Mumbai Court November 1922 Judgments
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Emperor Vs. Khashaba Tatyai Lawand
Court: Mumbai
Decided on: Nov-06-1922
Reported in: AIR1923Bom194; 81Ind.Cas.148
Marten, J.1. In this case the record and proceedings have been submitted to us under Section 341 of the Criminal Procedure Code to pass thereon such order as the Court thinks fit. The accused is deaf and dumb and he has been convicted of attempting to commit suicide. His apparent reason for making this attempt is that his brother had refused to partition the lands which they jointly held. The reason given seems an inadequate one. Litigation would seem a more ordinary remedy, but the unhappy condition of this unfortunate man must to my mind weigh very largely in his favour in considering what course we ought to take under the present circumstances.2. As far as the authorities go, in King-Emperor v. Monya 4 Bom. L.R. 296 the accused was acquitted, as the Court considered that it was not established that he knew the nature of the act committed or that he acted with a dishonest intention. In Emperor v. A Deaf and Dumb Accused 37 Ind. Cas. 495 : 40 B. 598 : 18 Bom. L.R. 553 : 18 Cri. L.J. 1...
Khawaja Muhammad Hamid Vs. Mian Mahmud
Court: Mumbai
Decided on: Nov-02-1922
Reported in: (1923)25BOMLR660
Viscount Cave, J.1. This appeal raises questions as to the existence of khankah (a Mohammedan religious institution) at. Taunsa in the district of Dera Ghazi Khan in the Punjab, and as to the rights of the sajjadanashin (or superior) of such an institution. The nature and origin of khankahs were described in the judgments of the High Court of Bengal in in Piran v. Abdool Karim I.L.R (1891) Cal. 203 and Mohiuddin v. Sayiduddin I.L.R. (1893) Cal. 810 and in the judgment of this Board in Vidya Varuthi Thirtha v. Balusami Ayyar and need not be further elaborated. It is enough to say that a khankah is a monastery or religious institution where dervishes and other seekers after truth congregate for religious instruction and devotional exercises. It has generally been founded by a dervish or a sufi professing esoteric beliefs, whose teachings and personal sanctity have attracted disciples whom he initiates into his doctrines. After his death he is often revered as a saint, and his humble taki...
T. S. N. Muhammad Rowther Vs. M. M. Abdul Rehman Rowther
Court: Mumbai
Decided on: Nov-01-1922
Reported in: (1923)ILR46Bom135
Krishnan, J.1. This is an appeal by the defendant against the decree of the second Additional Subordinate Judge of Madura, in Original Suit No. 56 of 1921 on his file. The only point argued before us by the appellant is that the present suit is barred by res judicata under Section 11 read with explanation 4 of the Civil Procedure Code? The Subordinate Judge has held that it is not so barred, and hence the appeal by the defendant.2. The plea of res judicata is based on the former suit, Original Suit No. 1 of 1916, brought by the present plaintiff along with the widow and the daughter of his deceased brother one Muthu Mahomed Ravather against the heirs of one Varisai Ravuther, defendants 1 to 5, and against the present defendant as the sixth defendant and against the heirs of his third deceased brother Naina Mahomed Ravuther. His case there was that the properties in suit, the title-deeds of which stood in the name of Muthu Mahomed Ravuther, were purchased by all the three brothers with ...
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