Mumbai Court May 1883 Judgments
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Joshi Kalidas Sevakram Vs. the Dakor Town Municipality
Court: Mumbai
Decided on: May-03-1883
Reported in: (1883)ILR7Bom399
Charles Sargent, Kt., C.J.1. The questions referred to the Court a rise out of a plaint filed by a house holder of the town of Dakor, seeking to, recover from the municipality of that town the sum of Rs. 2, Which he alleges to have been levied from him in payment of a house-tax illegally imposed on the inhabitants. The first question is-whether the plaint is barred by Section 86, Act VI of 1873, under which Act the tax was imposed and levied. That section provides that no action shall be brought against the municipality for anything done, or intended to be done, under the Act, until the expiration of one month after a notice in writing stating with reasonable particularity the cause of action; and every such action shall be commenced within three months next after the passing of the final order by the municipality or officer having power to pass such order, and not afterwards. It appears that the plaintiff, on receiving a bill from the secretary of the municipality demanding payment of...
Fatma and ors. Vs. Shaik Essa BIn Khaliffa and ors.
Court: Mumbai
Decided on: May-01-1883
Reported in: (1883)ILR7Bom266
West, J.1. The point that now arises on the construction of Act V of 1881 is by no means free from doubt. The difficulty is created by the way in which the Act is drawn with reference to the previous Acts X of 1865 and XXI of 1870. Section 2 of Act XXI of 1870, the Hindu Wills Act, incorporates, amongst others, Section 187 of the Indian Succession Act X of 1865, thereby making probate necessary in the case of Hindus, Jains, &c.; Act V of 1881, by Section 154, amends in some respects, but not in this, Section 2 of the Hindu Wills Act. The result is that Section 187 of Act X of 1865 is incorporated in Act V of 1881; but that still leaves untouched the case of a Mahomedan will. Prima facie, one would conclude from such inclusion and omission that the omission was intentional. But if we look at the history of this legislation, and see by what steps it has come to the point it has now reached, we must come, I think, to a different conclusion. In 1865 the first Act on this branch of the law ...
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