Court : Mumbai
Reported in : AIR1938Bom500; (1938)40BOMLR1029
..... book, paragraph 268, it is stated-where a member of a joint family governed by the mitakshara law as administered in the bombay and madras presidencies sells or mortgages more than his own interest in the joint family property, the alienation not being one for legal necessity or for payment by a father of an antecedent debt, the other members are entitled to have the alienation set aside to the extent of their own interests therein.the words ' the other1 members ' in this sentence appear to mean members who exist ..... 596 an auction-purchaser of the undivided share of a coparcener of a joint hindu family in the madras presidency got by his purchase a mere equity to a partition of the joint family property and did not become a tenant-in-common with the other members of the family. ..... 7 of the indian limitation act runs thus :-where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all : but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the ..... (1932) mad. .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR713
..... it was held that the conduct of the plaintiff, in leaving the dock warrants, which were the indicia of title, in the hands of a vendor of the goods after he had been paid by the plaintiff as purchaser, without any change being made in the books of the dock company, did not disentitle the plaintiff from claiming for conversion against the defendants, who, in good faith, made advances to the fraudulent vendor on the security of the dock warrants thus left ..... 's certificate, or warrant or order for delivery, or any other document of title to goods, may make a valid pledge of such goods or documents : provided that the pawnee acts in good faith, and under circumstances which are not such as to raise a reasonable presumption that the pawnor is acting improperly :provided also that such goods or documents have not been obtained from their lawful owner, or from any person in lawful custody of them, by means of an ..... -which as a general proposition cannot be contested-that the mere possession of the property of another, without authority to deal with the thing otherwise than for the purpose of safe custody, as was the case here, will not, if the person so in possession takes upon himself to sell or pledge to a third party, divest the owner of his rights as against the third party, however innocent in the transaction the latter party may have been.the chief justice adds that if it were held that ..... 178 of the indian contract act, 1872, as interpreted in official assignee of madras v. ..... 1932 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom231; (1938)40BOMLR324
..... it is a well established principle to be applied in the construction of acts of parliament that where a certain construction has been placed by the courts upon words in an act, and that act is subsequently re-enacted in a later act which uses the same words, the legislature must be taken to have known of the construction placed upon the old act and to have intended to adopt it, unless there is something in the rest of the act which negatives such a conclusion. ..... mesne profits arose from distinct causes of action, but under order ii, rule 4, the plaintiff was entitled to join both claims in the suit, and under order xx, rule 12, the court could have granted an inquiry as to future mesne profits and subsequently given a decree for the amount found due, the plaintiff being entitled to claim, as he did, future mesne profits in the first suit, and the decree being silent as to such mesne profits, it is argued that section 11 read with ..... in 1932 he filed the present suit for mesne profits from the date of the decree in the previous suit till delivery of possession. ..... the high court of madras in doraiswami v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom372; (1938)40BOMLR461
..... section 68, so far as material, provides :-an occupant is entitled to the use and occupation of his land for the period, if any, to which his tenure is limited, or if the period is unlimited, or a survey settlement has been extended to the land in perpetuity conditionally on the payment of the amounts due on account of the land revenue for the same, according to the provisions of this act, or of any rules made under this act, or of any other law, for the time being in force, and on the fulfilment of any other terms or conditions lawfully annexed to his tenure. ..... terms :-when a survey settlement has been introduced under the provisions of the last section or of any law for the time being in force, into an alienated village, the holders of all lands to which such settlement extends shall have the same rights and be affected by the same responsibilities in respect of the lands in their occupation as occupants in unalienated villages have, or are affected by, under the provisions of this act, and all the provisions of this act relating to occupants and registered occupants shall be applicable, so far ..... nagindas (1932) 35 bom. l.r. ..... nagindas (1932) 35 bom. l.r. ..... nagindas (1932) 35 bom. l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom295; (1938)40BOMLR381; 175Ind.Cas.939
..... according to the madras high court, in such cases the contract of the father should be regarded as the contract of the sons, and therefore the period of limitation against the sons would be the same as the period of limitation against the father [periasami mudaliar v. ..... with regard to the antecedent debts the mortgage would have effect on the minor sons' interest in the property, but with regard to the; cash advance, they would not be bound by the debt as a mortgage debt, but their interest in the property would be liable for that debt by virtue of the fact that it is a debt of the father, and the sons' liability would not, therefore, be regarded as a mortgage liability but as one to have their interest in the property proceeded against in execution of a money decree against the father. ..... we agree with this decision inasmuch as it lays down that the privy council decision in the benares bank case cannot be said to have overruled the argument that the sons' interest would be bound even in the case of a new business started by the father on the ground of the pious obligation of the sons to pay their father's debts. ..... 1068] but that difference of the opinion does not affect the present cage, because it is rightly conceded that the period of limitation in the present case far the personal liability of the father under the registered mortgage-deed is six years under article 116 of the indian limitation act. ..... (1932) all. ..... (1932) all. .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR343
..... thereupon the company applied to the commissioner requesting him to refer the matter to the court under section 66 (2) of the act, and he has accordingly submitted with a statement of the case the following question of law :-whether in the circumstances of the case, the income-tax officer has correctly computed the depreciation allowance under section 10(2) (vi) of the act on the original cost to the assessee company itself, notwithstanding the fact that it was being assessed under section 26(2) of the act as the successor to the partnership firm known as the mazagaon dock.mr. ..... the high court of madras considered that the original cost to the assessee referred to in that sub-section was the original cost to the vendor and not to the actual assessee, whereas this high court and the high court of patna had held that the original cost was the original cost to the actual assessee, viz. ..... (1932) pat. ..... (1932) pat. .....
Tag this Judgment!Court : Mumbai
Reported in : [1938]6ITR124(Bom)
..... to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the following year and deemed to be part of that allowance, or there is no such allowance, for that year, be deemed to be the allowance of the at year, and so on for succeeding years; and(c) the aggregate of all such allowances made under the act or any act repealed hereby, or under the indian income tax act, 1886, shall, in no case, exceed the original cost to the assessee of the buildings, machinery, plant or furniture ..... but, as was pointed out in the course of the judgment of their lordships, in 1921-22 the year subsequent to the amalgamation, the company was in fact assessed upon the entire profits of the five companies as having succeeded to their business, and during the assessment the company claimed to deduct depreciation on the buildings and machines calculated on the original cost thereof to the five companies, but this claim was disallowed, and depreciation calculated not the written down cost, namely, the actual cost to the company only was allowed. ..... the high court of madras considered that the original cost to the assessee referred to in that sub-sections the original cost to the vendor and not the actual assessee, where as this high court and high court of patina had held that the original cost was the original cost to the actual assessee, viz. ..... (1932) pat. ..... (1932) pat 12. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom298; (1938)40BOMLR394
..... he further says that the cases in the madras high court relied upon by the court in sahebgouda somappa v. ..... for instance, if the widow sold a larger portion of the estate than was necessary to raise the amount which the law authorized her to raise, the sale cannot be absolutely void as against the reversioners, but they could only set it aside by paying the amount which the widow was authorized to raise with interest from her death, the defendant accounting for rents and profits from the same period'. ..... where the sale is justified as to part of the consideration and not justified as to another part, the reversioner may obtain a decree that he is entitled after the death of the widow to recover the whole property sold on payment of such portion of the consideration as represents the money borrowed for a legal necessity. ..... 964), in general where a conflict arises between the reversioner and the alienee of the widow, the question is simply whether the alienation was for a lawful and necessary purpose or not. ..... it is argued by him that it is not necessary for a reversioner to sue a purchaser from a hindu widow to set aside the sale or alienation made without any legal necessity, and that he can straightaway bring a suit for possession under article 141. ..... under the mayukha she can dispose of moveable property by act inter vivos. ..... 73 of 1932, decided by beaumont c.j. .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR1123
..... for which there is no authority, and that question is : what is the suit in the case of an award made without the intervention of the court and filed under paragraph 20 of the second schedule to the civil procedure code is it the reference, or is it the award, or is it the reference and the award together, which would constitute the suit paragraph 20 of the second schedule of the civil procedure code provides :(1) where any matter has been referred to arbitration without the intervention of a court, and an award has been made thereon, any ..... duties and forfeitures, and all cesses, profits from land, emoluments, fees, charges, penalties, fines, and costs payable or leviable under this act or under any act or regulation hereby repealed, or under any act for the time being in force relating to land revenue :and all moneys due by any contractor for the farm of customs-duties, or of any other duty, or tax, or of any other item of revenue whatsoever and all specific pecuniary penalties to ..... quite clear that proceedings, to recover the arrears due under the contracts as an arrear of land revenue were taken at least some time before 1932, and in january, 1932, the sale was actually held ; and in fact the correspondence shows that some process must have issued towards the latter end of the year 1931. ..... 495, where the decisions of the madras and calcutta high courts on ..... on the other hand, a different view is taken by the bombay and the lahore high courts, and in madras the decisions are not .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom311; (1938)40BOMLR365
..... he admitted that he was in the management of the temple, but he asserted that the temple was founded by certain persons of the gowd saraswat community at kumta, that the practice was that it was to be managed by the tens or the panchas of kumta of which he was the chairman, that the usage of the temple both before as well as after the religious endowments act and for the past one hundred years or more was that the manager of defendant no. ..... maintainable as against him under section 14 of the religious endowments act which says that ' any person or persons interested in any temple, or in the performance of the worship or of the service thereof, or the trusts relating thereto, may sue before the civil court the trustee, manager or superintendent of such temple or the member of any committee appointed under this act, for any misfeasance, breach of trust or neglect of duty, committed by such trustee, manager, superintendent or member of such committee, in respect of the trusts vested in, or confided to them respectively ..... but if the learned judges thought that the plaintiffs could file a suit under section 14 against a person whom they alleged to be a trespasser or intruder in the right of management, with great respect to them, i think that is not so, and the view taken by the madras high court in sabapathi v. ..... 24 of 1932 is dismissed with costs. ..... 25 of 1932 will be allowed with costs throughout in favour of defendant no. .....
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