Court : Mumbai
Reported in : (1912)14BOMLR532
..... the hundis drawn by defendant 4 were not honoured on presentation. it is admitted that the first defendants were not sellers within the meaning of section 99 of the contract act, but that act is not exhaustive and cannot deprive the first defendants of any rights which they had at common law. in the great indian peninsula railway company v ..... that chapter but it cannot be argued from that circumstance that the legislature has definitely enacted that railway receipts are instruments of title within the meaning of section 103 of the indian contract act.30. if that was the case sargent c. j. would have said in the last paragraph of his judgment that all that was required to ..... is decided in favour of the first defendants to consider next whether the first defendants are bound to satisfy the claim of the second defendants under section 103 of the indian contract act before they can get possession of the goods.15. on the first question the first defendants claim that they had a right to stop the .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR280
..... intending mortgagee would take. if gajadhur mahto had, before bringing his suit of the 16th of september 1888, and in order to ascertain who would be under section 85 of the transfer of property act, 1882, the necessary parties to his suit, taken the ordinary precaution of searching that register, he would also have found that the 5 annas 4 pies ..... comprised in the mortgages of the is that of december 1879, the 3131 of december 1880, and the 20th of december 1883, and consequently were under section 85 of the transfer of property act, 1882, necessary parties to the suits for sale on those mortgages and were made defendants to those suits and not having set up in those suits such ..... question to ask in the interests of justice, equity, and good conscience, is, what was the intention of the party paying off the charge what this board said in 1884 as to the art of conveyancing in india, and the practice in such cases, is true as to the art of conveyancing and the practice in such cases at the .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR395
..... of this court in govind sitarcm v, bapuji mahadeo ilr (1893) 18 bom. 516, where sargent c. j. held that the duty of the collector as determined by section 67 of the vatan act was confined to specifying the names of the heads of families and the proportionate part held by each head, but that he was in no way concerned with ..... mr. desai that the civil court has jurisdiction to entertain the suit because what is asked by the plaintiff is not any relief which would be prohibited by section 67 of the vatan act, but a mere declaration that he is a member of sambhu's branch, and that as such he has a two-thirds share in the vatan belonging to ..... first sight seem to be in conflict with a prior decision of this court to which sargent c. j. was also a party, viz., balkrishna chimnaji v. balaji ramchandra ilr (1884) 9 bom. 25. but a close examination of both the cases satisfies us that there is no conflict. what the plaintiff in the latter case sought was a declaration of .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR400
..... the property of the heir arises and that ' heritage is in all cases obstructed and never otherwise': (viramitrodaya, sarcar's edn., ch. i, section 22, page 13). this contrast between unobstructed and obstructed succession is further brought out by vijnaneshwara in other portions of the mitakshara. for instance, in ..... finding, vijnaneshwara in the mitakshara brings out the contrast between inheritance and partition. he says : ' unobstructed heritage is here denominated ' inheritance, rikhta' (ch. i, section i, pi. 13). and he then states of partition : ' partition intends heritage subject to obstruction.' explaining these definitions given by vijnaneshwara, the viramitrodaya points out accordingly ..... property is obstructed succession. the vyavahara mayukha discusses the question and upholds the view of the mitakshara. the passage in the mayukha (ch. iv, section 1, pi. 3, stokes) is as follows :-according to dhareshvara acharya, 'the ownership of sons and the rest, in the wealth of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR147
..... the doing of that thing.' it will be seen that there are two requisites, first, the engaging with another, and, secondly, the doing of some act in pursuance of the conspiracy. further, under explanation 4 to section 108 of the indian penal code, the accused, who abetted ambalal in abetting somnath to forge, is punishable as an abettor of the forgery. now ..... of the indian penal code applies, and each of the conspirators is liable for any or all of the acts of the others done in pursuance of the common intention. it is urged that this section provides only for liability to punishment, not for subjection to another jurisdiction; but it appears to me that the authorities show otherwise. rex. v. brisac and .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR220
..... property was absolute, and that she had full power to dispose of it. in support of that argument reliance was placed on the concluding words of the second paragraph of section 11, chapter 2, of the mitakshara above dealt with, viz., 'also property which she may have acquired by inheritance.' their lordships, however, rejected the view that ..... are denominated by manu and the rest,' woman's property.8. this reference to manu is not borne out by the quotation from that authority given in paragraph 4 (section 11). manu is there cited as making the same classification of the different kinds of u woman's property ' as that above given by yajnyavalkya, and saying that ..... her on her husband's marriage to another wife, as also any other [separate acquisition] is denominated a woman's property. 7. in paragraph 2 of the same section, vijnanesvara repeats in substance the six-fold classification given in paragraph i, and then in place of the general words ' as also any other' he substitutes a further .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR617
..... tests, which have to be applied in order to ascertain whether the transaction was really a wager, and known to be a wager, by both the parties to it who acted upon that knowledge with no intention of treating it as anything but a wager, yield a result, i think, unfavourable to the defendant. many cases do present very great difficulties .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR634
..... in these words with _ the english rule above referred to.5. mr. rao referred us to section 91 of the indian trusts act which is as follows :-where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance ..... it appears to us that under the law in india the same principle must hold good. it is to be observed that in clause (b) of section 27 of the specific relief act the words are:-'except a transferee for value who has paid his money in good faith and without notice of the original contract.' there is nothing inconsistent ..... and 4, laid great stress upon the fact of registration, but, in our opinion, that point does not avail him : see chunder kant roy v. krishna sunder roy ilr (1884) cal. 710. the head-note of that case is as follows:-' where a bona fide contract, whether oral or written, is made for the sale of property, and a .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR367
..... opinion, not materially or substantially altered.10. the accused appealed to the high court.batchelor, j.11. the appellant in this case, chhotalal babar, has been convicted under sections 467 and 109 of the indian pencil code of the abetment of the forgery of a valuable security, namely, a khata. the allegation is that employing the services of ..... the persons charged was acquitted, the other person must also be acquitted.9. this contention was not accepted by the learned judge. he convicted chhotalal of the offence under sections 467 and 109 of the indian penal code, and sentenced him to suffer simple imprisonment for six months and to pay a fine of rs. 10.00. the ..... conspiracy, there must be & combining together of two or more persons in the conspiracy, and an act or illegal omission must take place in pursuance of that conspiracy and in order to the doing of that thing. vide second clause to section 107 of the indian penal code. and in the present case the substance of the charge was .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR436
..... of 1879), having been declared to be incompetent to manage her property, and her estate is in the charge of the court of wards. section 40 of the act which defines the general duty of managers appointed by the court of wards provides that he ' shall manage the property committed to him diligently and faithfully for ..... the benefit of the proprietor, and shall in every respect act to the best of his judgment for the ward's interest as if the property were his own.'12. the mussulman law insists that the first formality technical beng. ..... as manager of the plaintiff's estate, was competent, independently of the provisions of section 40 of the court of wards act, to observe the formalities on her behalf. the section, however, which defines his duties appears to their lordships to fully clothe him with authority to act as he did; the validity of his action, therefore, did not depend on its .....
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