Mumbai Court July 1934 Judgments
Daluchand Velji Gujar Vs. Shanti Sarashi
Court: Mumbai
Decided on: Jul-30-1934
Reported in: AIR1935Bom98; (1934)36BOMLR1253
Murphy, J.1. This is a second appeal against the decision of the Assistant Judge of Thana confirming the decree of the Second Class Subordinate Judge at Roha dismissing the plaintiff's suit. This suit was brought in the character of a 'khot' owning a two anna takshim in the village of Sangi, against the two defendants, one of whom is the descendant of the original purchaser of a 'khoti' holding and the other the descendant of the original vendor. The holding in question was sold by its original owner in 1887, and the plaintiff's case was that this being a breach of the condition of inalienability which attaches to such khoti holdings, he is entitled to recover possession from the purchaser. The main plea in defence was that there exists in this village a custom by which such holdings are alienable, without the consent of the khot being obtained.2. The other points which have been decided by the Courts below were limitation, and a question of estoppel against the plaintiff, because he h...
Tag this Judgment!Emperor Vs. Ahmad Ebrahim
Court: Mumbai
Decided on: Jul-29-1934
Reported in: AIR1935Bom37; (1934)36BOMLR1126
John Beaumont, Kt., C.J.1. These are four applications in revision in which the Government of Bombay ask that the sentences imposed may be enhanced. The cases are distinct, but they have certain features in common. In each case the accused was convicted of theft of a petty nature, and previous convictions against him for similar offences were either proved or admitted. The sentences imposed in two cases were six months' rigorous imprisonment and in two cases four months' rigorous imprisonment and the Government of Bombay consider that those sentences should be enhanced.2. Now the cases disclose, not for the first time, a practical difficulty with which the Presidency Magistrates are faced. Under Section 362 of the Criminal Procedure Code the Magistrate has to record the evidence in cases in which an appeal lies, and in other cases he is not bound to record the evidence. Whether an appeal lies or not depends on the sentence which the Magistrate ultimately passes. Under Section 411 of th...
Tag this Judgment!Emperor Vs. Linganna Elanna
Court: Mumbai
Decided on: Jul-27-1934
Reported in: AIR1934Bom461; (1934)36BOMLR962
John Beaumont, Kt., C.J.1. In this case a boy alleged by his paternal uncle, with whom he was living, to be under seven, and on the evidence apparently about seven, was brought before the Magistrate in the Children's Court on a charge of theft. The learned Magistrate was satisfied of his guilt, but in a case dealt with under Section 27(1) of the Bombay Children Act, 1924, there is not, properly speaking, any conviction. Being satisfied of the guilt of the boy, the learned Magistrate directed him to be sent to a certified school for five years under Sub-clause (d) of Section 27. The paternal uncle objects to that course having been adopted, but, in my opinion, it was much the best course to adopt in the case of this boy. Our attention has been drawn to the proviso at the end of Section 27(1), which is curiously expressed, because it provides that 'nothing in this section shall be construed as the court to deal with any case in any manner in which it could not deal with the case apart fr...
Tag this Judgment!Tatyagouda Ranoji Patil Vs. MohodIn Sultan Mullain
Court: Mumbai
Decided on: Jul-27-1934
Reported in: AIR1935Bom95; (1934)36BOMLR1231
Murphy, J.1. This is an appeal under Section 47 of the Civil Procedure Code against an order made in appeal by the District Judge of Belgaum dismissing an execution application allowed by the Subordinate Judge of Chikodi.2. The decree for Rs. 743-14-0 was made against the judgment-debtors in a suit to recover Rs. 700 due on a mortgage by she the of the mortgaged property, and was made on October 9, 1922. Tiff execution proceedings 1 were sent to the Collector to effect the sale of survey No. 175 of Bhivashi, after which the judgment-debtors put in an application contending that the property could not be brought to sale as it was mullanki, that is, held on a grant for the benefit of the Mulla and in consideration of his services to the village community.3. The sanad has been produced, and one of its conditions is that the property should not be alienated. In the original Court it was contended that Sections 10 and 11 of the Watan Act applied, but though the grant calls it a watan, it is...
Tag this Judgment!Linganna Elanna Vs. Emperor
Court: Mumbai
Decided on: Jul-27-1934
Reported in: 153Ind.Cas.33
Beaumont, C.J.1. In this case a boy alleged by his paternal uncle, with, whom he was living, to be under seven, and on the evidence apparently about seven, was brought before the Magistrate in the Children's Court on a charge of theft. The learned Magistrate was satisfied of his guilt, but in a case dealt with under Section 27(1) of the Bombay Children Act, 1924, there is not, properly speaking, any conviction. Being satisfied of the guilt of the boy, the learned Magistrate directed him to be sent to a certified school for five years under Sub-clause (d) of Section 27. The paternal uncle, objects to that course having been adopted, but, in my opinion, it was much the best course to adopt in the case of this boy. Our attention has been drawn to the proviso at the end of Section 27(1), which is curiously expressed, because it provides that 'nothing in this section shall be construed as authorizing the Court to deal with any case in any manner in which it could not deal with the case apar...
Tag this Judgment!Sheo Swarup Vs. King-emperor
Court: Mumbai
Decided on: Jul-26-1934
Reported in: (1934)36BOMLR1185; AIR1934PC227
Russell, J. 1. This appeal was brought by special leave from a judgment of the High Court of Judicature at Allahabad, which reversed an order of acquittal passed by the Sessions Judge of Cawnpore. The appellants (and others) were charged with murder and other offences, alleged to have been committed during the Cawnpore riots in March, 1931. The trial commenced before the Sessions Judge with the aid of three assessors; one of the assessors fell ill during the trial, which was duly continued with the aid of two assessors. The Sessions Judge, agreeing with the two assessors, found the accused not guilty of any of the offences charged against them, and acquitted all of them. The Sessions Judge formed a clearly expressed opinion that the evidence against the accused was wholly unworthy of belief. It will be sufficient to cite one passage in his judgment in which he says: I think I have said sufficient to show that the whole case is riddled with perjury, and in the circumstances if any part...
Tag this Judgment!Percy F. Fisher Vs. Ardeshir Hormasji Gazdar
Court: Mumbai
Decided on: Jul-24-1934
Reported in: AIR1935Bom213; (1935)37BOMLR165
B.J. Wadia, J.1. The plaintiff has filed this suit to recover from the 1st defendant the sum of Rs. 13,350 and interest for moneys lent and advanced to him at different times in 1920, and for an order for sale of certain shares alleged to have been pledged with him in or about January, 1922, as security for repayment of the loans advanced to him, and for other ancillary reliefs. The 1st defendant was adjudicated insolvent on November 22, 1933, and the Official Assignee is now on record as the 2nd defendant in the suit. He has appeared at the hearing and adopted the written statement of the 1st defendant who denies the loans and payments for interest, but says that moneys were paid by him to the plaintiff on account of the losses sustained by him on certain gambling and wagering transactions which, according to him, were carried on in the plaintiff's house. He denies the pledge and says that the shares, namely, 226 deferred ordinary shares and 236 preferred ordinary shares of the Britis...
Tag this Judgment!Khan Bahadur Mian Pir Bux Vs. Sardar Mahomed Tahar
Court: Mumbai
Decided on: Jul-23-1934
Reported in: (1934)36BOMLR1195
MacMillan, J.1. The plaintiff in this suit, who is the respondent in the appeal, prays the Court (1) to declare him to be the rightful owner of the southern half of a plot of land in New Sukkur, and (2) to put him in possession thereof by dispossessing the defendant, who is the present appellant. The action was also directed against the Secretary of State for India in Council, who, however, took no part in the proceedings.2. The District Judge dismissed the suit. On appeal, his judgment was reversed by the Court of the Judicial Commissioner of Sind, and a decree for possession granted in favour of the plaintiff. Hence the present appeal by the unsuccessful defendant. It will be convenient to refer to the parties in their original characters of plaintiff and defendant, bearing in mind that the plaintiff is now the respondent and the defendant now the appellant.3. The circumstances in which the defendant came to be in possession of the half-plot of land from which the plaintiff seeks to ...
Tag this Judgment!Lala Kalyan Mal Vs. Ahmad UddIn Khan
Court: Mumbai
Decided on: Jul-20-1934
Reported in: (1934)36BOMLR981
Shadi Lal, J.1. This appeal has been brought from a decree of the High Court of Judicature at Allahabad dated November 12, 1931, which reversed a decree of the Additional Subordinate Judge of Shahjahanpur dated September 18, 1928, and dismissed the appellant's suit with costs.2. The plaintiff, who is the receiver of a firm known as Sahi Mal-Manohar Das, brought the suit, which has given rise to this appeal, to enforce a mortgage executed on November 1, 1916, in favour of the firm by one Musammat Imam Begum and her son Bashir Uddin. The mortgage was made in order to secure the repayment of Rs. 7,500 with interest thereon at Rs. 9 per cent. per annum.3. The claim was resisted by Musammat Imam Begum, who denied the execution of the mortgage deed and the receipt of the consideration-She pleaded that she was a pardanashin lady; and was, at the time of the execution of the mortgage, old as well as deaf; and that she was not bound by the transaction, as the deed was neither read out, nor expl...
Tag this Judgment!Bisheshwar Pratap Sahi Vs. Parath Nath
Court: Mumbai
Decided on: Jul-20-1934
Reported in: (1934)36BOMLR1179
Lancelot Sanderson, J.1. This is an appeal from a decree of the High Court of Judicature at Allahabad, dated April 30, 1930, which affirmed a decree of the Subordinate Judge of Benares, dated November 30, 1925.2. The appellants are the heirs and legal representatives of Musammat Dulhin Radhe Dulari Kunwar, hereinafther called Musammat Dulhin, who was the first defendant in the suit. She died in June, 1927, and the names of her legal representatives were placed on the record in her place in May, 1928.3. The suit was brought on February 25, 1924, by the plaintiff respondents, both of whom were minors, against (1) the said Musammat Dulhin, (2) Musammat Chhunni, and (3) Musammat Shiam Sundar. The plaintiffs prayed for the following relief:(a) It may be declared by the Court that the plaintiffs are the owners of the property, detailed below, under a deed of relinquishment executed by Musammat Chhunni in favour of the plaintiffs, dated December 14, 1923, and that it is by no means fit to be ...
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