for relief under the section on the ground that the patented article or process is manufactured or carried on exclusively or mainly outside british india. ..... on september 10, 1932, the plaintiffs applied far leave to amend the indian patent in order to bring that patent into conformity with the english patent. .....
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