Court : Mumbai
Reported in : (1877)ILR1Bom59
..... of limitation would thus be counted from a time within three years of october 1872; but we do not think that because interest may be awarded, it was intended by act ix of 1871 to keep a decree perpetually in force without renewed applications. it may be rather hard upon the judgment-creditor in this case that, although he was ..... sunkur tribedee v. arman ali chowdhry 21 cal. w.r. 309 civ. rul), could bar limitation under act ix of 1871. it was, indeed, merely a request or suggestion that the collector should be directed to carry out a direction sent to him in 1868 in a particular ..... prior application for execution of which had been made in february 1868. upon that earlier order, partial execution had been obtained and proceedings sufficient apparently to bar limitation under the act of 1859, had been going on till 30th september 1871. the application made to the court on that day was not one which, according to the case of gouree .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR2Bom19
..... would, i think, have had jurisdiction, because, for the reasons already given, it does not 'relate' to 'landed or other real property' within the 3rd section of that act, and the objection made successfully in the former suit, that the sea off yerangal is not within the local jurisdiction, must have failed in this suit, constituted as ..... that the claim, which he put forward, was for an incorporeal hereditament, and, therefore, that the county court (in which the action had been brought) was, by section 58 of act 9 and 10 vic., c. 95, deprived of jurisdiction to entertain the action, but the court said: ''hereditament' is defined in the text books to signify ' ..... plaintiffs exists? and(5) whether the defendants have caused any injury to the plaintiffs, and if so, what damages should be awarded?4. he held that, under section 5, act viii of 1859, the court had jurisdiction to try the suit, the defendants dwelling within its jurisdiction; but that the suit itself was barred by the previous one .....
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom294
..... the proposition, that the application spoken of in article 167, clause 4, must, at least, be such an application as is contemplated by section 212 of the civil procedure code (act viii of 1859). but section 212 applies merely to the enforcement of decrees, whereas article 167, clause 4, speaks not only of applications to the court to 'enforce,' ..... refused that application. the plaintiffs appealed to this court, which, on the 12th august 1874, reversed the order of the subordinate judge, and declared that the pensions act xxiii of 1871 was not retrospective, and did not affect the rights of the plaintiff's under their mortgage of the 25th january 1856, the decree thereon of ..... but also of applications to the court to 'keep in force' decrees or orders. the enforcement of the decree in the present case was for a time interrupted by the act of .....
Tag this Judgment!Court : Mumbai
Reported in : (1883)ILR7Bom42
..... the order of the police commissioner forbidding them to go out in procession, there is no doubt a great deal in mr. inverarity's argument upon section 77 of the police act xiii of 1856, but we think it is unnecessary, under the circumstances, to consider whether this portion of the conviction was sustainable, or to decide whether ..... that mr. smith, the deputy commissioner of police--an officer of police undeniably superior in rank to officers in charge of police stations--had the authority contemplated in section 480 of the said criminal procedure code.3. the remaining question raised is whether the assembly was likely to cause a disturbance of the public peace? we have been ..... in bombay, their feelings and the inflammable material of which the population is made up, and knowing the views of the so-called salvationists who style themselves an army whose avowed purpose is, as it were, to force their views upon others, it appears to us that most people of common sense would come to the .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom600
..... remain liable to prosecution.24. there is, however, a power in the crown, as representing the public interests, to prosecute by complaint before a magistrate and under section 144 of act x of 1875 the advocate-general may, with the leave of the government, exhibit to the high court informations for all purposes for which her majesty's attorney- ..... evidence of their guilt. the existence of such evidence is alleged in paragraph 3 of the complaint. the magistrate was bound to follow the interpretation of section 132 of the indian evidence act laid down by this court in queen empress v. ganu sonba i.l.r. 12 bom. 440 so long as that judgment remains not overruled. ..... a trial by members of both houses of parliament. the practice of public servants accepting presents or rewards is forbidden by the regulating act, 13 geo. iii, c. 63 section 23. again, 33 geo. iii, c. 52 section 62, enacts that the demanding or receiving of presents shall be deemed and taken to be extortion, and a misdemeanor at law .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR35
..... instance, if a person says to a man ' have you not repudiated your wife 1 ' and he says ' true,' she is repudiated: baillie, p. 214; and there is a separate section of the law dealing solely with repudiation by writing, where we read that where the writing is customary and manifest-as it was here-the repudiation takes immediate effect : see ..... and baillie's digest are decidedly against her, and i would point particularly to the decision in the case of the husband ' being in a besieged town or in an army '. there the wife does not inherit even though the husband dies within her idat, and the reason is-because there has been no evasion. the law is also so stated ..... that adam pronounced the talak-i-bain vehemently. this appears from the proof (ex. no. 6) of which the kazi admits the general correctness, and is most consistent with the acts and intentions and conduct of the parties. so far as i can gather from the authorities, the triple repetition is merely one of the many forms by which a talak .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR681
..... ends for which they are invented, though for every other purpose they maybe contradicted mostyn v. fabrigas (1775) cowp. 177. when the legislature says in section 16 of the bombay police act that a police officer is to be deemed to be always on duty throughout the city of bombay, the meaning is, even when he is not actually ..... or with the object of conveying praise to or censure on a superior are prohibited. no meetings of volunteers will be hold except under the authority of the officer commanding.' (army regulations, india, vol ix, page 6, under the heading of 'discipline.') in the 'instructions for the liverpool city police force', published in 1896 by mr. j.w. nott ..... . they are maintained for the public. in either case the object is security of life and property. all laws, relating whether to the army or the police, are based upon the principle that the army and the police are for the public, not the public for them. and where there is a doubtful question of construction as regards any .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR1296
..... . ram prasad ilr (1886) all. 74 and madho singh v. kashi ram ilr (1887) all. 228 applied this doctrine. the guestion arises however since the contract act was amended by act vi of 1899) whether section 16 as it now stands is exhaustive and displaces the principle of justice equity and good conscience. the allahabad court has answered this question in the negative ..... make out a primafacie case of undue influence so as to throw the onus on the lender to disprove it. in this case the defendant, a lieutenant in the indian army of the age of 24 and the plaintiffs were not on an equal footing. i am quite certain the defendant was not aware of the nature of the bargain he ..... macleod, j.1. the plaintiffs, a firm, of money-lenders at poona, have filed this suit as a summary suit against the defendant, a lieutenant in the indian army, to recover the sum of rs. 6409-12 alleged to be due for principal and interest on a demand promissory note for rs. 6000 given to them by the defendant .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR417
..... nature, real or personal, must be absolutely vested in some person and be alienable within a life in being and twenty-one years after.'118. section 14 of the transfer of property act now enacts this rule as substantive law in india. it is, however, an equally well-established rule of law that this rule against perpetuities does ..... to find on the evidence at all, and the finding really never affected the result as the bequests were void for non-compliance with the requirements of section 105 of the indian succession act. the predominating factors influencing the finding, however, were the ' several decisions of the court' which the learned judge had in mind.34. however be ..... trusts by all the parties other than the first defendant. the trusts were created by a will which was not executed or deposited as required by section 105 of the indian succession act. an attempt was made to show that the properties were devised to charity before the will, but the attempt failed, the court holding that .....
Tag this Judgment!Court : Mumbai
Reported in : 1Ind.Cas.834
..... nature, real or personal, must be absolutely vested in some person, and be alienable within a life in being and twenty-one years after.'113. section 14 of the transfer of property act now enacts this rule as substantive law in india. it is, however, an equally well-established rule of law that this rule against perpetuities does ..... find on the evidence at all, and the finding really never affected the result, as the bequests were void for non-compliance with the requirements of sections 105 of the indian succession act. the predominating factors influencing the finding, however, were the several decisions of the court' which the learned judge had in mind.34. however be it ..... trusts by all the parties other than the first defendant. the trusts were created by a will which was not executed or deposited as required by section 105 of the indian succession act. an attempt was made to show that the properties were devised to charity before the will, bat the attempt failed, the court holding that .....
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