Mumbai Court July 1908 Judgments
Dattatraya Waman Vs. Rukhmabai Pandurang
Court: Mumbai
Decided on: Jul-31-1908
Reported in: (1908)10BOMLR770
Batchelor, J.1. This was a suit for maintenance brought by a Hindu widow. The Judge of first instance dismissed the suit on this among other grounds that it was premature. The learned Judge in the Court of appeal differing from that view allowed the suit and gave the plaintiff a decree for maintenance at the rate ofRs. 100 a year.2. The only question raised in this appeal is whether the cause of action had accrued to the plaintiff when this suit was filed in February 1904. At that time the findings of the Court show that the plaintiff was in possession of a fund belonging to her husband's family estate, which fund was sufficient to provide for her maintenance for five years at the rate allowed by the lower Court. And in this state of the facts, we are of opinion that no cause of action had accrued to the plaintiff. In 1904 the Court was not in a position to forecast events or to anticipate the position of affairs five years later. In other words it was not in a position to make a decre...
Tag this Judgment!Mahomed Ali Haidarkhan Vs. the Secretary of State
Court: Mumbai
Decided on: Jul-31-1908
Reported in: (1908)10BOMLR1101
Arthur Wilson, J.1. This is an appeal against a judgment and decree of the High Court of Calcutta, dated the 29th. March 1904', which affirmed the judgment' and decree of the Subordinate Judge of Sylhet, dated the 15th April 1899.2. The question raised upon the appeal is whether Regulation III of 1891, issued under the authority of the Act 33 Vict., c. 3, can properly be applied in the case of certain lands known by the name of Puber Pahar.3. The Regulation in question begins with a most useful preamble, which recites as follows :-Whereas the officers who effected the permanent settlements of certain estates in the district of Sylhet included, for the purposes of assessment, among the assets of those estates, under the designation of jhum..., the income then derived by the proprietors of those estates from shifting cultivation carried on by them or their dependents beyond the limits of those estates, and from tolls levied by them on forest-produce cut, gathered or enjoyed in places bey...
Tag this Judgment!Dattatraya Waman Tillu Vs. Rukhmabai
Court: Mumbai
Decided on: Jul-31-1908
Reported in: 1Ind.Cas.466
1. This was a suit for maintenance brought by a Hindu widow. The Judge of first instance dismissed the suit on this, among other grounds, that it was premature. The learned Judge in the Court of Appeal differing from that view allowed the suit and gave the plaintiff a decree for maintenance at the rate of Rs. 100 a year.2. The only question raised in this appeal is whether the cause of action had accrued to the plaintiff when this suit was filed in February 1904. At that time the findings of the Court show that the plaintiff was in possession of a fund belonging to her husband's family estate, which fund was sufficient to provide for her maintenance for five years at the rate allowed by the lower Court. And in this state of the facts, we are of opinion that no cause of action had accrued to the plaintiff. In 1904 the Court was not in a position to forecast events or to anticipate the position of affairs five years later. In other words it was not in a position to make a decree for main...
Tag this Judgment!Shivram Dhondu Pujara Vs. Sakharam Krishna Kulkarni
Court: Mumbai
Decided on: Jul-30-1908
Reported in: (1908)10BOMLR939
Basil Scott, C.J.1. The opponents in this execution proceedings are Hindus governed by the Mitakshara law. The original first defendant, their father, died before decree. On his death the opponents were placed on the record as defendants as his legal representatives. The plaintiff has obtained a simple money decree against them as such legal representatives for Rs. 1271-5-6 and costs to be recovered from the estate of the deceased. He has attached various properties mentioned in the application for execution which with a few trifling exceptions are ancestral properties which devolved exclusively upon the opponents by right of survivorship on their father's death. They claim that the ancestral properties form no part of the estate of their father at the date of the decree and consequently are not liable to attachment. It is no doubt correct that at the date of decree the properties in question formed no part of the estate of the deceased. It has however been decided by this Court in Ume...
Tag this Judgment!Shiv Ram Dhondu Pujara Vs. Sakha Ram Krishna Kulkerni
Court: Mumbai
Decided on: Jul-30-1908
Reported in: 1Ind.Cas.459
1. The opponents in these execution proceedings are Hindus governed by the Mitakshara law. The original first defendant, their father, died before decree. On his death the opponents were placed on the record as defendants as his legal representatives. The plaintiff has obtained a simple money decree against them as such legal representatives for Rs. 1,271-5-6 and costs to be recovered from the estate of the deceased. He has attached various properties mentioned in the application for execution which, with a few trifling exceptions, are ancestral properties which devolved exclusively upon the opponents by right of survivorship on their father's death. They claim that the ancestral properties formed no part of the estate of their father at the date of the decree and consequently are not liable to attachment. It is no doubt correct that at the date of decree the properties in question formed no part of the estate of the deceased. It has, however, been decided by this Court in Umed Hathisi...
Tag this Judgment!Jalbhoy Ardesir Sett Vs. Secretary of State for India
Court: Mumbai
Decided on: Jul-29-1908
Reported in: (1908)10BOMLR931
Batchelor, J.1. This is an appeal from the Tribunal of Appeal, which on a reference from the Special Collector under the Land AcquisitionAct and the (sick) of Bombay Improvement Act awarded to the claimant Rs. 8, (sick) 4-6 as compensation for a parcel of his land acquired for (sick) Improvement Trust. The reference is case No. 502 of Scheme No. III, and the land in question consists of 212 square yards, with a substantial building upon it. It is situated on the Eastern side of Navroji Hill and abuts on a road or passage, known as Navroji Hill second road, which runs along the top of the scarp forming the Eastern boundary of the hill. Towards the West the slope of the hill is generally downwards ; and Eastwards of Navroji Hill second road is level ground from which the hill has been quarried away. The highest point of the hill was situated on that part of the hill East of Navroji Hill second road which part has, as I have said, since been quarried away.2. Navroji Hill second road, whic...
Tag this Judgment!Ganapa Sanna Suba Vs. Subi Sanna Suba
Court: Mumbai
Decided on: Jul-24-1908
Reported in: (1908)10BOMLR927
Batchelor, J.1. In this appeal the question is whether the plaintiff is bound by the permanent lease granted by the widow in January 1889. This question the learned District Judge has answered in the affirmative on the ground that the lease was necessary in order to prevent the land from being wasted and to bring large parts of it under cultivation. Several cases are cited by the learned Judge in support of his opinion, and the question we have to answer is whether that opinion is really in accordance with law.2. Now there can be no doubt of the general principle that a permanent alienation of immoveable property by a Hindu widow can only be justified on the ground of necessity. What necessity has hitherto been supposed to include, may be seen on reference to Golap Chandra Sarkar's work at p. 312, where the instances given of necessity are religious purposes, payment of the husband's debts, performance of his funeral rites, maintenance of the widow, certain marriages, costs of certain ...
Tag this Judgment!Laxmi Tatya Lugade Vs. Aba Appaji Lugade
Court: Mumbai
Decided on: Jul-23-1908
Reported in: (1908)10BOMLR924
Basil Scott, C.J.1. This is an appeal from a decision in a probate matter come to by the Assistant Judge of Satara.2. The appeal is brought directly to this Court from that Judge and the preliminary objection has been taken on behalf of the respondent that no appeal lies to this Court in the first instance by reason of the provisions of Section 16 of the Bombay Civil Courts Act XIV of 1869, as amended by Bombay Act I of 1900, Section 2. That section as amended runs as follows :-' The District Judge may refer to any Assistant Judge subordinate to him original suits of which the subject-matter does not amount to ten thousand rupees in amount or value, applications or references under special Acts and miscellaneous applications not being of 'ya the nature of appeals. The Assistant Judge shall have jurisdiction to try such suits and to dispose of such applications or references. Where the Assistant Judge's decrees and orders in such cases are appealable, the appeal shall lie to the Distric...
Tag this Judgment!In Re: Esufali Salebhai
Court: Mumbai
Decided on: Jul-23-1908
Reported in: (1908)10BOMLR994
Macleod, J.1. By a declaration published in the Local Government Gazette of the 6th November 1902, under Section 6 of the Land Acquisition Act, the Local Government notified their intention of acquiring certain land fronting on Parel Road for a public purpose. Notices dated the 19th November 1902 were served addressed to Salebhai Heptoola and Ebrahim Jiva calling upon them to appear at the Collector's office on the 8th December and prove by document the nature of their interest in the land and building referred to and the amounts of their claims. On the 8th December Esufaly Salebhai the surviving administrator of Salebhai Heptoola appeared before the Collector as the only claimant. Ebrahim Jiva who had leased the greater portion of the property from Salebhai for the purpose of bullocks stables attended by his partner Ahmed Moosa and stated that as his lease had expired he had no claim.2. The enquiry was proceeded with by the Collector on the footing that Salebhai had an a absolute inte...
Tag this Judgment!Nathu Piraji Marwadi Vs. Umedmal Gadumal
Court: Mumbai
Decided on: Jul-22-1908
Reported in: (1908)10BOMLR768
Batchelor, J.1. The first question raised in this appeal turns upon the manner in which the case was dealt with by the lower appellate Court, and to appreciate the point, it will be necessary to refer to the pleadings and issues.2. The suit was one to obtain possession of certain land, and in the first paragraph of the plaint, the property is claimed by the plaintiff as being his ancestral property. Reference is then made to certain proceedings in a previous litigation before the High Court to which it was said that the defendant had been a party.3. The defendant's written statement contains nine paragraphs which traverse various allegations made in the plaint. But upon a fair reading of this written statement, we do not find that the ownership of the plaintiff is anywhere contested. It is true that there is a reference to the High Court proceedings in the appeal of 1902, but that reference, we think, was merely to rebut an inference which the plaint had suggested that these earlier pr...
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