Court : Mumbai
Reported in : (1933)35BOMLR312
..... in respect of the claim to damages for breach of the later contract, the learned judges held that the contract was an illegal agreement, being in contravention of section 105 of the indian companies act, 1913, with the result that, although there had been a breach on the part of the company, the claimants could recover no damages.17. ..... 27,000, they held that it became repayable at the end of june 1923, when the company made default in taking delivery of goods, and that accordingly the period of limitation (whatever it might be) commenced to run on july 1, 1923 ; that article 51 of the first schedule to the indian limitation act applied and that accordingly the period of limitation would not expire until july 1, 1926. ..... they will assume in favour of the appellants that the matters claimed to be res judicata were res judicata within the code of civil procedure, but although they are prepared to make this assumption, they desire to state clearly that they do not assent to the view of the high court that the contract in question contravened the provisions of section 105 of the indian companies act. ..... lala raghu mal (who will be referred to as the testator) was a shareholder in a company (herein called the company) named the dehra dun-mussoorie electric tramway company, limited, which was incorporated under the indian companies act, 1913, on august 23, 1921. ..... this decision turned upon a question of construction of the allahabad high court rules under the indian companies act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR107
..... the principal reliefs prayed in the suit were a declaration that the respondents were no longer entitled to take part in the management of the company, an injunction restraining them from so doing, an account of their stewardship from 1904, and an indemnity against loss suffered by the company in respect of 'acts of misappropriation and fraud and other acts of non-feasance, misfeasance and malfeasance ' during the period of their management.4. ..... under this head the claim of the appellant company before the board was for the restoration of the amount allowed by the commissioner, but the argument was in effect confined to certain items in respect of which it was said that the respondents had admitted liability before the district judge.20. ..... the method as explained to their lordships was to make a contract with the ' lessee ' for the supply of a certain quantity of jute which the company was to manufacture into bags for him at a fixed rate, the company's profit on the transaction being the difference between the actual cost to them of the process of manufacture and the rate agreed on.14. ..... these consolidated appeals arise out of prolonged disputes over the management of a madras manufacturing company which seems to have had an unusually troubled existence. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom114; (1933)35BOMLR48
..... the redemption was at the request of the original mortgagor and it was held that the possession of the strangers redeeming the property at the instance of the plaintiff was in their position as honors, and that the lien would exist for twelve years and that after the expiration of the twelve years their lien would be gone and their possession thereafter would be of persons holding without any right and the suit by the original owner would be barred by limitation by the efflux of twelve years from the date of the extinction of the ..... a distinction is, however, drawn where a co-sharer redeems a mortgage and it is held that the possession of the co-sharer after redemption is on behalf of all the co-sharers, and therefore though a co-sharer has redeemed the properties and has acquired a lien under section 95 of the transfer of property act, his possession does not contradict the possession of the other co-sharers, and his possession is presumably on behalf of all, and unless there is ouster, adverse possession under article 144 would not begin.9. ..... this position has now been accepted by the madras high court in munia goundan v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1523
..... section 57 of the ordinance authorises the local government to invest the districtmagistrate with the powers of the local government under sub-section of section 4, and in pursuance of that authority the local government did on january 5, 1932, publish a notification stating that in exercise of the powers conferred by sub-section (1) of a, 57 of the emergency powers ordinance, 1932 (ii of 1932), the governor in k council hereby invests all district magistrates including the commissioner of police, bombay, with the powers of the local government under sub-section (1) of section 4 of the said ordinance. ..... thakor's argument is that the direction which is to be given must have reference to the reasons for the order given in the first paragraph of the section, that is to bay, there must be reasonable grounds for believing that a person has acted, is acting, or is about to act, in a manner prejudicial to the public safety or peace. ..... i am not prepared to say that it never could be a sufficient ground for interference under section 107 of the government of india act, but i do certainly hold, and in this i entirely agree with the learned chief justice, that unless some obvious question of principle is involved, we should not interfere, generally speaking, the lower courts with their knowledge of local conditions are in a better position than this court to determine what is a just and reasonable punishment. .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR1
..... the second was that where the interest of one of several co-sharers in some of the properties held jointly by them is attached in execution of a decree against him, and those properties are subsequently allotted to the other co-sharers on a partition by arbitration without the intervention of the court, a transfer by the judgment-debtor of the interest so attached to the other co-sharers is a private transfer within the meaning of section 64 of the civil procedure code, and therefore void as against the claim of the attaching creditor, even if the transfer was made pursuant to a decree passed on the award. ..... thereupon, on december 13, 1928, the appellant brought the suit, out of which, this appeal arises, in the court of the subordinate judge of peshawar to establish his right to attach the two-thirds share of the third respondent in the four properties, and for a declaration that he was entitled to proceed against the mortgaged properties to the extent of the two-thirds share of the third respondent in them. ..... a decree for partition may bo made (1) in a suit for partition heard and decided by the court itself; or (2) it may be made on an award in a similar suit, where the matters in difference between the parties to the suit are referred to arbitration by an order of the court made on the application of the parties; or (3) it may be made on an award, where the matters in difference are referred to arbitration without the intervention of the court, as in the present case.17. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom34; (1932)34BOMLR1506
..... in this case if the testator had stated that if jasubhai died without leaving any male issue the estate was to go to the nest person mentioned in the will, the matter would have stood on a different footing, but according to the authorities the event must happen if at all immediately on the close of a life in being and the gift over must be in favour of some person in existence at the date of the gift or at the death of the testator as the case may be, otherwise the gift over is void, and the absolute estate granted to the first donee ..... that section 124 of the indian succession act would not apply as the provisions of the indian succession act, under section 57, apply to hindu wills within the territories subject to thelieutenant-governor of bengal or within the local limits of the ordinary original civil jurisdiction of the high courts of judicature at madras and bombay. ..... the learned subordinate judge held that the period of distribution contemplated by the testator was the death of vakhat, and that as jasubhai did not die without leaving anybody in his line before the death of vakhat, which was the period of distribution under section 124 of the indian succession act, jasubhai took an absolute estate, and the gift over in favour of the plaintiff was void,5. ..... 366 section 124 corresponding to section 111 of the previous act cannot be applied in the construction of this document to which the indian succession act does not apply.6. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1600
..... mahabeer sing a case falling under act xiv of 1859, a similar argument was put forward for the appellant to that which has prevailed in the oudh courts and allahabad, though it was based upon the application of a six years'pariod of limitation, the decision was against the appellant on the ground that the period was twelve years and not six, but sir montague smith, who delivered the judgment of the board, after expressing himself to this effect, ..... to hold that the mortgagor could in this way take advantage of his own default: they do not think that upon such default he would have the right to redeem, and in their opinion the mortgage money does not ' become due' within the meaning of article 132 of the indian limitation act until both the mortgagor's right to redeem and the mortgagee's right to enforce his security have accrued, this would, of course, also be the position if the mortgagee exercised the option reserved ..... jhumman lal, the high court held that under a clause in the above form a siugle default on the part of the mortgagors, without any act of eleotion, cancellation or other form of response or acceptance on the part of the mortgagees, and even, it would appear, against their desire, operates, eo instanti, to make the money secured by the mortgage 'become due', so that all right of action in respect of the security is finally barred twelve years later, that is, in the present case, on february ..... has been cited from bombay, but the high court of madras (narna v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1194
..... correctly stating the title of the plaintiffs and the grant of the lease of november 2, 1916 (describing it as already stated as a lease in all respects reversionary), by paragraph 6 alleges that the plaintiff sharif was born on september 6, 1899, that at the date of the lease he was still a minor about seventeen years of age; that being a minor he could not under any circumstances act as guardian of his two co-plaintiffs and hasam and that the contract was void according to law; that ..... upon the actual evidence in the cause, are far from suggesting that the judgment andcon elusions of the learned judges could be supported, even if, under section 16(3) of the indian contract act, the burden of showing that the lease of 1916 had not been induced by undue influence lay upon the ..... even if sharif was then major he was not the lawful guardian of his younger brothers whose rights could ..... also point out that until it has been established that the appellant was ' in a position to dominate the will of' sharif, no assistance on the issue of undue influence is available to the respondents from section 16 (3) of the indian contract act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1071
..... the questions for reference under section 66 of the act (which were framed by the assessee) are, perhaps, not very happily worded ; but the use of the word ' option ' and the question whether the income-tax authority can deprive the assesaaee of the alleged option help to throw light upon what was the real issue between the parties. ..... such an entry is, in my opinion, a conscious act on the creditor's part whereby he determines his election, once and for ever, to treat the debt referred to therein as bad or irrecoverable it, therefore, stands to reason that the creditor must have full discretion in the matter, because, it is he, and not the income-tax officer, who knows, or must be deemed to know, the circumstances and risks as well as chances of recovery from his debtor the income-tax officer cannot, therefore, legally insist that the assessee must subordinate ..... the assessee then required the commissioner to refer to the high court, under section 66 (2) of the act, certain questions of law alleged to arise out of the order of the assistant commissioner, that which related to the said sum of rs. ..... sir shankar rao chitnavis (who will be referred to as the assessee) for the purpose of assessment to income tax for the year 1926-1927 had, under section 22 of the act to make a return of his total income during the year 1925-1926. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom651; (1932)34BOMLR1500
..... end of such term the members of the school board shall vacate ..... the interregnum the district local board ceases to exist after the term of its existence and the new district local board is formed, during the interregnum the president and vice-president of the local board can carry on the current administrative duties of their office until the election of the new president and vice-president under section 27 of the bombay local boards act, according to sub-section (3) of section 3 of the bombay primary education act the term of the school board shall be co-extensive with the term of the local authority; and at the .....
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