Court : Mumbai
Reported in : (1929)31BOMLR756
..... courts and the high court, or to apportion blame; but will address themselves at once to the question of jurisdiction. this question arises under the madras estates land act, 1903. by section 189 of this act exclusive jurisdiction is given to the revenue courts to entertain all suits set out in schedule a, which includes a suit to eject a ryot. this, by ..... p.c document was admissible as evidence of the terms of the lost original, the document is over thirty years old and is produced from proper custody. by section 90 of the indian evidence act of 1872 the court may therefore presume the signature authenticating the copy to be genuine. the statement to which the signatures are appended, viz., that the document .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR1052
..... ground. further, as pointed out in mahadev oanesh v. secretary of state for india i.l.r(1921). 46 bom. 732 :-a customs officer acting under section 182 of the sea customs act, 1878 should proceed according to general principles, which are not necessarily legal principles, and is not bound to adjudicate on confiscation and penalty as if ..... a particular resolution depriving the general of his position as head of the army.3. naturally then when one comes to criminal or quasi-criminal cases involving penalties, that applies all the more strictly. here the appellant was found guilty by ..... notice of the charge and given an opportunity of meeting it, one recent instance of this is the salvation army case in the chancery division where mr. justice eve directed that the council of the salvation army should give an opportunity to general booth of being heard in support of his case before the council actually passed .....
Tag this Judgment!Court : Mumbai
Reported in : 122Ind.Cas.51
..... of state for india 66 i.c 872 : 46 b. 732 : 24 bom. l.r. 245 : a.i.r. 1922 bom. 30:a customs officer acting under section 182 of the sea customs act, 1878, should proceed according to general principles, which are not necessarily legal principles, and is not bound to adjudicate on confiscation and penalty as if the matter ..... particular resolution depriving the general of his position as head of the army.3. naturally then when one comes to criminal or quasi-criminal cases involving penalties, that applies all the more strictly. here the appellant was found guilty by the ..... given notice of the charge and given an opportunity of meeting it. one recent instance of this is the salvation army case in the chancery division where mr. justice eve directed that the council of the salvation army should give an opportunity to general booth of being heard in support of his case before the council actually passed a .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR17
..... whatever in the personal law of the parties forbidding them to marry each other, no assistance can, in my judgment, be derived by the appellants from section 88 of the act. the act itself was not concerned with any thing but the form of solemnisation. this is clear from the preamble : '' whereas it is expedient to consolidate and ..... appellants could derive assistance.24. the sole point, therefore, on which any doubt can be entertained is that which arises under section 88 of the act. the section runs as follows :-nothing is this act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to eater ..... ordinarily an application for restitution of conjugal rights, whore- the parties are christians, is made on the matrimonial side by a petition under section 32 of the indian divorce act. that was an act to amend the law relating to divorce and matrimonial causes in india, the preamble of which recites that it is expedient to amend the .....
Tag this Judgment!Court : Mumbai
Reported in : 124Ind.Cas.776
..... in the personal law of the parties forbidding them to marry each other, no assistance can, in my judgment, be derived by the appellants from section 88 of the act. the act itself was not concerned with anything but the form of solemnisation. this is clear from the preamble: ' whereas it is expedient to consolidate and amend ..... appellants could derive assistance.28. the sole point, therefore, on which any doubt can be entertained is that which arises under section 88 of the act. the section runs as follows:nothing in this act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter ..... is expedient to amend the law relating to the divorce of persons professing christian religion, and to confer upon certain courts jurisdiction in matters matrimonial. section 4 of the act lays down that the jurisdiction now exercised by the high courts in all cases, suits and matters matrimonial shall be exercised by such courts 'subject .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR1613
..... think, in the argument that the military might not be willing to come to their aid unless the ordinary laws and tribunals were abolished. no section of the army act or any other act has been cited to us to show that the military in india occupy in this respect a position different from that of his majesty's military forces ..... to the ordinance, the first question to be determined is whether it was validly made in exercise of the powers conferred upon the governor general by section 72 of the government of india act. that section, subject to certain restrictions which do not in this matter arise, authorises the governor general 'in case of emergency ' to make ordinances for the ..... the declaration of martial law on may 12 was justified, and for this reason. on may 15 the governor general at simla issued an ordinance under section 72 of the act reciting that an emergency had arisen in sholapur which made it necessary to provide for the proclamation of martial law in the town of sholapur and its .....
Tag this Judgment!Court : Mumbai
Reported in : 129Ind.Cas.596
..... , in the argument that the military might not be willing to come to their aid unless the ordinary laws and tribunals were abolished. no section of the army act or any other act has been cited to us to show that the military in india occupy in this respect a position different from that of his majesty's military ..... to the ordinance, the first question to be determined is whether it was validly made in exercise of the powers conferred upon the governor-general by section 72, government of india act. that section, subject to certain restrictions which do not in this matter arise, authorizes the governor-general 'in case of emergency' to make ordinances for the ..... justice, and have little to add. unlike legislation in india, the validity of statutes of parliament cannot be questioned in the courts of british india, section 72, government of india act, empowers the governor-general to pass such ordinances in cases of emergency. it is argued for the petitioners that the omission of any word is such .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR1222
..... the relief claimed was confined to enforcing the mortgage and not recovering a personal judgment against the defendants, and he relied on certain cases which deal with the effect of section 214 of the indian succession act. but in my opinion if the representatives of the deceased mortgagee are necessary parties at all, then the case is governed by ..... section 212 or 213, and not by section 214, of the indian succession act. if the deceased mortgagee left no will then it seems to me the case is governed by section 212 which provides that no right to any part of the property of a person who .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR1351
..... the court, but) in my view the plain intention of the notification was to apply to bangalore the act as a whole, and it would require very strong grounds to come to the conclusion that any clause or section not specially modified in the notification was not to be applied. 11. holding that there were no such ..... been considerably narrowed by legislation, proceeded to hold that the saving-clause to section 59 of the transfer of property act, which exempts from the operation of that section mortgages effected by deposit of title deeds in madras and the other places mentioned in the section, was not in force in the civil and military station, as the notification ..... had only applied the transfer of property act so far as applicable, and, in his opinion, the saving clause was inapplicable. he accordingly dismissed the suit.10. the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom130; (1932)34BOMLR92; 137Ind.Cas.881
..... and duration as to justify the presumption of a grant or other legal origin of the plaintiff's right, independent of the provisions of section 26 of the indian limitation act, 1908, or of the indian easements act, 1882, section 15 ?21. the question, then, is, whether, if the issues had been framed as they ought to have been framed, ..... in favour of the defendant, on the second of the issues above ?22. in considering this question, one must be careful that the proviso to section 15 of the indian easements act is not entirely nullified. this would happen if no heed were paid to the question whether or not the period, during which the easement had been ..... koer v. syed abdul hossein their lordships were considering, not section 15 of the indian easements act, but section 27 of the indian limitation act, ix of 1871, which is similar in terms to section 26 of the acts of 1877 and 1908, and also to section 15 of the indian easements act.7. i shall presently refer to the argument that (because .....
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