Court : Chennai
Reported in : AIR1950Mad700; (1950)IIMLJ27
Mack, J.1. The plaintiff, a piece goods merchant of Coimbatore with an office in Madras, sues the South Indian Railway for the recovery of Rs. 6981-10-0 as the value of three bales of sarees and cloths which were stolen from the Madras Beach Station goods shed.2. The admitted facts are these. On 29th May 1946 the plaintiff's clerk Rajagopalan (P. W. 1) consigned six bales through a cartman maistry one Pullayya P. W. 2 to be booked to Tuticorin. He placed these bales near the weighing machine in the goods shed without any formalities of booking being complied with. The nest morning the forwarding note, Ex. P-1, and the risk notes Exs. P-2 and P-3 were numbered and, entered by the railway gate clerk D. W. 1 in the gate book Ex. D-2 in which the forwarding note EX. P-1 was assigned a number 294. In the meantime one of the bales kept in the goods shed was stolen the previous night. Rather a belated complaint was made about this disappearance by Pullayya. Rajagopalan made a complaint (EX. P...
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal421,54CWN438
1. These two rules were issued at the instance of the Corporation of Calcutta in two oases in which two managers of Govt. Stores were proceeded against before the municipal Magistrate of Calcutta under Section 421, Calcutta Municipal Act--Act III [3] of 1923.2. It appears that several maunds of whole-barley were seized from these two Government Stores and the finding of the learned Magistrate, after an elaborate discussion of all the evidence, is that these were unwholesome, unfit for human consumption and also injurious to public health. The learned Magistrate however, felt himself bound by two decisions, namely, the decision of the Judicial Committee in the case of The Province of Bombay v. Municipal Corporation of the City of Bombay, 73 I. A. 271 : (A. I. R. (34) 1947 P. C. 34) and that of this Court in the case of The Corporation of Calcutta v. Sub-Post Master, Dharamtolla Post Office, being Cri. Revn. No. 878 of 1948, D/- 7-4-1949 : : AIR1950Cal36 , by our learned brothers Rama Pr...
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal520,54CWN637
Das Gupta, J.1. The applicant before us purchased at auction an occupancy raiyati holding, in execution of a rent decree. The sale was held on 13th March 1946. On 25th April 1946, an application was filed by one Kachimannessa Bibi claiming to have purchased the interest of the judgment-debtors, for setting aside the sale under the provisions of Section 174 (3), Bengal Tenancy Act. This application was dismissed by the Court on 13th December 1947. On 5th January 1948, the auction-purchaser the petitioner before us filed an application for confirmation of the sale. The sale was ultimately confirmed on 27th March 1948. On 27th June 1948, an application was filed by two of the 17 judgment-debtors who are Panch Kari Santra and Satya Bala Dasi, opposite parties Nos. 1 and 2, under Section 174 (3) Bengal Tenancy Act, for setting aside the sale on the ground of fraud and irregularity in publishing and conducting the sale. The learned Munsif allowed the application and the learned District Judg...
Tag this Judgment!Court : Privy Council
Reported in : AIR1950PC73
LORD SIMONDS: In this appeal, which is brought from a judgment of the Supreme Court of Fiji of 19th September 1946, their Lordships have very reluctantly come to the conclusion that it would not be proper for them to determine the important question of law involved in the judgment. 2. The respondents are the registered proprietors of certain freehold land known as Wainadoi in the district of Veivatuloa on the Island of Viti Levu in the Colony of Fiji, containing 2,900 acres, through which a stream known as the Wainadoi Creek flows to the sea. The stream is not tidal at any point relevant to the proceedings out of which this appeal arises. 3. On 14th March 1944, the respondents preferred a claim against the appellant, the Attorney General of the Colony, to which the Governor in Council gave the proper consent, making allegations and claims which in view of later developments must be stated in some detail. 4. By their statement of complaint the respondents, after stating the facts alread...
Tag this Judgment!Court : Privy Council
SIR LIONEL LEACH: The suit out of which this appeal arises was tried in the Court of the Subordinate Judge of Dhanbad. The real question for decision is whether that Court had jurisdiction to grant the relief sought or whether it was a matter which could only be dealt with by the Calcutta High Court in its insolvency jurisdiction. The answer requires the consideration of a scheme of composition, a deed of transfer executed in connection therewith, and proceedings in insolvency extending over a period of more than 20 years. 2. The appellant is a limited liability company which is now in liquidation. Its business was banking and it will be convenient to refer to it hereinafter as "the bank". In 1909 the bank advanced large sums of money to a partnership of five persons, trading under the style of M. L. Laik and Bannerjee. The loans were made against hundis, which were secured by mortgages of immovable property. Default was made in the repayment of the loans and the bank was compelled to ...
Tag this Judgment!Court : Privy Council
LORD GREENE: This is an appeal from a judgment and decree of the High Court at Fort William affirming on appeal a judgment and decree of the same Court in its original jurisdiction. The questions raised in the litigation relate to the validity of two resolutions of the respondent company Lothian Jute Mills Ltd., (hereinafter called "the Company"). By the first of these resolutions (which were passed at a requisitioned general meeting of the Company held on 3rd June 1945), the appellants (other than S.P. Bose, who was one of the requisitionists), seven in number, were appointed to be directors of the Company in addition to the four existing directors, one of whom was the respondent Dr. Satya Charan Law. By the second resolution it was resolved that the termination of the appointment of the managing agents of the Company, Messrs. Andrew Yule and Co. Ltd., was to be recorded and in any event that they were thereby forthwith removed from their office. In the action the respondent Dr. Law o...
Tag this Judgment!Court : Privy Council
Reported in : AIR1950PC105
SIR JOHN BEAUMONT: This is a consolidated appeal by special leave from a decision of the High Court of Judicature at Madras dated 30th July 1946. At the conclusion of the arguments their Lordships announced that they would humbly advise His Majesty that this appeal be dismissed with costs, and they now give their reasons. 2. The consolidated suits out of which this appeal arises were filed in the year 1939 by the respondents as ryots against the appellants as landowners in the Court of the Deputy Collector Salem, claiming a grant of pattas under S. 55, Madras Estates Land Act of 1908. The respondents claimed rights of permanent occupancy in the lands held by them in the village of Bairoji, District Salem, on the ground that such lands formed part of an estate as defined by the Madras Estates Land Act of 1908 as amended by the Madras Estates Land (Third Amendment) Act, 1936. The appellants denied that the lands formed part of an estate, and claimed that the said Acts had no application ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom255; (1950)52BOMLR858; ILR1951Bom57
Weston, J. 1. This is a plaintiff's appeal from the dismissal of his suit by the Joint Civil Judge, Senior Division, Thana. The suit was to recover an amount of Rs. 18,000 claimed due on two mortgages. The two mortgages were mortgages of the same property, one was for an amount of Rs. 4,000, and the other was for an amount of Rs. 5,000, and these mortgages were executed on 6-2-1923, and 11-3-1926, respectively. Interest was provided to be at twelve per cent. per annum in the first mortgage and at nine per cent. in the second. The period for payment under the first mortgage was three years, while under the second mortgage payment was to be by instalments, the date of the last instalment being 16-12-1929. There was a default clause that in default of any two instalments the whole amount was to become due. The plaintiff claimed that the amount due under the mortgages considerably exceeded the amount of Rs. 18,000, and he limited his claim according to the rule of damdupat. Only Rs. 400 ar...
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All377
ORDERV. Bhargava, J.1. Nand Lal Srivastava has filed this revision application against his conviction and sentence for an offence Under Section 161, Penal Code. The applicant was convicted by a Magistrate, First Class, and sentenced to one year's rigorous imprisonment and a fine of Rs. 1,000/-. On appeal, the learned Additional Sessions Judge of Benares affirmed the conviction but reduced the amount of fine from Rs. 1,000/- to Rs. 500/-.2. In this revision various points of law were argued on behalf of the applicant to show that his conviction was not justified and was liable to be set aside. I need only deal one point which goes to the root of the case as it affects the jurisdiction of the Magistrate to take cognizance of the case.3. It has been urged on behalf of the applicant that there is no proof that a valid sanction Under Section 6, Prevention of Corruption Act, 1947, was granted by any competent authority in respect of this offence and, therefore, the learned Magistrate was not...
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All380
P.L. Bhargava, J.1. This is an appeal by Mohammad Sharif and his own brother, Laiq Ahmad, residents of Kot Sharki in the town of Sambhal district Moradabad. The charge against Laiq Ahmad was that he had, on 9th June 1948, at about 7 or 8 p. m., committed murder by intentionally causing the death of Badri Prasad, and thereby committed an offence punishable under Section 302, Penal Code. It was alleged that he had stabbed Badri Prasad with a knife while he was passing in front of his (Laiq Ahmad's) house in the company of his sons, Mahesh Chandra, Girish Chandra and Bishesh Chandra. Mohammad Sharif was charged under Section 302/109, Penal Code and also under Section 392, Penal Code. It was said that he bad abetted the murder of Badri Prasad and forcibly removed currency notes of the value of Rs. 250 from the pocket of Mahesh Chandra. The learned Civil and Sessions Judge, who tried them, found Laiq Ahmad guilty and convicted him under the second part of Section 304, Penal Code and sentenc...
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