Court : Mumbai
Reported in : AIR1938Bom257; (1938)40BOMLR202
..... 215 of the report in dealing with that contention their lordships say as follows :-the first contention is to the effect that in considering the question of the genuineness or otherwise of the document of 1272 the courts below have ignored the presumption which arises under section 90 of the evidence act from the fact that the document purports to be more than 30 years old, and that if that presumption had been relied upon the said courts would have been in a position to hold that the document is a genuine one. ..... thereafter on july 4, 1932, in response to the court's question the defendant submitted his supplementary statement (exhibit 81) as follows :-about the year 1883 the plaintiff's grandfather rudragouda, took his one-third share in the entire property of the family and went to live separately from basangouda danapagouda and venkangouda ningangouda who were full brothers by birth, who never divided between them the remaining two-thirds of the family property and who continued to live as members of a joint family until the death of venkangouda .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR180
..... even where a particular loan is not found to be authorized by the order granting the sanction, the person dealing with the minor's guardian is not prevented from showing that the loan was advanced for necessity, and if he is able to establish the existence of the necessity for the amount and if he is able to show that he has acted bona fide, the application of the loan so advanced for the particular purpose will not have to be shown by him, as he is not bound to see to the application of the moneys, even under the general hindu law. ..... the view taken by the lower court and urged by the respondent's learned advocate is that as the sanction authorising the mortgage itself gave a direction to-the guardian to invest the balance in government securities and not to apply it for another purpose without the order of the court, and as the plaintiff admits that the representation made to him by the guardian was that he was going to apply the balance towards payment of another decree at sholapur, the plaintiff was a party to the violation by the guardian of the terms of the sanction itself, and, to that extent his ..... the present suit was filed by the plaintiff on november 15, 1932, to recover about rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom108; (1937)39BOMLR1214; 173Ind.Cas.766
..... to sue for dissolution of a firm or for accounts of a dissolved firm, and it is said (that the further reference to the realisation of the property of a dissolved firm must be read as covering only the case of realisation with a view to a dissolution or winding up of the firm, and would cover for instance the recovery of debts by a receiver appointed in a partnership suit, and it is further argued that the words ought not to be given the much wider meaning of covering any suit to recover a debt due to a dissolved firm brought by any ..... the scheme of the act as to registration is to give any firm a right to register, disclosing the particulars required by the act, and then section 69 is designed to encourage registration by imposing a disability in the case of firms which are not. ..... the learned judge held that even if the dissolution of the partnership were proved, nevertheless the suit would not lie, having regard to section 69 of the indian partnership act, and the question is whether that decision is right.2. ..... the learned subordinate judge was not prepared to accept that view, because he thought that a debt due to a firm would not come within the definition of the property of a firm contained in section 14 of the act. ..... section 69 of the indian partnership act forbids the bringing of suits in respect of partnerships which have not been registered under the act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR1
..... the appellate court, on the other hand, thought that the nature of the fund must be taken to have changed by the time of pethaperumal's death owing to his acquiescence in the dealings by the insolvents, and that only so much of the fund as was then invested outside the insolvents' firm could be treated as a trust fund in their hands, but that qua the larger part of it which had been utilised in the insolvents' business there was no fiduciary relationship remaining. ..... these consolidated appeals arise out of a petition presented by murugappa chetti and his brother ramaswami chetti (since deceased and now represented by his widow minakshi achi) in certain insolvency proceedings in the madras high court. ..... murugappa chetti and minakshi achi should be allowed, that the order of the appellate court dated august 30, 1933, should be set aside and that of the lower court dated may 9, 1932, restored, and that the appeal of the official assignee should be dismissed. ..... there is nothing whatever to show that pethaperumal had full knowledge of the facts (see section 198 of the indian contract act which admittedly applies). ..... it is also at least doubtful whether what the agents did could be regarded under the circumstances as acts done on his behalfsee per lord maugham in imperial bank of canada v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR1051
..... on any officer who shall have served the company for the full consecutive period required of him by these rules leaving the service of the company, the company will pay to him the aggregate amount of his share in the various bonuses that may have been credited to the fund by the company, during the period of his service with the company.5. ..... the directors of the company for the time being shall have full discretion as to which of the officers or employees of the comp-any shall from time to time be eligible for the benefit of this fund, and as to any alteration or addition to these rules, and the decision of the directors on such points, and as to the meaning of these rules, and on all other matters in any way connected with the fund or the administration of same shall be final and conclusive.4. ..... 36,794 paid to the respondent in 1932-33 was income liable to tax or was a capital sum exempted under the section 4(3)(v) of the act or other-lowndes wise. ..... the learned judges, in the madras high court by whom the case was heard have-not unreasonably, as their lordships think-differed in their conclusions and in the reasoning upon which those conclusions were arrived at.2. ..... madras all interest accruing on the fund shall be dealt with in the manner provided in the next rule and as if such interest was a bonus allotted by the company.2. .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR1014
..... it has been decided in law that the succession to the taluqa is governed by the oudh estates act of 1869 and in particular by section 22(70), which, as amended in 1910, devolves the succession on ' the nearest male agnate according to the rule of lineal primogeniture'; that the expression ' male agnate,' as here used, is to be construed according to ' the ordinary law which would govern the succession apart from the statute-in this case the hindu law of succession according to the rules of the mitakshara;' and that according to this law ''male agnate' denotes a 'gotraja ..... ' it was ultimately agreed by both parties,' as recorded in the judgment of the board of march 8, 1932,' (a) that if in fact the propositus was of the vaiyaghra gotra and the plaintiff was of the atri gotra this difference of gotra necessarily led to the conclusion that the plaintiff is not an agnate, i.e. ..... his majesty in council was pleased on march 17, 1932, to order that the case ' be remitted to the chief court of oudh in order that the plaintiff may have the opportunity of establishing the identity of his gotra with that of raja suraj prakash singh, because upon this issue his success or failure: in his claim to the taluqa will now depend.7. ..... their lordships will accordingly humbly advise his majesty that the appeal be dismissed, and that the judgment of the chief court of oudh dated december 19, 1932, be affirmed. .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR997
..... to prejudice the safe and proper conduct of the business of the company and therefore to justify immediate dismissal.21. ..... when he observed that in such cases one must apply the standards of men and not of angels and remember that men are apt to show temper when reprimanded, placing, however, all proper weight on these considerations their lordships have yet to determine in view of the facts found by the trial judge, apart of course from the vital finding that the circumstances justified dismissal, whether the misconduct of the respondent was not such as to interfere with and ..... were any doubt as to the real meaning of the respondent's conduct at: the interview, it would be removed by the letter written by his attorneys (on january 13, 1932), after his dismissal. ..... committing a single act of negligence; on the other, their lordships would be very loath to assent to the view that a single outbreak of bad temper, accompanied it may be with regrettable language, is a sufficient ground ..... on the one hand it can only be in exceptional circumstances that an employer is acting properly in summarily dismissing an employee .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom1; (1937)39BOMLR1115
..... her selection and then the junior widow adopted that boy without the consent of the senior widow, and the question, therefore, was whether the adoption by the junior widow without the consent of the senior widow of a boy, who had previously been selected by all the widows for adoption, could be supported against the wish of the elder widow, and on those facts it was held that there was no complete adoption until the mutual acts of giving and receiving the child were accomplished, and ..... until that took place there was necessarily a locus penitentice for the ..... senior widow of which she may avail herself, although contrary to the wishes of the other widows,: by changing her mind and .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR933
..... , their lordships find themselves in agreement with the conclusion which the learned chief justice reaches ' that the only construction which it is possible in law to put upon the deed of-1888, notwithstanding the language of certain passages therein, is that there is a charge for the upkeep, worship and expenses of the idol, and that the idol cannot claim to have an absolute interest in any portion of the property which is governed by the provision that tenanted houses should be built on the land for the increase of the income of the trust. ..... of dedication with these considerations in mind, and they have been much assisted by the careful analysis to which its provisions have been subjected by the learned chief justice, they have no difficulty in agreeing with his conclusion that the deed effectively dedicated to the service of the idol the thakurbari, or building in which the idol is located, at 30, beniapukur road on the entally land and also the shebait's house there, subject only to the question, to be dealt with later, of satya's claim under the indian limitation act.11. ..... the result is that their lordships will humbly advise his majesty that the appeal be dismissed and the decree of the high court dated may 13, 1932, and filed september 3, 1932, be affirmed. .....
Tag this Judgment!Court : Mumbai
Reported in : [1937]5ITR270(Bom)
..... less than half the issued share capital of the appellant company, which no doubt facilitated the negotiation of the terms.by the agreement which was dated february 19, 1932, and made between the communications company and the appellants, it was recited that the parties had agreed that the future operation and control of the business in india of the combined undertaking could be conducted more conveniently and to their mutual advantage if possession of the combined undertaking was given to the appellants and the business was conducted by the appellants in connection ..... 7(a) the communications company undertook :'so to uphold and maintain the communications including cables, land lines and radio services from time to time belonging to it outside india and shors ends and cable-connections therefrom to the cable offices in bombay and madras as to keep its system in good working order and up to the standard of efficiency required for fast communications, act of god, governments and peoples, civil commotions, strikes and lockouts alone excepted. ..... prior to the date of the agreement of 1932, out of which the present problem arises, the appellant company carried on in india the business of communication by wireless, whilst a company known as the imperial and international communications ltd. ..... 5 of the agreement, dated the day of february 19, 1932, viz., rs. .....
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