Mumbai Court May 1915 Judgments
Padman Vs. Hanwanta
Court: Mumbai
Decided on: May-19-1915
Reported in: (1915)17BOMLR609
Ameer Ali, J.1. This is an appeal from a judgment and decree of the Chief Court of the Punjab, dated the 17th of July 1909, and the dispute relates to the property of one Daula, a Jat by origin who migrated from Bikanir many years ago and settled in the Ferozepore District. He died in April 1902, leaving a large family of sons and grandsons and considerable landed property2. The following pedigree will explain the relative position of the contesting parties in the present litigation. DAULA | __________________________________|______________________________________ | | | | | | | Chetan Taja Tulsa Mra Khema Asa Pura Hanwanta | (Plff 3) | (Plff.2) | | (Plff.1) | | _________ _________ | | | | | | | | Padma | Uda Nanda Bhinja Lekh Ram Ram Sukh (Defendant 1) (Plff 4.) (Plff 5.) (Deft. 9) (Plff.6) (Defendent 8) ________________________________________________________________________ | | | | | | Peman Suja Uman Lakhu Jalu Biru(Defendant 2) (Defendant 3) (Defendant 4) (Defendant 5) (Def...
Tag this Judgment!Emperor Vs. Lakshman Totaram
Court: Mumbai
Decided on: May-15-1915
Reported in: (1915)17BOMLR590
Beaman, J.1. In this case we are of opinion that the conviction and sentence must be reversed and set aside. There are points in the case which tell very strongly against the accused. All these points have not, in our opinion, been satisfactorily cleared up. There are other points in the case, however, which create so strong and reasonable a doubt as makes it, in our opinion, impossible to uphold the conviction.2. The particular facts which are necessary to be mentioned as alleged by the prosecution, are that, on the 23rd of July 1913, the complainant, Supdu, an old man, purchased two stamp-papers of the value of Rs. 6 and 4 respectively with the object of executing a mortgage of one of his fields to a man called Dagdu for a sum of Rs. 1000. He says that he was in need of the money to pay a Savkar Patil to whom, it appears, Dagdu himself was also indebted. Having procured the stamp-papers, the complainant, Supdu, contends that he took them to Waman, the Kulkarni of the village, with th...
Tag this Judgment!Emperor Vs. Barkya Tiku
Court: Mumbai
Decided on: May-15-1915
Reported in: AIR1915Bom49(1); (1915)17BOMLR607; 30Ind.Cas.133
Macleod, J.1. This is a reference from the District Magistrate of Thana in the case of Imperator v. Barkya Tiku Bhandari who was convicted by the Second Class Magistrate of Bassein on the 3rd of February 1915 and ordered to pay a fine of Rs. 2 under Section 2 of the Bombay Public Conveyances Act (Bom. Act VI of 1863).2. It appears that the accused had carried passengers in his cart, which was licensed only for labour, from Virar to Agashi. The District Magistrate is of opinion that because under Section 9 of the Bombay Public Conveyances Act the Superintendent of Police may, in his discretion, suspend or revoke the license if a conveyance is used for passengers when licensed only for labour, the accused cannot be convicted under Section 2. But under Section 2 no person shall keep or let for hire any public conveyance without having a license in force for the same, and in the case of a license to carry passengers there is to be painted or branded on such part of the conveyance as may be...
Tag this Judgment!Emperor Vs. Jesang Motilal
Court: Mumbai
Decided on: May-15-1915
Reported in: (1915)17BOMLR600; 30Ind.Cas.124
Beaman, J.1. Speaking for myself I cannot bring myself to hold that a telegram, for example, announcing the happening or not happening of an event upon which wagers have previously been made can possibly be an instrument of gaming, i.e., an article used either as the subject or the means of wagering. Again, I cannot believe that upon exhaustive and correct logical analysis such pieces of paper as brokers may carry with them for the purpose of recording a transaction between their clients could be brought within the definition of the Bombay Prevention of Gambling Act, as instruments of gaming or wagering. There is, however, a considerable body of case-law the other way and the learned Magistrate and the Judge below have found as a fact, no doubt, much influenced by those authorities, that certain papers in this case were instruments of gaming. If I were to press my own doubts, it would probably mean that we should have to refer the case to a Full Bench and that I should certainly not fe...
Tag this Judgment!Lakshman Totaram Vs. Emperor
Court: Mumbai
Decided on: May-15-1915
Reported in: AIR1915Bom237; 31Ind.Cas.354
1. In this case we are of opinion that the conviction and sentence must be reversed and set aside. There are points in the case which tell very strongly against the accused. All these points have not, in our opinion, been satisfactorily cleared up. There are other points in the case, however, which create so strong and reasonable a doubt as makes it, in our opinion, impossible to uphold this conviction.2. The particular facts which are necessary to be mentioned, as alleged by the prosecution, are that, on the 23rd of July 1913, the complainant, Supdu, an old man, purchased two stamp-papers of the value of. Rs. 6 and 4 respectively with the object of executing a mortgage of one of his fields to a man called Dagdu for a sum of Rs. 1,000. He says that he was in need of the money to pay a Savkar Patil to whom, it appears, Dadu himself was also indebted. Having procured the stamp-papers, the complainant Supdu, contends that he took them to Waman, the kulkarni of the village, with the object...
Tag this Judgment!Thakur Vasenji Morarji Vs. Musammat Chanda Bibi
Court: Mumbai
Decided on: May-07-1915
Reported in: (1915)17BOMLR556
Atkinson, J.1. This is an appeal from a decree of the High Court of the North-Western Provinces, Allahabad, dated the 6th February 1912, whereby a decree of the Subordinate Judge of Benares, dated the 28th of July 1910, was set aside. The respondent did not appear on the hearing before this Board to support the judgment appealed from.2. The suit out of which the appeal has arisen was brought by the respondent against Thakur Vasonji Morarji, a well-to-do merchant of Bombay to recover possession of a certain house in the city of Benares, and also mesne rates.3. The land upon which this house is built was part of the immoveable property inherited by the respondent's father, one Kunj Behari Lal, the last surviving male member of a joint Hindu family, who died on the 6th of November 1890. He left his widow, Musammat Rama Bibi, and the respondent, his daughter, by that lady him surviving. He had no other issue. One Musammat Phundo Bibi, the widow of Goshain Radhe Gobind, the paternal uncle o...
Tag this Judgment!Puttu Lal Vs. Musammat Parbati Kunwar
Court: Mumbai
Decided on: May-05-1915
Reported in: (1915)17BOMLR549
John Edge, J.1. This is an appeal by the plaintiffs from a decree of the High Court of Judicature at Allahabad, dated the 15th December 1909, which reversed a decree of the Subordinate Judge of Mainpuri, and dismissed the suit with costs.2. The plaintiffs brought their suit in the Court of the Subordinate Judge of Mainpuri on the 15th June 1907 to have it declared that Jwala Parshad, who is a defendant and one of the respondents, was not the adopted son of one Tiwari Gandharp Singh, deceased, who had been the husband of Musammat Parbati Kunwar, who is the other defendant and respondent. The adoption which is impugned was made by Musammat Parbati Kunwar in March 1899 to her deceased husband, Tiwari Gandharp Singh, who had died on the 9th November 1898 without issue surviving him, and had been a Brahmin. Jwala Parshad was the son of a brother of Musammat Parbati Kunwar. The plaintiffs, who claimed as reversioners, denied that Jwala Parshad had been in fact adopted, and alleged that Tiwar...
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