Mumbai Court May 1910 Judgments
Thakur Anant Singh Vs. Thakur Durga Singh
Court: Mumbai
Decided on: May-07-1910
Reported in: (1910)12BOMLR504
Collins, J.1. The question on this appeal is as to the right of a step-brother in a Hindu family to share equally with a brother of the whole blood in the succession of a deceased brother. Ratan Singh died in 1899, leaving certain shares in the Deokaha estate, as well as some house property. He was succeeded by his widow, who died in April, 1903. On her death the appellant Anant Singh, his stepbrother, claimed to be equally entitled with Dunga Singh, his sole surviving brother of the whole blood, to share in his succession. His contention was upheld by the Subordinate Judge, but on appeal the learned Judicial Commissioners overruled his decision and held that the succeession passed to the brother of the whole blood, the now respondent, alone. The learned Judicial Commissioners, in their Lordships' opinion, gave excellant reasons for refusing to regard the evidence adduced by the plaintiff as sufficient to establish such a special custom in the family as to rebut the ordinary presumptio...
Tag this Judgment!ThakuraIn Sheoraj Kunwar Vs. Thakur Harihar Baksh Singh
Court: Mumbai
Decided on: May-07-1910
Reported in: (1910)12BOMLR508
Macnaghten, J.1. This Appeal is concerned with a claim to pre-emption under the Oudh Laws Act, 1876, in respect of three entire villages and two pattis or portions of two other villages forming part of a taluqa called Saraura.2. By Section 9 of the Act the right of pre-emption where it exists is given on the occasion of a sale.1st, to co-sharers of the subdivision (if any) of the tenure in which the property is comprised in order of their relationship to the vendor ***;2dly, to co-sharers of the whole mahal in the same order; 3rdly, to any member of the village community; and 4thly, if the property be an under-proprietary tenure, to the proprietor. and the section adds this provision:Where two or more persons are equally entitled to such right the person to exercise the same shall be determined by lot.3. There were three brothers, sons of one Basti Singh, whose names were Baldeo Bakhsh, Balwant Singh, and Uman Parshad -Baldeo Bakhsh died leaving one son, Bisheshar Bakhsh- Balwant died ...
Tag this Judgment!Kumar Hari NaraIn Singh Deo Bahadur Vs. Sriram Chakravarti
Court: Mumbai
Decided on: May-07-1910
Reported in: (1910)12BOMLR495
Collins, J.1. The appellants are the Rajah of the Pachete Estate and the Manager thereof under Act VI of 1 876.2. The question in the case is as to the right to the minerals lying under a certain village called Petena, situate within the ancestral zamindari of the first appellant. The case has been left singularly bare of evidence, and must be decided chiefly by giving effect to the proper presumptions arising out of a small number of ascertained facts. Happily the field of controversy has been narrowed by certain concurrent findings of fact. Both Courts are agreed that about sixty years ago, in the time of the first plaintiff's predecessor, a transaction took place whereby the latter appropriated to a certain Hindu Idol known as Thakur Gopi Nath Jiu, of whom certain persons known in these proceedings as the Goswamis, or Gossains, were the Shebaits or priests, an interest of some sort in the village of Petena, at an annual rental of Rs. 22. 15. 6. There is no document or evidence defin...
Tag this Judgment!Emperor Vs. Malu Hiru Bagara
Court: Mumbai
Decided on: May-06-1910
Reported in: (1910)12BOMLR520
1. We think that this appeal must be allowed.2. The facts stated are that the accused was sitting in a Bhoja or a specially prepared screen devised for hunting and had by his side a loaded gun, and that he was so sitting there with the intention of hunting.3. Upon those facts we have no doubt that the accused was hunting within the meaning of Section 25, Clause (i) of the Indian Forest Act where the word 'hunt' is used intransitively and in that use the meaning ascribed to it in Murray's Dictionary is to go in pursuit of wild animals, to engage in the chase.' A similar interpretation is adopted in Webster's Dictionary, and it appears to us that in the ordinary use of the English language the accused on the facts before us was hunting.4. We, therefore, set aside the acquittal and convict the accused and as this appears to be a test case in which Government have given no instructions as to the sentence, we impose a penalty of Rs. 10. In default of payment of fine the accused to be kept t...
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