Court : Mumbai
Reported in : (1911)13BOMLR162
..... of which, although it was decided after the usury laws were repealed, all took place while those laws were still in force there was a special agreement between the mortgagee and the mortgagor under which the former was to go into possession and inter alia to receive 4 a year remuneration for collecting rents and profits. ..... apparently its whole foundation would be cut away, but for the fact that a person entitled to a salary under the agreement is also the mortgagee in possession; but that fact i should say involves such legal consequences as belong rather to a distinct province of the law regulating rights and liabilities of the mortgagor and ..... consideration, which is closely allied with the broader and general question whether the mortgagee is permitted by law to make any agreement of this kind, for if he was bound by law to do all that he contracted to do under this agreement, then where would be the consideration in my opinion, however, that argument goes too far. ..... defendant contends that the company have ratified the agreement as a whole is that accounts purporting to have been submitted under the clauses of these agreements have been passed at the general meetings of the ..... person to be paid the salary is the mortgagee in possession, then it is really to the legal consequences, if any, following upon that fact, that we must look for a sufficient objection to the agreement and not to any objections taken under the sections of the registration act merely for want of registration. .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR388
..... it does not appear that the widow, son or daughters of ebrahimji received what was to come to them under the agreement of september 24, 1924, until the suit of 1924 had been decreed in 1926 which is well within six years of the filing of the present ..... cannot claim to make the present appellants liable on the footing that sarafally was entitled to more than these agreements gave him, though it be true enough that since 1912 he had been entitled to a half of his ..... 1924 resulted in a decree there is an element of estoppel by record, but the matter may be put sufficiently as resting on agreements made in 1923 and 1924 between sarafally and sarafally's heirs on the one part and the widow and the children of ebrahimji on the ..... suit had challenged the rights of sarafally's heir under the agreements of 1923 and 1924, it may well be that she could have required sarafally's heirs to account upon a footing which would have made it impossible to give any effect to these agreements even as between the parties to them. ..... by her suit has not sought relief upon any such basis and the agreements have their effect between sarafally (and his representatives) and the children of ..... a suit for administration, that for one reason or another a particular interest is not represented before decree, but is either provided for by the decree, or is asserted at a later stage under the decree, or is given effect by a party being permitted, to attend certain accounts and enquiries so as to be bound by the result. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom309; (1939)41BOMLR538
..... to 5 liable for the amount as sureties under an agreement dated september 25, 1933, and made between defendants ..... the plaintiffs were never informed, and they have not sought to prove, that they were aware of an agreement of suretyship for the repayment of any loans which they might have advanced or that they advanced any loans ..... exhibit d as well as from the books of the plaintiffs that this loan was not renewed for a period of one year on the agreement being entered into but was renewed on december 9, 1933, only for a period of three months. ..... 4 contend that they are discharged from all their liability as sureties under the agreement by reason of the failure of bhawanidas & co. ..... advances to be made under the agreement were also to be repayable ..... and 5 is on the contract of suretyship assuming that under the agreement defendants nos. ..... 3, 4 and 5 as sureties under the agreement of september 25, 1933, (exhibit c), and whether ..... and 2 under the agreement was to be ..... 4 also contend that under their guarantee given by them by the agreement to bhawanidas & co. ..... loans for which the plaintiffs brought this action were renewed even after the expiry of the year under the agreement, i.e. ..... under the terms of the agreement the existing debt of ..... 5 as sureties under the agreement.19. ..... under the agreement the period for the repayment of the loans which had been granted to ..... counsel for the plaintiffs as the last argument submitted that the plaintiffs were in the position of cestui que trust under the agreement. .....
Tag this Judgment!Court : Mumbai
Reported in : 29Ind.Cas.943
..... i do not desire to express any opinion on the question whether this agreement, even if otherwise good, is not invalid for want of the necessary sanction under section 29a, as the point is not argued and as it is not quite necessary to come to any definite ..... that even if the plaintiff's adoption be invalid he has a right of maintenance on his adoptive family according to hindu law, and secondly, that under the agreement the plaintiff is entitled to the kankanpur wanta. ..... even if the reason for selecting the wunta and was to, avoid the necessity of a sanction of the governor-in-council under section 31 of the act, which is hold by this court to relate to the talukdar's estate of a talukdar and not to any property of the talukdar held on non-talukdari tenure, the result was that wanta land was to ..... would be under a disability to enter into any agreement with reference to any part of his property without the sanction of the managing officer under section 29a ..... share in the estate and, in the alternative, the kankanpur wanta, both according to law as well as under the agreement of 1st june 1910. ..... coyaji has discussed the oral evidence relating to the co-called agreement fairly and fully before us, and we have not found it necessary in this case to hear the counsel ..... the plaintiff contends, however, that it is merely an agreement to convey, and does not by itself create any interest in his favour in the property and that it should be specifically enforced as embodying a fair settlement of .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR760
..... the cash and war bonds obtained by the respondent from narain das under the agreement (voidable and in due course avoided) of november 25, 1924, are not shown or alleged to have been assets in existence in january, ..... the court was asked to attach and sell the interest of the respondent under the agreement of january 20, 1922, in certain villages in the ranipur estate and neighbourhood within the district of ..... a declaration was also made that the respondent was not entitled to any benefit under the agreement of january 20, 1922 ; but this declaration was set aside by the appellate ..... the cases cited in support of their opinion have been misapplied to the agreement in the present case.the entire moveable and immoveable property taluqdari and non-taluq-dari ' in clause 4 of the agreement cannot in their lordships' opinion be stretched to cover all property, whatsoever, which narain das might acquire ; or which he might acquire out of the interests conferred on him by the agreement; or even all property which he might possess at the time of his ..... in 1924, however, the respondent satgur prasad induced the plaintiff to enter into an agreement dated november 25, 1924, whereby the whole of the properties were released to the respondent on the terms (inter alia) that the plaintiff would receive a monthly allowance ..... under this agreement the respondent, in addition to the immoveables, obtained possession of the cash at the banks and estate treasuries together with the proceeds of war bonds and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1931Bom164
..... the articles, covenants, conditions and obligations contained in the principal partnership agreement between the defendant and his partner, which were not inconsistent with the terms of the agreement, the agreement between the defendant and his partner was executed immediately before the deed of sub-partnership on the same day, i.e ..... that subsection provides that if any question arises under any proceedings under the act regarding the liability to pay compensation, or the amount or duration of compensation, the question, if not settled by agreement, shall be settled by arbitration. ..... the period of duration under the agreement as well as the sub-partnership deed was from 1st april 1925 to 31st march 1927. 2 ..... the plaintiff was the sub partner of the defendant in a certain business of manufacturing matches under the terms of a deed of sub-partnership dated 25th may 1925 and the said deed incorporated ..... the appeal court held that under the terms of that subsection it was a condition precedent to the right to proceed to arbitration, that a question should have arisen as to compensation, and the question should not have been settled by agreement. ..... 25th may 1925 clause 20 of the agreement provides inter alia that any dispute or difference arising between the partners in regard to the construction of any of the articles contained in the agreement or to any division, act or things relating to the said partnership or the affairs thereof shall be referred to arbitration in the manner therein .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All74
..... had the bank sued on the acceptance, clearly the acceptors could not have pleaded that under an agreement between themselves and a third party, namely, the sellers of the goods, they had a right to refer the matter ..... been only this: after acceptance followed by maturity of the bill the buyers would have been liable only to the bank which alone would be liable to the sellers according to the terms of the agreement between them, under which the sellers drew the bill of exchange in favour of the bank. ..... the defendants wished to-refer to arbitration, and as they clearly put forward this claim before- the suit was filed, it cannot be said that there was no dispute which have been, referred to arbitration under the agreement if the arbitration clause in the agreement had come into operation.8. ..... that at the present stage the duty of the subordinate judge, and therefore our own duty, was merely to decide whether this suit should be stayed in order that the matter may be referred to arbitration under the agreement between the parties or not. ..... referred to arbitration; and fourthly, he held that in any case if such a dispute could be said to have arisen, it had not been made within 30 days of the date of the acceptance of the bills of exchange, and therefore under the terms of the agreement could not b* referred to arbitration.3. ..... case the bills of exchange directed the defendants to pay the invoice value to the chartered bank (which the plaintiffs selected as they could under the agreement). .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All195
..... that case that where an arbitration bond provides that the matters in dispute referred to the arbitrator may be taken up and dealt with seriatim and the award delivered bit by bit, it is not necessary under section 327 of the act 8 of 1859 that all the matters referred should have been decided before the first portion of the award dealing with some only of the subjects in dispute can be filed. at ..... question therefore for consideration is whether in the present case the agreement, under which karan singh was appointed an arbitrator, gave him powers to ..... below came to the conclusion that the two awards which, ware given by the arbitrators were quite good and that it was open to the arbitrator to give his decision piecemeal and as under the two awards all the points all widen parties were at variance had been decided the awards were good. ..... on 10th march 1934 ganga dhar and indar singh entered into an agreement by which they referred the matters in dispute between them to one karan singh who is ..... under the agreement of reference he was given powers to decide all the points in difference between the parties, he is a close relation of both the parties to the suit and his statement that he by mistake omitted to give an award in ..... a perusal of this case shows that unless there is an agreement between the parties which authorizes the arbitrator to make several awards, it is not competent to him to do so and that the whole award should be like a judgment complete, giving the decision of the .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ99
..... the defendants and the plaintiff having entered into an agreement under which the plaintiff was to take the produce of the land as interest on the principal amount due under the promissory note, the plaintiff could not have succeeded if he had subsequent to that agreement sued to recover such interest from the defendants. ..... under this agreement the plaintiff remained in possession of the land and enjoyed the produce as interest up till august 1902. ..... execution of the promissory note of the 8th july 1897 and that the plaintiff and the defendants agreed that the plaintiff was to take the possession of this land as interest on the amount due to him under the promissory note. .....
Tag this Judgment!Court : Mumbai
Reported in : (1917)19BOMLR100
..... of defending himself against a charge as a trespasser and against an action to account for the profits in such a case, the evidence of a parol agreement would seem to be admissible for his protection; and if admissible for such a purpose, there seems no reason why it should not be admissible throughout.' ..... taken for the purposes of the case that possession has been taken by the defendant under the agreement for sale and that he is willing to perform his part of it with the ..... being the owner of certain immoveable property seeks to recover possession of that property, it is a valid defence to the suit that the plaintiff' has agreed to sell the property to the defendant the agreement being at the date of suit still capable of specific enforcement but there being no registered conveyance passing the property to the defendant. ..... then turning to the specific relief act, section 27(b) provides that specific performance may be enforced against either a party to a contract or any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract and by section 12 of the same ..... where, then, a vendor who has contracted to sell immoveable property and has under the contract put the prospective vendee in possession, sues the latter in ejectment, he repudiates, if the vendee is willing to complete the purchase, the fiduciary obligation arising out of the contract and .....
Tag this Judgment!