Court : Mumbai
Reported in : (1922)24BOMLR46
Norman Macleod, Kt., C.J.1. The complainant in this case charged the accused with the commission of the offence of criminal breach of trust punishable under Section 409 of the Indian Penal Code. The complaint was lodged in the Court of the Sub Divisional Magistrate, First Class, Ahmednagar. After a charge had been framed and after the accused had recalled some of the prosecution witnesses for cross-examination and cited witnesses in his own defence an objection was taken that the Court had no jurisdiction to try the case. The Magistrate held that the objection could not be sustained as Section 179 of the Criminal Procedure Code applied. The accused has applied to this Court in revision to set aside this order of the Magistrate. Section 179 says:-When a person is accused of the commission of any offence by reason of anything which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction an...
Tag this Judgment!Court : Mumbai
Reported in : 65Ind.Cas.637
Norman Macleod, C.J.1. The complainant in this case charged the accused with the commission of the offense of criminal breach of trust punishable under Section 409 of the Indian Penal Code. The complaint was lodged in the Court of the Sub-Divisional Magistrate, First Class, Ahmednagar. After a charge had been framed and after the accused had re-called some of the prosecution witnesses, for cross-examination and sited witnesses in his own defense, an objection was taken that the Court had no jurisdiction to try the case. The Magistrate held that the objection could not be sustained, as Section 179 of the Criminal Procedure Code applied. The accused has applied to this Court in revision to set aside this Order of the Magistrate. Section 179 says:When a person is accused of the commission of any offense by reason of anything which has been done, and of any consequence which has ensued, such offense may be inquired into or tried by a Court within the local limits of whose jurisdiction any ...
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR551
Buckmaster, J.1. This is an appeal against a decree dated the 23rd March, 1917, of the High Court of Judicature at Bombay (Appellate Civil Jurisdiction), affirming a decree dated the 8th September, 1916, of the High Court in its Ordinary Original Civil Jurisdiction.2. The question raised for determination arises on the construction of the will dated the 6th August, 1894, of one Nathoo Moolji who died on the 8th December, 1894.3. The appellant is the husband of one of the two daughters of the testator, who predeceased her mother, the testator's widow, The respondents claim under the other daughter who survived her mother.4. At the date of the will there were living the testator's widow, his two daughters, and the widow of a predeceased son. The two daughters were named Jamnabai and Diwali. Diwali died on the 13th May, 1906, and the testator's widow on the 15th August, 1911.5. In these circumstances the appellant claims as the husband of Diwali that according to the true construction of ...
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR557
Buckmaster, J.1. The plaintiff in the suit out of which this appeal has arisen is the first respondent. His plaint asked that a joint estate in certain property known as Mauza Khandal should be partitioned, and that it might be declared that he was entitled to an 8-anna share in the property. The suit was dismissed by the District Judge of East Berar, but was granted in the Court of the Judicial Commissioner. The respondent's title rested on two deeds, the first, dated the 2nd February, 1914, by which two grantors, Kanhoba and Vishwanath, the sons of Raghu, purported to convey the property in question to one Hari Govind Damle for Rs. 9,100, and the second dated the 26th June, 1914, by which Hari Govind Damle conveyed the same parcels to the said respondent for Re. 15,000. So far as the documentary title is concerned, it is complete, and if in fact Vishwanath and Kanhoba had the right to convey the two shares covered by the deed of the 2nd February, 1914, there could be no answer to the...
Tag this Judgment!Court : Mumbai
Reported in : 66Ind.Cas.328
Norman Macleod, C.J.1. The first accused in this case was convicted of an offense under Section 467 of the Indian Penal code, in that he received Rs. 38 which were despatched by one Hari Lahanu Sonar to his son Bhila by money order, by inducing the accused No. 2 to sign as if he were Bhila. The accused was asked by the postman whether one Bhila was living in his village, and the accused No. 1 then told the postman that accused No, 2 was Bhila. Whereupon accused No. 2 signed the receipt for the money which same to the hands of the first accused. There was no dispute as regards the facts and considering the relations between the Post Office and the public there would be extreme difficulty for the first accused to satisfy the Court that he had no dishonest intention or no intention to cause damage or injury to the public or to any person or that, generally, the provisions of Section 466, Indian Penal code, would not apply. I doubt myself whether the accused in a case like this would be ev...
Tag this Judgment!Court : Mumbai
Reported in : (1923)25BOMLR121
Buckmaster, J.1. The real question that arises in this appeal is whether the repondent is disentitled by lapse of time from maintaining the proceedings which she instituted on February 26, 1916, for the purpose of obtaining (1.) a declaration as to the effect of a gift for yearly and other sacrifices contained in the will of a testator who died on May 25, 1882, and (2.) the distribution of the etstate upon the footing that the gift was void and the property so given passed to the next of kin. The will is in Chinese form, and was made in 1874; the original has been lost, and there is nothing but a translation by a former interpreter of the Court in Penang by which it is possible to ascertain its contents. So far however, as the critical question in this case is concerned, the translation, as it is before their Lordships, is adequate for the purpose. The testator provided that his property was to be dealt with by payment of a very large number of pecuniary legacies, and after they had be...
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR60
Kincaid, J.1. The plaintiff has brought the present suit to recover from the defendants as the result of certain transactions in Japanese camphor the sum of Rs. 50,751-4-0 together with interest thereon at nine per cent, from 25th April 1919 together with costs and further interest on judgment at six per cent, per annum until payment.2. The defendants have not denied the alleged transactions but have pleaded that they were wagering contracts and have asked that the suit be dismissed with costs.3. The following issues were framed by Mr. Khan, the defendants' counsel:-1. Were the transactions in the suit wagering transactions ?2. Is the plaintiff entitled to any and, if so, what relief?4. The facts of this interesting case are a little complicated and I shall go into them as fully as I can in order to help the reader to understand them.5. There are three common forms of speculations in Bombay. They are known respectively as teji-mandi, teji, and mandi. The word teji means brightness, the...
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR131
Shah, J.1. The question of law that arises in this second appeal relates to the construction of Section 10 of the Bombay Khoti Settlement Act of 1880 as amended by Bom. Acts VIII of 1912 and IV of 1913.2. The facts, which are not in dispute, are these. The plaintiff is the Khot and the defendants are the occupancy tenants and their transferee. It appears that there are several Survey Numbers referred to under six aerial numbers in the plaint in which the occupants had a certain share. The interest of the occupants in one of these lands referred to in the plaint as Serial No. 1 was mortgaged by them in January 1914. It appears from the mortgage bond that they had already mortgaged this property so far back as 1872, and this was a fresh mortgage. We are, however, concerned with the fresh mortgage effected in 1914 after the amending Acts of 1912 and 1913. The Survey Numbers have been described as appertaining to four different Khatas, and it is claimed for the plaintiff that in virtue of ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1921Bom463; (1921)23BOMLR1299
Norman Macleod, Kt., C.J.1. This is an appeal from the decision of Fawcett J. decreeing the plaintiffs' claim.2. The plaintiffs, a firm of publishers, had, in 1911, brought out in England an abridged edition of North's Translation of Plutarch's Life of Alexander edited by a Mr. Parr, for the use of Secondary Schools.3. The abridgment was not effected by giving the substance of the original work in the language of the editor but by excising various portions of the original work which were not considered suitable for the purpose for which the book was published. The portions which were retained were divided into an introduction and various Chapters, marginal notes were added and at places where original matter had been left out transitional notes were inserted so as to link up the thread of the narrative. At the end there were a few pages of notes.4. On the 4th October 1917, the University of Bombay published a list of the Text Books in English prescribed for the Matriculation Examinatio...
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR5
Shah, J.1. This is an appeal from the judgment of Mr. Justice Kajiji in a suit filed by one Bai Nandubai as the next friend of the minor Bai Gulab for a declaration that the marriage of the minor with the defendant was null and void and for certain other reliefs.2. The defendant is a Visa Modh Bania of Ahmedabad living in Bombay. The next friend of the minor is a Luhana by caste and the minor, whose caste is a point in dispute between the parties, lived under the care of Bai Nandubai at the time of the marriage.3. The plaintiff filed the suit alleging that the marriage between the minor and the defendant was the result of fraud, that the minor girl was a Sudra and that the marriage was invalid. A sum of Rs. 10,000 was claimed as damages.4. The defendant pleaded that the girl was the daughter of a Bania named Jagjivandas, that the marriage was properly and openly performed as a marriage would be performed among Banias according to Hindu rites, that the girl was in fact a Bania girl and ...
Tag this Judgment!