Mumbai Court April 1903 Judgments
Hari Pandurang and anr. Vs. Secretary of State for India in Council an ...
Court: Mumbai
Decided on: Apr-07-1903
Reported in: (1904)ILR27Bom276
L.H. Jenkins, K.C.I.E. C.J.1. In the year 1898 certain improvements were projected in the City of Bombay, and an Act called the City of Bombay Improvement Act, 1898, was passed giving to a Board thereby constituted certain powers with a view to carry these improvements into effect.2. On the 25th September, 1902, there was published in the Bombay Government Gazette a declaration purporting to be in pursuance of the Act, stating that the Governor of Bombay in Council had sanctioned a street scheme made by the Trustees for the Improvement of the City of Bombay under the provisions of the Act (that being the style of the Board thereby constituted) and that certain lands, including those in suit, were 'needed to be acquired by the said Trustees for the purposes of executing the said street scheme' and were required for a public purpose.3. On the 27th November, 1902, the plaintiffs received notices addressed to Pandurang Nilaji, their deceased father, and also to each of them in the followin...
Tag this Judgment!Bhikabhai Ratanchand Vs. Bai Bhuri
Court: Mumbai
Decided on: Apr-01-1903
Reported in: (1904)ILR27Bom272
Chandavarkar, J.1. We agree with the Courts below in the view that the present suit, which was brought by the plaintiff to recover the arrears of maintenance for two years and nine months, commencing with the 27th September, 1898, due upon a deed executed by the first 1 defendant, who is her husband, and by the second defendant as surety for him, is not barred SO far as the second defendant's liability is concerned by the decree in Suit No. 568 of 1898.2. In that suit, no doubt, the plaintiff sought to hold the second defendant liable as surety for the arrears claimed therein on the basis of the deed on which the present action is founded, and it is also true that the Subordinate Judge passed a decree therein for the arrears claimed as against defendant 1 only. But 'in order to see what was in issue in a suit or what has been heard and decided, the judgment mast be looked at. The decree, according to the Code of Civil Procedure, is only to state the relief granted or other determinatio...
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