Mumbai Court November 1928 Judgments
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S.N. Grama Vs. the Bombay Steamships
Court: Mumbai
Decided on: Nov-01-1928
Reported in: (1929)31BOMLR424; 118Ind.Cas.792
Mirza, J.1. The defendants contend that the summons was not properly served. Shankar Ramkrishna Khopkar, the proprietor of the defendant firm, by his affidavit has stated that on December 22, 1927, the plaintiff accompanied by another person, who presumably was the Sheriff's bailiff, attended at his place of residence where the bailiff showed him a summons. Mr. Khopkar Hold the bailiff that he was going out of Bombay and asked him to take the summons to the office of the company at Mandvi. Mr. Khopkar then left to perform certain morning ablutions. On his return he found that the plaintiff and the other person had left and the duplicate summons was lying on a teapoy in his room. He picked it up and sent it to the office of the limited company which has taken over the assets and liabilities of the defendant firm. The plaintiff in his affidavit has stated that on December 21, 1927, when he accompanied the special bailiff to the residence of Mr. S.R. Khopkar at Matunga for the service of ...
Ganpat Devaji Patil Vs. Emperor
Court: Mumbai
Decided on: Nov-01-1928
Reported in: 116Ind.Cas.248
Madgavkar, J.1. This is an application in revision by Ganpat Devaji Patil who was convicted by the First Class Magistrate, Jalgaon, under Section 193, Indian Penal Code, and sentenced to one month's rigorous imprisonment and a fine of Rs. 50, in default further rigorous imprisonment for one month. His conviction was upheld by the Sessions Judge, East Khandesh.2. The only argument urged for the applicant is that the false statement which forms the subject-matter of the charge was sworn to before the Nazir of the Subordinate Court of Yaval, who had in law no authority to administer an oath for the purposes of any affidavit or statement to be used before the District Magistrate, as it was in this case, and that the proper person before whom the affidavit should have been made was a Magistrate, as laid down by Section 539A of the Code of Criminal Procedure.3. The learned Government Pleader has not been able to find authority for the Nazir other than this Court's Civil Circular No. 39. That...
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