Mumbai Court September 1875 Judgments
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Dayal Jairaj Vs. Jivraj Ratansi and anr.
Court: Mumbai
Decided on: Sep-28-1875
Reported in: (1877)ILR1Bom237
Green, J.1. Though the right of the plaintiff' to call upon Jivraj Ratansi to execute a legal mortgage of the property, described or referred to in the agreement of 11th August 1865, depended on the plaintiff making a further advance of Rs. 27,000, to complete the Us. 65,000 agreed to be advanced, yet the deposit of the title deeds, though coupled with the expression in the agreement of the purpose of such deposit, as being to enable the plaintiff to get a proper mortgage-deed prepared, would, having regard to the fact that Rs. 38,000 had been already advanced on account of the Rs. 65,000, amount in law to an equitable mortgage to secure the Rs. 38,000, so far as concerned the property comprised in the deeds deposited or any of them: Keys v. Williams 3 Y. & Col. 55, Hockley v. Bantock 1 Russ. 141.2. Upon, or shortly after, 11th August 1865 the plaintiff delivered the agreement and the title-deeds so deposited with him by Jivraj Ratansi to his (the plaintiff's) solicitors. He appears to...
Reg. Vs. Tukaya BIn Tamana
Court: Mumbai
Decided on: Sep-14-1875
Reported in: (1877)ILR1Bom214
5. There should either be one sentence for both offences in a case of conviction of house-breaking by night in order to commit theft, and theft, not exceeding that which may be given by the law for the graver offence, or separate sentences for each offence, provided that in the aggregate the punishment awarded does not exceed that which may be given for the graver offence....
Rahi Wife of Teja Kurad and ors. Vs. Govinda Valad Teja
Court: Mumbai
Decided on: Sep-07-1875
Reported in: (1877)ILR1Bom97
Michael Westropp, C.J.1. The findings of fact of the Joint Judge are, in special appeal, binding on this Court. Teja Kurad, Gau, and all of the parties to this suit, are admitted to belong to the Sudra tribe, and it has not been denied that their caste is one in which the custom of remarriage prevails. The pleader for the special appellants at first contended that non-access of Bhagu to Gau was not found as a fact, but when offered by this Court an issue on the question of access or non-access, declined it, and abandoned that point. He contended, however, that as the Pat marriage was void, inasmuch as Gau had not been divorced from Bhagu, who was still living, the plaintiff must be regarded as the result of an adulterous intercourse, and, therefore, could not be deemed such an illegitimate child as might, by the Hindu Law applicable to Sudras, succeed to the estate of his putative father. Whether, under such circumstances, the plaintiff is entitled as illegitimate son of Teja Navsaji, ...
Ravji Narayan Mandlik Vs. Dadaji Bapuji Desai, Mamlatdar of Ratnagiri
Court: Mumbai
Decided on: Sep-05-1875
Reported in: (1877)ILR1Bom523
Michael Westropp, C.J.1. This action was brought by the plaintiff as proprietor of a moiety of the village of Nanej, to recover from the Mamlatdar the plaintiff's half of the land rents for the year 1870-71 wrongfully, as the plaintiff alleges, intercepted and withheld by the Mamlatdar.2. The Assistant Judge, who tried the suit, awarded a part of the claim; but the District Judge, on appeal, reversed this decision on the ground that the suit related to a grant of land revenue and, as such, was, for want of the certificate required by Act XXIII of 1871, barred by Section 6 of that Act.3. The only question, therefore, before us is, whether Act XXIII of 1871 operates so as to deprive the Ordinary Civil Courts of jurisdiction in a suit brought under such circumstances as present themselves here.4. The sanad, whereby the village (or perhaps we should rather say so much of it as belonged to the Satara Government) was granted to Visaji Rav Mandlik, the ancestor of the plaintiff, (special appe...
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