Mumbai Court June 1930 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ganu Dadu Jadhav and ors. Vs. R.R. Panditrao
Court: Mumbai
Decided on: Jun-19-1930
Reported in: 128Ind.Cas.899
Patkar, J.1. This was a suit brought by the landlord to recover Rs. 174-4-0 as arrears of rent with interest at twelve per cent. The defendants are permanent tenant of the plaintiff liable to pay Rs. 42-8-0 per year as rent. The land leased to the defendants was six acres in extent. In the year 1919 Government acquired three acres and nineteen gunthas for Railway purposes and a compensation of Rs. 667-0-8 was paid to the tenants. The tenants remained in possession of the remaining land, two acres and twenty-one gunthas, instead of the whole area of six acres in extent. In this suit the tenants claimed an abatement of rent. The learned Subordinate Judge allowed the abatement as claimed by the defendants. On appeal, the learned District Judge disallowed the abatement. 2. It is urged on behalf of the appellants, the tenants, that a large portion of the land having been acquired by Government, the tenants have ceased to be in possession of the whole land, and, therefore, they are entitled ...
In Re: Usman Haji Mahomed
Court: Mumbai
Decided on: Jun-18-1930
Reported in: AIR1930Bom486; (1930)32BOMLR1138; 129Ind.Cas.590
G.D. Madgavhar, Acting C.J.1. The question in this appeal is whether this Court has jurisdiction to set aside an order of the Chief Presidency Magistrate dismissing the claim made by the petitioner on behalf of a widow for compensation under a 45 of the City of Bombay Police Act of 1902 for absence and refusing to take the matter back on his file.2. The question necessarily depends on whether the order in question was passed by the Chief Presidency Magistrate sitting as a Court, or whether it was passed by him as a persona designata. It is argued for the petitioner that under Section 15 of the Charter this Court has jurisdiction and that it is not expressly excluded by virtue of any other enactment. Jurisdiction, however, by way of appeal or revision will not be inferred but must be expressly given by statute.3. On the main question as to whether the order was passed by a Court or by the Chief Presidency Magistrate as a persona designata, reliance is sought to be placed by the petition...
Ganu Dadu Jadhav Vs. B.K. Panditrao
Court: Mumbai
Decided on: Jun-17-1930
Reported in: (1930)32BOMLR1243
Patkar, J. 1. This was a suit brought by the landlord to recover Rs. 174-4-0 an arrears of rent with interest at twelve per cent. The defendants are permanent tenants of the plaintiff liable to pay Rs. 42-8-0 per year as rent. The land leased to the defendants was six acres in extent. In the year 1919 Government acquired three acres and nineteen gunthas for railway purposes and a compensation of Rs. 667-0-8 was paid to the tenants. The tenants remained in possession of the remaining land, two acres and twenty-one gunthas, instead of the whole area of six acres in extent. In this suit the tenants claimed an abatement of rent. The learned Subordinate Judge allowed the abatement as claimed by the defendants. On appeal, the learned District Judge disallowed the abatement.2. It is urged on behalf of the appellants, the tenants, that a large portion of the land having been acquired by Government, the tenants have ceased to be in possession of the whole land, and therefore, they are entitled ...
Jahandad Khan Vs. Abdul Ghafur Khan
Court: Mumbai
Decided on: Jun-17-1930
Reported in: (1930)32BOMLR1559
George Lowndes, J.1. The Khans of Zaida and Hund are owners of adjacent landed estates on the bank of the Indus. Near by and situated between two branches of the river is an island of waste ground, a portion of which, comprising about twenty acres, is covered with shisham trees of considerable value. This plot is known as Bela Fakir Buti, and now bears survey number 2084, but is unassessed. The part of the island in which the Bela lies IB just opposite to a bungalow belonging to the Khan of Zaida in the village of Rana Dheri, and has for long been a subject of dispute between the rival estates. Prior to 1875 the Bela, together with meat of the rest of the- island, then bearing Khasra numbers 1-6, was entered in the revenue records as the property and in the possession of Zaida. In that year the Khan of Hund instituted a suit in respect of this area, claiming both title and possession, and praying that it might be recorded as his property. His suit succeeded ; it was held that the area ...
Emperor Vs. Gulabmiya Dagumiya
Court: Mumbai
Decided on: Jun-13-1930
Reported in: (1930)32BOMLR1134
Broomfield, J.1. The applicant in this case is an honorary organiser of Co-oparative Credit Societies and was appointed as such by Government. The Registrar of Co-operative Credit Societies appointed him liquidator of the Malegaon Seed Society, this appointment being made under Section 47 of the Bombay Cooperative Societies Act VII of 192'5. It is alleged that he misappropriated a sum of Rs. 100 which came into his possession as liquidator and he has been prosecuted for an offence under S3. 408 and 409 of the Indian Penal Code.2. A preliminary objection was raised that the sanction of Government was necessary before he could be prosecuted under Section 197 of the Criminal Procedure Code. It was contended, firstly, that as organiser of Co-operative Credit Societies he wag appointed by Government and was not removable from this office, except by or with the sanction of Government, and therefore sanction for the prosecution was required on that ground. Secondly, it was argued that as liqu...
Emperor Vs. Mana Gendal
Court: Mumbai
Decided on: Jun-13-1930
Reported in: (1930)32BOMLR1143
Broomfield, J.1. The three appellants in this case were committed to the Sessions Court of Kaira on a charge under Section 304 of the Indian Penal Code, the allegation being that they caused the death of one Dula Galab by inflicting injuries on his head and elsewhere in such circumstances that the offence constituted culpable homicide not amounting to murder. The Sessions Judge altered the charge to one of murder under Section 302, but convicted the accused of the offence c f grievous hart and sentenced Nos. 1 and 2 to five years' rigorous imprisonment under Section 325, and No. 3, who had used a knife, to seven years' rigorous imprisonment under Section 326.2. The appeals have been admitted by this Court as regards the sentences only ; but, before dealing with the question of sentences, we think it desirable to make some preliminary remarks as to the propriety of the finding that the offence amounted to grievous hurt and nothing more. It appears that there is a growing tendency among ...
Gulabmiya Dagumiya Vs. Empeor
Court: Mumbai
Decided on: Jun-13-1930
Reported in: AIR1930Bom487; 129Ind.Cas.344
Broomfield, J.1. The applicant in this case is an he norary organiser of Co-operative Credit Societies and was appointed as such by Government. The Registrar of Co-operative Credit Societies appointed him liquidator of the Malegaon Seed Society, this appointment being made under Section 47 of the Bombay Co-operative Societies Act VII of 1925, It is alleged that he misappropriated a sum of Rs. 100 which came into his possession as liquidator and he has been prosecuted for an offence under se. 408 and 409 of the Indian Penal Code.2. A preliminary objection was raised that the sanction of Government was necessary before he could be prosecuted under Section 197 of the Criminal Procedure Code. It was contended; firstly, that as organiser of Co-operative Credit Societies he was appointed by Government and was not removeable from this office, except by or with the sanction of Government, and, therefore, sanction for the prosecution was required on that ground. Secondly, it was argued that as ...
Mana Gendal and ors. Vs. Emperor
Court: Mumbai
Decided on: Jun-13-1930
Reported in: AIR1930Bom483; 129Ind.Cas.351
Broomfield, J.1. The three appellants in this case were committed to the Sessions Court of Kaira on a charge under Section 304 of the Indian Penal Code, the allegation being that they caused the death of one Dula Galab by inflicting injuries on his head and elsewhere in such circumstances that the offence constituted culpable he micide not amounting to murder. The Sessions Judge altered the charge to one of murder under Section 302, but convicted the accused of the offence of grievous hurt and sentenced Nos. 1 and 2 to five years' rigorous imprisonment under Section 325, an d No. 3, who had used a knife, to seven years' rigorous imprisonment under Section 326.2. The appeals have been admitted by this Court as regards the sentences only; but before dealing with the question of sentences, we think it desirable to make some preliminary remarks as to the propriety of the finding that the offence amounted to grievous hurt and nothing more. It appears that there is a growing tendency among S...
- ‹ Prev
- 1
- Next ›