Court : Mumbai
Reported in : AIR1916Bom77; (1916)18BOMLR587
..... of this country, and, again, in the stamp act, section 2, clause 7, the like words are to be found. elsewhere i do not believe that it would be easy to discover in the sufficiently voluminous statute law ..... of real estate each had no more than a right to the equity of redemption. for that altogether ignores the very salutary and necessary principle of section 178 of the indian contract act regulating what actually occurs when these mortgages of chattels are effected. the subject is doubtless confused by substituting the word ' mortgage' with all its ..... the statute law of india it 'would be difficult to find anything making it imperative upon courts to acknowledge any such doctrine. in the 3rd section of the transfer of property act, amongst other definitions, the definition of a chose in action mentions the hypothecation of moveables as though that were an accepted part of the law .....
Tag this Judgment!Court : Mumbai
Reported in : 33Ind.Cas.724
..... possibility of its enquring for the benefit of the enemy during the continuance of hostilities.31. as mr. inverarity contended that various ordinances made by the governor-general under section 23 of the indian councils act of 1861. were limited to expire within the period of six months from their promulgation, it seems necessary to point out that under ..... legal proceedings against the debtors of the firm is ultra vires.8. in my opinion the license, as granted to the plaintiff, was within the powers of the governor-general acting under the provisions of the hostile foreigners trading order.9. then it was contended that the defendant was not liable to pay interest, which was recoverable as damages, from ..... act i of 1915, the provisions of the said ordinances have effect as if they had been enacted by the governor-general in council and remain in force during the .....
Tag this Judgment!Court : Mumbai
Reported in : 34Ind.Cas.198
..... to manage under the government resolution no. 5533 of the 8th of june 1911 issued on the application of the talukdar of an earlier date under section 28 of the gujarat talukdars' act (bom. act vi of 1888) prima facie related to the period of five years from the date from which the management by government officers could only be ..... management of the tulukdar's estate in fact continued and unless that temporary management was unlawful, it would be a temporary management such as is contemplated by section 33 of bombay act vi of 1888 and so the reasoning set out above would still hold good. now was this management unlawful? it is not shown to be. we ..... the mamlatdar's powers were delegated to him by a guardian duly appointed and the guardianship had come to an end on the minor talukdar attaining majority (section 41, guardians and wards act). no doubt the guardianship had ceased some time prior to the 20th march 1911, the date of the occurrences with which we are concerned. nevertheless the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom193; (1917)ILR41Bom390
..... the possibility of its enduring for the benefit of the enemy during the continuance of hostilities.35. as mr. inverarity contended that various ordinances made by the governor-general under section 23 of the indian councils act of 1861 were limited to expire within the period of six months from their promulgation, it seems necessary to point out that under ..... legal proceedings against the debtors of the firm is ultra vires.8. in my opinion the license, as granted to the plaintiff, was within the powers of the governor-general acting under the provisions of the hostile foreigners' trading order.9. then it was contended that the defendant was not liable to pay interest, which was recoverable as damages, from ..... act i of 1915 the provisions of the said ordinances have effect as if they had been enacted by the governor general in council and remain in force during the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom99; (1916)ILR40Bom492
..... in the learned judge's words this, whether a decree holder for sale upon a mortgage, in default of payment of instalments ordered under section 15b (1) of the dekkhan agriculturists' relief act, must apply under order xxxiv, rule 5(2) of the civil procedure code to make the decree final before he can apply for sale of the ..... mortgaged property or sufficient part thereof can be sold. but sub-sections 1 and 2 of section 15b, of the dekkhan agriculturists' relief act, which provide for the sale of mortgaged property under that act, contain, as i read them, materially different provisions. sub-section 1 of the section empowers the court in its discretion in making a decree for ..... necessary portion of the property under section 15b (2) of the 'dekkhan agriculturists' relief act.3. in my opinion the answer should be in the negative.4. it is true that by section 74 of the dekkhan agriculturists' relief act it' is provided that, except in so far as the civil procedure code .....
Tag this Judgment!Court : Mumbai
Reported in : 37Ind.Cas.255
..... learned judge's words this: whether a holder of a decree for sale upon a mortgage, in default of payment of instalments ordered under section 15(b)(1) of the dekkhan agriculturists' relief act, must apply under order xxxiv, rule 5 of the civil procedure code, to make the decree final before he can apply for sale of the ..... the mortgaged property or sufficient part thereof can be sold. but section 15 (6), sub-sections 1 and 2 of the dekkhan agriculturists' relief act, which provide for the sale of mortgaged property under that act, contain, as i read them, materially different provisions. sub-section 1 of the section empowers the court, in its discretion in making a decree for ..... necessary portion of the property under section 15(b)(2) of the dekkhan agriculturists' relief act.3. in my opinion the answer should be in the negative.4. it is true that by section 74 of the dekkhan agriculturists' relief act it is provided that, except in so far as the civil procedure code .....
Tag this Judgment!Court : Mumbai
Reported in : 34Ind.Cas.21
..... b. 279 this court has held that it has no jurisdiction to revise the order of a district judge acting under section 23 of the bombay district municipalities act of 1884. and although the words occurring in that section are district judge,' whereas the words occurring in section 160, last clause, are district court, we do not think that the distinction is sufficient to support the ..... b. 47 it has been decided by a bench of this court that no appeal lies from the decision of a district court under clause (3) of section 160 of the bombay district municipalities act. the object of this application is to obtain from the court a decision that although no appeal would lie, yet an application in revision does lie. such ..... as, however, no point has been taken on this circumstance, it is unnecessary for us to decide--and, therefore, we do not decide--whether the district judge was competent under section 1(5 of the civil courts' act or otherwise to transfer to the assistant judge this particular case. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom196(1); (1916)ILR40Bom509
..... bom. 279 this court has held that it has no jurisdiction to revise the order of a district judge acting under section 23 of the bombay district municipalities act of 1884. and although the words occurring in that section are 'district judge,' whereas the words occurring in section 160, last clause, are 'district court,' we do not think that the distinction is sufficient to support the ..... bom 47 it has been decided by a bench of this court that no appeal lies from the decision of a district court under clause (3) of section 160 of the bombay district municipalities act. the object of this application is to obtain from the court a decision that although no appeal would lie, yet an application in revision does lie. ..... as, however, no point has been taken on this circumstance, it is unnecessary for us to decide--and, therefore, we do not decide--whether the district judge was competent under section 16 of the civil courts' act or otherwise to transfer to the assistant judge this particular case. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom220; 34Ind.Cas.973
..... loss of a limb or of the use of it' or more widely as 'any lasting wound or injury'. the word occurs in the english malicious damage act, 1857, 24 & 25 vic, c. 97, section 40, and in russell on crimes, vol. ii, p. 1827, 7th edn., where reg. v. jeans (1844) 1 car. & k. 539 is cited, it is stated ..... is no permanent injury, but a mere disfigurement, and i am of opinion, therefore, that the case does not fall under section 429 of the indian penal code.3. the conviction must be altered to a conviction under section 426 and the sentence must be reduced to a term of three months' rigorous imprisonment. since the applicant has already suffered this ..... animal's sense of hearing has been impaired. the question is, whether such an injury amounts to maiming within the meaning of section 429 of the indian penal code. having regard to the position of the word maiming' in that section, where it occurs in conjunction with the words 'killing, poisoning or rendering useless,' i am disposed to think that the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom129; (1916)18BOMLR582
..... of the person of the minor. now if a father has had the care and custody of his infant child, he may be within the definition of the act a 'guardian', and the provisions of sections 24 and 25 may then apply to him. but that is not the case where he has not had the custody of his infant child ..... that it has no inherent powers to make orders with reference to minors which are not expressly conferred upon it by that act. the chapter of the act relating to the appointment and declaration of guardians is chapter ii. section 12 provides for the summoning before the court of the minor for whom an application has been made for the appointment of ..... a guardian, and for the interim custody of the minor pending the hearing of the application under section 13. then section 17 lays down .....
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