Mumbai Court February 1876 Judgments
Gumna Dambershet Vs. Bhiku Hariba and anr.
Court: Mumbai
Decided on: Feb-16-1876
Reported in: (1877)ILR1Bom125
Nanabhai Haridas, J.1. This is a suit upon a promissory note dated the 2nd April 1868. The note, among other things, stipulates that the principal amount, with interest at 12 per cent. per annum, is to be repaid by half-yearly instalments of Rs. 150 each, and that, in the event of any one of those instalments not being punctually paid, the whole amount is to become payable at once.2. The first instalment accordingly fell due on the 2nd October 1868, when it was not paid, and this suit was instituted on the 19th October 1871. The Subordinate Judge and the District Judge in appeal have both held it barred by the law of limitation; and the only question, therefore, which we have to determine now is, is it so barred3. The law of limitation applicable to this case is Act XIV of 1859, of which Clause X, Section 1, provides as follows:To suits brought to recover money lent or interest, or for the breach of any contract in which there is a written engagement or contract, and in which such enga...
Tag this Judgment!Nathubhai Bhailal Vs. Javher Raiji and anr.
Court: Mumbai
Decided on: Feb-16-1876
Reported in: (1877)ILR1Bom121
Nanabhai Haridas, J.1. This is a reference made to us by the Judge of the Court of Small Causes at Ahmedabad under Section 22 of Act 'XI of 1865. The question he has referred for our opinion is, 'whether or not a wife, who is separated from her husband, is liable for debt contracted by her. '2. He has not informed us as to the circumstances under which, or as to the purpose for which, the debt was contracted: and the only facts stated to us are that it was contracted jointly by the two defendants, brother and sister, the latter being a married woman living separate from her husband; that 'the defendants are of the Rajput caste and are labourers by calling'; and that, in contracting the debt, the female had acted without her husband's consent. There; is not any statement that the defendant Hetta has been so ill-treated by her husband or his second wife as to warrant Hetta in leaving him, or to create a liability on his part to pay debts contracted by her for necessaries. The mere circum...
Tag this Judgment!Reg. Vs. Rahimat
Court: Mumbai
Decided on: Feb-16-1876
Reported in: (1877)ILR1Bom147
West, J.1. Section 188 of the Code of Criminal Procedure says that 'in the case of offences which may lawfully be compounded, injured persons may compound the offence out of Court or in Court with the permission of the Court,' and that 'such withdrawal from the prosecution shall have the effect of an acquittal of the accused person.' The case before us is one in which an accusation of voluntarily causing grievous hurt has been compounded with the permission of the Court; and the question is, whether this is a case of an offence 'which may lawfully be compounded. '2. The remedies provided by the law for wrongs which it recognizes as affording a proper ground for the exercise of the State's coercive power, may be classed generally as criminal and civil. The latter apply properly to wrongs not regarded as so flagrant and so dangerous to society at large as to call for the spontaneous interference of the State. The general well-being of the community is sufficiently protected by the exerci...
Tag this Judgment!Valaji Isaji and ors. Vs. Thomas
Court: Mumbai
Decided on: Feb-02-1876
Reported in: (1877)ILR1Bom190
Michael Westropp, C.J.1. Agreement paper, Tuesday the 12th of the month of Waisakh Shoodh, the Shak 1796, the year being called Bhav (28th April 1874), on that day to Valaji Esaji and brother, Boharas, residing at Bohara Lane in Camp, Sadar Lane, Bazaar, Poona. From Mrs. J. Thomas, Madam, residing in Lascar Pet, Staff Poona. I give this agreement paper in writing as follows: There is my tiled bungalow, No. 2436, situated at East Street Lane. The agreement for the sale thereof to you by me for Rs. 4,300, four thousand three hundred, was to be made this day, but my creditor Balkrishna Sayapa has gone to Bombay. On his return after about (20) twenty days I will make and deliver a deed of sale in accordance with what is written above. Should I not make and deliver the deed of sale within that time, or on the return of the said person. I will make good whatever loss you may sustain. And Rs. (100) one hundred, which you have now paid as earnest, will be (considered) as forfeited if you do no...
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