Mumbai Court December 1909 Judgments
In Re: Dhondo Kashinath Phadke
Court: Mumbai
Decided on: Dec-22-1909
Reported in: (1910)12BOMLR120
1. This is an application by the petitioner Dhondo Kashinath Phadke by way of appeal against the order of the District Magistrate of Thana forfeiting the Arunodaya Press.2. The argument advanced before us is that the Magistrate should have limited his order to the forfeiture of such portions of the Arunodaya Press as were used for the printing of the Hindu Punch and should not have passed an order of forfeiture of the whole press.3. It is to be observed, however, that Section 3 of the Newspaper (Incitement to Offences) Act, VII of 1908, provides for the making of a conditional order declaring the printing press used for the purpose of printing or publishing such a newspaper to be forfeited, and Clause (c) of Section 2 defines printing press to include all engines, machinery, types, lithographic stones, implements, utensils and other plant or materials used for the purpose of printing.4. As the paper was printed at the Arunodaya Press, the Magistrate was right in forfeiting the whole pr...
Tag this Judgment!Bai Manekbai Vs. Naranji Dwarkadas
Court: Mumbai
Decided on: Dec-21-1909
Reported in: (1910)12BOMLR454
Basil Scott, Kt., C.J.1. This is an appeal from a judgment of Mr. Justice Davar in which he has decided that the son of a father's brother is a nearer heir than the daughter of a brother.2. The argument for the appellant is professedly based upon the reasoning of Mr. Justice West in the case of Lallubhai v. Mankuvarbai ILR (1876) . 2 Bom. 388 in which he points out that the inclusion by Nilakantha of the paternal grandmother amongst gotraja sapindas involves the conclusion that Nilakantha thought that marriage as well as birth created the gotraja relationship and it was argued that if this is so a brother's daughter must be a gotraja sapinda having been born within the gotraja, and upon that basis she is more nearly related to the propositus than the son of the husband's brother also a gotraja sapinda.3. It is, however, to be observed that Mr. Justice West was of opinion that the blood gotrajaship of married woman cannot safely be extended beyond the sister, and Sir Michael West-ropp i...
Tag this Judgment!The Advocate-general of Bombay Vs. Haji Ismail Hasham
Court: Mumbai
Decided on: Dec-17-1909
Reported in: (1910)12BOMLR274
Beaman, J.1. The defendant in this suit, one Haji Esmail, has put up a large building at the corner of Hornby-road and Church-gate Street. The plans were submitted to the Municipal authorities in 1907, and on the 23rd November 1907 the Engineering Department informed the defendant that there was no objection to the proposed extension as shown on the amended plans, provided the work was carried out in accordance with the provisions of the Municipal Act and Building Bye-laws. The plans which were then submitted to the Municipal authorities give an all round height of 70 ft. But the permission granted by the Engineering Department is qualified and the defendant is warned that he must conform with the provisions of the Municipal Act and Building Bye-laws. Apparently at that time it had not occurred to the Municipal authorities that the proposed extension, meaning I suppose down Churchgate Street, would infringe any of those provisions or Bye-laws. The work progressed up to April 1909, when...
Tag this Judgment!The Advocate-general of Bombay Vs. Haji Esmail Hassam
Court: Mumbai
Decided on: Dec-17-1909
Reported in: 5Ind.Cas.213
Beaman, J.1. The defendant in this suit, one Haji Esmail, has put up a large building at the corner of Hornby Road and Church Gate Street. The plans were submitted to the Municipal authorities in 1907 and on the 23rd November 1907 the Engineering Department informed the defendant that there was no objection to the proposed extension as shown on the amended plans, provided the work was carried out in accordance with the provisions of the Municipal Act and Building Bye-laws. The plans which were then submitted to the Municipal authorities give an all round height of 70 feet. But the permission granted by the Engineering Department is qualified and the defendant is warned that he must conform with the provisions of the Municipal Act and Building Bye-Laws. Apparently at that time it had not occurred to the Municipal authorities that the proposed extension, meaning I suppose clown Church Gate Street, would infringe any of those provisions or Bye-Laws. The work progressed up to April 1909 wh...
Tag this Judgment!Musammat Lal Kunwar Vs. Chiranji Lal
Court: Mumbai
Decided on: Dec-16-1909
Reported in: (1910)12BOMLR244
Atkinson, J.1. This is an appeal from a judgment and decree of the High Court of Judicature for the North-Western Provinces, Allahabad, dated the 23rd November, 1905, which reversed the judgment and decree of the Subordinate Judge of Aligarh, dated the 19th August, 1904, on a pure issue of fact.2. That issue of fact is, whether one Brij Lal, deceased husband of Musammat Dhan Kunwar, now also deceased, adopted Chiranji Lal, the plaintiff and respondent, the son of one Ram Lal.3. Tej Ram, the brother of Brij Lal, survived his brother Brij for about eight and a-half years, and died on the 21st June, 1898, leaving two widows him surviving, the senior of whom died on the 24th February, 1899, leaving her surviving Musammat Lal Kunwar, who is the defendant in the suit and the appellant in this appeal.4. The suit was instituted on the 22nd August, 1903, by the plaintiff, in forma pauperis, though his natural father is possessed of some means, against the appellant, Musammat Lal Kunwar, and Mus...
Tag this Judgment!Raja Peary Mohan Mukerji Vs. Narendra Nath Mukerji
Court: Mumbai
Decided on: Dec-16-1909
Reported in: (1910)12BOMLR257
Macnaghten, J.1. This is an appeal from a decree of the High Court of Calcutta affirming a decree of the Subordinate Judge of Hooghly.2. In the Court of first instance, the present respondents were plaintiffs. The suit was brought by them as executors of Bijoy Krishna Mukerji, who was shebait of a debottar estate for nearly four years, to recover Rs. 77,964-9-6 alleged to be due to him in that capacity either from the estate or from the principal defendant, the present appellant, personally.3. The history of the litigation is shortly as follows:-Jaga Mohan Mukerji, who died in 1840, by will dedicated pertain properties to the sheba, or worship, of two Thakurs, or idols, the annual celebration of Durgapuja and other pious acts, and provided for the order of succession to the office of shebait among his own descendants.The first shebait was the appellant's father. He was succeeded by his step-brother, who died in September, 1890. On his death the succession opened to Bijoy Krishna Mukerj...
Tag this Judgment!Trimbak Ramchandra Pandit Vs. Shekh Gulam Zilani Waiker
Court: Mumbai
Decided on: Dec-08-1909
Reported in: (1910)12BOMLR208
Basil Scott, Kt., C.J.1. This is a suit in ejectment brought by an Inamdar against persons claiming to hold as Mirasi or permanent tenants.2. It was conceded in the lower Court that the ' Inam ' rights in the lands in suit appertain to a Saranjam held on political tenure and that the present incumbent of the Saranjam is the plaintiff. The defendants, however, contend that the Inam rights are merely the right to receive the royal share of the revenue and that the proprietary rights in the soil were prior to the date of the Inam grant vested in the grantee of the Inam, have descended to his heirs independently of the Inam, and have furnished the permanent lease-hold or Mirasi interest by virtue of which the defendants resist the plaintiffs claim to eject them. The lower appellate Court held it proved that the Saranjam was created prior to 1785 and that the lands in suit, at any rate since that year, came to be considered as appertaining to the Saranjam. As the lease under which the defen...
Tag this Judgment!Haji Jackeria Haji Ahmed Vs. R.D. Sethna
Court: Mumbai
Decided on: Dec-06-1909
Reported in: (1910)12BOMLR27
Basil Scott, Kt., C.J.1. On the 30th of April 1909, a petition was presented by a creditor of Haji fan Mahomed under Section 9 of the Indian Insolvent Act for his adjudication as an insolvent, alleging that, on the 20th April when in hopelessly insolvent circumstances, he fraudulently assigned over to Haji Jackeria Haji Ahmed Patel, by way of mortgage, all his property in British India in order to secure an alleged debt of three lakhs and a half. Upon that petition Haji Jan Mahomed was adjudicated an insolvent.2. On the 18th June 1909, Haji Jackeria Haji Ahmed Patel applied to the Commissioner in Insolvency for a rule calling upon the petitioning creditor to show cause why the order of adjudication obtained by him should not be reviewed or revoked. He alleged that the order of adjudication was improperly obtained by making misrepresentations to the Commissioner. On the argument of the rule, it was objected that the applicant Haji Jackeria Haji Ahmed Patel had no locus standi to make su...
Tag this Judgment!Fatma Bai Vs. D.R. Umrigar
Court: Mumbai
Decided on: Dec-03-1909
Reported in: (1910)12BOMLR102
Macleod, J.1. The applicant presented this application to the Prothonotary under Order XXXIII of the Civil Procedure Code for leave to sue as a pauper. Under Rule 2 her application was bound to contain all the particulars required in regard to plaints in suits, and was therefore bound to show a cause of action. Under Rule 5, the Court shall reject an application for permission to sue as a pauper inter alia when the applicant is not a pauper or when his allegations do not show a cause of action.I L R (1886) 10 Bom. 207I L R (1886) 10 Bom. 207...
Tag this Judgment!Thakur Nawab Ali Khan Vs. Wahid Ali
Court: Mumbai
Decided on: Dec-03-1909
Reported in: (1910)12BOMLR161
Shaw, J.1. The question between these parties can be stated in short compass. The plaintiff (appellant) is Talukdar of Akbarpur, within which is included the village of Daryapur. As such Talukdar he holds superior proprietary rights in the village. 2. The defendant (respondent) holds, under the ' provision for maintenance' which falls to be construed, the sub-proprietary rights in the village. His mother, Abadi Begam, enjoyed such provision for maintenance, being a sub-proprietor in the second generation. The plaintiff holds similar rights, being a sub-proprietor in the third generation. The payments due from these sub-proprietors to the Talukdar are, it is admitted, governed by the terms of the provision for maintenance.3. The document so falling to be construed is of some interest. It is a translation by the Court translator of ' Copy of Rules of Practice, framed by the British Indian Association with regard to suits instituted and decrees passed therein,' dated the 25th September, 1...
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