Court : Mumbai
Reported in : 2003BomCR(Cri)1112; 2003(2)MhLj929
..... would in fact be a demand based upon the factum of marriage and would, therefore be 'in connection with the marriage' within the meaning of section 2 of the dowry prohibition act, 1961.15. having said this, i must also place on record that i am alive to the observations of the apex court in the case of satvir singh v. state ..... attracted in any case. this view was taken because as per the explanation to sub-section (1) of section 304-b, the word 'dowry' has the same meaning as in section 2 of the dowry prohibition act, 1961. the learned trial court noted in this connection the judgment of learned single judge of delhi high court in inder sain v. state in ..... not be said to be in connection with the marriage of the parties within the meaning of section 2 of the dowry prohibition act, 1961. it was argued that under the definition of dowry, any property or valuable security was required to be given or agreed to have been given either directly or indirectly, but in the present case the demand .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR2Bom19
..... of a subject. glover, j., there drew attention to the circumstance that there is not in india, as in england and ireland, a magna charta or legislative prohibition of grants by the crown of a several fishery in a navigable river. expressing his opinion that the governing power might, in india, make such a grant, he ..... . nobody, i may here observe, has ever heard in england of such a right being, as property, subjected to probate or succession duty. jurisdiction being given by act viii of 1859, section 5, in actions not brought for land or other immoveable property, to the courts within whose jurisdiction defendants reside, there is not any necessity ..... from getting into their nets, thus causing them considerable pecuniary loss. they, therefore, claim from the respondents rs. 3,000 as damages in respect of such their act, and also pray for a perpetual injunction to restrain the latter from repeating it.2. in their written statement the respondents (defendants below) urge that the court has .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom681
..... sweepstake was also cited--allport v. nutt 1 c.b. 974, but that decision turned on the fact that it was within the prohibition of the lottery acts. in jenks v. turpin l.r. 13 q.b. div. 505 the question, what is a 'common gaming-house?' is ..... contemplated. it was held to be an instrument of betting. there is no law in india which makes wagering and betting unlawful. this act against gaming does not mention those practices. again, there are two other differences between the ease of toilet v. thomas l.r. ..... measuring the rainfall constitutes the betting a game, and that the gauge is itself an instrument of gaming within the meaning of bombay act iv of 1887, section 3,--an enactment which strikes at gaming, but not, in the preamble or elsewhere, at wagering or ..... the way they are used, constitute a game. i think, on another ground, the magistrate's 'orders should be maintained. the act is of a penal-character, and must foe construed strictly no cases can be held to fall within it that do not fall .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR530
..... whatever to advance, looking only to the event that would not be a contentious suit, but could it be said that the alienations did not fall within the prohibitions of section 52? fixing the contentiousness or otherwise for the purpose of section 52 of any suit upon the fact of the defendant having put in a written ..... .' although there might be some theoretical objection to that rough general identification of the doctrines of notice and lis pendens, yet where the parties on both sides were acting in perfect good faith, the proposition might pass without occasioning any serious practical difficulty.20. it is to be observed, however, that the difficulties, such as they ..... transfer the suit had not become contentious.3. the rule of lis pendens in this presidency is statutory and rests on section 52 of the transfer of property act which runs as follows:-during the active prosecution in any court having authority in british india, or established beyond the limits of british india by the governor .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1917Bom211; (1917)19BOMLR300
..... muhit of sarakhshi (1096), the original of which was not before the court.6. the learned judges of the calcutta court recognized and accepted the classification of marriages with prohibited women. in two categories: (1) those which were 'batil' or absolutely void and (2) those which were 'fasid' or only invalid (or irregular). also ..... the play above attributed to it, then it is clear that the incestuousness of the act which brought the child into being would not be the true determinant. in every case of permanently prohibited women it. would. no matter when the act of procreation took place if by reason of consanguinity or affinity the woman was permanently ..... haram to the man, the child born of their union would be illegitimate. an examination of text-book writers old and relatively modern puts it beyond all doubt that in numerous instances of temporary prohibition, all the legal .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1921Bom338; 84Ind.Cas.759
..... you eliminated from the muhammadan law the power a mussalaman has to create a wakf for his own family, and from the english law the prohibition against gifts to superstitious uses, and also the mortmain acts. i think i may accept this as a broad working proposition for the purpose of the present case. indeed in some respects i think ..... that the sole management and general control of the mosque is vested in the mullaji in right of his office as dai. he may also have the right to prohibit his followers from attending any particular mosque, but this i need not decide.92. now on those facts and oh the principles of shiah muhammadan law administered in ..... by the court.' in my judgment that expression is inaccurate and misleading. the court is not appointing the mullaji trustee of anything. it merely declares that his own acts and deeds in the past and also those of, his predecessors constitute him in law a turstee. the mullaji and his predecessors have in various writings described themselves as .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR609
..... had, under the hindu law which was applicable to their family, no power as a widow to make the adoption, and also that any such adoption by her had been prohibited by pundlik. the trial judge came to the conclusion that after the adoption of pandurang the joint family bad separated, and that afterwards, when the contingency for a second ..... high court, to west and buhler's digest of hindu law of inheritance and to steele's summary of the law and custom of hindu inheritance, said: -considering the act of adoption as the performance of a religious duty, we think these authorities are sufficient to justify us in holding that rakhmabai, the elder of the two widows, lad the ..... been and cannot be disputed that mussamat champabai had the authority of her husband, pundlik, if she chose to exercise it, to adopt to him pandurang. that authority she acted upon in adopting pandurang in 1905, but on behalf of namdeo it is contended that pundlik's authority to his wife to adopt a son to him was limited to .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)25BOMLR670
..... predecessors in that office.2. the principal issue tried in india was whether or not the claim was statute-barred, and, relying on article 134 of the first schedule of act no. ix of 1908, the high court gave judgment in favour of the defendants. this was before the decision of their lordships' board in vidya varuthi thirtha v. balusami ayyar .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1126
..... to land in the sonthal parganas, and that being so the parties could not give it the necessary jurisdiction by consent. to do so would be to nullify the express prohibition of section 5 of the sonthal parganas regulation, 1872, which was binding on any court having jurisdiction in the sonthal parganas in the exercise of that jurisdiction. 14. the ..... this suit, a decree for sale of the mortgaged property was the principal relief claimed. in the suit of 1904 a decree under section 90 of the transfer of property act, 1832 (act iv of 1882), was also claimed as a relief, and 'such other reliefs as may under the circumstances of the case ba deemed proper may be granted,' the ..... by his judgment delivered on february 12, 1903, found all the issues in favour of the mortgagees, and made a decree under a, 88 of the transfer of property act, 1882 (act iv of 1882) for payment and for sale in the event of non-payment, from that decree the mortgagors appealed to the high court at calcutta, but at the .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR7; 117Ind.Cas.424
..... and discussed in that case.25. it is impossible wholly to ignore the inference to be drawn from the compulsory-though ostensibly voluntary-abdication of the defendant. no prohibition has been placed on his reentry into indore state and the influence which he so recently enjoyed may still remain.26. i agree that the appeal should be dismissed. ..... by counsel for the appellant is that clause 14 is not intended to violate the rule of international law which makes all legislation territorial. where the language of an act is unambiguous effect must be given to it and it is not the province of the courts to give any other construction to it than that which it clearly ..... the plaintiff not having any reasonable prospect of redress, if she is left to a suit in the indore state. i think the learned judge clearly in those remarks was acting, as he properly could, in an interlocutory matter of this kind, merely on the assumption that the allegations in the plaint were true. i need scarcely add that .....
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