Court : Chennai
Decided on : May-04-1927
Reported in : AIR1928Mad327; 108Ind.Cas.305; (1928)54MLJ479
..... defendant filed a suit in pondicherry claiming a partition and during the absence of murugayya mudaliar in chidambaram he got the house of murugayya mudaliar sealed. then there was some mediation and exhibit i was executed the day before the seals were removed. the subordinate judge believes the evidence that murugayya mudaliar did not freely and voluntarily execute exhibit i, bud .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-14-1927
Reported in : AIR1927Bom565; (1927)29BOMLR1254
..... could only be applied so far as applicable to local conditions. but if one considers, as one ought to, the local conditions, then surely one would hold that arbitration or mediation without the intervention of the court ought undoubtedly to be permitted in india. it is indeed a striking feature of ordinary indian life. and i would go further and say .....Tag this Judgment!
Court : Kolkata
Decided on : May-19-1927
Reported in : AIR1927Cal631,103Ind.Cas.790
..... about a settlement; of the same. the accused, however, proved obdurate and the mother told him that she would inform the elders of the village and would ask for their mediation. this apparently made the accused very angry. it appears that the accused immediately thereafter took a dao and struck his mother on the forehead with it. there were other wounds .....Tag this Judgment!
Court : Chennai
Decided on : Sep-01-1927
Reported in : AIR1927Mad1031; (1927)53MLJ802
..... as regards the costs which have been ordered to be paid to the 3rd defendant's legal representative's guardian, it can only be observed that the mediator was a necessary party to the suit and, as he is not himself liable for costs, he must be paid by the losing party.reilly, j.7 ..... of it for his own benefit. this contention therefore cannot be accepted.5. the further contention that by placing the jewels in the hands of a mediator the husband did obtain relief and that the jewels themselves were the cause of his relief and that therefore he is not liable to make them good ..... jewels were plaintiff's.3. the next question is whether the husband had disposed of these jewels before he died. he had deposited them with a mediator who was to hold them pending sanction of the court being obtained. his possession therefore was clearly the possession of the person who would be entitled to ..... 12,300 the undermentioned jewels should he handed over by the 1st defendant to the 1st plaintiff .... all the eight items have now been deposited with the mediator pending the order of this hon'ble court granting leave to the 1st plaintiff to receive them.2. before the leave of the court was obtained the ..... case it happens that the jewels, pending the sanction of the court, were handed over to a third party, a 'mediator'. but that does not really affect the legal position at all, the mediator being like a stake-holder trustee for whichever party might eventually be entitled to the jewels.11. what appeared to me .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-31-1927
..... forth directly for the purpose of extinguishing fire at and about pier 5, and to save property not at all related to the leviathan. the elimination of that fire contributed mediately to her safety. but, whatever the aid or benefit resulting to her, it was incidental and indirect, for which, in the absence of request for or acceptance of the service .....Tag this Judgment!
Court : Chennai
Decided on : Feb-04-1927
Reported in : 103Ind.Cas.829; (1927)53MLJ38
..... chetty i.l.r. (1919) m 429 : 1919 38 m l j 247 the learned judges say:ex. iii makes it clear that the settlement was made by arbitrators or mediators. such a settlement is not liable to be reopened except on the ground of fraud which is not alleged in this case.3. nor of course is it here. the .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-19-1927
Reported in : AIR1927Cal345
..... nature and construction thereof and in particular the place where these four openings are, it being a verandah of the verandah or passage from north to south, and the amount mediately on the west of the verandah or passage referred to above, i am not prepared to say that the obstruction complained of are of such a character as to constitute .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-04-1927
Reported in : 107Ind.Cas.581
sulaiman, j.1. this appeal and the connected first appeal no. 388 of 1924 arise out of two suits for recovery of possession brought by two sets of rival claimants against musammat zaib jahan begam the defendant in possession. it appears that bakhsh ali beg was the last full owner of the property in dispute and on his death he left a widow musammat hazurunnissa, a son yusuf beg and a daughter musammat hayatunnissa. the son and the daughter survived the widow. thus they got two-thirds and one-third share respectively in the estate of bakhsh ali beg. yusuf beg died in 1920 leaving musammat zaib jahan begam as his widow and his sister as two of his heirs. the remaining share in his estate would go to the residuaries, if any, and failing them to the distant kindred. it is an admitted fact that on the death of yusuf beg no claim was put forward either by any residuary or by distant kindred, and the names of musammat zaib jahan begam and musammat hayatunnissa were recorded on specific shares.2. in 1922 musammat hayatunnissa died and soon after her death the present plaintiff muhammad shoaib khan obtained a sale-deed from nur beg and yakub beg who asserted themselves to be the residuaries of the deceased. suit no. 39 of 1923 out of which this appeal arises was instituted by muhammad shoaib khan. the other suit was filed by afsar beg and others who claimed to be the distant kindreds. it may be mentioned that in the mutation court musammat zaib jahan begam succeeded mainly on the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-19-1927
Reported in : (1927)29BOMLR1392
shaw, j.1. this is an appeal against a judgment and decree dated april 9, 1924, of the high court of judicature at lahore, which reversed the judgment and decree of december 1, 1919, of the subordinate judge at ludhiana.2. sardar jawala singh was a jaghirdar possessed of certain properties in the ludhiana and ferozepore districts of the punjab. he lived in the village of bhikki khatra, in the ludhiana district.3. jawala died on august 19, 1915, leaving two widows. the elder, harnam kuar, was childless. the younger, bhagwan kuar, had borne to him a daughter, who at the date of his death was ten years old. these constituted the household.4. it is admitted that according to the law in operation in that part of the punjab, if there had been a son in the household, he would have succeeded to the properties; but that, failing a son, and there being only a daughter, the estate would fall to a collateral malt* relative. that relative was a step-brother named gurbakhsh singh, who is the present appellant. if, however, a posthumous son was born, then that posthumous son would, of course, succeed, the household would be kept together, and gurbakhsh, the step-brother, would have no rights.5. the story of this litigation, and of various other proceedings, partly legal and partly administrative, which preceded it, hangs upon the question whether such a posthumous son ever was born. it appears clear that a possible attempt to procure a spurious son was in the minds of all parties from the .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-18-1927
Reported in : (1928)30BOMLR110
duff, j.1. this is a consolidated appeal from two decrees both of november 25, 1924, of the court of judicial commissioner of oudh at lucknow, which were pronounced in an appeal from the subordinate judge of partabgarh. the question raised by the appeal is whether certain legacies in a will of the late drigbijai singh, a taluqdar of athgawan, in the district of partabgarh, are valid, and the answer to this question must be governed by the determination of the issue, which was the real issue in the courts below, whether or not the legatees entitled to the benefit of these legacies, if valid, signed the will as attesting witnesses. the court of the judicial commissioner held, affirming the decision of the subordinate judge, that this issue must be determined in favour of the respondents.2. the testator, by his will, appointed his eldest son, lai bahadur singh, as taluqdar after him, and gave to each of his three younger sons, jagannath singh, kan bahadur singh, and jang bahadur singh, certain villages out of the taluqa, to be held absolutely with heritable and transferable rights as under proprietors if and when they or any when wished to separate from their eldest brother; but 'so long as they live in union among them selves with the taluqdar,' the taluqa was to remain undivided, and the income therefrom was to be 'spent on the whole family', alter paying government and village dues.3. the testator also directed the division of his moveable property in case of a separation, .....Tag this Judgment!