Mumbai Court February 1911 Judgments
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Kashinath Ramchandra Potnis Vs. Vinayak Gangadhar Bhat
Court: Mumbai
Decided on: Feb-17-1911
Reported in: (1911)13BOMLR242
Basil Scott, Kt., C.J.1. The question that we have to decide in this case is whether the income derived from tenants by an Inamdar which is to a certain extent attributable to the fact that he is the assignee of Government revenue and therefore does not have to pay over a portion of that income to Government but may keep it for himself, can be taken into consideration in estimating whether or not he earns his livelihood wholly or principally by agriculture and therefore is an agriculturist within the meaning of the Dekkhan Agriculturists' Relief Act.2. The answer to the question depends upon what force is to be attributed to explanation (b) of the definition in Section 2. That explanation says 'an assignee of Government assessment or a mortgagee is not as such an agriculturist within this definition.'3. Now, we think, it is clear that if the object of that explanation was to exclude the consideration of the income of a mortgagee as such it must also have been the intention to exclude t...
Musammat Bhawani Kunwar Vs. Kunwar Himmat Bahadur
Court: Mumbai
Decided on: Feb-15-1911
Reported in: (1911)13BOMLR384
Macnaghten, J.1. The facts of this case are very complicated in detail, but it seems to their Lordships that judgment can be given in a single sentence.2. The appellant has not proved that there was any obligation on the part of Nityanand or his estate to pay the monies which were paid by his wife. The obligation lay upon the appellant to prove that there was such liability, and she has not satisfied it.3. Their Lordships will therefore humbly advise His Majesty that the appeal should be dismissed, and the appellant will pay the costs....
Thakur Umrao Singh Vs. Thakur Lachhman Singh
Court: Mumbai
Decided on: Feb-15-1911
Reported in: (1911)13BOMLR404
Macnaghten, J.1. This is an appeal from a decree of the Court of the Judicial Commissioner of Oudh reversing the decision of the Subordinate Judge of Sitapur.2. The dispute between the parties relates to the right of succession to one-third of the estate of Ramkote, of which a Hindu gentleman, named Kalka Bakhsh Singh, was the last owner.3. In the course of the discussion before this Board the controversy was reduced to two questions and two questions only--(1) was a certain document executed by Kalka Bakhsh on the 23rd of May 1884 a testamentary or a non-testamentary instrument(2.) Is that question now open having regard to the course of the proceedings in the Courts below?4. After the confiscation of Oudh the second Summary Settlement of the Ramkote estate was made with Kalka Bakhsh. He obtained a sanad from the Government. His name was entered in lists 1, 4, and 6, prepared under the provisions of Section 8 of Act I of 1869. And he remained absolute owner of the property until his d...
Lingam Krishna Bhupati Devu Guru Vs. Sri Mirza Sri Pusapati Vijayarama ...
Court: Mumbai
Decided on: Feb-15-1911
Reported in: (1911)13BOMLR447
Macnaghten, J.1. It seems to their Lordships that this case is perfectly clear and the judgment appealed from perfectly right. 2. The mortgagee advanced a large sum of money on terms very favourable to the mortgagor. At the same time he retained the position of a simple mortgagee. That is so expressed in the deed itself. The mortgagor has not fulfilled the obligations he undertook. After prolonged forbearance and fifteen years after the mortgage was made, the mortgagee, whose interest is greatly in arrear, comes forward and says: 'I am a simple mortgagee,' and he asks the Court to enforce his rights. The decree was a matter of course. 3. Their Lordships will therefore humbly advise His Majesty to dismiss the appeal and the appellant must pay the costs. ...
Musammat Hanif-un-nisa Vs. ChaudhraIn Faiz-un-nisa
Court: Mumbai
Decided on: Feb-14-1911
Reported in: (1911)13BOMLR391
Macnaghten, J.1. Their Lordships think the decree appealed from cannot be sustained. They are of opinion that the proper course will be to remit the cases to the High Court to be dealt with on the evidence, and they will humbly advise His Majesty accordingly. The costs of the further hearing will be costs in the cause. As the appellants have been successful upon the point of law, they will have their costs of the appeal incurred in England....
Manilal Ranchhod Vs. Motibhai Hemabhai
Court: Mumbai
Decided on: Feb-13-1911
Reported in: (1911)13BOMLR233
Basil Scott, Kt., C.J. 1. The respondent No. 1 is the assignee of the rights of a mortgagee under a mortgage-bond executed in the year 1894. The bond created a usufructuary mortgage with possession and provided as follows:-The field is given in mortgage on receiving on security thereof Rs. 750. The money bears no interest and no rent shall be payable for the field. The period is fixed at ten years. You may cultivate or sub-mortgage the field during this period. I have no right thereto. After the expiration of the fixed: period when I repay the principal sum on the very day and in the very month in which I have received the sum you may give up the field in Vaishakh in that year. You should pay dues &c.; and enjoy the produce. If any one causes obstruction or hindrance then I am to he answerable for the amount due in such manner us you may ask me to be answerable. 2. According to the rulings of this Court that document' created a purely usufructuary mortgage and not a mixed mortgage of t...
Balkrishna Wamnaji Gavankar Vs. Shiva Chima Mhatra
Court: Mumbai
Decided on: Feb-13-1911
Reported in: (1911)13BOMLR230
N.G. Chandavarkar, Kt., J.1. The present darkhast of 1907 has been held by both the Courts below to be barred as res judicata by the order of the Subordinate Judge rejecting the previous darkhast No. 460 of 1904 on the ground that it was time barred. Though that might have been if this latter darkhast and the order thereon by the Subordinate Judge had stood alone, we have here the fact that, at the time of that darkhast and the order, there was an appeal pending in the District Court against the order in the decree-holder's favour directing execution to proceed in darkhast No. 5 of 1903. That was an appeal preferred by the judgment-debtor and the appeal Court upheld the order in the decree-holder's favour on the 2nd of August 1905. The decree-holder had under the appellate decree a right subsisting on that date to proceed in execution under the darkhast of 1903. As a matter of fact he did apply to the Court on the 10th of October 1906. That was an application to take a step-in-aid of e...
Eknath Ranoji Falke Vs. Ranoji Bowaji Falke
Court: Mumbai
Decided on: Feb-11-1911
Reported in: (1911)13BOMLR237
Basil Scott, Kt., C.J. 1. The plaintiff brought a suit against the defendant for possession of certain lands alleging that they belonged to him and had been handed over to the defendant on his undertaking to pay Rs. 50 per annum to the plaintiff for maintenance and that the defendant had failed so to do.2. The defendant contended that the plaintiff had relinquished his rights in the lands in favour of the defendant. Upon this defence the Subordinate Judge rejected the claim with costs.3. The plaintiff preferred an appeal to the District Court, but before the appeal was admitted he made an application under Order XXIII for leave to withdraw the suit and bring a fresh suit. This application was heard and granted by the District Judge without any notice to the defendant. It is contended that the learned District Judge has acted with material irregularity in the exercise of jurisdiction in two particulars. In the first place his duty upon the presentation of an appeal is laid down by Order...
Bhagabati Barmanya Vs. Kali Charan Singh
Court: Mumbai
Decided on: Feb-10-1911
Reported in: (1911)13BOMLR375
Macnaghten, J.1. This is an appeal from a judgment of the Calcutta High Court delivered by MacLean, C. J., affirming a decree of the District Judge of Murshidabad.The question turns upon the meaning and effect of the will of a Hindu gentleman named Ram Lal Singh. The will was executed on the 2nd of March 1868. The testator died on the following day.2. At the date of the will the state of the testator's family was this. The testator had no issue. His mother and his wife were alive and he had four sisters living. Two were childless widows. The other two had male offspring.3. The will, so far as material, is in the following terms:--My mother, Phudan Kuraari Barmanya, and my wife, Bhagabati Barmanya, shall, as long as they live, hold possession of all my properties, movable and immovable, and enjoy and possess the same on payment of the collectorate revenue and the Zemindars' rents, and by maintaining intact and continuing the service of the established deities and the ancestral rites acc...
The Collector of Ahmedabad Vs. Lavji Mulji
Court: Mumbai
Decided on: Feb-09-1911
Reported in: (1911)13BOMLR259
N.G. Chandavarkar, J.1. The question for determination in this case is whether interest ought to be allowed to Government on the moneys which, having been deposited by them in the District Court, were withdrawn by the claimant under the award in his favour made by that Court under the Land Acquisition Act but reversed in appeal by this High Court. The learned District Judge has held that Government are not entitled to interest on the ground that the award of interest, is in the discretion of the Court; and that having regard to the decision of this Court which, in reversing the award of the District Court, directed each party in the acquisition proceedings to bear his own costs, it must be presumed that this Court did not intend the sum wrongly withdrawn by the claimant to carry interest with it. Undoubtedly the award of interest is generally speaking a matter of the Court's discretion except where by law it is made obligatory. And the question is whether in the circumstances of the pr...
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