Mumbai Court July 1928 Judgments
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Narsi Kalyandas Patel Vs. Parshottam Nathabhai Patel
Court: Mumbai
Decided on: Jul-02-1928
Reported in: AIR1928Bom484; (1928)30BOMLR1277
Charles Fawcett, Kt., A.C.J.1. Both the lower Courts have held that by certain evidence the plaintiff has established that there was a mortgage of the plaint property in 1866 by the ancestors of the plaintiff's vendor to the uncle of the defendant for Rs. 375. The evidence is circumstantial, viz., recitals in deeds referring to the property as having been so mortgaged, and extracts from account books which mention the fact of the mortgage, as well as a transaction by which a half share in the mortgage was transferred to the defendant's father for Rs. 187-8 0. Both the lower Courts have held this evidence to be very satisfactory, but a complication arises because there is no document in evidence creating 1928 this mortgage, nor any secondary evidence of such a document of the kind mentioned in Section 63 of the Indian Evidence Act. The plaint does not definitely state that there was any written mortgage, but there are assertions of the plaintiff or his pleader, which are referred to in ...
Kishan Singh Vs. Emperor
Court: Mumbai
Decided on: Jul-02-1928
Reported in: (1928)30BOMLR1572
Lancelot Sanderson, J.1. By His Majesty's Order in Council dated March 22, 1928, special leave to appeal against a judgment of the High Court of Judicature at Allahabad, dated October 31, 1927, was granted to the appellant.2. On June 18, 1927, the appellant, Kishan Singh, was charged by a Magistrate of the First Class as follows :-That you on or about March 20, 1927, at Bharthwa did commit murder by intentionally causing the death of Kuber Singh and Shoran Singh and thereby committed an offence punishable under Section 302 of the Indian Penal Code, and within the cognizanoe of the Court of Session.And I hereby direct that you be tried by the said Court on the said charge.3. He was tried on the said charge by the Additional Sessions Judge of Aligarh, with the aid of four assessors, and on July 31, 1927, the learned Judge delivered his judgment. He recited the finding of the assessors as follows:-All the assessors are unanimously of the opinion that the accused was guilty under Section 3...
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