Court : Mumbai
Reported in : AIR1915Bom255; (1915)17BOMLR712; 30Ind.Cas.918
..... declaration contrary thereto is at variance with reason. for, another author says, 'the body of the law, like grammar, for the most part, is based on usage '' in chap. iv, section 9, paras 2 and 3 of that work. this has also been pointed out by west and buhler, vol. ii, bk. 2, para 7a(1)(c). it seems to me ..... benefits on the common ancestor ought to take equal shares...and again in another passage:-at the first partial division, allotments due to the other coparceners were determined by an act of the mind for the purpose of computing the shares which were allotted to those who desired to separate, and in the same manner the allotments made at the first ..... the time of the institution of the suit, all the parties involved in this litigation have agreed in regarding the plaintiff as entitled to a 1/3rd share and in acting on that belief. i mention this not by way of suggesting that the appellants are in any way estopped by such conduct, but as indicating that the view which we .....
Tag this Judgment!Court : Mumbai
Reported in : (1915)17BOMLR799
..... so-called experts. as to the latter, mr. f.e. dinshah and mr. inverarity, for example, i entertain considerable doubt whether it is relevant at all under section 48 of the indian evidence act. certainly, in the case of mr. dinshah, even if it be relevant, it can be of little or no value. doubtless, in questions of this kind, ..... advising professionally of the existence or otherwise of such a right or custom as was in controversy. but i doubt very much whether that was intended by the framers of section 48. in truth, what has actually happened probably is that mr. inverarity's advice through out the long period of his professional activities has done much more than ..... to stricter examination when the case was over.64. after the above analysis i cannot say that i think any of this record of previous depositions is relevant under section 32, clause 3. i do not find in these depositions per se any declarations against the interest of the makers. nor do i think that these depositions of men .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom209; (1915)17BOMLR762; 30Ind.Cas.864
..... , that, as a sleeping partner, of whose existence no indication was given by the name of the firm, he would not fall within the scope of section 264 of the indian contract act; and so advised he framed and limited his defence. coming to trial, i suppose, after the usual consultations, his legal advisers probably thought that defence was ..... english law in respect to dormant partners. that rule is founded on very good reasons and is specially referable to the principles of estoppel, but section 264 of the indian contract act has been conceived in a much wider spirit and has a much wider scope. where its language is perfectly plain and covers every case quite irrespective ..... well, the firm makes its profits and all the partners come in for a share of these profits. now, this is precisely the evil which section 264 of the indian contract act is intended to correct. i can see no advantage whatever in excluding from its operation cases which might be excluded in england from the general principles .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom229; (1915)17BOMLR928
..... are, we think, apt to the circumstances of the present appeal where the mortgage, if we are right in regarding it as a mortgage, falls under section 58(c) of the transfer of property act, being a mortgage by conditional sale. in other words, the transaction was ex facie a sale, and a deed of sale would clearly be an ..... still entitled to repurchase. the object of the suit, therefore, seems to be on the plaintiffs' part to obtain a decree for redemption under the dekkhan agriculturists' relief act which would enable them to open their accounts with their creditors from the beginning, and it is this reopening of the accounts which the defendants resist.4. the question of ..... the plaintiffs to redeem the property on payment to the defendants of any sum that might be found due to them on accounts taken under the dekkhan agriculturists' relief act.2. the question, which has divided the learned judges below, was whether the transaction of the 14th august 1902 was an out and out sale or a mortgage .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom269; (1915)17BOMLR1097
..... . that jurisdiction is derived from regulation ii of 1827 which empowered the sadar diwanee adalut to exercise general superintendence over all subordinate courts. by section 9 of the high court's act the jurisdiction thus originally granted to the sadar diwanee adalut was transferred to the high court when that court was constituted in 1861. it is ..... reaches its end. that being so, i think that, consistently with the ruling in motilal v. nana, we ought to hold that this application is competent under section 115.5. i think also that mr. rao's alternative contention must be conceded that the application is in any event within the extraordinary jurisdiction vested in this court ..... 293, in re nizam of hyderabad i.l.r. (1886) mad. 256 and farid ahmad v. dulari bibi i.l.r. (1884) all. 233, where the courts have held that there is no jurisdiction under section 115 to revise an interlocutory order when there is an appeal from the final decree thereafter to be passed. these allahabad cases, were, .....
Tag this Judgment!Court : Mumbai
Reported in : 31Ind.Cas.361
..... not governed by sub-section (1) of section 403.3. in my opinion, the case falls under section 235, sub-section (1) of the code, and if that is so, then admittedly under sub-section (2) of section 403, the accused's plea is unsustainable by virtue of the provisions of sub-section (2) of section 403. the series of acts beginning with the forgery ..... amount to theft, or to receiving stolen property, or to criminal breach of trust, or to cheating. section 237 merely carries on the procedure applicable to cases provided for by section 236. it appears to me that the facts of the present ..... which he might have been convicted under section 237. now, sections 236 and 237 contemplate the case where it is doubtful upon the facts, which can be proved, which of several offences will be constituted by those facts. in illustration (a) is put the case where a person is accused of an act which, upon the facts provable, may .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom203; (1915)17BOMLR881
..... not governed by sub-section (1) of section 403.3. in my opinion the case falls under section 235, sub-section (1) of the code, and if that is so, then admittedly under sub-section (2) of section 403 the accused's plea is unsustainable by virtue of the provisions of sub-section (2) of section 403. the series of acts beginning with the forgery ..... amount to theft, or to receiving stolen property, or to criminal breach of trust, or to cheating section 237 merely carries on the procedure applicable to cases provided for by section 236. it appears to me that the facts of the present ..... which he might have been convicted under section 237. now, sections 236 and 237 contemplate the case where it is doubtful, upon the facts, which can be proved, which of several offences will be constituted by those facts. in illustration (a) is put the case where a person is accused of an act which, upon the facts provable, may .....
Tag this Judgment!Court : Mumbai
Reported in : 33Ind.Cas.192
..... of kashinath v. narayan 22 b. 831. if, however, the defence is to rest on easement, it roust be governed by the indian basements act and the provisions of section 15 of that act are fatal to it. whatever easement may have been acquired by the owners of this land to cause a nuisance to the adjacent servient tenements by ..... before the nuisance now complained of came into existence and before the date of the suit. every period of twenty years giving a right of easement under the indian easements act must end within two years of suit. moreover, the nuisances complained of being of a totally different character, that defence could not, on general principle, i think, ..... continue. it must be admitted that on the first view there seems to be something a little inconsistent, having regard to the terms of the indian specific relief act, in combining an award of damages with an injunction. but i shall not hesitate to follow sir charles sargent after duly considering many english cases which appear to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom284; (1915)17BOMLR1040
..... i.l.r. (1897) 22 bom. 831. if, however, the defence is to rest on easement, it must be governed by the indian easement act and the provisions of section 15 of that act are fatal to it. whatever easement may have been acquired by the owners of this land to cause a nuisance to the adjacent servient tenements by the ..... before the nuisance now complained of came into existence and before the date of the suit. every period of twenty years giving a right of easement under the indian easement act must end within two years of suit. moreover, the nuisances complained of being of a totally different character, that defence could not, on general principle, i think, quite ..... continue. it must be admitted that on the first view there seems to be something a little inconsistent, having regard to the terms of the indian specific relief act in combining an award of damages with an injunction. but i shall not hesitate to follow sir charles sargent after duly considering many english cases which appear to me .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom232; (1915)17BOMLR1087; 33Ind.Cas.205
..... of eminent judges and jurists in that country, it cannot be denied that after the contract has been made to do a certain act or acts, and those acts become impossible, the contract is void. section 56 deals with two grounds upon which executory contracts become absolutely void: the first of these is that which i have just stated ..... how far the law of england has, in recent times, been modified and brought more closely into accord with the indian law, as expressed in section 56 of the indian contract act, would be a matter of long, difficult and delicate critical analysis. in this country, whatever may have been the law of england, and whatever ..... and the german austrian empire, the government of india proclamation was duly published in bombay, under the sea customs act, prohibiting the export from india of various articles. amongst other things the export of ammunition and explosives, and all materials used in the manufacture thereof was prohibited. now it cannot be denied that manganese is a .....
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