Mumbai Court October 1916 Judgments
The Municipal Corporation of the City of Bombay Vs. the Great Indian P ...
Court: Mumbai
Decided on: Oct-26-1916
Reported in: (1917)19BOMLR48
Viscount Haldane, J.1. The point to be decided on this appeal is whether the respondents in constructing certain lines of railway on the level across the Hewri-Koliwada Road in Bombay, being a public street there under the control of the Municipal Commissioner for the City, have the right to do so without either obtaining permission from the appellant corporation or acquiring under ' The Land Acquisition Act, 3894,' so much of the street as is occupied by the level crossing. Boaman J., who tried the action in which the question arose, gave judgment for the appellants and ordered the restoration of the land with damages. The High Court at Bombay reversed this judgment Co and dismissed the action. 2. The question now to be decided is whether the respondents had the right they claimed by virtue- of ' The Indian Railways Act, 1890,' and to answer this question it is necessary to examine the provisions of that Act. The scheme of the Act differs from that of the General Railway Acts in this ...
Tag this Judgment!Abdul Razak and Abdul Gafoor Vs. Mahomed Hussen Dalvi
Court: Mumbai
Decided on: Oct-10-1916
Reported in: (1917)19BOMLR164
Kemp, J.1. This is a suit by the plaintiff for damages for breach by the defendant of his contract to give his daughter in marriage to the plaintiff, for the return of certain ornaments and clothes presented by the plaintiff to the defendant's daughter in anticipation of the proposed marriage and for expenses incurred in connection with the agreement for the marriage.2. The parties admit that a betrothal ceremony took place in July 1915 but they are at variance on the terms arranged between them before the ceremony. Plaintiff says that he undertook to settle certain immovable property for the benefit of the girl upon certain trusts and to execute a formal deed of settlement on the date of the marriage, whilst defendant's version of the arrangement is that plaintiff was to make an absolute gift of his Mahim property to the girl. Plaintiff also states that on disputes arising in consequence an arrangement was arrived at subsequent to the betrothal ceremony by which the plaintiff executed...
Tag this Judgment!Ramkrishna Yeshvant Kamat Vs. the President, Vengurla Municipality
Court: Mumbai
Decided on: Oct-05-1916
Reported in: (1917)19BOMLR83
Basil Scott, Kt., C.J.1. The preliminary objection taken in this case is that no second appeal lies on the ground that the suit in which it is preferred is of a nature cognizable by Courts of Small Causes within the meaning of Section 102 of the Civil Procedure Code, the amount or value of the subject matter not exceeding Rs. 500. On the other hand it is contended on behalf of the appellant that a second appeal will lie because the suit was not cognizable by the Judge of. the district in which it was instituted since he was invested with jurisdiction of a Small Cause Court only up to a limit of Rs. 50. In nature the suit is a suit for rent and the notification contemplated by Clause 8 of the Second Schedule of the Provincial Small Cause Courts Act (IX of 1887) has been issued in The Bombay Government Gazette of 1911, whereby the Governor in Council was pleased 'to invest Subordinate Judges of all districts in the Bombay Presidency proper with authority to try on the Small Cause Side of...
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