Mumbai Court September 1914 Judgments
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Valli Ise Amanji Vs. Mahmad Adam Asmal
Court: Mumbai
Decided on: Sep-02-1914
Reported in: AIR1914Bom117; (1914)16BOMLR763
Basil Scott, Kt., C.J.1. In this case we are of opinion that the order of the District Judge is wrong and must be reversed. The suit was brought in 1911, and there was a reference to a Commissioner in regard to the value of the houses and sites claimed in the suit for the purposes of Court-fees. The Commissioner reported unfavourably to the plaintiffs, who, however, did not accept the report and obtained a further enquiry by the Court. Ultimately the Court adopted the Commissioner's valuation with some modification and directed the plaintiffs, if they wished to continue the suit, to pay the required additional Court-fee. They were given a month in which to pay that Court-fee. They failed to do so. The Court then acting under its powers under Section 10 of the Court-fees Act dismissed, the suit. The dismissal of the suit was of importance to the defendant, because it had only been filed just before the period of limitation elapsed for a suit of that nature, and any suit filed subsequent...
Purushottam Daji Mandlik Vs. Pandurang Chintaman Biwalkar
Court: Mumbai
Decided on: Sep-01-1914
Reported in: (1915)17BOMLR157
Hayward, J.1. The plaintiff sued the defendant to set aside a sale-deed on the ground of coercion under Section 39 of the Specific Relief Act. The plaintiff stated in the plaint that he was able to write his signature, and that the defendant with the object of getting that signature by force came to his house on the night of the 29th November 1908, and with the assistance of six men forcibly carried him away to the defendant's mandap, severely beat him and made him sign his name on the document. The plaintiff further alleged in his deposition that, on the night of 29th November 1908, he was sitting in his court-yard after taking his supper, when the defendant, who was helped by five other men, at once came up to him, gave him a blow, and asked him to sign a document shown him by defendant; that, on his persisting in refusing to sign it, he was picked up bodily by the defendant and his five comrades and taken to the mandap in front of the house of the defendant which was near by, and wa...
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