Court : Mumbai
Reported in : AIR1950Bom340; (1950)52BOMLR288
..... wholly or in part under the chapter, the court shall, notwithstanding anything contained in section 92. evidence act, 1872, or in section 49, registration act, 1908, or in any other law for the time being in force, have power to enquire into and determine the real nature of such transaction and decide such suit or ..... any law for the time being in force' was used in the act it was meant to exclude the other provisions of the evidence act or the other provisions of the registration act, and therefore section 32, evidence act being other law for the time in force apart from section 92, evidence act, which has been mentioned therein, the ..... operation of section 32, evidence act, was excluded by the later provision contained in this .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR442
..... the estate nor are they given to the two sets of grandsons. it is also not clear whether the directions regarding the payment of these allowances are to be in force only so long as the estate is not distributed. it is difficult to see what is the period of distribution which the will contemplates. if it is the date of ..... from a gift to individuals has a well recognised meaning in law. the expression undoubtedly has its origin in english courts, but it has been adopted in the indian succession act, and the provisions relating to it are applicable to the hindus also. as was said by lord cottenham :a gift to a class implies an intention to benefit those ..... .9. against this decision, defendant no. 1 obtained leave to appeal to his majesty in council. the records, however, were not transmitted to england prior to the passing of act i of 1948 which enlarged the jurisdiction of this court. the records accordingly came to this court, and the petition of appeal was filed by the appellant in june, 1948 .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR635
..... out only by 1886. the effect of the assessment was to increase the revenue by about rs. 3,000. in 1886, after the new act had come into force, the government announced to the grantees that a settlement had been introduced and since then recoveries had been made according to that settlement until the ..... , orders issued, and notifications published under any such enactment, and all other rules (if any) now in force and relating to any of the matters hereinafter dealt with, shall (so far as they are consistent with this act) be deemed to have been respectively prescribed, made, furnished, conferred, issued and published hereunder.and all proceedings ..... administration of lands held under government, in the districts belonging to the bombay presidency....' the act came into force on july 21, 1865, and remained in operation until it was repealed by the land revenue code, 1879, which came into force on june 30, 1879. in fixing the land assessment the government began survey operations in .....
Tag this Judgment!Court : Mumbai
Reported in : (1950)52BOMLR25
..... provincial government requisitions or acquires any moveable property, the owner thereof shall be paid such compensation as that government may determine:section 154 of the government of india act, as adapted by the india (provisional constitutional) order, 1947, runs as follows: property vested in his majesty for purposes of the government of the dominion ..... the central government, of the total value rs. 3,50,000, was taken into account and the annual value under section 127(b) of the municipal act was determined at rs. 93,370. the respondents objected to this assessment before the chief executive officer of the appellants. the deputy executive officer reduced the ..... february 26, 1943. it recited' that the immoveable property, particulars whereof were set out in the schedule thereunder, had been requisitioned under the defence of india act, 1939, and the rules framed thereunder, and that on april 12, 1942, possession was taken under the authority of the government and that as the owners .....
Tag this Judgment!Court : Mumbai
Reported in : (1950)52BOMLR181
..... . the decision in thakur shankar baksh's case was not even cited as relevant to the decision of the case.10. by an amendment of the transfer of property act made by act, xx of 1929, the word 'order' has since been substituted by the word 'decree.'11. in bombay, in bamchandra kolaji v. hanmanta i.l.r. (1920) ..... in their judgment, considered the decision of the privy council in raghunath singh v. hansraj kunwar but came to the conclusion that section 60 of the transfer of property act was not exhaustive and the right to redeem can be extinguished by other provisions of law, including the provisions of the civil procedure code. they held that order xxiii, rule ..... in the further alternative it was contended that the compromise having been partly performed the same should be enforced under section 53(a) of the transfer of property act and therefore the mortgagor was not entitled to claim redemption, although no sale deed in fact had been executed in favour of the mortgagees. the high court accepted .....
Tag this Judgment!Court : Mumbai
Reported in : (1950)52BOMLR171
..... of the award in the reference to the family settlement or the partnership arrangement of 1916. firstly, because the agreed terms of reference were such that an arbitrator acting under them was dispensed from observing legal rules of evidence, as he was dispensed from many of the ordinary rules of the conduct of a trial. secondly, ..... settlement and the partnership arrangement of 1916, neither of which, though each related (it was said) to immoveable property, had bean registered as required by the indian registration act, and (b) the arbitrator ought to have held that anardeyi's suit was in any event barred by limitation. (2) that the arbitrator in his award had ..... arbitrators, but if they should fail to make a unanimous award or should disagree or refuse or fail to act, then sir manmatha nath mukherjee, a retired judge of the high court at calcutta, was appointed to act as sole arbitrator. the terms of settlement conferred upon the arbitrators or arbitrator a list of special enumerated powers, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom307; (1950)52BOMLR394
..... of counsel for the respondent was accepted, in the case of hindus, once a marriage which was not performed in accordance with the provisions of the special marriage act, 1872, was there, brougnt about howsoever and under whatever circumstances, the consummation of that marriage would be enough to run a coach and four through all the ..... difference to the position as it obtains in this petition. what i have got to consider is whether on a true construction of the provisions of the special marriage act, 1872, the marriage which was solemnized before the registrar of marriages on 17th september 1948, was a valid marriage or not. if on the construction of the ..... upon the petitioner or the petitioner being responsive enough to his advances the petitioner and the respondent conceived of the idea of solemnizing a marriage under the special marriage act. with that end in view, they appear to have gone to the office of the registrar of marriages and signed a declaration there. the petitioner was known .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom161; (1950)52BOMLR97
..... no provision in the letters patent for cross-objections, the court has no jurisdiction to entertain them and pass a judgment thereon. personally i do not think there is much force in this argument. the jurisdiction to hear cross- objections is the same, whether the appeal is against the decision of a single judge exercising original jurisdiction or whether it is ..... every year with the plaintiff's bullocks and the cart. as per above decision the defendant is the tenant of the plaintiffs and so long as the defendant continues to act and abide by the aforesaid decision till then the plaintiffs have no right to evict the defendant from the said land. the defendant has no other right in the said .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom206; (1950)52BOMLR53
..... [i was dealing with sub-clause (b) of section 45] 'now to my mind it is essential that there must be in law for the time being in force some duty cast upon the public officer. if he does not do the duty, then the court can call upon him to do it. if he does it improperly ..... arbitrator, then certainly they would not have been entitled to an order under section 45. but the foundation of the authority of the arbitrator is the bombay industrial relations act; the foundation of his authority is not the notification issued by government. the petitioners do not challenge the foundation of his authority. on the contrary, they appeal ..... them and their employees, and the provincial government on 4th may 1948, referred the dispute to the arbitration of the industrial court under section 73, bombay industrial relations act, 1946 the petitioners contended in their petition that as their industry was not a cotton textile industry, the dispute between them and their employees did not constitute an .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom260; (1950)52BOMLR294
..... effective from the date on which they are communicated to the lower court is correct, if we may say so with respect, and should apply with equal force to the orders passed by an executing court in respect of proceedings held before the collector, and it should be held that they take effect from the ..... was held by the collector but before it could be confirmed, the judgment-debtor made an application to the court under section 5, united provinces agriculturists' relief act and prayed that the execution proceedings may be recalled from the collector. the court entertained the application and sent an order to the collector staying further proceedings for ..... the judgment-debtor made an application to the court which passed the decree, for payment of the decree by instalments under section 11, central provinces money-lenders act. the court entertained the application and ordered the stay of the proceedings before the collector. the stay order, however, was not communicated to the collector, with .....
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