Court : Mumbai
Reported in : AIR1937Bom262
..... case, section 251 must be read in connexion with certain other sections of the contract act,-section 187 which says that an authority is said to be implied when it is to be inferred from the circumstances of the case, the second part of section 188 which says:an agent having an authority to carry on a business has authority to do every lawful thing necessary for the purpose, or usually done in the course of conducting such business;and section 237 which says:when an agent has, without authority, done ..... acts or incurred obligations to third persons on behalf of his principal, the principal is bound by such acts or obligations if he has by his words or conduct induced ..... raghuvirdasji a.i.r 1932 bom. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom201; (1937)39BOMLR332
..... applying the madras decision to the present case, it is not contended for the appellant that there is any claim or question to or respecting property directly or indirectly involved in the appeal which is of the required value unless the subject-matter of the suit in the court of first instance with mesne profits up to the date of the suit is of that value. ..... awarding relief in respect of the particular object matter of the suit affects rights in other properties, clause (2) would apply : also if the matter in dispute is one which is incapable of valuation as in the case of easements, clause (2) may apply :....finally he refers to 'a few illustrations from the decided cases 'to' make the matter plain,' viz, to illustrations of cases where the 'value of the subject-matter of the suit in the court of first instance,' or 'the value of the subject-matter in dispute on appeal,' could be differentiated from 'the value of the property, some claim or question ..... here the act of the defendant consisted in taking objection to the low valuation of the plaintiff and in getting the suit tried by a court of higher jurisdiction on the allegation that the subject-matter of the suit was worth rs. ..... (1932) all. ..... 31 of 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom326
..... applying the madras decision to the present case, it is not contended for the appellant that there is any claim or question to or respecting property directly or indirectly involved in the appeal which is of the required value unless the subject matter of the suit in the court of first instance with mesne profits up to the date of the suit is of that value. ..... 9,765-5-6 by the plaintiff,-the value for purposes of jurisdiction being the same as the real value,-he was precluded from contending before us that the real value of the subject matter of the suit in the court of first instance at the time when the plaint was-filed, was more than the value of the suit declared by him for the purposes of jurisdiction. ..... the appellant's first answer is that for the purposes of the appeal to the privy council the real value has to be taken into account, and that what is declared in the plaint is not required to be the real value of the suit: but that the law places an artificial value for fiscal purposes on certain claims, and the subject matter of the suit is directed to be valued in the plaint in accordance with that fiscal valuation. ..... here the act of the defendant consisted in taking objection to the low valuation of the plaintiff and in getting the suit tried by a court of higher jurisdiction on the allegation that the subject matter of the suit was worth rs. ..... 1932 bom. ..... 31 of 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom101; (1936)38BOMLR1326
..... , rule 4, provides that :-where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the appellate court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case may be.therefore, if there is an appeal from a decree, even though that appeal is made by one party ..... in which some other party equally interested is not joined, but if the appeal is on a ground common to both of them, then the reversal or the variation in the decree in favour of the appellant would operate for the benefit of the ..... jahagirdar relies on two decisions of the madras high court. ..... gurunalhgouda khcmdappagouda (1932) l.r. 60 i. a. .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR1
..... a number of letters found after the death of the deceased amongst her belongings and purporting to be written to the appellant in 1932 show that the deceased was making accusations against the appellant in respect of a discharged servant girl, and of marital neglect, and indicate that the deceased had become somewhat abnormally unhappy and was putting into writing expressions of unhappiness and of hope that she would not live long, with more than one threat of ending her own life. ..... but in this case at the end of the evidence the result was that there was no direct evidence justifying a conviction, and' for reasons already given there was no medical or other circumstantial evidence justifying a conviction; and to arrive at an adverse verdict on the strength of opinions formed as to the conduct of the accused was, their lordships think, to act upon the merest scintilla of evidence and to be impermissible.36. ..... arid doctor of medicine (madras) and who as stated had been the medical attendant of the deceased for many years, testified that she had some symptoms of diabetes and also had a skin disease called tina nigrantes, a sort of fungus on the face, neck and body. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom244; (1937)39BOMLR224
..... which those powers should be exercised, and to pass appropriate orders providing for the residence and maintenance of the 1st defendant and his family.accordingly the district court conferred the following powers on the plaintiff as receiver :-whereas you have been appointed receiver as per order passed by the honourable the high court on the date the 29th july 1915, in the above suit, you are conferred upon with such powers as to bringing and ..... unless this process is requisitioned the sale of august 26, 1912, would be unaffected by the rights of the parties subsequently introduced into the litigation,-even if it is conceded that the litigation under the two suits must be considered to be one suit or proceeding for the purposes of section 52 of the transfer of property act, in the sense that every party to the one suit must be deemed to be a party to the other suit-a proposition which i need hardly say ..... that the power of a receiver to sue would not include a power to sue to set aside a transaction or to recover property alleged to be belonging to the parties to a suit in which a person is appointed receiver on the ground of fraud or us pendens, and he relies on certain observations of the madras high court in the case ..... the reliefs sought in the present suit are a declaration that the sale-deed relating to two villages dated august 26, 1932, and executed by one krishnarao gopalrao gaikwad in favour of the adoptive father of the defendant was not binding on the plaintiff; .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR1129
..... or business shall not be deemed goods within the meaning of clause (c): provided also that the true owner of any goods which have become divisible among the creditors of the insolvent under the provisions of clause (c) may prove for the value of such goods.their lordships agree with the decision of the high court that the claim of the official assignee is well founded, and that, under section 52(2) (b) the capacity to exercise the insolvent's power to sell the joint family properties for his antecedent debts ..... the decision of the high court was based on two decisions of the madras high court, and two decisions of the high court of allahabad, to which it is unnecessary to refer further. ..... it was contended for the appellants that the limited class of creditors, who would benefit by such a sale, was not among those classes whose debts are expressly given a priority by section 49 of the act, and that to distribute the proceeds of sale among such a limited class would be in contravention of sub-section (5) of section 49, which provides that, ' subject to the provisions of this act, all debts proved in insolvency shall be paid rateably according to the amount of such debts respectively and without any preference. ..... 23 of 1932 in the partition suit. ..... 23 of 1932, are called along with sheo baran singh, who has judicially establishsd his right of pre-emption of the property purchased by mohi-ud-din, and who appeared in this appeal. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR790; 165Ind.Cas.637
..... this rule provides in clause (i) that whenever goods are brought to the naka for import, the nakedar shall prepare an import bill stating among other things the amount of the tax leviable on the goods, and clause (3) of the rules provides that if on demand the person importing the goods refuses to pay the amount leviable, the nakedar shall seize any part of the goods of sufficient value to pay the amount of the octroi, and refer the matter to the president of the taluka local board, who is to take action as laid down ..... section 102 is in these terms :-all rules sanctioned under section 101 with all the modifications subject to which the sanction is given, shall be published by the district local board....and the tax as described in the rules so published shall...be imposed accordingly.the section does not say, however, that the rules, when sanctioned, are to have the force of law, and, in my opinion, it cannot have been the intention of the legislature to give legal effect in this way to rules not covered by the provisions of the act. ..... , on december 1, 1932 (unrep.). ..... 314 of 1932, decided by murphy and broomfield jj. ..... appa krishnaji tandel (1932) crim. ..... justice murphy and myself in 1932, emperor v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom386; (1936)38BOMLR941; 166Ind.Cas.154
..... those were cases in which the reversioner was suing to recover possession on the ground that a sale made by a hindu widow was not for legal necessity or for the benefit of the estate, and the court held that the purchaser could not recover mesne profits before the date of the suit, since the conveyance was voidable and not void. ..... ), in which the plaintiff was suing to set aside a sale made by his guardian, the court refused to follow the previous decision of this court or the cases in madras, holding that in those cases certain decisions of the privy council had been overlooked, and suggesting that there might be a distinction in principle between a sale by a guardian and a sale by a hindu widow. ..... 61 it has been held that where the father, as manager, alienates joint family property without legal necessity, and the sons repudiate the sale, a purchaser who had no notice that the father was incompetent to sell the property, is in equity only liable to pay mesne profits from the date of such repudiation, and the privy council has also in banwari lal v. ..... hara narain das was a case to set aside a transaction induced by fraud, and the court held that the plaintiff was entitled to mesne profits either under section 86 of the indian trusts act of 1882 or on the equitable principle of restitutio in integrum. ..... ear narain das (1932) l.r. ..... 73 of 1932 decided by beaumont c.j. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom124; (1936)38BOMLR1137
..... the committee shall deposit in the poona branch of the imperial bank of india the revenues and income of the sansthan as they are received from time to time in the joint names of all the trustees, and any three of the trustees may withdraw such sums as may be required for the purposes of the sansthan.the committee may, with the previous sanction of the district judge, poona, invest any unexpended balance in the government securities mentioned in section 20 of the indian trusts act, 1882 ..... effect retain to itself-just as it may confer on a subordinate judicial officer--powers with regard to the administration of the trusts : the appellate court may assign to itself in the scheme the position of a referee,-to use the term i have just mentioned,-and then a part of this function, or some duty, ministerial or otherwise, connected with the functions of the referee may be delegated to a judicial officer subordinate to the appellate court-and these functions may be delegated not in a plenary fashion, but so that control ..... the meantime there had been a government' audit of the accounts of the institution and the auditors' report submitted in july, 1932, disclosed serious frauds and malpractices on the part of certain clerks employed by the trustees and suggested that there was ground for supposing that the trustees themselves or some of them might have been privy to the ..... the madras and rangoon high courts on the other hand are inclined to hold that schemes cannot be altered after they .....
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