Mumbai Court May 1923 Judgments
Ramchandra Gangadhar Karve Vs. Emperor
Court: Mumbai
Decided on: May-31-1923
Reported in: 81Ind.Cas.972
Lallubhai Shah, A.C.J.1. The only question in this application is whether the notice given by the Municipality under Section 107 (1) of Bombay Act III of 1901 is valid. By that notice the petitioner was called upon to do two things: first to put up new sinks and to arrange to have water therein discharged into the drainagecess-pool with reference to the shops of the ground-floor, and secondly as regards the two sinks on the first story he was called upon to repair them so as to discharge waste water into the diainage cess-pool. The learned Magistiate has held that the notice is invalid, so far as it reliesto the fiist part, because the act which the petitioner is required to do falls, properly undersection 101, Sub-section (1), and according to the bye-laws of the Municipality a legal notice under Section 101, Sub-section (1), could be given only by the Chief Officer, and not by the Health Officer of the Municipality. The notice in question has been given by the Health Officer. He, the...
Tag this Judgment!In Re: Rambharthi Hirabharthi
Court: Mumbai
Decided on: May-30-1923
Reported in: AIR1924Bom51; (1923)25BOMLR772
Shah, J.1. The applicant, who is the original complainant, filed information in the Court of the City Magistrate of Surat against the opponent in each of these three applications charging him with offences punishable under Sections 182, 193 and 211, Indian Penal Code, or some of them. The acts complained of, viz., the giving of false information to a public servant, the giving of false evidence and falsely charging the complainant with an offence, were all committed at Vyara. in the Baroda territory and before a public servant or the Court of the Baroda State at Vyara. The complainant and the; accused in these cases are Native Indian subjects of His Majesty. They had gone from Surat to a place of pilgrimage called Unai in the Baroda territory in connection with the annual fair held there in April 1921. The accused Nagindas is said to have entrusted his clothes with certain articles including cash to the complainant there. The said accused prosecuted the complainant in the Vyara Court o...
Tag this Judgment!In Re: Rambharathi Hirabharathi
Court: Mumbai
Decided on: May-30-1923
Reported in: (1923)ILR47Bom907
Shah, J.1. The applicant, who is the original complainant, filed information in the Court of the City Magistrate of Surat against the opponent in each of these three applications charging him with offences punishable under Sections 182, 193 and 211, Indian Penal Code, or some of them. The acts complained of, viz., the giving of false information to a public servant, the giving of false evidence and falsely charging the complainant with an offence, were all committed at Vyara, in the Baroda territory and before a public servant or the Court of the Baroda State at Vyara. The complainant and the accused in these cases are native Indian subjects of His Majesty. They had gone from Surat to a place of pilgrimage called Unai in the Baroda territory in connection with the annual fair held there in April 1921. The accused Nagindas is said to have entrusted his clothes with certain articles including cash to the complainant there. The said accused prosecuted the complainant in the Vyara Court of...
Tag this Judgment!Putlibai Vs. Sorabji Naoroji Gamadia
Court: Mumbai
Decided on: May-15-1923
Reported in: (1923)25BOMLR1099
Viscount Haldane, J.1. This is an appeal from a decree, made on April 8, 1920, of the High Court at Bombay, in its appellate capacity, affirming with variations a decree dated March 14, 1919, of Macleod J., the Judge of first instance. The questions decided arose in a suit for the construction and administration of the trusts of the will of the late Naoroji Jehangir Gamadia, who left a large estate, mainly in Bombay. The chief questions which their Lordships have to decide are whether certain provisions made by the will for persons other than the testator's sons and daughters, relating to residential property, are valid, and whether other and more general dispositions also made by the will can be treated as effective.2. The Courts below have decided that all the dispositions referred to, with certain limited exceptions, are invalid, and that consequently the property is now presently divisible between the testator's sons equally under a gift of the residuary estate, but subject for a l...
Tag this Judgment!Jatti Vs. Banwari Lal
Court: Mumbai
Decided on: May-15-1923
Reported in: (1923)25BOMLR1256
Dunedin, J.1. In 1876 four brothers, Ishar Das, Harbhagwan, Rup Chand and Daya Ram, lived as a joint Hindu family and carried on a family business. In that year a deed was executed by which the assets of the family were described and divided, and Ishar Das was finally paid out. Thereafter the business was carried on, but the profits were carried to separate accounts of the three remaining brothers in equal shares.2. In 1905 Rup Chand died, leaving a widow who is the appellant. In 1914, the widow raised this suit against the remaining brother and the sons of the other who had pre-deceased, claiming accounts and payment of one-third of the partnership assets.3. The defence put up was two-fold. It was alleged that though in 1876 Ishar Das separated from this joint family, the other brothers remained joint : that in consequence on the death of Rup Chand, the husband of the plaintiff', she had only the right of maintenance as a Hindu widow, which maintenance she had duly received. Consequen...
Tag this Judgment!indrajit Pratap Sahi Vs. Amar Singh
Court: Mumbai
Decided on: May-15-1923
Reported in: (1923)25BOMLR1259
Ameer Ali, J.1. The facts of this litigation are set out in detail in the judgments of the Courts in India; it is consequently not necessary to state them here at any length. The suit relates to two villages, named respectively Lakbawar Khas and Lakhawar Faridpur, lying within Mahal Margaon, appertaining to the Tikari estate in the province of Behar. It appears that in 1843 there was a Government survey of Mahal Margaon, in the course of which a Khasra map was prepared by the Amin of these two villages along with another called Lakhawar Damodarpur. The map is Exhibit 14 in this case, and the memorandum on the back is marked 14A.2. In the middle of the nineteenth century the Tikari estate belonged to one Raja Mode Narain Singh, He died somewhere in the year 1856 or 1857 without any male issue, leaving him surviving two widows named respectively Rani Asmedh Koer and Rani Sunit Koer, a brother's son, Ran Bahadoor Singh and a sister's grandson, Krishna Pratap Sahi, the ancestor of the pres...
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