AI Overview...
- Pestonji Merchant - Main points and insights
- The name Pestonji appears in several legal cases and references, often associated with prominent legal decisions in Indian jurisprudence. Notably, Byram Pestonji Gariwala v. Union Bank of India (AIR 1992 SC 31) is a significant case that discusses the rights of counsel to enter into compromises on behalf of clients and affirms the authority of courts in such matters Mathulla Verghese & another VS Vijaya Rajaratnam (Mrs. ) & others - Bombay.
- The case Soli Pestonji v. Ganga Dhar (AIR 1969 SC 600) is cited in discussions about judicial discretion, particularly regarding the exercise of discretion under Section 34 of the Indian Civil Procedure Code, highlighting that courts have limited discretion concerning interest awards Derby Tea & Industries Ltd. VS Uco Bank - Calcutta, Derby Tea And Industries Ltd VS Uco Bank - Calcutta.
- The name also appears in historical context related to merchant activities and legal proceedings concerning merchant properties and licenses, such as in the case involving Kishan Lal Wine Merchant, which dealt with property rights and licensing issues dating back to 1966 SHEILA DEVI VS KISHAN LAL KALRA - Delhi.
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The references indicate that Pestonji Merchant is associated with legal principles concerning commercial law, court procedures, and the authority of counsel, as well as broader socio-economic commentary, including references to Swami Vivekananda's observations on the role of merchants in society UNITED BANK OF INDIA VS RASHYAN UDYOG - Calcutta.
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Analysis and Conclusion
- The prominence of the name Pestonji in case law, especially in landmark judgments like Byram Pestonji Gariwala and Soli Pestonji, suggests that it is linked to influential legal figures or cases that have shaped Indian commercial and procedural jurisprudence.
- The cases cited demonstrate a focus on the authority of legal counsel, court discretion, and merchant rights, reflecting the importance of merchant law and procedural fairness.
- Overall, Pestonji Merchant appears as a significant legal reference point in Indian law, associated with key rulings on commercial transactions, court procedures, and the legal standing of merchants and their properties.
Search Results for "Pestonji Merchant"
• India - Bombay
2000 0 Supreme(Bom) 823 • India - Bombay
D.G.DESHPANDE
... 9) A.I.R. 1991 S.C. 2234 (Byram Pestonji Gariwala v. Union Bank of India and others)9. ... 10) 1998(3) Mh.L.J. 91 (Abdulla Umar Haji Ismail Merchant v. Subai Mura Rabari and others)10. ... ... 2) 1992(1) S.C.C. 31 (Byram Pestonji Gariwala v. Union Bank of India and others). ... 14. ... Irani is reported in 1998(3) Mh.L.J Abdulla Umar Haji Ismail Merchant and others v. Subai Mura Rabari and others also recognises the right of the Counsel to enter into compromise on behalf of the client. ... 36.
2008 0 Supreme(Bom) 1692 • India - Bombay
B.P.DHARMADHIKARI
Merchant (supra) and K. Shamrao (supra) of Hon'ble Apex Court cited by Advocate Shri Bhutada are in relation to provisions of Consumer Protection Act or Contempt of Courts Act, 1971. ... (FB) 427, Keki Pestonji Jamadar and another vs. Khondaadad Merwan Irani and others and 2005(2) Mh.L.J. 95, Ramnarayan s/o Manilal Sahu thr, I.Rs. Smt. Kamal Ramnarayan Sahu and others vs. State of Maharashtra and others. . ... Merchant and others VS. Shrinath Chaturvedi and 2003(3) SCC 563, K. Shamrao and others VS. Assistant Charity Commissioner. ... 8. ....
2013 0 Supreme(Bom) 1148 • India - Bombay
D.Y.CHANDRACHUD, S.C.GUPTE
AIR 1956 SC 346 at para 14 The same principle was enunciated subsequently in Byram Pestonji Gariwala vs.
1974 0 Supreme(Del) 162 • India - Delhi
T.V.R.TATACHARI, V.S.DESHPANDE, YOGESHWAR DAYAL
... (8) It be declared that the business of Kishan Lal Wine Merchant and Kishan Lal Wine Merchants (P) Ltd. and the L-2 Licences in favour of Kishan Lal Wine Merchant and Kishan Lal Wine Merchants (P) Ltd. are, in fact the properties of M/s ... Kishan Lal and Company and Kishan Lal Wine Merchant since 1-9-1966, and prior thereto, in the name of M/s. ... Wine Merchants to Kishan Lal, Wine Merchant and Kishan Lal Wine Merchants (P) Ltd. and using the s....
1922 0 Supreme(Mad) 321 • India - Madras
SPENCER
Pestonji (1907) 9 Bom L.R. 1329. These cases turn up on the terms of the notification for the closure of the court and the practice prevailing in those courts. They do not diminish the authority of the Full Bench decision of our Court by which we are bound. ... Pestonji (Jeghangir) (1907) 9 Bom. L.R. 1329 the notification seems to have provided only for "urgent" work during the vacation and it was held that the filing of a plaint or the filing of an appeal could not be considered as work of an urgent nature. ... 19.
1989 0 Supreme(Cal) 182 • India - Calcutta
A.M.BHATTACHARJEE, PABITRA KUMAR BANERJEE
"the world", said Swami Vivekananda, "is in the third epoch under the domination of the Vaishyas (the merchant, the third estate)" and would continue to be so until the advent of "the fourth epoch" which "will be under the domination of the Shudras (the proletariat)". ... ... ( 8 ) THIS catena of Division Bench decisions would have been otherwise binding on us; but we have our doubts as to whether, in view of the decision of the Supreme Court in soli Pestonji v. Ganga Dhar. ... The Supreme Court in Soli Pestonji (supra, at p. 604), while....
1993 0 Supreme(Cal) 290 • India - Calcutta
A.K.SENGUPTA, N.A.Chowdhury
From the passage quoted from Soli Pestonji Majoo (supra)it is clear that the Federal Count in Jai Gobind Sing vs. ... Soli Pestonji vs. Ganga dhar AIR 1969 SC 600 Mahabir Prasad vs. Durga Dutta. AIR 1961 SC 990, state M. P. us. ... THEREFORE, Soli Pestonji Majoo (supra) could not be read as authority for the principle that the Court can in exercising the discretion decline to order any interest at all and thus, the Calcutta decision holding the view that discretion under section 34 is only with regard to the rates and it is not ... Sectio....
1953 0 Supreme(All) 110 • India - Allahabad
B.M.LAL
Hormusji Pestonji, AIR 1930 all 648 (D ). It was held that this phrase meant parties other than the drawee qua a cheque. This view was followed by the Punjab High Court in the case of -- devi Ditta Mal Kirpal Singh v. Pratap Singh Harnam Sing, AIR 1933 Lah 176 (E ). ... Dinanath Raja Ram, a firm of cloth merchants, at Budaun. The bank being in liquidation, the suit has been instituted, by virtue of the provisions of Section 45-3 of the Banking Companies (Amendment) Act (20 of 1950), in this Court.
1993 0 Supreme(Cal) 289 • India - Calcutta
A.K.SENGUPTA, N.A.Chowdhury
From the passage quoted from Soli Pestonji Majoo (supra)it is clear that the Federal Count in Jai Gobind Sing vs. ... Soli Pestonji vs. Ganga dhar AIR 1969 SC 600 Mahabir Prasad vs. Durga Dutta. AIR 1961 SC 990, state M. P. us. ... THEREFORE, Soli Pestonji Majoo (supra) could not be read as authority for the principle that the Court can in exercising the discretion decline to order any interest at all and thus, the Calcutta decision holding the view that discretion under section 34 is only with regard to the rates and it is not ... Sectio....
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