Court : Mumbai
Reported in : AIR1932Bom356; (1932)34BOMLR655
..... , there being no established islamic religion in india, the courts cannot determine that a particular exposition of muhammadan law is correct to the exclusion of all others; that justice, equity and good conscience require the application of that law which the parties as a matter of fact by their customs and usages have adopted, not the law which the courts by a consideration of the historical circumstances relating to the parties, or of their religious books, or otherwise consider to be the law that they ought to have adopted: kojaa ..... 142, which was the basis of section 112 of the consolidating act, is similar in respect of this omission; though it provided that the supreme court shall frame such rules and orders for the conduct of suits and shall frame such process as shall be most consonant to the religious manners and laws and usages and the easy attainment of the ends of justice. ..... nor do the obligatory prayers or other devotional acts even in the mosque demand at any time or on any occasion the lead or intervention of an imam or amil or other religious or priestly officer.41 ..... the oxford dictionary does not restrict the connotation of the word 'dealing' to business transactions, and includes in it 'intercourse, friendly, or business communication, connection; acting towards parsons generally (in some specified way); conducting oneself, behaving ..... usages and institutions are not mentioned in section 112 of the government of india act. ..... the government of india act (5 & 6 geo. v, .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR628
..... vi, rule 17, or order vii, rule 11], or involves any other consequence than rejection of the plaint if not amended in accordance with an order for amendment, or that the defect cannot be waived like other initial irregularities, or that the plaint by reason of thedefect is necessarily 'waste paper,' or that there is no suit legally before the court, the object of the verification of the plaint is to fix upon the plaintiff the responsibility for the statements which it contains, and to afford a guarantee of his good faith. ..... agents of parties by whom such appearances, applications and acts may be made or done are :-(a) persons holding powers-of-attorney, authorising them to make and do such appearances, applications and acts on behalf of such parties ;(b) persons carrying on trade or business for and in the names of parties got resident within the local limits of the jurisdiction of the court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, ..... -any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in such court, may,except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting on his behalf.4. ..... the plaint was presented to the court by attorneys of this high court who purported to act on behalf of the plaintiff, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom330; (1932)34BOMLR634
..... as, therefore, the plaintiffs have no rights to enforce, there is, in my view, no question of the remedy being barred, and section 28 of the indian contract act does not assist the plaintiffs, i think that the principle laid down in the case to which i have referred applies to the facts of the present case, and that the plaintiffs' claim against defendants no. ..... section 85 of the act empowers the customs-collector upon the terms therein mentioned to permit the master of any vessel to discharge the cargo of such vessel or any portion thereof into the custody of the ship's agents if willing to receive the same. ..... 1 is article 3, clause 6, of the schedule to that act,-the material part of which is as follows:-in any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered.6. ..... 1 that the plea raised in paragraph 9a of the plaint would not avail the plaintiffs, inasmuch as the bills of lading incorporated all the terms, provisions and conditions of the english carriage of goods by sea act, 1924, and that they were thereby discharged from liability in respect of the claim in this suit.5. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom316; (1932)34BOMLR623
..... the main contentions on behalf of the defendant firm are that at the date of exhibit b the defendant firm was dissolved to the knowledge of the plaintiffs and that maneklal had noauthority express or implied, to bind the defendant firm by an acknowledgment of the nature of exhibit b, it was further contended that at the date of the dissolution the defendant firm handed over to the plaintiffs the remaining goods they had with them of the value of rs. ..... dossa doongersey is an authority so far as this court is concerned for the proposition that the meaning to be given to the word 'only' in section 21(2) of the indian limitation act is that it must also be shown that the partner signing the acknowledgment had authority, express or implied, to do so and that in a going mercantile concern such agency is to be presumed as an ordinary rule. ..... 418 according to the madras decisions, evidence of authority from the other partners seems to be necessary and may not be presumed even in a mercantile concern: seevalasubramania pillai v. s.v.r.r.m. ..... official assignee of madras i.l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR615
..... 2's attorneys and have after the disposal of the suit continued to act for him by taking inspection of the deed of assignment they must be deemed to be authorised to accept the service of the notice on behalf of their client and their refusal to accept service of the notice cannot avail their client who must be regarded as being duly served although as a matter of fact his attorneys have refused to accept service of the notice. ..... during the pendency of the suit there is an implied authority on the part of the attorneys to act on behalf of their client in matters appertaining to the suit including the acceptance of notices and other processes. ..... after the suit is over the attorneys are ipso facto discharged so far as the suit is concerned and would need fresh authority from their clients to act for them in execution proceedings.5. ..... 2; that thereafter when he asked the agent for instructions as to whether he should accept the notice under order xxi, rule 16, the agent informed him that he had no instructions from his principal on that point and could not authorise the attorneys to accept service of the notice.2. ..... 2 for taking inspection of the deed of assignment, this isolated act on their part, in my opinion, does not in itself coustitute them attorneys for defendant no. ..... purnanand & jassoobhoy have, after he termination of the suit, acted on behalf of defendant no. ..... 2, they have acted rightly, in my opinion, in refusing to accept service of the notice. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1166
..... 776 a division bench of the madras high court held that any question as to the invalidity of a transaction, raised by the official assignee under the special provisions contained in sections 55 and 56 of the presidency-towns insolvency act, can be determined only by the insolvency court constituted under the act and not by the ordinary civil courts.11. ..... a full bench of the madras high court has held that the only limitation placed on the jurisdiction of the insolvency court under section 7 of the act is when once the official assignee has summoned a witness under section 36 of the act and that witness disputes his indebtedness the official assignee has no option but to proceed by way of suit. ..... clauses 4 and 5 of section 36 of the insolvency act provide that if on the examination under that section the person examined admits that he is indebted to the insolvent or that he has in his possession any property belonging to the insolvent the court has the power to make an order on such person to pay the amount or to deliver the property to the official assignee and the order so made would have the effect of a decree in a civil suit. ..... sir dinshah mulla has commented on this case in his ' lectures on the law of insolvency (tagore law lectures for 1929)' at page 48 as follows:-the high court of madras has held that the insolvency court has exclusive jurisdiction under the presidency-towns insolvency act in matters of voluntary transfers (s. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom543; (1925)27BOMLR1207
..... section 2 (h) defines the 'court' as the court exercising jurisdiction under the act, and section 3 provides that the courts having jurisdiction in insolvency under the act shall be(a) the high courts of judicature at fort william, madras, and bombay; and(b) the chief court of lower burma.therefore the court exorcising jurisdiction under the insolvency act is the high court of bombay and ..... the presidency towns insolvency act is reproduced in section 36 of the provincial insolvency act, and the district courts are given the same powers to stay their proceedings on proof of pendency of insolvency proceedings in another court against the same debtor and that property of the debtor could be more conveniently distributed by such other court, the reproduction of section 22 of the presidency towns insolvency act in the provincial insolvency act shows that the insolvency proceedings are considered on a different footing from a suit or other proceeding pending against the ..... any, as to this court may seem right to be made to the said receivers out of the estate of the said insolvents come into their hands, or (6) to direct the first class subordinate judge's court at ahmedabad requesting the said court to act merely in aid of this honourable court and auxiliary thereto in administering the estates of the said insolvents and in the meantime for an order against the said receivers to the effect above mentioned, and for such other directions as to this court may ..... re maneckchand (1932) 24 bom, .....
Tag this Judgment!Court : Mumbai
Reported in : (1917)19BOMLR394
..... on appeal this decree was reversed by the high court of madras on the 20th august, 1909 and it was declared that the alienations made by the first defendant in favour of the second defendant of certain specified properties were invalid and not binding against the plaintiffs. ..... it runs as follows:-all the properties belonging to the plaintiff and defendants on the hereditary right and acquired from the time of recha baithan up to the time of amanath were divided into nine shares, with the consent of all members of the family, in the presence of respectable men, in 1013 (1837-38) and two of those nine shares were allotted to baithan and his nephew sanna baithan, the descendants of thaki (female); four others were allotted to bavumma's descendants, viz. ..... while, therefore, their lordships recognise that the attitude of kunhammad and mammad in this litigation of 1886 and 1887 is worthy of consideration, it would be easy to attribute too much weight to it and this they feel would be done if they allowed it to outweigh the clear statement in the compromise made in the suit of 1856 and the indirect evidence which from all sides converges to the conclusion that there was complete separation.16. .....
Tag this Judgment!Court : Mumbai
Reported in : 2Ind.Cas.874
..... deceased up to the time of his death, and that the said aga jungi entered into possession of the said property described in the said schedule b and ..... and reciting that immediately after the death of the said 1st aga khan the said 2nd aga khan entered into possession of the properties described in schedule a thereunder written, being the immovable properties belonging to the estate of the said 1st aga khan deceased, with the exception of the property described in the schedule b thereunder written, and managed the same on his own behalf, and himself exclusively enjoyed the rents and profits thereof to the exclusion of the other heirs of the said 1st aga khan ..... . in a case of this kind the principle to be applied has thus been laid down : in determining whether the performance of any particular rite promotes any particular religion, and benefits the members of the church or denomination, or body who profess it, the secular court must act upon evidence of the belief of the members of the community concerned ..... . he says that jungi shah gave him bodh in bombay in samvat 1932 .....
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