Court : Mumbai
Reported in : (1877)ILR1Bom592
..... the plaintiff, having delayed bringing his suit for more than 6 months, has lost such benefit of his previous possession as he might have had under section 15 of act xiv of 1859; and government, represented by the defendant, having taken an assignment of his highness scindia's right, title, and interest in those lands, are now entitled to resist this suit upon whatever grounds their assignor ..... such being the case, until regulation v of 1827, section 1, was expressly repealed by section 2, act ix of 1871, on 1st april 1873, the state of the law in the bombay presidency was this: a person who, without title, had been in adverse possession of any immoveable property for 12 years could, under clause 12, section 1 of act xiv of 1859, resist any suit brought to recover it from him; but no such possession short of 30 years could create a title in his favour under regulation v of ..... , if such person happened to lose his possession, and the proprietor to regain it, the former, unless he sued within 6 months under section 15 of that act, must fail in any suit to eject the latter, having no title to stand upon. ..... in the bengal case, that 'after that time it declares not simply that the remedy is barred, but that the title is extinct in favour of the possessor,' would, in our opinion, be to entirely ignore regulation v of 1827, section 1, which, in their lordships' own words, in a later case, seems to be unaffected by act xiv of 1859, and to stand unrepealed in the presidency of bombay.' l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR34
..... the object is to get at the land for a public purpose; and the word land has a definition expressly given to it in the act, which is not exhaustive, because the act says: ' the expression 'land' includes benefits to arise out of the land, and things attached to the earth, or permanently fastened to anything attached to ..... for upon what grounds are we asked to take this severely technical view of the provisions of the act stated briefly, the argument is that, under the act, government cannot acquire what is already their own property; that the land here being government's, government are not 'persons interested' within the meaning of section 3 (b); that when once the compensation due for the whole property, land and buildings, has been ascertained, ..... other hand, all serious difficulty is removed if once it by conceded that the combined interests held apart from government are in such a case as this the ' land ' to be acquired within the meaning of section 3 of the act, and, in my opinion, there is nothing in the act or the decisions which prohibits the adoption of this view in the state of facts now before us. ..... of this decree is that the respondent is held not entitled to determination of his right to the land, although sections 50 and of the act distinctly contemplate that such right must be determined by the court before the claimant can receive compensation. ..... conclusion is opposed to the wide meaning attached to the term ' land ' by the definition given in section 3 of the act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom55; (1914)16BOMLR236; 24Ind.Cas.730
..... of property the proceeds of which are to be distributed rateably among them, whether or not such proceeds are more or less than the amount of their claims and it is argued that the stamp act is a statute in part material with the registration act and that the definition contained therein should be used for the purpose of interpreting section 17(e) of the registration ..... it would be a very extraordinary thing if the legislature intended that the term 'composition deed ' in the registration act should mean something else than the same term in the stamp act and the inclusion of the term in section 17 of the registration act shows it was intended to apply to a transfer of immoveable property and not to a mere agreement to take fractional payment ..... inverarity has pointed out that when in 1866 the first indian registration act was passed, which exempted composition deeds, there was no statutory definition of 'composition deed' either in the then prevailing stamp act or elsewhere and there is much force in the consequent argument that when a composition deed was first exempted from registration by the legislature, what was exempted must have been a ..... not only for the unwary, but for the reasonably wary and, whatever the legislature may have intended in fact, i think that any time after the stamp act of 1869, which first enlarged the phrase by statutory definition, it must be taken to have intended that the ' composition deed' of the concurrent registration act should bear the same meaning. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom300; (1915)17BOMLR225
..... but when the judgments of all the learned law lords in these cases come under critical examination it will be found, i think, that they contain many pieces of questionable or at least imperfect reasoning and attempts at definition, which have not really succeeded in defining permanently or universally the notions in controversy. ..... apart from conspiracy, which is an indictable offence and therefore a wrong in itself, it may be doubted whether the act of a single individual not prompted by malice nor supported by unlawful means, resulting in the breaking of a contract which he knew of and the making of a subsequent contract with himself for his own advantage would, in strictness, give the ..... it supposes that a combination of persons may so oppress the will of one or more other persons that theycease to be free agents, and their acts are, therefore, really the acts of the conspirators who are therefore rightly made answerable to the aggrieved person. ..... now we see ex vi terminorum, that in the first case there could be no valid distinction between the case of one person acting alone and the case of twenty people acting together, for to give a cause of action a wrong must have been done. ..... for if x knows that b has a prima facie right to obtain an article which he wishes to obtain for himself, he is presumed to act maliciously towards b in inducing a, the owner of the article, to break off his bargain with b. .....
Tag this Judgment!Court : Mumbai
Reported in : (1915)ILR39Bom682
..... but when the judgments of all the learned law lords in these cases come under critical examination it will be found, i think, that they contain many pieces of questionable or at least imperfect reasoning and attempts at definition, which have not really succeeded in defining permanently or universally the notions in controversy. ..... apart from conspiracy, which is an indictable offence and therefore a wrong in itself, it may be doubted whether the act of a single individual not prompted by malice nor supported by unlawful means, resulting in the breaking of a contract which he knew of and the making of a subsequent contract with himself for his own advantage would, in strictness, give the ..... it supposes that a combination of persons may so oppress the will of one or more other persons that they cease to be free agents, and their acts are, therefore, really the acts of the conspirators who are therefore rightly made answerable to the aggrieved person. ..... now we see ex vi terminorum that in the first case there could be no valid distinction between the case of one person acting alone and the case of twenty people acting together, for to give a cause of action a wrong must have been done. ..... for if x knows that b has a prima facie right to obtain an article which he wishes to obtain for himself, he is presumed to act maliciously towards b in inducing a, the owner of the article, to break off his bargain with b. .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)22BOMLR368; 58Ind.Cas.915
..... it was in my opinion his duty under the general powers of superintendence vested in him as district judge under section 9 of the bombay civil courts act, 1869, and the duty was moreover expressly prescribed as follows:-the judge who notices the misconduct of the pleader should charge the pleader therewith and, after such preliminary enquiry as he may think fit ..... then, after referring to the honour of journalism and to his membership of the bombay bar and its traditions, the writer stated that in similar circumstances he would not act differently, and that he could not conscientiously offer any apology, and that, if that explanation was not considered sufficient, he would respectfully suffer the penalty subsequently, at the respondents' request, the hearing of the ..... earlier in the same page, the lord chief justice had dealt with another class of contempt which he thus describes :-any act done or writing published calculated to bring a court or a judge of the court into contempt, or to lower his authority, is a contempt of ..... the outset, it mentions an alleged declaration by sir michael o'dwyer of his intention of taking note of the anti-rowlatt legislation agitation and passive resistance demonstration before there was any disturbance of the peace. ..... thereupon passed between him and the registrar of this court acting under the directions of the chief justice. ..... on the 11th december, the acting advocate general initiated the present proceedings by applying for a rule nisi against .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom489; (1925)27BOMLR1043; 90Ind.Cas.311
..... by the learned advocate general for the crown but the contention that is put forward on behalf of the crown it that the petitioner has ceased to be a british subject, and therefore comes within the proviso to this definition which is as follows:-provided that any british subject who, under any law for the time being in force in british india, ceases to be a british subject shall thereupon be deemed to be a foreigner.4. ..... a certain amount of stress has been laid for the petitioner on the words ' under any law for the time being in force ' to be found in section 2 of act hi of 1915; and the question was argued whether the word ' law' is restricted to statute law or whether it includes common law. ..... there can be no doubt that such an option may be given by the express provisions of the treaty or statute by which the separation is governed, in which case a definite period is usually named within which the option must be exercised by quitting or remaining inhabitants of the ceded or separated territory. ..... on january 10, 1925, an order was passed by the local government against the petitioner under section 3 of india act iii of 1864, ordering him as a foreigner to remove himself from british india, with this order he complied. ..... the importance of this is apparent, when reference is made to the definition of 'foreigner' which is contained in the foreigner's act iii of 1864, as amended by act iii of 1915. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom115; (1927)29BOMLR78
..... i do not think that as regards the privies there was a lease ; for the definition of a lease in section 105 of the transfer of property act does not seem to apply to a restricted use like the one in this case. ..... as then the privies were destroyed here by irresistible force not due to the wrongful act or default of the tenants, i think the legal position would be that umersey if a tenant could determine the tenancy under sub-section (e) of section 108, but that neither party would be responsible to the other for damages to the demised premises.15. ..... fourth floor the parties here are all hindus, and, therefore, in so far as this question involves matters of contract and dealing between party and party, it has to be decided according to hindu personal law or custom under section 112 of the government of india act, 1915, and clause 24 of the supreme court charter of 1823 apart from express statutory provisions. ..... there being nothing in hindu law to assist us on that point, we may turn to section 108 of the transfer of property act which defines the rights and liabilities of landlord and tenant in the absence of any contract or local usage to the contrary. ..... the onus of showing that it was an irrevocable or other higher right would, i think, lie on the defendant who affirmed its existence under section 103 of the indian evidence act, for i do not think that as regards the privies the parties are shown to have acted as landlord and tenant of such privies within the meaning of section 109. .....
Tag this Judgment!Court : Mumbai
Reported in : 101Ind.Cas.210
..... i do not think that as regards the privies there was a lease; for the definition of a lease in section 105 of the transfer of property act does not seem to apply to a restricted use like the one in this case. ..... [his lordship then considered the question whether the defendant did in fact lay a trap for umersey or fail in his duty under section 57 of the basements act and after dealing with the evidence continued:] on the evidence before us i would hold that the collapse was primarily due to the defects noticed by mr. ..... [a] as then the privies were destroyed here by irresistible force not due to the wrongful act or default of the tenants, i think the legal position would be that umersey, if a tenant, could determine the tenancy under sub-section (e) of section 108, but that neither party would be responsible to the other for damages to the demised premises.14. ..... the parties here are all hindus, and, therefore, in so far as this question involves matters of contract and dealing between party and party, it has to be decided according to hindu personal law or custom under section 112 of the government of india act, 1915, and clause 24 of the (supreme court charter of 1823 apart from express statutory provisions. ..... there being nothing in hindu law to assist us on that point, we may turn to section 108 of the transfer of property act which defines the rights and liabilities of landlord and tenant in the absence of any contract or local usage to the contrary. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom539; (1928)30BOMLR1407
..... a promissory note in consideration of a time-barred debt is precisely within the terms of the 3rd exception to section 25 of the indian contract act, for he is a person against whom but for the statute of limitation the creditor might have enforced payment, to the extent of course of the estate in his hands, and, therefore, he is a person who can make the promise we find in the 3rd exception to that section, and if he does make that promise, then the promise is a contract. ..... the second question is whether there was, to use the words of proviso 3 of section 92 of the indian evidence act, any separate oral agreement constituting a condition precedent to the attaching of any obligation under the promissory no to ..... it is not always easy to construe the provisions of the indian contract act with accuracy, but if it be true that the exceptional cases set out in section 25 are cases of agreements wherein there is no consideration, then, though the law may make such agreements effective as a contract against the principal debtor, the fact remains that there is no ..... i do so for this reason that i cannot see in this case anything done or any promise made for the benefit of the principal debtor, and, therefore, under section 127 of the indian contract act there is no consideration for a contract of guarantee. ..... the case contemplated by this section is of course one where a person signs a promissory note without adding anything to show that he is acting as executor or administrator of .....
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