LexLords NRI Legal Services in Mumbai by NRI Legal Services LexLords

NRI legal services - https://lexlords.com/divorce/ https://lexlords.com/company-incorporation-and-llp/ - https://lexlords.com/company-incorporation-and-llp/ . has been assigned to them in the latter Act. 175 of 1946, arising out of the Judgment and Decree dated the 28th February, 1946, of the Court of the Civil Judge, Senior Division at Broach in Special Suit No. Sangh" which is recognized as a "representative union under the Bombay Industrial Relations Act, 1946, on the ground that it represents notless than 15 per cent. The appellant did not disclose the fact of disappearance of the deceased from 16. It was therefore submitted that the conviction recorded by the trial Court and affirmed by the High Court calls for no interference in the appeal The deceased was identified by the articles i. arc unorganized and do not belong to any union. It was contended by the learned counsel appearing on behalf of the State of Tamil Nadu that the accused and the deceased used to quarrel frequently. Once the accused persons came to know of the deceased having entered into agreement of sale, they had decided to get rid of him and thereby murdered him and threw the body below the bridge of the canal. It was submitted that the extra-judicial confession made by the appellant to P. It was the habit of the deceased of drinking alcohol and indulge in gambling. , Weston and Dixit JJ. If an innocent purchaser or pledgee obtains goods from the person in possession thereof, whose possessory right is, defeasible on the ground of fraud but had not actually been defeated at the time when the transaction took place, there is no reason why the rights of such innocent purchaser or pledgee should not be protected. The judgment of the Court was delivered by GHULAM HASAN J. A consent induced byfalse representation may not be free, but it can nevertheless be real, and' ordinarily the effect of fraud or misrepresentation is to render a transaction voidable only and not void. XLVIII of 1950) but reduced their sentences from six months' rigorous im- prisonment to three months' simple imprisonment and set aside against each of the appellants the sentence of fine of Rs. -These consolidated appeals by the NRI Legal Services - https://lexlords.com/criminal-revision/ three appellants arise out of NRI Legal Services - https://lexlords.com/the-real-estate-regulation-and-development-act-rera/ the judgment and order of the High Court of judicature at Bombay (Bavdekar and Dixit JJ. of such textile workers. The, right in the possessor or bailee in such circumstances is determinable no doubt but so long as it is not determined it is sufficient to enable him to create tide in,, favour of an innocent transferee for value without 399 notice. ; and the third is "Girni Kamgar,Union" representing the least percentage of workers. Section 14 of the Contract Act defines theexpression "free consent" and a consent is tree when it is not caused by coercion, under influence, fraud, misrepresentation or mistake. The appellants are the President and the Secretaries of the Mill Mazdoor Sabha, a union of textile workers in Bombay registered under, the Indian Trade Unions Act. 2005 to the police and she was not the person to identify the articles belonging to the deceased. There is no definition of "consent" in the Sale of Goods Act itself, but section 2(15) of the Act definitely lays down that the expressions used and not defined in the Act, but which are defined in the Indian Contract Act, shall have the same meaning as. This proposition is well recognised in English law and seems to us to be well founded on principle. ), whereby the High Court confirmed the convictions of the appellants recorded by the Presidency Magistrate, Fifth Court, Greater Bombay, under section 27 of the Industrial Disputes (Appellate Tribunal) Act (No. of them belong to three different labour unions. made the following oftquoted observation :- "However fraudulent a person in actual custody may have been, in obtaining the possession, provided it does not amount to larceny by trick and however grossly he may abuse confidence reposed in him, or violate the mandate under which he got possession, he can, by his disposition, give a good title to the purchaser. " The opinion of the learned judge in regard to the so- called exception where there is a "larceny by trick" has been the subject of much comment both favourable and adverse in later cases as we shall see presently; but the main proposition enunciated by him has never been disputed( 2 ). Appeal from the Judgment and Decree dated the 31st March, 1949, of the High Court of Judicature at Bombay (Chagla C. 4 and recovery of motor bike and nylon saree which was used for committing murder show that the chain of circumstances is complete. It is common ground that apart from the members of the above three unions, a large number of workers representing about 65 per cent. The deceased was last seen in the company of the accused. It appears that there are about 2,10,000 textile workers working in Bombay and about 35 per cent. The first is called "Rashtriya Mill Mazdoor. Pockett's Bristol Channel Steam Packet Company( 1), Collins L. The second is called"the Mill Mazdoor Sabha", of which the appellants are the office bearers, but this union represents less than15 per cent.