Court : Mumbai
Reported in : 33Ind.Cas.267
..... owners and, therefore, obtained a valid transfer notwithstanding the invalidity of the attempted transfer by the unregistered sale-deed contrary to the provisions of section 54 of the transfer of property act.6. it seems to me important to consider closely what it was that was alleged to have been delivered into the possession, of the ..... not be said to have been any delivery of possession within the meaning of section 54 of the transfer of property act, and the plaintiff consequently acquired no title by the transfer. no specific reasons are, however, given by the learned judges for this decision, ..... the land, and, upon objection taken that the plaintiff acquired no title to the property inasmuch as the transfer upon which he relied contravened section 54 of the transfer of property act, the court held that since the transfer was not made by registered instrument and since the plaintiff had been in prior occupation, there could .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom305; (1916)ILR40Bom321
..... that an application for an order absolute would be really an application to execute the decree passed in accordance with section 88 of the transfer of property act. but whether an order absolute for sale is treated as an order falling under section 244 and appealable on that footing or not, it is quite clear that even under the old code the correctness ..... that the old code of 1882 has application, the decree of 1910 ordering payment of the mortgage money and in default sale of the property would be a decree under section 88 of the transfer of property act, and the order absolute for sale of the property in default of payment of the mortgage money would be an order under ..... section 89 of the transfer of property act. if the appellant had desired to call in question the decree of 1910, he should have appealed against that decree, and he cannot now in, an appeal against the subsequent .....
Tag this Judgment!Court : Mumbai
Reported in : (1915)17BOMLR1080
..... must be expressed with diffidence. speaking for myself, then, i agree with the decision in emperor v. lakhamsi. it is to be observed that the definition in section 3 of the act is an inclusive definition, the words reading that the 'expression 'instruments of gaming' includes any article used as a subject or means of gaming.' the whole ..... recorded entries of the bets made by those frequenting the room managed by the applicant, is not an instrument of gaming within the definition of that term in section 3 of the act. unfortunately, however, for this argument, a bench of this court has decided against it in the case of emperor v. lakhamsi (1904) 6 bom. l ..... manilal mangalji, has been convicted by the learned third presidency magistrate of managing or assisting in conducting the business of a common gaming house under section 4 of the bombay prevention of gambling act iv of 1887, and has been sentenced to one month's rigorous imprisonment.2. the only point of law urged by the learned counsel .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom265; (1916)ILR40Bom529
..... and nothing else, and formed a special chapter of the law of bailment. therefore, in any event, in my opinion, the case is governed by section 65 of the indian contract act; and the plaintiffs are entitled, under the events which have happened, to recover the amount paid by them in advance for freight with interest at 6 ..... plaintiffs were asked to admit that the ship was under charter to chhagandas & co. and in para. 5 of the written statement the defendants rely on section 56 of the indian contract act. the defence was really based on the decision in the case of civil service co-operative society v. general steam navigation company [1903] 2 k.b ..... to them to be carried bat also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents;' and under section 2: ''common carrier' denotes a person, other than the government, engaged in the business of transporting for hire property from place to place .....
Tag this Judgment!Court : Mumbai
Reported in : 33Ind.Cas.536
..... and nothing else, and formed a special chapter of the law of bailment. therefore, in any event, in my opinion, the case is governed by section 65 of the indian contract act; and the plaintiffs are entitled, under the events which have happened, to recover the amount paid by them in advance for freight with interest at 6 ..... plaintiffs were asked to admit that the ship was under charter to chhagandas & co. and in paragraph 5 of the written statement the defendants rely on section 56 of the indian contract act. the defence was really based on the decision in the case of civil service co-operative society v. general steam navigation company (1903) 2 k.b ..... to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents;' and under section 2: common carrier' denotes a person, other than the government, engaged in the business of transporting for hire property from place to place, .....
Tag this Judgment!Court : Mumbai
Reported in : 33Ind.Cas.749
..... that an application for an order absolute would be really an application to execute the decree passed in accordance with section 88 of the transfer of property act. but whether an order absolute for sale is treated as an order falling under section 244 and appealable on that footing or not, it is quite clear that even under the old code the correctness ..... that the old code of 1882 has application, the decree of 1910 ordering payment of the mortgage-money and in default sale of the property would be a decree under section 88 of the transfer of property act, and the order absolute for sale of the property in default of payment of the mortgage money would be an order under ..... section 89 of the transfer of property act. if the appellant had desired to call in question the decree of 1910, he should have appealed against that decree, and he cannot now in an appeal against the subsequent .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom217; (1916)ILR40Bom333; 33Ind.Cas.232
..... been ordered by both the trial court and the district court by reason of the provisions of the 3rd paragraph of order xxi, rule 2, which corresponds to the old section 258. the trial court came to a definite conclusion that in the application which it granted the judgment-creditor was trying to obtain, and was in fact obtaining, fraudulent ..... to the court. on the 12th of march 1902 the plaintiff made an application for execution of his decree. according to the code he was obliged as provided by section 235(e) to state in writing upon his verification whether any and what adjustment had been made by the parties subsequent to the decree. he stated that there had been ..... judgment of my learned colleague gives cogent reasons for holding that the court should not in the exercise of its duty under section 244 allow a clear case of fraud to be covered and condoned by the provisions of section 258 or order xxi, rule 2. it appears to us that the provisions of order xxi, rule 11, clause (e), .....
Tag this Judgment!Court : Mumbai
Reported in : (1916)ILR40Bom378
..... exhibit 25 that the sale should become void on payment of rs. 13,000 by instalments or in a lump sum within twenty years [vide clause (c), section 58 of the transfer of property act]. under the circumstances it is not necessary to find out the indications which determine any transaction to be a mortgage.3. but it seems to me clear ..... , section 58 of the transfer of property act defines what a mortgage is, and clause (c) of the section describes one method of effecting a mortgage, viz., the method of mortgaging by conditional sale. but the words of clause (c) are to ..... that the question, whether exhibit 25 effects a mortgage or a sale, is not to be answered by mere reference to clause (c) of section 58 of the transfer of property act. and, if i am not mistaken, to decide the point upon this view is to assume what is really in dispute. for .....
Tag this Judgment!Court : Mumbai
Reported in : 34Ind.Cas.414
..... in exhibit 25 that the sale should become void on payment of rs. 13000 by instalments or in a lump sum within twenty years [vide clause (c), section 58, of the transfer of property act], under the circumstances it is not necessary to find out the indications which determine any transaction to be a mortgage.3. but it seems to me clear ..... , section 58 of the transfer of property act defines what a mortgage is, and clause (c) of the section describes one method of effecting a mortgage, viz., the method of mortgaging by conditional sale. but the words of clause (c) are to ..... that the question, whether exhibit 25 effects a mortgage or a sale, is not to be answered by mere reference to clause (c) of section 58 of the transfer of property act. and, if i am not mistaken, to decide the point upon this view is to assume what is really in dispute. for .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom229; 34Ind.Cas.976
..... of the inducement, though, of course, the inducement alleged would diminish the credit to be attached to him. this construction seems to me to be favoured by section 118 of the indian evidence act, which provides that all persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving ..... think that the assessment of narayandas's evidence presents any insuperable difficulty. in so far as he is an accomplice the law, as laid down in sections 133 and 114, ill. (6), of the indian evidence act, declares that while the courts should ordinarily make a presumption against the credit of an accomplice, that presumption may be displaced by other circumstances, notably .....
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