Court : Mumbai
Reported in : (1911)13BOMLR920; 12Ind.Cas.554
..... even later on when the table of fees was settled the question that has now arisen was never present to the minds of the framers of the act and the table. section 33 of the act merely contemplates cases where the wife may not have means sufficient to pay 'all the necessary expenses' of prosecuting or defending a suit for divorce or judicial ..... client costs as necessaries supplied by them to the wife. but even if the contentions of the defendant were to be allowed and it was found that under section 33 of the act and the table of fees the costs to be awarded to a wife in a matrimonial suit are to be limited to one-fifth of the husband's income ..... mr. justice farran, in his judgment, where, after setting out the reason for the continuance of the rule as given in brown and powles on divorce, he says:-section 4 of the succession act (x of 1865) enlarges the possibilities of the wife possessing means to pay her own costs, but (if she does not possess such means) does not do away .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR646
..... think fit.2. the question of stamp duty has been argued as relating to two distinct matters which for the purposes of duty may be dealt with separately under section 5 of act ii of 1899.3. dealing first with the funds resulting from mr. edwardes' appeal we are unable to hold that any previous disposition has been made in writing of ..... instrument recording by way of declaration of trust the terms of the disposition of the fund collected by mr. edwardes. it is thus a settlement according to the definition in section 2 (24) and is chargeable with duty on rs. 1,03,200 at the rate of eight annas per cent.4. turning now to the funds brought in by the .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR661
..... of the property sold, and that when the sale took place, the execution proceedings came to an end. the answer to this contention is that section 90 of the transfer of property act shows that the execution proceedings do not terminate with the sale; if the sale proceeds are insufficient to pay the mortgage debt, the decree-holder has ..... have been complete.'6. this being the case, proceedings for delivery of possession to the auction-purchaser are proceedings in execution of a decree, and fall within the scope of section 47 of the civil procedure code. see madhnsudan das v. gobind a pria chowdhurani, ilr (1899) cal. 34; ram narain sahoo v. bandi pershad ilr (1904) cal. 737; kattayat ..... . that is also the view taken by the madras arid allahabad high courts. see koormayya v. krishnamma naidu ilr (1893) mad. 165, paran singh v. jawahir singh ilr (1884) all. 366, and sujan singh v. him singh ilr (1889) all. 399. if then an application made by a decree-holder to be paid the proceeds of a sale .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR640
..... the whole building taken as a single undivided entity, not one split into parts and sublet in portions.8. the word 'owner', as defined in clause (m) of section 3 of the act, means, when read in reference to any premises, 'the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof, ..... cause overcrowding, is the notice, to abate the same, to be given, under section 379a (1) of the bombay municipal act, iii of 1888, to the owner or to the tenants3. our answer is, the notice must be to the owner.4. to construe properly clause 2 ..... procedure by the second presidency magistrate of bombay.2. the question of law referred arises upon the construction of clauses 1 and 2 of section 379a of the bombay municipal act (iii of 1888) as amended by bombay act v of 1905, and is as follows:-when the owner of a building has let his rooms separately to individual tenants, and these .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR813
..... note that he has transferred to you, his contract with madras railway for 1,500 sleepers 12 x 12 x 7', for which he has contracted with us at under section 170 per ton, landed madras. to this we agree, on condition that you send us by return your cheque for the deposit due, rs. 8,925, all other terms ..... inspection i did so from point of view of passing goods in the ordinary routine of business as fit to be sent out.'the chief justice finds that these men acted honestly according to the best of their skill and judgment. that may be so, but that is not the point. the point is that they never approached the question ..... the right conferred upon the appellants amounted merely to the right to determine by and through the skilled and experienced persons whom they should necessarily employ for the purpose, acting honestly and impartially according to the best of their judgment whether the goods supplied were in conformity with the requirements of the contract under which they were so supplied.9 .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR883; 12Ind.Cas.369
..... because its meaning is quite plain. but if it is necessary to find out the meaning attached to it by the legislature, we may usefully refer to the sections of the transfer of property act, where 'transfer' is pointed out as being either by way of ownership, in which case the transaction amounts to a sale, an out and out assignment, ..... depends upon the main question argued in this case, whether the village in dispute is not an alienated village within the meaning of clause (19) of section 3 of the bombay land revenue code (bom. act v of 1879).2. the word 'alienated' is defined in that code to mean 'transfer, in so far as the rights of government to payment ..... grantee as a lessee, and imposed upon him certain conditions. none of those conditions brings the contract within the definition of the term 'alienated' village, in clause 19 of section 3 of the bombay land revenue code.13. for these reasons we are of opinion that the district judge is right in holding that the plaintiff's claim must fail .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR989; 12Ind.Cas.577
..... such cases that the indian legislature provided a remedy by means of section 539 of the old code of civil procedure (act xiv of 1882), reproduced, with some alteration, in the new code, (act v of 1908), as section 92.3. in the present case, the suit was brought by ..... think fit to grant. all the relief's claimed, except the prayer for possession, fell within the purview of section 539, and to that extent the suit was outside the jurisdiction of the subordinate judge's court, having regard to the law ..... that the provisions of the section are mandatory, not enabling or permissive: tricumdass mulji v. khimji vullabhdass ilr (1892) 16 bom. 626.4. but it ..... apply, and that the suit rightly lay in the subordinate judge's court, as held in lakshmandas parashram v. ganpatrav krishna ilr (1884) 8 bom. 365; vishvanath govind deshmane v. rambhat ilr (1890) 15 bom. 148; kazi hassan v. sagun balkrishna ilr ( .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR860; 12Ind.Cas.271
..... widow of a childless man, keeping unsullied her husband's bed, and persevering in religious observances, shall present his funeral oblation and obtain his entire share.' (the mit ch. ii, section i, pl. 18). pilgrimages are generally made by a widow jwith a view to present her husband's funeral oblations at the sacred place visited and to ensure for his ..... allowed a reasonable latitude in the exercise of her powers, provided, as mr. justice west says in chimnaji govind godbole v. dinkar dhondev godbole ilr (1886)11 bom. 320, she acts fairly to her expectant heirs': venkaji shridhar v. vishnu babaji beri ilr (1893) 18 bom. 534.4. in the present case, the pilgrimage was to pandharpur, and the expenses incurred .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR690; 12Ind.Cas.30
n.g. chandavarkar, j.1. this is a suit brought by the collector of poona under section 539 of the old code of civil procedure (act xiv of 1882), alleging a breach of trust on the part of the trustee of the property ..... answered the question in the negative on the authority of the decisions of this court in lukshmandas parashram v. ganpatrav krishna ilr (1884) 8 bom. 365 vishvanath govind ilr (1890) 15 bom 148 deshmane v. rambhat kazi hassan v. sagun balkrishna ilr (1899 ..... ) 24 bom. 170 that a suit to eject a trespasser from trust property is outside the scope of and reliefs claimable under that section. accordingly the suit was dismissed as against defendant no. 1. on appeal the district court has taken the same view.2. it does ..... him by way of a decree in ejectment. though such a decree does not fall within the reliefs which the court can grant under section 539, it has jurisdiction to determine, for the purposes of the reliefs which can be granted, whether the property is a public trust .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR900
..... fact triable by a jury, to the ordinary court for determination. and it is argued by mr. ratanlal that from the omission of this clause from section 7 of the indian act, it is a legitimate inference that the legislature here intended that the insolvency court alone ought to have jurisdiction to try all questions including those of ..... , and which right the stranger continued to have as against the official assignee, as the legal representative of the insolvent. all that this section provides is that any person aggrieved by any act or decision of the official assignee may appeal to the court, which means that if a person does feel that injustice has been done ..... a suit is the insolvency court in the presidency town. we think that that view is not warranted by the provisions of the act in question.3. section 7 provides :-' subject to the provisions of this act, the court shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, .....
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