Mumbai Court September 1915 Judgments
Sewaram Gokaldas Vs. Bajrangdat Hardwar Potdar
Court: Mumbai
Decided on: Sep-20-1915
Reported in: AIR1916Bom227; (1916)ILR40Bom473
Macleod, J.1. The plaintiffs, carrying on business in Bombay, had dealings with the defendant, who is said to carry on business at Bassum in Akola under the style of Chatandas Shankardas. The plaintiffs say that the account was settled in 1912 between the parties. The defendant, after paying a certain amount in cash, passed two hundies for Rs. 900 and Rs. 1,000, respectively, drawn on his own firm by the defendant payable in Bombay 181 and 361 days after sight, respectively. As those hundies were not met when they fell due, the plaintiffs brought this suit for the recovery of the amount.2. Paragraph 5 of the plaint states that the defendant resides at Bassum; that the hundies were passed at Bassum but the consideration of the hundies was the balance of the account due by the defendant to the plaintiffs in respect of transactions effected in Bombay and the moneys were payable to the plaintiffs in Bombay and a material part of the cause of action arose in Bombay.3. Leave was obtained und...
Tag this Judgment!Sewaram Gokaldas and ors. Vs. Bajrangdat Hardwar Potdar
Court: Mumbai
Decided on: Sep-20-1915
Reported in: 32Ind.Cas.918
Macleod, J.1. The plaintiffs, carrying on business in Bombay, had dealings with the defendant, who is said to carry on business at Bassum in Akola under the style of Chatandas-Shankardas. The plaintiffs say that the account was settled in 1912 between the parties. The defendant, after paying a certain amount in cash, passed two hundis for Rs. 900 and Rs. 1,000_, respectively, drawn on his own firm by the defendant payable in Bombay 181 and 361 days after sight, respectively. As those hundis were not met when they fell due, the plaintiffs brought this suit for the recovery of the amount.2. Paragraph 5 of the plaint states that the defendant resides at Bassum; that the hundis were passed at Bassum but the consideration of the hundis was the balance of the account due by the defendant to the plaintiffs in respect of transactions effected in Bombay and the moneys were payable to the plaintiffs in Bombay and a material part of the cause of action arose in Bombay.3. Leave was obtained under ...
Tag this Judgment!Javer Jijibhai Vs. Haribhai Hansji
Court: Mumbai
Decided on: Sep-16-1915
Reported in: AIR1915Bom264; (1915)17BOMLR1131; 33Ind.Cas.426
Basil Scott, C.J.1. The only point which has been seriously argued in this case is whether the lower Courts have erred in holding that the dispositions in the will amounted to an alienation contravening the provisions of the Bhagdari Act. The word 'alienation' ordinarily means an act in the law by which property passes from one to another. It can pass from one to another either by transfer intervivos or by testamentary devise, and the words of the Bhagdari Act do not expressly limit alienations to transactions inter vivos, and to so limit them would be to a large extent to defeat what is well known to be the object of the Bhagdari Act. We, therefore, affirm the decree and dismiss the appeal with costs....
Tag this Judgment!Jhaver Jijibhai Vs. Haribhai Hansji
Court: Mumbai
Decided on: Sep-16-1915
Reported in: (1916)ILR40Bom207
Basil Scott, C.J.1. The only point which, has been seriously argued in this case is whether the lower Courts have erred in holding that the dispositions in the will amounted to an alienation contravening the provisions of the Bhagdari Act. The word 'alienation' ordinarily means an act in the law by which property passes from one to another. It can pass from one to another either by transfer inter vivos or by testamentary devise: the words of the Bhagdari Act do not expressly limit alienations to transactions inter vivos, and to so limit them would be to a large extent to defeat what is well known to be the object of the Act. We, therefore, affirm the decree and dismiss the appeal with costs....
Tag this Judgment!Emperor Vs. Basapa Ningapa
Court: Mumbai
Decided on: Sep-10-1915
Reported in: (1915)17BOMLR892
Batchelor, J.1. This is an appeal by one Basapa Ningapa who has been convicted by the learned Sessions Judge of Bijapur of the offence of using as genuine a forged document and has been sentenced to three years' rigorous imprisonment.2. The Assessors agreed that the appellant was guilty of the offence charged.3. The difficulty which confronts us in taking the view which was adopted by the learned Judge of trial arises from the manner in which the trial was conducted. There are several passages of importance in the judgment which we are unable to refer to any evidence upon this record. And though the learned pleaders on both sides have done their best to assist us in this respect, none of them is able to justify these particular passages by reference to any recorded evidence. It would seem that the learned Judge allowed himself to refer to matters appearing in other litigation, but not produced and proved upon the present record as they should have been, if they were to be used against ...
Tag this Judgment!Basapa Ningapa Vs. Emperor
Court: Mumbai
Decided on: Sep-10-1915
Reported in: AIR1915Bom221; 31Ind.Cas.365
Batchelor, J.1. This is an appeal by one Basapa Ningapa, who has been convicted by the learned Sessions Judge of Bijapur of the offence of using as genuine a forged document and has been sentenced to three years' rigorous imprisonment.2. The Assessors agreed that the appellant was guilty of the offence charged.3. The difficulty which confronts us in taking the view which was adopted by the learned Judge of trial arises from the manner in which the trial was conducted. There are several passages of importance in the judgment which we are unable to refer to any evidence upon this record. And though the learned Pleaders on both sides have done their best to assist us in this respect, none of them is able to justify these particular passages by reference to any recorded evidence. It would seem that the learned Judge allowed himself to refer to matters appearing in other litigation but not produced and proved upon the present record, as they should have been if they were to be used against ...
Tag this Judgment!Balwantsing Ramchandra Vs. Sakharam Mancharam
Court: Mumbai
Decided on: Sep-10-1915
Reported in: 33Ind.Cas.137
1. This is an appeal against preliminary decree in a mortgage suit which was passed on the 1st of December 1913. All the accounts directed by that decree were taken and a final decree was passed on the 9th February 1914. The appellant then, instead of appealing against the final decree, appealed on the 19th of February 1914 against the preliminary decree. Prima facie such a course appears quite unreasonable, but it is contended that it is justified by the provisions of the Civil Procedure Code, Section 97, which says that:Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.2. That section does not, however, in terms prevent a party from filing a combined appeal against a preliminary and final decree, if the dates permit him to do so. It appears to us that in this case the appellant or those who are act...
Tag this Judgment!Emperor Vs. Hari Bijal
Court: Mumbai
Decided on: Sep-09-1915
Reported in: (1915)17BOMLR906
Batchelor, J.1. This is a reference made by the learned Additional Sessions Judge of Ahmedabad in a case in which the two accused, Hari Bijal and Ganda Hari, were charged inter alia with the murder of a village Pagi named Jiva Becher. The learned Sessions Judge was for convicting the accused on the evidence but the Jury were unanimously of opinion that the accused were 'not guilty'. The learned Judge, thinking it necessary in the interests of justice to do so, has submitted the case for this Court's orders.2. Very briefly stated, the story for the prosecution is that on the night of the 8th April a gang of persons, making preparations to commit dacoity, was discovered in the village limits and was pursued by a body of villagers. But while the dacoits-so to call them-were yielding before the advance of the villagers, these two accused were seized and arrested by two of the villagers, and that at or about this critical moment one of the dacoits at large fired his gun and killed the decea...
Tag this Judgment!Kanji Jethsi and anr. Vs. the Advocate-general and ors.
Court: Mumbai
Decided on: Sep-07-1915
Reported in: 32Ind.Cas.925
Beaman, J.1. No issues are raised in this suit because none of the parties are disposed to take up a contentious attitude. The position with which I am confronted is certainly very unusual. In form the present suit may be defective. I think that the relief that is asked for is too large. I do not think that I am in a position, or have jurisdiction, to set aside the decree of a Court of concurrent authority. Nevertheless, the plaintiffs are suffering what appears to be a substantial injustice, and there must be some remedy.2. It appears that a Jain of some wealth died, bequeathing considerable sums of money to two charities. The first of these was merely described as Jiva Daya, that is, in the ordinary sense, the feeding of animals or insects. The other half was the bestowal of clothes and food upon sadhus and sadhavis, shravaks and shravikas within the territorial limits of the State of Palitana, and, doubtless according to the intention of the trustor, while performing the sacred pilg...
Tag this Judgment!Wasappa Timappa Sonagar Vs. the Secretary of State for India
Court: Mumbai
Decided on: Sep-03-1915
Reported in: AIR1915Bom227; (1915)17BOMLR979
Basil Scott, C.J.1. On the 9th of July 1909 the house of the plaintiff was searched by the Police of Dharwar and of the Savanur State in connection with a dacoity which had been committed in that State, and certain property including ornaments specified in the plaint was attached on suspicion. On the 30th September 1909, the Second Class Magistrate issued a proclamation under Section 523(2) of the Code of Criminal Procedure, requiring any person having a claim to the ornaments to appear and establish his claim within six months. On the 17th January 1910 the plaintiff appeared to support his claim to the ornaments. The claim was disallowed, and, on the 13th June 1910, an order was issued by the Sub-Divisional Magistrate under Section 524 of the Code of Criminal Procedure for sale of the ornaments. The sale proceeds were credited to the Government.2. The plaintiff brings this suit alleging that the ornaments are his property and were illegally attached, and prays that the amount realised...
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