Mumbai Court March 1914 Judgments
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Chidambaram Chettiar Vs. Srinivasa Sastrial
Court: Mumbai
Decided on: Mar-14-1914
Reported in: (1914)16BOMLR783
Moulton, J.1. Their Lordships are of opinion that the two decisions appealed against are correct; that the High Court acted rightly in setting aside the two assignment?, the one to Annamalai and the other to Chidambaram, and that no valid proceedings can therefore be based on either of those assignments. The question whether any of the parties can establish rights based, not on the assignments, but on other grounds, such as the actual payment of debts, is a point which was in their Lordships' opinion, not before the Courts below, and is not before their Lordships, and on that point therefore they pronounce no opinion.2. Their Lordships will, therefore, humbly advise His Majesty that these appeals should be dismissed....
Hirji Khetsey and Co. Vs. B.B. and C.i. Ry. Co.
Court: Mumbai
Decided on: Mar-13-1914
Reported in: AIR1914Bom154; (1914)16BOMLR467; 25Ind.Cas.241
Beaman, J.1. The material facts about which there is little, if any, dispute are that the defendant-Company received from the plaintiffs 186 bales of full pressed cotton for conveyance from Ujjain to Colaba. The goods were to be carried at railway risk. They appear to have been loaded on a bogie open truck forty-five feet long by nine feet wide, inside measurements, between the 14th and 16th April at Ujjain. During that time, though there is no specific evidence on the point, it may be taken for granted that a considerable number of trains passed. Three lines converge on Ujjain, the defendant Company's lines, the G.I.P. Ry. and the R.M. Ry. But the general control of the station is in the hands of the defendant-Company. The waggon No. 13024 duly loaded with these 186 bales was finally despatched from Ujjain between 5 and 6 p.m. of the 16th April, being the 42nd waggon on the 62 up train, which consisted of 59 waggons and the guard's van. The contention of the defendant-company is that ...
Batuk Nath Vs. Musammat Munni Dei
Court: Mumbai
Decided on: Mar-11-1914
Reported in: (1914)16BOMLR360
John Edge, J.1. This is an appeal from a decree, dated the 4th June 1910, of the High Court of Judicature at Allahabad, which dismissed an appeal by the appellant here from a decree of the Subordinate Judge of Agra, dated the 8th September 1908, dismissing an application which had been made on the 2nd October 1907 to the Court of the Subordinate Judge by Babu Batuk Nath for the execution of a decree of the 29th March 1898.2. The decree of the 29th March 1898 had been made by the then Subordinate Judge of Agra in favour of one Sheo Narain in a suit which had been brought by him under the Transfer of Property Act, 1882, for sale of certain immovable property. By that decree it was ordered that if Narain should fail to pay a prior mortgage debt within five months from the 29th March 1898 his suit should stand dismissed with costs. from that decree of the 29th March 1898 an appeal was brought to the High Court of Judicature at Allahabad. That appeal was dismissed by the High Court by its d...
Emperor Vs. Dhanka Amra
Court: Mumbai
Decided on: Mar-10-1914
Reported in: AIR1914Bom41; (1914)16BOMLR261; 24Ind.Cas.169
1. In this case the conclusion that we have come to is that we ought to have before us, so that we can deal with them as evidence, the statements of the two accused recorded by Mr. Dolatram Motiram, First Class Magistrate of Palitana State. Those statements have been admitted in evidence and, as we think, wrongly admitted. They have been dealt with as if Section 80 of the Evidence Act applied to them. We do not think Section 80 does apply to them, because, we think, Section 80 refers only to those Officers, Judges and Magistrates who come under Clause 7 of Section 57 of the Evidence Act, that is to say, officers whose appointments and so forth are notified in the official Gazette and of whose signatures and offices the Court will take the judicial cognizance. It is necessary, therefore, that this Magistrate should be called and examined, and we direct that the Additional Sessions Judge of Ahmedabad do take the necessary evidence in the matter.2. When the Magistrate of Palitana has appe...
Emperor Vs. Hanmaraddi Ramaraddi
Court: Mumbai
Decided on: Mar-09-1914
Reported in: AIR1914Bom263(2); (1914)16BOMLR603
Heaton, J.1. A certain Hanmaraddi has been convicted of the murder of Rama Valikar and has been sentenced to death. The case comes before us for confirmation of that sentence and also on the appeal of the convict.2. It appears that about the 22nd of August 1913 the corpse of a man, whose head was almost severed from his body, was found in the village of Haleratti. On making inquiries the police discovered from the neigh bouring villagers that the murdered man had been accompanied by another man and a woman. They were all strangers to that locality. Neither the identity of the murdered man nor his companions was at the time ascertained. About a month later, howeve', the identity of the murdered man came to be suspected. His wife was questioned and thereafter the police were enabled to make complete inquiries. They discovered that the murdered man was one Rama and that his companions were the accused and the deceased's wife Honnava. It was found that Hon-nava had for some time been livin...
Manilal Popatlal Vs. Khodabhai Sartansing
Court: Mumbai
Decided on: Mar-06-1914
Reported in: AIR1914Bom228; (1914)16BOMLR511; 25Ind.Cas.365
Basil Scott, Kt., C.J.1. In the year 1904 the plaintiff Chhaganlal Kishordas sued the respondents, who were minors represented by the Talukdari Settlement Officer as their guardian, for a decree upon a mortgage. In 1905 the Subordinate Judge Granted him a personal decree only for Rs. 2,360 and costs, hut the mortgage was held to be invalid under the provisions of the Gujarat Talukdars' Act. On the 27th of September 1905 the plaintiff filed an appeal. On the 21st November 1905 the Talukdari Settlement Officer took over the management of the estate under the Gujarat Talukdars' Act. On the 24th of the same month notice of the plaintiff's appeal was 24 to Se TaTukL Settlement Officer, and on the 28th of Cmbefthlt fficer issued a notification under Section 29Bof the Guiamt Talukdars' Act calling upon claimants to submit their2. The Talukdari Settlement Officer relies upon the provisions Section 29B(3) that 'every claim not submitted in compliance with a notice shall, save in certain cases, ...
Bai Fatma Vs. the Rander Municipality
Court: Mumbai
Decided on: Mar-04-1914
Reported in: AIR1914Bom112; (1914)16BOMLR529; 25Ind.Cas.411
Basil Scott, Kt., C.J.1. The plaintiff being the owner of a house in Rander applied to the Municipality for permission to rebuild it on the 25th of April 1911. The Municipality in reply to her application on the 5th of June 1911 prescribed conditions presumably under Section 96(2) of the District Municipal Act. The permit was granted to her subject to conditions noted on the back for pulling down the building and building a new building on the land by keeping a space so as to leave a width of road 14 feet and a half on the south side of the building in pursuance of the order passed by the Managing Committee on the 6th of May 1911, and the first condition of the permit is that ' For the improvement of the said road you must leave on that side a space in length...and in width 14 feet and build the house : and the 7th condition states: 'As your building stands on the public road you should take precaution to see that the water from your roof does not fall upon persons passing by that way....
Srimutty Ranimoni Dasi Vs. Radha Prasad Mullick
Court: Mumbai
Decided on: Mar-03-1914
Reported in: (1914)16BOMLR787
Moulton, J.1. Their Lordships have had an opportunity of considering the judgment of the Court below on the question as to whether on the death of the elder daughter leaving male issue the estate passed over for life to the younger daughter, and they are of opinion that it is correct, and is based on correct reasons. They will, therefore, humbly advise His Majesty to dismiss this appeal.2. With regard to the contention of the appellants that the Court was wrong in holding that no grandchildren of the testator born, or adopted, after the death of the testator on 30th October 1875 could take under his will, their Lordships will not advise His Majesty to make any order except that the present advice is not to prejudice the position of the second appellant if and when such question comes before a Court for decision.3. The costs of all parties as between solicitor and client will come out of the estate....
Emperor Vs. Umed Raja
Court: Mumbai
Decided on: Mar-01-1914
Reported in: (1914)16BOMLR259
Heaton J. 1. It appears that two accused persons, who have been tried by the Second Class Magistrate of Hansot, asked that Magistrate during the course of the trial to make two witnesses, who had given evidence in the case, into co-accused persons with them. The Magistrate declined to do so whereupon they (the accused persons) appealed or applied to the District Magistrate.2. To begin with, I do not know of any power given to a District Magistrate by the Code of the Criminal Procedure which would enable him to interfere in the matter (by way of appeal or revision). However, he did interfere and this is the order he made:--' If the case was sent up by the police (it does not seem that it was) they should be directed to send up a complaint against the, two witnesses also.' I pause here, because I see no objection to this part of the order if it was made by the District Magistrate acting as a police officer. But I do see an objection to it if it was made by him as a Magistrate. The order ...
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