Court : Mumbai
Reported in : (1877)ILR1Bom97
..... of her husband to contract a second marriage without his consent, was invalid, and the remarriage punishable, as regarded the woman, under section 494 of the penal code; and the act of the man, who contracted the marriage and had sexual intercourse with her was held to be punishable, as adultery, under section 497 of the same code: reg. v. karsan ..... the custom, which undoubtedly extensively prevails among castes belonging to the sudra class, and has, for a long time previously to act xv of 1856 [which relates to widows only (the words 'with certain exceptions' in the preamble of that act should be noted)] existed in this presidency, of the remarriage of wives and widows. such remarriage amongst mahrattas is called pat .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom52
..... was, however, allowed to continue his journey. at balsar the plaintiff repeated his attempt to obtain a ticket, but was again refused. however, he was allowed by the guard to proceed with the train, and did so until it arrived at dhandu. this conduct on the part of the railway officials at intermediate stations, if indeed it amounted ..... producing and delivering it up as required.' lastly, it was urged that there was no fraudulent intention. now, a fraudulent intention is doubtless by section 3 of act xviii of 1854 made an essential condition of travelling on a railway without payment of the fare being dealt with as an offence; but the absence of such intention ..... , the defendants were, we cannot doubt, justified in removing the plaintiff' from the train. it was contended, however, for the plaintiff' that, although section 2 of act xxv of 1871 makes it unlawful for a passenger to enter a carriage without having first paid his fare and obtained a ticket, still that such prohibition must be read .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom561
..... and there is no evidence of the payment, except the entries in the accounts, which alone are not sufficient to charge the plaintiff' with liability (section 34, indian evidence act). nor, even if the money was really paid, would the plaintiff be liable to account for it: for the payment was made to the plaintiff while he was living ..... the law. they are his; and he has independent power over them, if such it can be called, seeing that he can dispose of them only for imperious acts of duty and purposes warranted by texts of law; while the disposal of the land, whencesoever derived, must be in general subject to their control; thus in effect ..... settled point, that property in the paternal or ancestral estate is by birth, [although] the father have independent power in the disposal of effects other than immoveables, for indispensable acts of duty and for purposes proscribed by text of law, as gifts through affection, support of the family, relief from distress, and so forth'. and again in para. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR2Bom19
..... exercised, i may refer to 59 geo. iii, c. 38, section 2, affirming the right of british subjects to fish and dry fish within three miles of the coast of british america; to acts relating to the customs 3 and 4 w. iv, c. 53, section 2; 16 and 17 vic., c, 107, section 212; and the foreign enlistment ..... understanding, be extended to three miles, but that rests upon different principles, viz., that their own subjects shall not be disturbed in their fishing, and particularly in their coasting trade and communications between place and place during war,' etc. to much the same effect are the observations of bynkershoek in the 4th chapter of his treatise de dominio maris ..... , 14; and the merchant shipping act, 17 and 18 vic., c. 104, section 527. speaking of the three-mile belt, with reference to the right of fishing, lord wensleydale in gammel v. the commissioners of woods and forests 3 macq. 465, said that it, 'by the acknowledged law of nations, belongs to the coast of the country--that which is .....
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom148
..... decision has ascertained or created a legal right (see per lord selbonre in lockyer v. ferriman, l.r. 2 app. 519 which must afterwards be guarded in the unfolding and outgrowth of all its regular consequences. if this were not so, indeed, the right and the relation must wholly fail with the ..... legislature would justify without express words a construction against the infliction of solitary confinement for particular crimes committed before the passing of the prohibiting act. but an act abolishing whipping as a punishment for petty theft would not make illegal the infliction, after it had passed, of a sentence of whipping pronounced ..... lastly, we respectfully regard the legislature as keeping steadily within its view the law, which, considerately and justly, it has prescribed in the general clauses act for the interpretation of repealing enactments passed by itself, whereby proceedings, founded on costly decrees, and commenced before the repealing statute becomes law--proceedings themselves .....
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom457
..... observations, were these: ricket was the occupier of a public house situated by the side of a public footway. a company obtained powers under certain acts of parliament (with which the lands clauses act and the railway clauses act were declared to be incorporated) to make a railway. the company, in carrying these powers into execution, obstructed streets leading to this footway so ..... business was too remote to sustain a civil action, and, further, did not come within the purview of the 68th section of the land clauses act, or the 6th or 16th sections of the railway clauses act. the grounds upon which that case was decided, were very clearly stated in the exchequer chamber by erle, c.j. 5 b. & 8. 160 thus .....
Tag this Judgment!Court : Mumbai
Reported in : (1883)ILR7Bom42
..... 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 the ..... of policemen who know the people of bombay is obviously valuable, and the magistrate himself must look to the surrounding circumstances and form his own conclusions, whether the acts committed were reasonably likely to lead to a breach of the peace. knowing, as we do, the different classes who live in bombay, their feelings and the ..... , us by section 147 of the high court's criminal procedure code (x of. 1875), no appeal being allowed by law: see sections 167 and 180 of the presidency magistrates act (iv of 1877). the accused appear to have been convicted under two sections of the penal code (sections 151 and 188), apparently, therefore, of two separate offences, .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom1
..... am bound to consider. it was argued that this suit against them is barred by limitation, under article 19 of the second schedule read with section 22 of the act. article 19 says that a suit for compensation for false imprisonment is barred after the lapse of one year from the time the imprisonment ended. the imprisonment in this ..... best possible evidence, in the certificate of the proper officer, the foundation and condition of his request for a warrant. indeed, i fail to see how he could have acted more regularly. the error was wholly and entirely the error of the officers of the court. but the imprisonment took place under a warrant of the court issued in the ..... for spencer and sadanand esoba showed cause.- as regards my clients, whom the plaintiff for the first time by this summons seeks to make defendants, the suit if barred- limitation act xv of 1877, section 22, and schedule ii, articles 19 and 22. the arrest took place on 27th june, 1883, and this summons is dated the 5th. july, 1884 .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom373
..... of the money raised upon them.4. thus the charge against the defendants is a two-fold one, including misconduct as well as negligence : misconduct in acting ultra vires and with bad faith : negligence in not exercising ordinary prudence in the discharge of the duties they had undertaken as directors5. the defendants replied to ..... respect of these payments, and. sakerchand does the same as regards similar payments. the representatives of sakerchand and gellabhoy puddumsey deny that they in any way acted under the influence of kessowji naik. thus the defendants repudiate the charts both of misconduct and negligence.6. before i consider what is the law with regard ..... the articles of association, giving power to nursey kessowji to appoint bankers to the company, would not, i think, authorize the appointment of his own firm to act as bankers.' even if their error, though improper and prabably ultra vires, was not sufficient alone to throw upon the directors any pencuniary liability, it certainly .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom483
..... general prosperity under the influences of good administration.3. this principle, on which the case depends, is enunciated in section 8 of bombay act, ii of 1876, which on this point re-enacts section 3 of regulation xvii of 1827. it is as follows: 'when there is ..... rent-rolls put in (e.g., 1816 to 1836), the land is also described as foras. but after the passing of the foras land act, 1851, the description changes. thus in the bill for 1868 and 1869 it is 'described as toka foras, and in that for 1879 ..... plan annexed. in the second place, it only applies to the lands contained in a map of plan annexed to the act. the lands in question in the present suit were not included in that plan. it is doubtful whether even they are lands of ..... they are not salt batty lands. they were not, at any rate, included expressly in the foras land act. nor do i think they are included by implication. the act merely waives certain rights of government in respect 6f certain specified lands, and it cannot, in my opinion .....
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