Mumbai Court October 1882 Judgments
Shivram Narayan Mekal Deceased by His Sons and Heirs Vs. Ravji Sakhara ...
Court: Mumbai
Decided on: Oct-11-1882
Reported in: (1883)ILR7Bom254
Charles Sargent, Kt., C.J.1. The plaintiff in this case seeks to have possession given him of one undivided sixth part of the property in possession of the defendant. The defendant is admittedly the purchaser at an auction sale in 1865 and 1866 in execution of a decree obtained by one Allarakia, to whom plaintiff's father had executed a mortgage of the property, and he produced an unregistered certificate of sale in proof of his title. Both the Courts below held it to be inadmissible, and passed judgment for the plaintiff. The decision in Padu Malhari v. Rakhmai 10 Bom. H.C. R 435 is conclusive as to the inadmissibility of the certificate. The question, however, whether a purchaser at an auction sale under the Code of Civil Procedure of 1859, who has obtained possession without a certificate of sale, is entitled to retain it, has never, as far as we are aware, been decided in this Court. In Tukaram v. Satvaji I.L.R. 5 Bom. 206 Sir Michael Westropp, C.J., says: 'This Court is not to be ...
Tag this Judgment!In Re: Cowasji Beramji Lilaoovala an Alleged Lunatic
Court: Mumbai
Decided on: Oct-02-1882
Reported in: (1883)ILR7Bom15
Latham, J.1. The only ground on which the Acting Advocate General on behalf of the alleged lunatic objected to my reporting to the Court that his client was 'of unsound mind and incapable of managing himself and his affairs', was the opinion expressed by Dr. Nolan that Cowasji's mental infirmity was not unsoundness of mind, but weakness of mind or imbecility resulting from old age. Dr. Nolan says that as a medical term, unsoundness of mind answers to what is popularly styled lunacy, and is applied only to the state of mind resulting from disease, not to congenital imbecility or senile decay of the mental powers; or, as I suppose it might be put, to amentia not dementia. The expression 'whether the alleged lunatic is of unsound mind and incapable of managing himself and his affairs' is taken from Stat. 16 and 17 Vic., c. 70, Sections 44 and 47, and is repeated in the later English Act 25 and 26 Vic., c. 86, Section 3. From Taylor's Medical Jurisprudence (2nd ed., 1873), Vol. 2, p. 480, ...
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