Mumbai Court November 1888 Judgments
Dhania Vs. F.L. Clifford
Court: Mumbai
Decided on: Nov-19-1888
Reported in: (1889)ILR13Bom376
Birdwood, J.1. We think that further inquiry must be ordered in this case, as the accused made certain admissions, in his deposition before the Second Class Magistrate in the case in which he prosecuted one Dhanjibhai, the effect of which has not been considered by the Magistrate in dealing with the present complaint. That deposition was apparently given under circumstances which would permit its admission as evidence against the accused Queen Empress v. Ganu Sonba I.L.R. 12 Bom. 440 ; and in it the accused said that he told his peon to bring the present complainant Dhania to his office in his tent. He further said that the peon brought Dhania, and that Dhania was with the peon all night, and that he detained Dhania to prevent his being induced by Dhanjibhai to alter his statement. Moreover, he said that, to the best of his knowledge, the toddy seller Bajanji came and asked him to release Dhania, and offered to stand security, and that he would not release him on bail. The deposition c...
Tag this Judgment!Vinayak Moreshawar Vs. Baba ShabudIn and ors.
Court: Mumbai
Decided on: Nov-15-1888
Reported in: (1889)ILR13Bom373
Charles Sargent, C.J.1. Section 9 of the Khoti Act (Bombay) I of 1880 is plainly not retrospective in its terms as the Subordinate Judge appears to have thought. The question whether the lease, which had been granted to Balambhat in 1854, and transferred to plaintiff in 1878, was transferable as against the defendants, must depend upon the language of the lease itself and the custom of khoti villages. The Assistant Judge relies entirely on the former as showing that the tenant's interest was inalienable; but the words 'you are to enjoy, you and your sons, grandsons, from generation to generation' do not of themselves have that effect, as was ruled by the Privy Council in Rajah Nursing Deb v. Roy Koylashnath 9 M I.A. 55 . The only conclusion to be drawn from them is that the tenant was to hold in perpetuity at a fixed rent, in consideration of his making the embankment. The defendants have not raised an issue as to the custom of the village, or given any evidence of such custom; and we ...
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