Skip to content


Chunilal Sankalchand Vs. Jaffir Alli Spinning and Weaving Co., Ltd. - Court Judgment

LegalCrystal Citation
SubjectCompany
CourtMumbai
Decided On
Case Number First Appeal No. 113 of 1911
Judge
Reported in(1912)14BOMLR581
AppellantChunilal Sankalchand
RespondentJaffir Alli Spinning and Weaving Co., Ltd.
Excerpt:
document-construction- 'asmani sultani'-interpretation:;the phrase 'asmani sultani', as used in documents, is meant to refer to some act such as that of god or of the king's enemies which is in the nature of a calamity over which no person can any control. - - in the case of a litigation like this, it cannot be said that the litigants are subjected to anything like a calamity, because although these are liquidation proceedings, yet they can appear by counsel or pleaders, and satisfy the court what proper decree the court should pass having regard to the law......a certain line of conduct independently of the will of that person. we cannot take that view. the phrase means, in our opinion, sortie act such as that of god or of the king's enemies which is in the nature of a calamity over i which no person can exercise any control. in the case of a litigation like this, it cannot be said that the litigants are subjected to anything like a calamity, because although these are liquidation proceedings, yet they can appear by counsel or pleaders, and satisfy the court what proper decree the court should pass having regard to the law. we find in the negative on the first issue and set aside the order rind direct that the proceedings be sent back to the district judge to be disposed of according to law. 2. the appellant must have his costs of this appeal.....
Judgment:

N.G. Chandavarkar, J.

1. The word 'Asmani Sultani' has been construed by the learned District Judge as covering all acts of authority speaking in the name of the King and compelling a person to adopt a certain line of conduct independently of the will of that person. We cannot take that view. The phrase means, in our opinion, sortie act such as that of God or of the King's enemies which is in the nature of a calamity over I which no person can exercise any control. In the case of a litigation like this, it cannot be said that the litigants are subjected to anything like a calamity, because although these are liquidation proceedings, yet they can appear by counsel or pleaders, and satisfy the Court what proper decree the Court should pass having regard to the law. We find in the negative on the first issue and set aside the order rind direct that the proceedings be sent back to the District Judge to be disposed of according to law.

2. The appellant must have his costs of this appeal from the respondent.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //