Mumbai Court September 1916 Judgments
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Emperor Vs. Mahamad Nathu
Court: Mumbai
Decided on: Sep-07-1916
Reported in: (1916)18BOMLR940
1. We think it a pity that the gambling laws, through the injudicious activity of the police and want of discretion on the part of the Magistracy, should sometimes be , worked so harshly as they have been in this case. Without going into a discussion of the points raised by the learned Counsel for the applicants it will be sufficient to say that every feature of the case convinces us that it was of the most trifling character and one which might have been passed over by the police with a caution or, if brought before the Magistrate, dealt with by him in a very different way from that in which he has dealt with these offenders, They are peons and mill-hands, and on a hot afternoon betook themselves to the cool shades of the Daskroi Musjid where, adopting the Magistrate's finding of fact, they were amusing themselves by playing cards for very insignificant stakes. The police raided the place arid dragged nine of these persons before the Magistrate who convicted five of them and actually ...
Manilal Brijlal Shah Vs. the Gordhan Spinning and Manufacturing Co. Lt ...
Court: Mumbai
Decided on: Sep-07-1916
Reported in: AIR1916Bom147; (1916)18BOMLR982
Stanley Batchelor, Kt., Acting C.J.1. This is an appeal from a decision of the learned District Judge of Ahmedabad upon an application made under Section 38 of the Indian Companies Act (VII of 1913). The only facts which it is necessary to state are these. The five shares in controversy were originally owned by one Dosabhai. A decree against him was obtained by one Balmukund, and in execution of that decree these five shares were sold by the Court. They were purchased by the present applicant. As the judgment-debtor Dosabhai was unwilling to execute the transfer deed in favour of the applicant, the deed was executed by the Court. In these circumstances the applicant claims that he is entitled as of right to have his name placed on the register. The Directors have refused to register the transfer, and the learned District Judge has decided against the applicant, who consequently brings the present appeal.2. The learned Advocate General takes a preliminary point that under Section 38 of ...
Emperor Vs. Mahomed Nathu
Court: Mumbai
Decided on: Sep-07-1916
Reported in: (1917)ILR41Bom149
1. We think it a pity that the gambling laws, through the injudicious activity of the police and want of discretion on the part of the Magistracy, should sometimes be worked so harshly as they have been in this case. Without going into a discussion of the points raised by the learned Counsel for the applicants it will be sufficient to say that every feature of the case convinces us that it was of the most trifling character and one which might have been passed over by the police with a caution, or if brought before the Magistrate, dealt with by him in a very different way from that in which he has dealt with these offenders. They are peons and mill-hands, and on a hot afternoon betook them selves to the cool shades of the Daskroi Masjid where; adopting the Magistrate's finding of fact, they were amusing, themselves by playing cards for very insignificant stakes. The police raided the place and dragged nine of these persons before the Magistrate who convicted five of them and actually s...
Mahamad Nathu and ors. Vs. Emperor
Court: Mumbai
Decided on: Sep-07-1916
Reported in: 37Ind.Cas.305
1. We think it a pity that the gambling laws, through the injudicious activity of the Police and want of discretion on the part of the Magistracy, should sometimes be worked so harshly as they have been in this case. Without going into a discussion of the points raised by the learned Counsel for the applicants, it will be sufficient to say that every feature of the case convinces us that it was of the most trifling character and one which might have been passed over by the Police with a caution or, if brought before the Magistrate, dealt with by him in a very different way from that in which he has dealt with these offenders. They are peons and mill-hands, and on a hot afternoon betook themselves to the cool shades of the Daskroi Masjid where, adopting the Magistrate's finding of fact, they were amusing themselves by playing cards for very insignificant stakes The Police raided the place and dragged nine of these persons before the Magistrate, who convicted five of them and actually se...
Emperor Vs. Blanche Constant Cripps and anr.
Court: Mumbai
Decided on: Sep-07-1916
Reported in: 37Ind.Cas.306
Beaman, J.1. This is an appeal by the Government of Bombay against the acquittal of two women by the Sessions Judge of Ahmedabad. The offences with which they were charged were under Sections 317 and 10, 9 of the Indian Penal Code.2. The facts, which are undisputed, are that the younger of the two accused persons, a girl of fourteen, became pregnant while still unmarried, and in order to conceal her shame from her parents with the connivance of the elder of the two accused, her sister, she was conveyed to the Civil Hospital of Ahmedabad where she was safely delivered of a child. As soon as she was sufficiently recovered, the two sisters agreed that it would be advisable to dispose of the child secretly. Accordingly, the young mother handed the child to her elder sister, who carried it by train to Mahomedabad where she left it in a second class compartment The child was carefully wrapped up and a bottle of milk was left by its side, so that as soon as it was discovered by any one there ...
Jekisondas and Harkisondas Vs. Ranchoddas Bhagvandas
Court: Mumbai
Decided on: Sep-05-1916
Reported in: AIR1916Bom51; (1917)19BOMLR12
Beaman, J.1. This case has given rise to a very interesting argument. The suit was brought by the plaintiff to recover damages from defendant No. 1, the father of a girl who had been promised in marriage to the plaintiff and actually betrothed and from defendant No. 2, on the allegation that he had procured the breach of the prior contract with the plaintiff and induced the defendant No. 1 to consent to the marriage of his daughter with the defendant No. 2's son.2. The lower Courts found that although the son of the defendant No. 2 was a major, the defendant No. 2 had, to use the words of the Court of first appeal, a hand in bringing about the breach of the first contract.3. The case is virtually the same in principle as that of Khimji Vasanji v. Narsi Dhanji(1914) 17 Bom. L.R. 225., in which sitting alone on the Original Side of this Court I examined critically the whole English case-law out of which the present doctrine has been slowly evolved. Looked at merely as a theoretical discu...
Emperor Vs. John Francis Lobo
Court: Mumbai
Decided on: Sep-04-1916
Reported in: AIR1916Bom159(1); (1916)18BOMLR796; 36Ind.Cas.577
Beaman, J.1. In my opinion this reference is entirely without jurisdiction and of a kind that ought to be severely discouraged. It is no part of the business of District Magistrates to criticize the judicial decisions of Sessions Judges. The point has been considered in exactly similar circumstances in the Calcutta High Court (Queen-Empress v. Karamdi I.L.R. (1895) Cal. 250 and with the conclusion arrived at by those learned Judges I entirely concur.2. Quite apart from that, the case was first investigated and very thoroughly investigated by a Magistrate who discharged the accused. It was then again fully considered by the Sessions Judge in February 1916 who came to the same conclusion as the Magistrate. This concurrent finding is really a finding of fact, being merely as to the degree of care and prudence exercised by the accused. Four months later the District Magistrate makes this reference to the High Court.3. In these circumstances we do not think that this is a proper case for in...
Moti Raiji Vs. Laldas Jibhai
Court: Mumbai
Decided on: Sep-03-1916
Reported in: AIR1916Bom85; (1916)18BOMLR954
Beaman, J.1. There are only two ways, we think, in which a Hindu widow in the enjoyment of the normal widow's estate can convey a greater interest than that which she herself has, the one is by acceleration, the other by alienation for legal necessity. In the present case, limiting the contest to the appellant, defendant No. 2, and the plaintiffs, there can be no question of legal necessity. Both have pleaded at various stages that the original alienation by the widow Bai Lala, of the year 1893 was without consideration. It does not lie, therefore, in the mouth of the plaintiffs now to contend that that alienation was for legal necessity.2. The only question remaining to be answered is whether as a result of the alienation of 1893, the widow accelerated her estate in favour of the plaintiffs. In order to make what follows clearer, we shall briefly state the material facts upon which this question arises.3. Bai Lala, the widow of one Raiji, was left in possession of a widow's estate in ...
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