Court : Mumbai
Reported in : AIR1914Bom154; (1914)16BOMLR467; 25Ind.Cas.241
..... on the evidence (if there be any relevant and material evidence) and the admitted facts whether the company has absolved itself within the meaning of section 72 of the railways act and sections 151 and 152 of the contract act. that must always be a question of fact in each case depending upon the facts of that and no other case, and here, in ..... the waggon top.2. those being in out-line the principal facts, what are the legal rights and liabilities of the parties i do not see that sections 72 and 76 of act ix of 1890 put a railway company sued in respect of goods entrusted to it for carriage in a better position than a common carrier under the old ..... greater obligation towards those with whom it has entered into no contract than towards those with whom it has. and as i understand the terms of sections 151 and 152 of the contract act they would not exclude from the reasoning by which the final conclusion is to be reached just those considerations on which so many english judges have repeatedly .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom138; (1914)16BOMLR446
..... servant to administer an oath in any proceeding before him does not make him a court: for an oath can be administered by a public servant under section 4 of the oaths act.19. the inquiry by a land acquisition collector, as to the value of land and the amount of compensation to be paid for its acquisition, resulting ..... (1912) mad. 72 is an instance in point, for there the madras high court has held that a divisional officer hearing appeals under the income-tax act is a court within the meaning of section 476 of the code.16. the meaning of the term ' court ' is discussed in royal aquarium and summer and winter garden society v. parkinson (1892 ..... them. see, for example, the city of bombay revenue act and the revenue codes of oudh, the united provinces and the punjab (u.p. act ii of 1901, sections 59-62; u.p. act iii of 1901, sections 189 et seq.; oudh act xxii of 1886, section 109; the punjab act xvi of 1887, section 101). speaking generally, revenue questions are removed from the cognizance .....
Tag this Judgment!Court : Mumbai
Reported in : 25Ind.Cas.333
..... them. see, for example, the city of bombay revenue act and the revenue codes of oudh, the united provinces and the punjab (u. p. act ii of 1901, sections 59, 62; u. p. act iii of 1901, sections 189 et seq.; oudh act xxii of 1886, section 109; the punjab act xvi of 1887, section 101). speaking generally, revenue questions are removed from the ..... .r. 45 another bench of this court decided that a 'district judge' determining the validity of elections under section 22 of the district municipalities act (bombay act iii of 1901) is a 'court' within the meaning of clause (b) of section 195 of the criminal procedure code. the reasoning in mr; justice batchelor's judgment in that case is, it seems ..... that if giving false evidence on oath to an income-tax collector is an offence under section 193 of the indian penal code and it is declared to be such an offence as covered by section 37 of the income-tax act, no sanction should be required to prosecute such a person for giving false evidence, whereas .....
Tag this Judgment!Court : Mumbai
Reported in : (1914)16BOMLR544
..... 's case in truth did not raise the question at issue in the present case. it depended upon the construction of section 423 of the criminal law amendment act of 1883 (a new south wales statute). that section set up the judges of the supreme court as a tribunal to determine questions submitted to them in a case stated by ..... that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.' of the ten exceptions under the section three were mentioned. the first exception is in these terms : ' it is not defamation to impute anything which is true concerning any person if it be for the ..... act he would stand within the exception under the indian penal code, and the libel, otherwise unjustified, would be excused by statute. in these circumstances the fullest investigation was permitted to take its course.7. it is now important to see what are the provisions of the penal code which apply to the case.8. 'whoever,' says section .....
Tag this Judgment!Court : Mumbai
Reported in : (1914)16BOMLR824
..... with the land, except as hereinafter provided; but such suits shall be heard and determined by the officers appointed by the lieutenant-governor of bengal under section 2 of the said act xxxvii of 1855, or by the settlement officers hereinafter mentioned, according as the said lieutenant-governor shall from time to time direct.24. then follows a ..... india other than the scheduled districts. but it is provided that it shall come into force in any scheduled district upon the issue of a notification under section 3 of the act with regard to such district. in such case the local government may with the previous sanction of the governor general in council by notification in the ..... applied equally in sonthal parganas. it would seem, however, that the other view has been taken in india: sorbojit roy v. gonesh prosad misser i.l.r. (1884) cal. 761, subsequent legislation has, however, rendered it unnecessary, so far as the decision in this case is concerned, to decide what would be the state of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom254; (1914)16BOMLR571
..... be a permanent tenant of lands in a bhag, sold his permanent tenancy right to the plaintiffs. the collector, after the death of sakhidas, intervened under section 3 of bombay act v of 1862, removed the plaintiffs, and placed the bhagdar, now defendant, in possession. the plaintiffs then brought this suit and the courts below decided against ..... cannot be said that the mere geographical position of the lands held in permanent tenancy before the passing of that act necessarily prevents alienations of such tenancies within either the verbal definition or the spirit of section 3. if the learned judges who first remanded this case were right in contemplating at least the possibility of ..... that on the facts found a permanent tenancy precedent to the passing of the act of 1862 was a right in the permanent tenant not described in section 3 by the words ' any portion of a bhag or share etc.' as we understand that section, its intention was to preserve a certain tenure, called the bhagdari or narwadari .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom124(1); (1914)16BOMLR683
..... proved that a receipt was not given, was the delivery of two bullocks, whereas the section speaks of money. the definition of money, however, in the act itself says that money shall be deemed to include agricultural produce, implements, and stock. under the head of stock it would necessarily include cattle. the ..... of poona has referred this case to us. it seems that a creditor was convicted and sentenced under section 67 of the dekkhan agriculturists' relief act for not giving a receipt as required by section 64. the additional sessions judge was under the impression that section 64 did not apply to the case, because the only payment in respect of which he found it .....
Tag this Judgment!Court : Mumbai
Reported in : (1915)ILR39Bom87
..... only point of law, therefore, upon which we differ is whether in 1883 timmava or the defendants stood next in the reversion. that point mast be referred under section 98 of the civil procedure code.hayward, j.21. plaintiff sued as the adopted son to recover certain property, non-watan and watan, transferred twenty-six years before his ..... husbands' father is the common bond which connects them).' mr. justice hayward has referred to kesserbai v. valab raoji (1879) 4 bom. 188 and nahalchand harakchand v. hemchand (1884) 9 bom. 31. i will only add in support of his conclusion reference to russoobai v. zoolekhabai (1895) 19 bom. 707 and trikam purshottam v. natha daji (1911 ..... of the transfer of the watan property. the brother's widow would, in any case, be excluded from the inheritance by the special provisions of the watan act and the transfer would prima facie be valid as an acceleration or surrender in favour of the next reversioners and not merely of subsequent reversioners. it has, however .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom177; (1914)16BOMLR769
..... sale and resale have been called in question in this litigation, and that we are bound to consider them in view of the very wide terms of section 10a of the dekkhan agriculturists relief act.5. we must, accordingly, allow this appeal and restore the decision of the original court and reverse that of the appeal court. each party to bear his .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom54; (1915)17BOMLR144
..... the same cause of action, and the subsequent suit would have been barred under order ii, rule 2, by reason of the special provisions of section 13 of the dekkhan agriculturists' relief act.9. so that the reply to the questions put to us must, in my opinion, be that the subsequent suit on the prior mortgage was ..... . 273 whether the two mortgages can be said to be independent transaction or transactions 'out of which the suit has arisen' within the meaning of section 13 of the dekkhan agriculturists' relief act. if it had been found as matter of fact that the transactions were transactions 'out of which the suit has arisen,' then they would have ..... . (1910) cal. 589, all proceeded on the assumption that prior mortgagees were in all cases necessary defendants in suits brought by subsequent mortgagees under section 85 of the transfer of property act. but it has since been made clear that they are not necessary defendants and that it is a matter of the choice of the subsequent mortgagees .....
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