Mumbai Court February 1915 Judgments
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Emperor Vs. Adurji and Bros.
Court: Mumbai
Decided on: Feb-10-1915
Reported in: (1915)17BOMLR212
Heaton, J.1. This case has been very carefully argued and appears to be regarded as one of some importance. What happened was that the applicant obtained leave to build a shop in Mahableshwar in the year 1903. He built what he obtained permission to build, but he used it as a dwelling-house and not as a shop up to November 1911. Thereafter he used the principal room, the biggest room I gather, as a shop, and continued so to do until October 1913. Then he let the whole building to a tenant and the whole of it was used by that tenant as a dwelling-house. He has been convicted on these facts of what may be very correctly described as the conversion of a shop into a dwelling-house without permission. If such a conversion comes within the terms of Section 96 of the District Municipalities Act, then the conviction is correct. That section was held to apply both by the trying Magistrate and by the Sub-Divisional Magistrate who heard the case in appeal. The question is whether the conversion o...
Raja Ramkanai Singh Deb Darpashaha Vs. Mathewson
Court: Mumbai
Decided on: Feb-09-1915
Reported in: (1915)17BOMLR449
Shaw, J.1. This is an appeal from a judgment and decree of the High Court of Bengal, dated the 28th April 1910 affirming a judgment and decree of the Subordinate Judge of Manbhum, dated the 25th November 1907, dismissing the suit with costs. The main object of the suit was to obtain a declaration of the nullity of a putni lease dated the 29th June 1890. The other demands in the plaint were consequential upon such a declaration of nullity being obtained. The only question argued in the appeal was whether the putni lease was ultra vires and invalid.2. The facts are briefly these. The first appellant, the plaintiff is the son and successor of the late Raja Broja Kishore Singh Deb Darpashaha, the owner of the Barabhum estate. In 1883 the Raja borrowed Rs. 60,000 from Messrs. Robert Watson and Company on a mortgage of his estate, and on 27th February of that year he executed an Ijara lease in their favour. This lease contained a condition that if the Company should desire to take a putni le...
Nissim Isaac Bekhor Vs. Haji Sultanali Shastary and Co.
Court: Mumbai
Decided on: Feb-08-1915
Reported in: (1916)ILR40Bom11
Macleod, J.1. On the 9th of June 1914, the defendant firm, carrying on business in Bombay, purchased from the plaintiff, a merchant, also carrying on business in Bombay, five tons round copper bottoms, c. i. f. Mahomerah, July shipment, by a contract in writing at the price and on the terms mentioned in the said contract. The defendants agreed to pay for the copper in Bombay against Bills of lading. The copper was shipped on board the steamer Tangistan on or about the 28th day of July 1914, and the plaintiff says he obtained the relative Bills of lading and also insured the copper against the ordinary marine risks. On the 5th day of August, in consequence of war having broken out between Great Britain and Germany, the plaintiff's agent in England insured the copper against war risks and paid 10 per cent premium for such insurance. The documents arrived in Bombay on the 7th of September, whereupon, the plaintiff delivered three invoices for the copper to the defendants and called upon t...
Nissim Isaac Bekhor Vs. Haji Sultanalli Shustary
Court: Mumbai
Decided on: Feb-05-1915
Reported in: AIR1915Bom76; (1915)17BOMLR249
Macleod, J.1. On the 9th of June 1914, the defendant-firm, carrying on business in Bombay, purchased from the plaintiff, a merchant, also carrying on business in Bombay, five tons round copper bottoms, c.i.f. Mahomerah, July shipment, by a contract in writing at the price and on the terms mentioned in the said contract. The defendants agreed to pay for the copper in Bombay against Bills of lading. The copper was shipped on board the steamer Tangistan on or about the 28th day of July 1914, and the plaintiff says he obtained the relative Bills of lading and also insured the copper against the ordinary marine risks. On the 5th day of August, in consequence of war having broken out between Great Britain and Germany, the plaintiff's agent in England insured the copper against war risks and paid 10 per cent. premium for such insurance. The documents arrived in Bombay on the 7th of September, whereupon, the plaintiff delivered three invoices for the copper to the defendants and called upon th...
Emperor Vs. Rajappa Ramappa Kalal
Court: Mumbai
Decided on: Feb-04-1915
Reported in: AIR1915Bom60; (1915)17BOMLR222
Heaton, J.1. This is a curious case. A person was accused of an offence on the following facts; for the purpose of securing a licence or something of that sort from the Abkari Officials he made a false declaration to a Mamlatdar in the hope that he would obtain from the Mamlatdar what is called a certificate of solvency, a certificate which would enable him more easily to obtain the licence or whatever it was that he wanted from the Abkari authorities. He was charged with an offence under Section 199 of the Indian Penal Code in consequence of making this false declaration and he pleaded guilty to the charge. We can only take this plea of guilty as a plea that the facts alleged against him were correct, because we think, as does the Sessions Judge who referred this case to us, that the facts alleged and admitted do not amount to an offence under Section 199 of the Indian Penal Code. That section is very strict in its terms and deals with a false declaration only when the declaration is ...
The Municipal Committee of Nasik Vs. the Collector of Nasik
Court: Mumbai
Decided on: Feb-02-1915
Reported in: AIR1915Bom42; (1915)17BOMLR324
Heaton, J.1. We are dealing with five appeals:- F.A. 50 of 1914, F.A. 271 of 1913, F.A. 67 of 1914, F.A. 26 of 1913 and F.A. 293 of 1912. They all raise the same point and we have now to decide whether a finding on the issue 'Is the plaintiff an agriculturist' can legally form the basis of a preliminary decree and, therefore, be the subject of an appeal. The subject of preliminary decrees in general is discussed in the referring judgments in the case of Chanmalswami v. Gangadharappa : AIR1914Bom149 and we have the decision of the Full Bench in that case.2. There is no doubt now that the words ' the rights of the parties with regard to all or any of the matters in controversy in the suit' which occur in the definition of 'decree' have not their widest possible meaning : they have a meaning restricted in some way or another. No one, for example, asserts that they include the right to ask a particular witness a particular question; or the right to put in evidence a particular document; an...
The Municipal Committee of Nasik City Vs. the Collector of Nasik on Be ...
Court: Mumbai
Decided on: Feb-02-1915
Reported in: (1915)ILR39Bom422
Heaton, J.1. We are dealing with five appeals.--F.A. 50 of 1914, F.A. 271 of 1913, F.A. 67 of 1914, F.A. 26 of 1914 and F.A. 293 of 1912. They all raise the same point and we have now to decide whether a finding on the issue 'Is the plaintiff an agriculturist' can legally form the basis of a preliminary decree and, therefore, be the subject of an appeal. The subject of preliminary decrees in general is discussed in the referring judgments in the case of Chanmalswami v. Gangadharappa (1914) 39 Bom. 339 and we have the decision of the Full Bench in that case.2. There is no doubt now that the words 'the rights of the parties with regard to all or any of the matters in controversy in the suit which occur in the definition of 'decree' have not their widest possible meaning they have a meaning restricted in some way or another. No one for example asserts that they include the right to ask a particular witness a particular question; or the right to put in evidence a particular document; and i...
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