Court : Mumbai
Reported in : (1877)ILR1Bom538
..... in order to test the jurisdiction of a 2nd class subordinate judge, which, as we have seen from the section of the civil courts act above quoted, is subject to a pecuniary limitation, we have to determine definitively what is the 'subject-matter' of the present suit; for, if the assistant judge was right in holding that 'the property involved' is its subject- ..... by section 24 of the bombay civil courts act (xiv of 1869), the jurisdiction of a subordinate judge of the 2nd class is declared to extend 'to all original suits and proceedings of a civil nature wherein the subject-matter does not exceed in amount or value five thousand rupees. ..... it is true the law (vide civil procedure code, section 15) allows the courts, without granting consequential relief, to make binding declarations of title; but it has been held both here and in england (this section 15 is almost a transcript of stat. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR2Bom469
michael westropp, c.j.1. in order to sustain this action, the plaintiffs were bound to show that they themselves had suffered some particular inconvenience by the conduct of the defendants: baroda prasad v. gora chand 3 beng. l.r 295; s.c. 12. cal. w.r., 160 civ. rul:), per peacock, c.j., followed in raj luckhee debia v. chander kant chawdry 14 beng. l.r., 173. the case of jina ranchod v. jodha ghela (l bom; h.c. rep. 1) does not seem to be inconsistent with this. the statement of facts in the report of that case is meagre, but we gather from the argument that some injury to the plaintiff, personally arising from the obstruction complained of, must have been alleged. the plaint in the present case having been read to us, we fail to perceive that any particular injury, resulting to the plaintiffs themselves, is alleged on their behalf; we must, therefore, affirm with costs the decrees of the courts below which rejected their suit.
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom209
..... the 123rd section of the civil procedure code provides that 'written statements shall be brief,... .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom523
..... the only question, therefore, before us is, whether act xxiii of 1871 operates so as to deprive the ordinary civil courts of jurisdiction in a suit brought under such circumstances as present themselves here.4. ..... the objection founded on act xxiii of 1871 to the jurisdiction of the civil court was not made on behalf of the mamlatdar in the court of the assistant judge, and, as we think, ought never to have been made. ..... section 4 lays down that, 'except as hereinafter provided, no civil court shall entertain any suit relating to a pension or grant of money, or land revenue conferred or made by the british or any former government'.13. ..... rather say so much of it as belonged to the satara government) was granted to visaji rav mandlik, the ancestor of the plaintiff, (special appellant), has not now for the first time run the gauntlet of the british civil courts. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom97
..... the civil judge, however, found gopinadha to be of kshatriya class (page 500). .....
Tag this Judgment!Court : Mumbai
Reported in : 1Ind.Cas.1
michael westropp, c.j.1. it seems to us that in this case the commissioner took the right view of the decree, the important part of which is that which directs the taking' of the account. (his lordship, after reading the portion of the decree set out above, proceeded.) we do not perceive upon what principle the account decreed could properly have been limited to six years as it was. however, we are not now re-hearing the cause or reviewing the decree, and, taking it with that limit, we have only to say what is the true construction of that portion of the decree as to credits which i have now read. it is contended on behalf of the defendants that moneys which, assuming the defendants to have been silent at the time of payment as to appropriation, would by law have been appropriated to the satisfaction of the earlier claims of the plaintiff, ought, notwithstanding the general rule of law, under the special language of the decree in this particular case, to be applied in satisfaction of the latter items in the account, those namely, which are comprised within the last six years only of the account. that is, although it is a running account of mutual dealings between the plaintiff and the defendants, the defendants claim to be justified by the terms of the decree in drawing a line across the account, and saying to the plaintiff 'you are not to go behind that line to show any claim against us, but we are entitled to bring from behind that line payments made by us, and apply them .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom7
..... as the government pleader urged at the bar, if this precedence be not allowed to the crown, the issue of prohibitory notices under section 236 of the code of civil procedure, instead of furthering justice, would, in many cases, defeat it by defeating the government's claim for costs altogether.2. ..... the decision of this case turns upon the construction of section 309 of the code of civil procedure. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom10
..... in ordinary civil cases new trials are granted if the court thinks there has been misconduct on the part of the jury; but in such cases the judges have always to bear the leading principle in mind; when they .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom19
michael westropp, c.j.1. the court is of opinion that the district judge was in error in holding the present application to fall within article 166 of schedule ii of act ix of 1871, from which a decree or order on appeal is expressly excepted. that exception is not limited to any particular species of appeal, and this being a limitation act, and, as such, restrictive of the ordinary right to take legal proceedings, it must, where its language is ambiguous, be construed strictly, i.e., in favour of the right to proceed 9 bom. h.c. rep. 111. this case falls rather within article 167 of the same schedule, which allows a period of three years for the execution of a decree or order of any civil court not provided for by article 169 which latter is applicable only to judgments, decrees, or orders at the original jurisdiction side of courts established by royal charters or any order of her majesty in council (see act vi of 1874, section 21). the third column to article 167 shows that decrees or orders made on appeal fall within that article. this court reverses the order of the district judge, and restores that of the subordinate judge, but directs that the parties respectively bear their own costs of this appeal, as this court is of opinion that the appellant has not shown any excuse for his laches in applying for the restoration of his property.
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom45
..... such a condition, we think, could only be imposed by the legislature, which has, in certain cases, imposed somewhat analogous conditions, as for instance in section 206 of the civil procedure code, which provides that 'no adjustment of a decree in part or in whole shall be recognized by the court, unless such adjustment be made through the court or be certified to the court by the person in whose favour the decree has .....
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