Court : Mumbai
Reported in : (1910)12BOMLR1075
..... her, and she, therefore, makes this claim for maintenance against her brothers-in-law and their alienee.2. most of the argument has turned upon section 39 of the transfer of property act. that section, i think, is very unhappily worded as becomes evident upon a consideration of some of the judgments which have been delivered upon it by way of ..... property. the single case upon which all the authorities are clear and definite is the case to which expression has been given in the first part of section 39 of the transfer of property act, and that is the case which, as i have said, is never likely to occur. all the best authorities seem to me to be equally in ..... that of a maintenance-holder if the purchaser-for-value had notice of the claim to maintenance, then the section would go beyond and would conflict with the rule of hindu law. so that by section 2 of the transfer of property act its operation would be excluded where the rights of parties were governed by that law. that is the case .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR30
..... whether the term of this decree deprive the mortgagor of a right to accounts in the present suit.9. for the respondents reliance is placed on navlu v. raghu ilr(1884) 8 bom. 303 and rambhat v. ragho krishna deshpdnde ilr (1892) 16 bom. 656, it being argued that the case of datatraya ravji v. anaji ramchandra (1886) ..... mortgagee 'according to the agreement,' that is, we understand, according to the mortgage agreement, so that this provision also negatives the theory that the decree was intended to act as a foreclosure decree or to extinguish the contractual relation between the parties. this point is made still clearer by the order that the mortgagor should, that is, should ..... decree of the court, and has since remained in possession.2. the defendants denied that the plaintiff was an agriculturist within the meaning of the dekkhan agriculturists' relief act, and claimed that rs. 1,038-4-11 were due on the mortgage, including a sum of rs. 380 which the mortgagee had to pay to prior mortgagees .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR1029
..... referred to.7. but mr. coyaji contends that this reasoning is inapplicable to the present order even on the assumption that it goes beyond the scope of section 44 of the police act. and we think that this contention should be allowed. we think that the order is, under the statute, not an order by an inferior criminal court, ..... with which we have no authority to interfere. whether it is good or bad, it is made, as we have explained, under section 44 of of bombay act iv of 1890, a statute which describes itself as an act ' for the regulation of the district police of the bombay presidency.' it is divided into chapters, and after a preliminary chapter dealing ..... of the criminal procedure code. mr. branson in contending for the affirmative has urged that the order is not such an order as could be made under section 44 of the police act, and that it therefore falls within the reach of our revisional powers. in support of the argument reference is made to the somewhat similar powers conferred on .....
Tag this Judgment!Court : Mumbai
Reported in : 9Ind.Cas.344
..... that motions were frequently brought before this court for no other purpose than obtaining an entirely superfluous direction referring the parties bringing them to a civil suit. section 53, clause (2), of the insolvency act provides that for the purpose of acquiring or retaining possession of the property of an insolvent, the official assignee shall be in the position of a ..... appears to contemplate the decision of disputed questions in a matter of this kind, is sufficiently explained by reference to section 36 of the act, and the effect of reading the section with the rule is, i think, clear. what the act had in view was action taken by the official assignee in the first place to clear his title and thereafter to ..... the english courts, ex parte cochrane in re: mead (1975) 20 l.r. 282 : 44 l.j. 87 : 32 l.t. 508 : 23 w.r. 726; searle v. choat (1884) 25 ch. d. 723 : 53 l.j. ch. 506 : 50 l.t. 470 : 32 w.r. 397, that where the receiver has actually obtained possession of property to which an .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR212
..... ] 2 ch. 522, where the court was only concerned with the1 question whether a word had been 'used as a trade mark' in the sense contemplated in section 10 of the trade marks registration act, 1875. that case has no application here. the fact that the user of a word or mark always uses it in conjunction with his own name is ..... mark in the country of importation, even against the producer of the goods, has been recognised by this court in the unreported case of damodar ruttonsey v. hormusji adarji ilr (1884) mad, 149 and by the madras high court in lavergne v. hooper appeal no, 942 in suit no. 69 of 1895.23. although the word ' berna' originated with the manufacturers ..... outset it is necessary to trace the history of the plaintiffs' firm in relation to the watch factory at st. imier which is now the property of the defendants. in 1884 a watch business, the name of which in 1887 became the west end watch co., was started in bombay by the swiss firm of droz and co. and one charpie .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR82
..... ,3. in their lordships' opinion the only point for determination in this case turns on the meaning to be attached to the words 'annual net profits' in sections 6 and 72 of the act. section 6, so far as it is material for the purposes of this decision, is in these terms:the road cess and the public works cess shall be assessed ..... from mines, quarries, tramways, railways, and other immovable property, ascertained respectively as in this act prescribed. 4. chapter v, which begins with section 72, lays down the procedure for valuation, assessment and levy of cesses on mines, &c.; section 72 is in these terms:--on the commencement of this act in any district, and thereafter before the close of each year, the collector of .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR332
..... trustees under the will of parpia pradhan. if he finds that they are not, he is to ascertain and report the names of two other fit and proper persons to act as trustees, such persons to be members of the cutchi lohana caste or of the saraswat brahmin community.16. further hearing to stand adjourned till the receipt of the commissioner ..... court in england has discussed the same subject very elaborately in in re weir hospital [1910] 2 ch. 124, and i find that the principles on which the courts should act have been re-affirmed and stated again with great clearness.7. in cases of charitable bequests, the court has no right to set aside the wishes of the testator and .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR319
..... estate had been bequeathed. while here that is not so. 3. if these two reasons are not sufficient, a third might be drawn from section 291 of our indian succession act. there it is laid down without qualification that when bequests come into computation for the purpose of abatement, a legacy for life shall be treated ..... the face of it or having regard to the ordinary meaning of the terms employed it should be so but because the illustrations in our indian succession act and the decisions upon sets of facts which give rise to like discussions in england sometimes do appear to refine away the distinction until it becomes barely ..... as though it were a general bequest. i understand that section to be advisedly an amplification of the definition and illustrations of specific bequests contained in section 129. if .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR487
..... estate may be appointed on petition or summons without suit, yet the more usual course is to appoint a guardian of the person and estate without receiver. under the judicature act, 1873, section 25 (8), a receiver may be appointed by an interlocutory order of the court in all cases in which it appears to the court to be just or convenient ..... of those words in that order ousts the jurisdiction of the court. in my opinion to hold otherwise than as i have done would be to render section 12 of the guardians and wards act practically nugatory. if the court can neither order the person having the custody of the property to pay the money into court (order xlix, rule 10) ..... the points of law, which were relied upon as showing that the order of the 19th of november was made without jurisdiction, it was suggested that under section 12 of the guardians and wards act the court had no power to direct that the property in the hands of mr. tejpal and belonging to bai jamnabai should be paid into court. the .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR404
..... was made with kalka bakhsh. he obtained a sanad from the government. his name was entered in lists 1, 4, and 6, prepared under the provisions of section 8 of act i of 1869. and he remained absolute owner of the property until his death.5. kalka bakhsh died on the 14th of october 1893. he had three sons, ..... defendants maintained that the instrument of 1884 was a will and not a settlement, and the appellants changed their attitude. their lordships think that, notwithstanding the conflicting views presented by the appellants in the courts ..... course. as long as the question of the validity of the alleged will of the 4th of october 1893 was undetermined the appellants contended that the instrument of may 1884 was testamentary, while the defendants contended that it was a settlement and not a will. as soon as the alleged will of 1893 was successfully impeached, the .....
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