Court : Mumbai
Reported in : (1912)14BOMLR710
..... more on his own opinion and less on the views of the assessors. at the same time it is to be observed that he was not prepared to accept and act upon the assessors' opinion as to the guilt of the other accused persons. no doubt the case is rather near the line. but it seems to me that it is ..... narayan g. chandavarkar, kt., acting c.j.1. at the outset what we observe is that the learned sessions judge would have probably acquitted the accused were it not for the opinion of the assessors. .....
Tag this Judgment!Court : Mumbai
Reported in : 16Ind.Cas.325
..... more on his own opinion and less on the views of the assessors. at the same time, it is to be observed that he was not prepared to accept and act upon the assessors' opinion as to the guilt of the other accused persons. no doubt the case is rather near the line. but it seems to me that it is .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR861; 17Ind.Cas.210
..... cases. these are specific provisions and they must be the guide in determining whether, under article 179 of schedule ii to the limitation act, a darkhast is ' in accordance with law.' section 235 clause (j) requires the application for execution to state 'the mode in which the assistance of the code is required.' the ..... last words of the clause ' as the nature of the relief sought may require ' show that even if the application seek relief not strictly claimable, yet the application would not be bad in itself. in the present code (act ..... examination of the merits and surrounding circumstances of the darkhast. that is going outside the darkhast, whereas all that the law (article 179 of the limitation act) requires the court to see for the purposes of limitation is whether the darkhast itself, whatever its merits on the evidence, is an application made in .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)ILR37Bom42
..... in what cases. these are specific provisions and they must be the guide in determining whether, under article 179 of schedule ii to the limitation act, a darkhast is 'in accordance with law.' section 235 clause (j) requires the application for execution to state 'the mode in which the assistance of the code is required.' the last ..... words of the clause 'as the nature of the relief sought may require' show that even if the application seek relief not strictly claimable, yet the application would not be bad in itself, in the present code (act ..... batchelor, j.12. the question before us is whether limitation in this case is saved by certain previous darkhasts under clause 4 of article 179 of the limitation act (act xv of 1877). that clause provides a period of three years from the date of applying in accordance with law to the proper court for execution. the .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR1007; 17Ind.Cas.696
..... the said writing of adjustment pointing out, as was the fact, that the plaintiff's attorneys in tendering the said document in evidence were to their own knowledge acting in direct violation of the specific are rangemen' aforesaid which was embodied in the said consent order of reference and that the said arrangement was the basis and a ..... who represented the defendant before the umpire retired from the reference alleging that gross breach of faith was committed on the plaintiff's part and that the umpire had acted in direct contravention of the order of the court and intimated that his client was no longer willing to proceed with the reference and revoked the umpire's ..... that the award should be set aside. such an order, i feel, would be but a bare act of justice to the defendant. i accordingly set aside the award and make an order superseding the arbitration. strangely enough neither section 104 nor order xliii permit an appeal against an order setting aside an award but it has been held .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR1020; 17Ind.Cas.722
..... doubt of the correctness of mr. dastur's contention on behalf of the plaintiff that he is not compelled to invoke the aid either of section 19 of the limitation act, or section 25 of the indian contract act, but that if the sums of money shown in exts. e and k were actually debts due to him (whether time-barred or not) ..... that is to say, analysis reveals that what has been done between the parties is something more than a mere agreement to pay in future (which is what section 25 of the contract act sanctions in the case of an otherwise time-barred debt). by the deposit of title-deeds as security for debt whether time barred or not, the equitable mortgagor ..... time-barred at the time putlibai acknowledged it in laxman's book, ex. k. so that even were putlibai at that time authorised to sign for parvatibai, section 19 of the limitation act could not help the plaintiff. nor can the acknowledgment of this debt, time-barred at the time it was so acknowledged, be an agreement within the meaning of .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR941; 17Ind.Cas.665
..... in wrongful possession of the trust property. the extent and meaning of this section are well explained in lakshmandas parashram v. ganpatrav krishna ilr (1884) 8 bom. 365; strinivasa ayyangar v. strinivasa swami ilr (1892) mad. 31, and budree das mukim v. chooni lall johurry ilr ..... recover property belonging to the trust which has gone wrongfully into the possession of defendants who are strangers to the trust. to such a suit as this' section 92 has no application : it is a suit, not by persons interested in the trust against defaulting trustees, but by the trustees against outsiders alleged to be ..... (1906) 33 cal. 789. and these decisions show that the present suit is outside the scope of section 92.2. it is faintly suggested by mr. .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR943; 17Ind.Cas.670
..... it is his status, therefore, which alone has to be considered.4. a further argument upon this point was endeavoured to be extracted from section 25 of the act. mr. kelkar relying on that section has contended that even assuming that the real plaintiff is the ward gopalrao, he cannot be considered an agriculturist for the purpose of the dekkhan agriculturists ..... to assume the superintendence of it.3. the reason why this suit is brought in the name of the court of wards is explained by section 32 of the act which lays down that in such a case as this ' the court of wards having the superintendence of the government ward's property, shall be named as ..... however, that the court of wards bears no resemblance to the assignee in the case put. as appears quite clear from the court of wards act (bom. act i of 1905) passim, and especially from sections 2, 4 and 32 thereof, the property remains the property of the ward, and the only manner in which the court of wards intervenes is .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR947; 17Ind.Cas.676
..... court and there can, we think, be no doubt that the collector as a court, under the mamlatdar's courts act, is subordinate to the high court.5. reference has been made to section 3 of the civil procedure code in which certain courts are stated to be subordinate to the high court, but that does not ..... interfere with the order of the collector so made.3. the mamlatdar's courts act, however, expressly constitutes the collector (taking proceedings under that act) a court, and it has been ruled in the collector of thana v. bhaskar mahadev sheth ilr (1884) 8 bom. 264 that the collector when exercising judicial functions is subject to the ..... superintendence and control of the high court.4. section 115 of the civil procedure code authorizes the high court .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR876; 17Ind.Cas.534
..... the only question which arises, therefore, is whether wadhwan civil station is within the presidency of bombay or hot. the abkari act extends to the whole of the presidency of bombay (see section i); and by the bombay general clauses act (bom. act i of 1904) ' presidency of bombay ' means the territories within british india for the time being under the administration of ..... the governor of bombay in council-' british india ' is by the same act defined to mean all territories and places within his ..... batchelor, j.1. in this case the accused was charged under section 43 of the bombay abkari act (bom. act v of 1878), with importing an intoxicating drug into the presidency of bombay. the fact proved is that the accused brought twenty tolas of bhang from wadhwan civil .....
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