Court : Mumbai
Reported in : (1913)15BOMLR975
..... 7, 8 confessed before the third class magistrate but retracted their confessions before the committing magistrate, before the sessions judge all the confessions were retracted.43. section 30 of the evidence act is as follows :-when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting ..... co-accuse d cannot corroborate another. why this argument is advanced is difficult to understand, when one refers to the comment on ill. (b) to section 114 of the evidence act. that commit gives precisely this kind of corroboration as in certain circumstances a sound foundation for belief.12. i should, therefore, confirm the convictions of ..... . queen empress i.l.r. (1884) mad. 579, nothing was done then nor has anything been done thereafter by the legislature to get rid of the effect of the rulings on this point by adding any proviso to that section or by adding appropriate words to section 133 of the evidence act.25. i do not consider it .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom8; (1914)16BOMLR5
..... me, with all becoming deference, to be utterly fallacious. the fact that the executors of such wills need not obtain probate to meet the requirements of section 187 of the succession act, ceases to have any bearing or even relevance upon or to cases, in which they have availed themselves of their option and deliberately invited the judgment ..... of the present defendants. but it is contended that a judgment of a probate court refusing probate does not, having special regard to the language of section 59 of the probate act either take away any legal character of the defeated petitioners, or have the like conclusive effect against, which it would admittedly have had for, them.2 ..... set up the will and claim to be invested under it with all the legal character of executors.4. two questions then arise.1. whether section 41 of the evidence act is not applicable to the judgment of the appellate court and upon a right construction of its terms does not make that judgment conclusive against the present .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom30; (1914)16BOMLR75
..... therefore, overrule the preliminary objection, and hold that a special appeal lies to this court, and that it lies only on the grounds mentioned in section 100 of act v of 1908.5. on the merits the appellant has no case. there is no error of law. the decision of the lower court is based upon an appreciation ..... of 1830 the words 'under the rules provided in chapter xxii, regulation iv of 1827, for the admission of special appeals,') sections 7 and 584 of act x of 1877, sections 7 and 584 of act xiv of 1882 and sections 4 and 100 of act v of 1908, will show that ' special appeal ' contemplated by the regulation corresponds to ' second appeal ' under the code ..... the result. special appeals are practically the same as second appeals. i may add that i have not overlooked the change in the wording of section 4 of the present code as compared with section 7 of act xiv of 1882. but i am clear that it is only another way of expressing the same thing the result is the same. i, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom128(1); (1914)16BOMLR78; 24Ind.Cas.834
..... case fell under clause (a) or (b) or (c) of section 486. i do not think this is so. the magistrate decided that this deception was not innocent and that reasonable precautions had not been taken. i think he was right ..... is urged that the conviction is for counterfeit and that a counterfeit trade-mark is not at all the same thing as a false trade-mark which is defined in section 480. it seems to us, however, that for the purposes of this case false trade-mark and counterfeit trade-mark are the same thing. then it was urged that the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom42; (1914)16BOMLR288; 24Ind.Cas.625
..... injunction can properly be made on interlocutory applications. in england whatever doubts may have existed on this point may be said to have been removed by section 25 of the judicature act, v-and it has long been a common place in the text-books that the courts indubitably have the power to make mandatory injunctions on interlocutory ..... injunction has been will, in no way, be prejudiced erections at our expense in case the discretion of the court. the discretion in the plain-of interfere under section 115 with discretion. the erections a proper case for the exercise. the question raised is one pending upon a principle. the is raised is this the plaintiff 1 ..... byron from thus playing fast and loose with the water supply and it was admitted on affidavits at the hearing of the interlocutory motion that the defendant was acting in this manner with the deliberate intention of extorting money from the plaintiff. thereupon the lord chancellor framed an injunction the effect of which was that lord .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom36(2); (1914)16BOMLR206
..... commission or the instructions which were recorded for the benefit of the commissioner at the time of the issue of commission constituted a preliminary decree within the definition of section 2 of the civil procedure code. this preliminary point found favour with the appellate court and the appeal was accordingly dismissed, because the matters decided by the subordinate judge on ..... case. the question was as to the status of the plaintiff, whether he was entitled to the special rights of the favoured class under the dekkhan agriculturists' relief act in the matter of demanding accounts from the mortgagee. it was a decision with regard to the general right of the plaintiff and the general liability of the ..... basil scott, kt., c.j.1. the plaintiffs sued to have an account taken under the provisions of the dekkhan agriculturists' relief act of all transactions from the commencement in connection with two mortgages of the 20th december 1865 and the 21st december 1865, and to have the amount due .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom55; (1914)16BOMLR236; 24Ind.Cas.730
..... costs costs in the cause.batchelor, j.8. the only question before us is whether the document ex. 67 is a 'composition deed' within the meaning of section 17 of the registration act. the document, after reciting that the family business, which naginbhai had carried on in his life, was 'very extensive and complicated', continues : ' he (naginbhai ..... creditors. under these circumstances we think the chandra lower courts were right in holding that the deed fell within the exemption of clause (e) of section 17 of the registration act. the deed recites that the composition is ' for the benefit of all the creditors and all of them are to derive equal benefit from it.' ..... title plaintiffs to the house in question was not established.3. if the document is a composition deed within the meaning to of the registration act it d as not require registration (see section 17, clause (e) this very document has twice come before the previous litigation, on one occasion before a bench consisting of myself and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom137; (1914)16BOMLR233
..... there was a distinction between an officer of the indian staff corps and an officer of the regular forces. but no reference was made to section 190, sub-section 8, of the army act of 1881, from which it is clear that officers of the indian staff corps or the indian king army are also officers of his ..... first class subordinate judge at poona, transmitted their decree to this court for execution, and applied for rateable distribution between themselves and messrs. king, king & co., under section 73 of the civil procedure code. rs. 2384-2-11 paid to the sheriff as aforesaid have been rateably distributed between the two execution plaintiffs. there is now in the ..... majesty's regular forces. nor king & co. in either of those cases was any reference made to sub-section 2, sub-clause (b), of section 266 of the civil procedure code of 1882. this has been reproduced in section .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom180; (1914)16BOMLR454
..... the remedies.4. we agree with the criticism expressed by the allahabad high court in mewa kuar v. banarsi prasad i.l.r. (1895 all. 533 that the wording of sections 43 and 44 (now order 11, rules 2 and 4) ' is not happy and suggests confusion,' which confusion does not appear to us to be diminished by the addition ..... 1888) 22 q.b.d. 128. if the evidence required to support two claims is different in any material respect the causes of action are different: see brunsden v. humphrey (1884) 22 q.b.d. 128. the rule of the supreme court in england (adopted in order 11, of the civil procedure code) which prohibits with certain exceptions the union in one ..... . 178) but no necessity or reason exists for a separate suit for rent where there has been a forfeiture for non-payment, under the practice established by the judicature acts. and the civil procedure code. both the claim for possession and the claim for rent may be enforced in one suit without any inconsistency. and since they may be enforced they .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom134; (1914)16BOMLR283
Shah, J. 1. Two points of law have been urged in these second appeals, firstly that a full sister is a nearer heir than a son of a separated half-brother according to Hindu law, and secondly that the question of heirship is res judicata in favour of the sisters.2. As regards the first point, the competition is between the full sisters of the deceased Bhagwan and the son of his separated half-brother. The parties are admittedly governed by the Mitakshara and not by the Mayukha. The sister has been recognised as an heir under the Mitakshara by this Court in several cases, and it is beyond dispute that she is an heir under the Mayukha. The dispute really is about the position to be given to her in the list of heirs according to the Mitakshara.3. This identical question has been fully considered and decided in Bhagwan v. Warubaib : (1908)10BOMLR389 . We are bound by this decision, and in spite of an attempt made by the learned pleader for the appellant to question its correctness, I see no...
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