Court : Mumbai
Reported in : AIR1953Bom174; (1952)54BOMLR950; ILR1953Bom230
..... legislature, viz., 1-1-1947, was an arbitrary date for which there could possibly be no justification. mr. gokhale points out that the act was passed on 19-1-1948, and it came into force on 13-2-1948, and it is therefore contended that the legislature has given a retrospective effect to the explanation, and landlords who had ..... in this particular case there seems to be prima facie good sense and intelligence in selecting 1-1-1947. that was the time when a revolution was in the air, when people were beginning to think of the possibility of circumstances and conditions changing and although a wholesale migration started much later, a gradual trek was visible from ..... have decided the matter himself. further the learned judge also overlooked the provisions of order xxvii-a of the civil procedure code. if the question of the constitutionality of an act of the bombay state was in question, it was his duty to have given notice to the advocate general of bombay. in this particular case no notice was .....
Tag this Judgment!Court : Mumbai
Reported in : 1953CriLJ1569
..... . a big crowd gathered there pandharinath, therefore, sent telephonic message to the district superintendent of police and the town inspector b.p. dubey (p.w. 13) to send additional police force for help. narsanna (p.w. 2). sub-inspector, amarpalsingh (p.w. 6), head constable, abdul kuddus (p.w. 3), head constable, and other police officials went to ..... occupied the first storey of the building belonging to harroon seth. mst. gangu is his wife and mst. laxmi is his daughter. laxman is his son. on 5.10.1950, separate proceedings under section 107, criminal p.c. were started against the applicant, the members of his party and the party of laxman dhobi of nawabpura. an application was ..... who took the warrant and was attacked in the course of execution of the warrant could not, therefore, he said to be acting in discharge of his duties. in-provincial govt. c.p. and berar v. nonelal air 1946 nag 261, it was held:the words 'in the discharge of his duty as such public servant' mean in the discharge .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom242; (1953)55BOMLR86; ILR1953Bom1187
..... law be regarded as unauthorised. counsel appearing in both the cases have in the course of the argument challenged the validity of a large number of sections of act 29 of 1950. the arguments which have been advanced at the bar may be classified under four distinct heads:1. that the state legislature was not entitled to enact any ..... relation of an individual with what he regards as his maker or his creator or the higher agency which he believes regulates the existence of sentient beings and the forces of the universe. again, in view of the fact that there is not one religion but there are numerous religions and different persons residing within this country and ..... it was contended that sections 18, 31, 66, 55, 56, 48, 53 end 50 (e) and 50 (g) were void. it was urged that section 18 of act 29 of 1950 which requires every public trust to be registered and section 66 which penalises non-compliance with that provision, and section 31 which imposes a further disability preventing the courts .....
Tag this Judgment!Court : Mumbai
Reported in : 1953CriLJ481
..... mean that the power to repeal statute can be delegated by the legislature their view is not in consonance with the decision in - the delhi laws act case 1951 scr 747 : air 1951 sc 332 pr. 14 which, though decided before this case does not appear to have been noticed by the learned judges. as regards the other ..... that delegation of this kind cannot proceed beyond that and that it cannot extend to the repealing or altering in essential particulars of laws which are already in force in the area in question. that is a matter which parliament alone can handle.20. the other three learned judges have held that the power to apply ..... be unconstitutional. in support of this argument reliance was placed on - chintaman rao v. the state of madhya pradesh : [1950]1scr759 . in this case, the central provinces and berar regulation of manufacture of bidis (agricultural purposes) act (lxiv of 1948) was challenged as unconstitutional on the ground that section 4(2) thereof contravened the provisions of article .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom342; (1953)55BOMLR357; ILR1953Bom1031
..... a hindu married woman shall be entitled to separate residence and maintenance from her husband..... .if he marries again,' such marriage should take place after the act came into force. in all clauses of section 2 the present tense has been used. it may suggest that the various grounds on which the relief is claimed by ..... (4) of section 2, the legislature was merely providing a better way of enforcing an existing remedy or giving statutory recognition to such remedy. before the act came into force, as we have already stated, the mere second marriage of the husband did not give any right to the wife to claim separate residence and maintenance. ..... , be given retrospective effect. in -- 'sukhribai v. pohkalsingh', air 1950 nag 33 (b), the learned judges of the nagpur high court had to consider the nature of this act, and the point canvassed before them was whether it was a declaratory act as distinguished from a remedial act. after an elaborate examination of the question the learned judges came .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom305; (1953)55BOMLR344; ILR1953Bom913
..... the stream are entitled to the use of this water for their tenements and irrigation of their lands.(6) gale, in his treatise on the law of easements, 12th edn. (1950), has observed at p. 231 that :'...the natural rights of a riparian owner may be shortly defined as three-fold : first he has a right of user. he can use ..... of the village of girasagaon with a view to store the water in order to raise garden crops and also for an injunction to restrain the defendants from doing any act, such as the construction of a dam within the limits of dhekwad village or digging of water channels for irrigating lands in narayanpur digar, to obstruct the suit stream and ..... the water, and this they are not entitled to do in. any event. as i have stated above, i see considerable force in all these contentions of mr. gokhale.(3) in the case of --'secretary of state v. sannidhiraju subbarayudu', air 1932 p.c. 45, it was held by the privy council that 'the right of a riparian owner to take water .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom223; (1953)55BOMLR185; ILR1953Bom752
..... is true that the view which, we are taking is in conflict with the view taken by the madhya bharat high court in -- 'mohd. zahural huque v. state', air 1950 mad 17; here the learned judges had to consider the applicability of influx from west pakistan (control) ordinance, 17 of 1948 to the state of madhya bharat and the learned ..... to the dominion of india; but this declaration of the intention accepts the authority of the four dominion authorities mentioned therein, functioning under the government of india act as it was in force in the dominion of india on 15-8-1947. it would thus appear even from this clause that the authority of the governor-general of india was ..... the third reason why the learned magistrate took the view that the accused was not guilty was that even the influx from west pakistan (control) act, 1949, did not apply because that act came into force on 22-4-1949. his argument was that as the overstay after 23-12-1948, did not constitute an offence and was perfectly legal at .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom420; (1953)55BOMLR444; ILR1953Bom762
..... high courts on analogous legislation. in -- 'bhagwant rao v. damodhar' (d), the nagpur high court had to consider whether section 9 of the nagpur act was retrospective. this act had come into force on 1-4-1935. section 9 was subsequently amended on 19-3-1937, the result of the amendment being that it was made clear that the power ..... has not been decided in the trial court. this position is not and cannot be disputed.in our opinion, it would not make any material difference that the act came into force after the decision of the trial court; because if an appeal is preferred against the decree of the trial court, the proceedings in appeal are in substance ..... of appeal cannot decide according to tine existing stare of the law.'the same principle was accepted by this court in --- 'shantiniketan co-operative housing society v. madhavlal, air 1933 bom 37 (b). therefore, we must consider the question as to whether section 23 is retrospective or not in the light of the words used in the section .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom38; (1953)55BOMLR481
..... meant 'suit substantially relating to land.' the judgments in the appeal before the federal court appear in -- 'moolji jaitha and co. v. k. s. & w. mills co. ltd.', air 1950 pc 83 (c). kania c. j. at p. 89 observed: '... .it is sufficient to say that taking the suit as a whole, one has to consider whether it is for ..... england have refused to exercise jurisdiction in all matters relating to or concerning land situate abroad, except in limited cases where on equitable principles they have invoked their jurisdiction to act 'in personam'. i am only concerned in this case with the question of determining what is the principal object or main purpose of this suit, and under the ..... in the agreement he has continued to be in occupation of the premises as a statutory tenant entitled to protection under the bombay rents, hotel and lodging house rates control act (57 of 1947). his case, therefore, is that he is not a trespasser; and the suit according to him being a lessor's action against a lessee to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom260; (1953)55BOMLR170; ILR1953Bom680
..... revisional application.(2) the principal point which arises on this application had in the meanwhile been decided by a division bench of this court in -- 'vish-wanath madhadev v. krishnaji', air 1949 bom 390 (a); it was held by the learned chief justice and myself that the effect of the provisions of section 56 of the new ..... been intended by the legislature to be extended even to the applicants who had made their applications under the old act of 1939.(23) in the case of 'air 1949 bom 390 (a)', a question arose whether the appeal court set up by act 28 of 1947 must dispose of the appeals pending before it in accordance with the provisions of law laid ..... 1939 and which were pending when the said old act was repealed and the new act of 1947 came into force. but the learned chief justice's attention was invited to his decision, sitting as a single judge in civil revn appln no. 459 of 1950 (b) in which a contrary view was taken by him. that is how his lordship has referred this .....
Tag this Judgment!