Mumbai Court November 1918 Judgments
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Syed Yacoob Syed Lallamian Vs. Emperor
Court: Mumbai
Decided on: Nov-13-1918
Reported in: AIR1919Bom150; 51Ind.Cas.783
Pratt, J.1. The applicants in this case have been convicted of offences under Sections 341 and 504 of the Indian Penal Code, and further the applicant No. 1 has been ordered under Section 106 of the Criminal Procedure Code to furnish security for keeping the peace.2. The application for revision in regard to the convictions and sentences has not been pressed, and in regard to applicant No. 1 it is contended that the order for security is illegal, as the offence which he has committed under Section 504 is not one which involves a breach of the peace.3. In my opinion, the phrase 'other offences involving a breach of the peace' includes offences which are offences because a breach of the peace has occurred or because a breach of the peace is likely to occur. This is consistent with the cases of Jib Lal Gir v. Jogmohan Gir 26 C. 576 ; 13 Ind. Dec. 970; Baidya Nath Majumiar v. Nibaran Chunder Gope 30 C. 93 ; 6 C.W.N. 471; Kannookaran Kunhamad v. Emperor 26 M. 469 ; 2 Weir 48; Raj Narain Roy...
Emperor Vs. Lallu Waghji
Court: Mumbai
Decided on: Nov-12-1918
Reported in: (1919)21BOMLR251
Pratt, J.1. This is a reference from the Sessions Judge of Ahmedabad in the case of accused No.1 Lallu Waghji who was convicted of the offence of theft by the First Class Magistrate of Nadiad. Lallu Waghji was the 1st accused in the case before the Magistrate and he and two others were convicted of theft. The two others, accused Nos. 2 and 3, appealed to the Sessions Judge and the Sessions Judge reversed the convictions of accused Nos. 2 and 3 under Section 379. The case of accused No. 1, Lallu Waghji, is referred to this Court, as no appeal lay in his case, the sentence being one of simple imprisonment for three weeks only.2. The facts out of which the convictions arose are as follows:--Accused Nos. 2 and 3 had made a default in the payment of land revenue and the Mamlatdar proceeded to their house to make a distrait of moveable under Section 154 of the Bombay Land Revenue Code. He found two she-buffaloes belonging to these accused which were being milked by a woman of the defaulters'...
Balkrishna Motiram Gujar Vs. Shri Uttar Narayan Dev
Court: Mumbai
Decided on: Nov-11-1918
Reported in: AIR1919Bom101; (1919)21BOMLR225; 50Ind.Cas.912
Hayward, J.1. The plaintiff, a manager of a temple, sued to recover Rs. 20 a year due for three years on a grant for providing lights in the temple under a document termed a vyavasthapatra executed by the deceased Motilal. The defendant pleaded that the grant was invalid owing to his adoption at the time of the execution of the vyavasthapatra by the deceased Motilal.2. The Subordinate Judge held at the trial that the grant was not invalid as the adopted son's natural father had consented to it at the time of the execution of the vyavasthapatra by the deceased Motilal. This decision was affirmed on first appeal by the District Judge, and the matter has now been brought for final decision in Second Appeal to this Court.3. It is admitted that the case concerns ancestral property and that the natural father did consent on behalf of his son to this grant towards lighting the temple as thus described in the vyavasthapatra '.--I have become old and I have been ill for many a day. According to...
A.V. Joseph Vs. R. Shew Bux
Court: Mumbai
Decided on: Nov-08-1918
Reported in: (1919)21BOMLR615
Phillimoher, J. 1. This is an appeal from a decree of the Chief Court of Lower Burma, reversing the decision of the learned Judge sitting on the Original Side of that Court.2. The action was brought for damages for not taking delivery of a quantity of sleepers. The defendant disputed the breach ; disputed the regularity of the contractual process necessary for the assessment of damages, and disputed that there were any damages. Both Courts have found that there was a breach, and their Lordships do not think it necessary to go further into that matter.3. With regard to the contractual assessment of damages, that was to be fixed in a particular manner :-It is also agreed that in case the said Shew Bux Baboo fails to take delivery of the timber in time, the said A. V, Joseph & Co. will dispose of looally, and the said Shew Bux Baboo will pay the difference in price what the said Company may have suffered. 4. In fact, Joseph & Co. put this property up for auction in an apparently regular m...
Raja of Ramnad Vs. V. Sundara Pandiyasami Tovar
Court: Mumbai
Decided on: Nov-07-1918
Reported in: (1919)21BOMLR885
Phillimore, J.1. This is an appeal from the decree of the High Court of Judicature at Madras, affirming, with a modification, the decree of the District Judge of Madura, who ordered that the second defendant, that is the present appellant, should pay out of the income of the Ramnad Zemindari to the third plaintiff, the present respondent, the sum of Rs. 24,126 10a. 8p. with interest, and should also pay future installments from the date of the plaint at the rate of Rs. 700 a month, and gave that plaintiff the costs of the suit.2. The first question which the Board has to decide is upon the construction of a deed of compromise, which is the root of the title of the third plaintiff. That compromise passed between the ancestor of the appellant and the ancestor, though not the lineal ancestor, of the respondent, and by that compromise between two parties claiming the impartible Zemindari, the ancestor of the present appellant retained the Zemindari subject to his giving up one village and ...
Sadasuk Janki Das Vs. Maharaja Sir Kishan Pershad Bahadur
Court: Mumbai
Decided on: Nov-01-1918
Reported in: (1919)21BOMLR605
Buckmastkr, J.1. On the 14th April, 1910, Mohan Lal borrowed from the plaintiffs, who are the appellants on this appeal, the sum of Rs. 35,000, and to secure repayment drew and accepted in their favour fourteen hundis-each for the sum of Rs. 2,500-the first payable ten months after the 14th April, 1910, and the remainder at successive intervals of one month. Each hundi was in the same form, and it is agreed that the true translation is as follows:-By order of Sirkar may his happiness increase,Mohan Lal;, son of Hira Lal.Six months from the date of the execution of this hundi, please pay to Seth Sadasuk Janki Das Sahu of the Residency Bazars or to his order the sum of H. S. Rs. 2500 (half of which is Rs. 1,250) which sum I have received in cash in the Residency Bazars from the said Seth Sahib. Dated 3rd Rabi-us-sani 1328-H (14th April, 1910).Mohan Lal (In Urdu),Acting Superintendent of the Private Treasury of His Excellency Sir Maharaja, the Prime Minister of H. H. the Nizam.[On the bac...
Raja Parthasaradhi Appa Rao Vs. Raja Bommadevara Satyanarayan
Court: Mumbai
Decided on: Nov-01-1918
Reported in: (1919)21BOMLR622
Dunedin, J. 1. The respondent is zemindar of certain lands in the village of Satrampadu. The lands were let. on 11th August, 1903, on a five years' lease to the appellants. At the expiry of the term the lease was prolonged for a further period of three years. At the expiry of the three years the respondent wished to resume possession, but was met by the assertion that, the appellants had a permanent right of occupancy in virtue of the provisions of the Madras Estates Land Act which was passed in June, 1908, and came into force on 1st July of the same year. This suit was then raised to recover possession and to get mesne profits.2. The provision of the Act on which the appellants rely is the 6th section which says that every ryot now in possession or who shall hereafter be admitted by a landholder to possession of ryoti land not being old waste, situate in the estate of such landholder, shall have a permanent right of occupancy in his holding. 'Estate' is defined as meaning (in addition...
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