Court : Mumbai
Reported in : (1922)24BOMLR626
..... the provisions of this act shall not apply to intestate or testamentary succession to the property of any hindu...if, accordingly, the late randhir singh had remained in or ..... sri gajapathi radhika v. sri gajapathi nilamani. (1870) 14 w.r. 33 these cases preceded the indian succession act and cannot modify or interpret it.7. by section 2 of that act it is enacted : 'except as provided by this act, or by any other law for the time being in force, the rules herein contained shall constitute the law of ..... british india, applicable to all cases of in testate or testamentary succession.'8. this is the general rule, and the exception which bears upon the present case is section 331, which says that: .....
Tag this Judgment!Court : Mumbai
Reported in : (1921)23BOMLR884
..... a report of the crime was made to the city magistrate of nadiad under section 157, criminal procedure code, and it is not suggested that he had started any inquiry under section 15'j at the time. the district magistrate in fact never acted under section 159. in his evidence he states as follows :-'beyond making these approvers and ..... 1919 before the district magistrate of kaira, when a pardon was tendered to him under section 337 criminal procedure code, in respect of the offence connected with the derailment near nadiad in april 1919 punishable under section 126(b) of the indian railways act (ix of 1890). the 18 second statement was made by him in july 1919 ..... can apply to this statement. it is not recorded under that section. the district magistrate's evidence makes it clear that he acted under section 337. even apart from that circumstance i do not think that the statement in question could be properly recorded under section 164 which refers to statements of witnesses, who want to make .....
Tag this Judgment!Court : Mumbai
Reported in : (1921)23BOMLR1144; 66Ind.Cas.726
..... possession of the goods unless the circumstances which render the contract voidable amount to an offence committed by the buyer or those whom he represents: see section 108, exception 3, indian contract act.32. i hold, therefore, that even if ismail was induced to part with the share certificates on the fraudulent representations of anveri which amounted to ..... had arrived and as the plaintiff did not accept the brokers' repudiation of the contract that day no anticipatory breach occurred. in my opinion, therefore, section 39 of the indian contract act does not help the plaintiff.34. then it was argued on behalf of the plaintiff that the plaintiff's signature as seller in the transfer forms ..... his from asserting any right to the shares. mr,, inverarity for the plaintiff contended that there is no estoppel and has relied on france v. clarka (1884) 26 ch. d. 257. tayler v. great indian peninsula railway co. (1895) 4 g. &. j 559. hutchison v. the colorado united mining company and hamill (1886) .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR629
..... be gathered from established usage and practice, and that has been found by the courts in india. again, 'valuable consideration' forms the essence of both section 10 of the limitation act and of article 134 of sch. i. even if this were a specific trust, which it is not, it would be ridiculous to hold that the ..... the mutual relations of the members of an undivided family as determined by any customary or personal law, or applies to public or private religious or charitable endowments...' section 3 of the act gives a definition of the word 'trust' in terms familiar to english lawyers. it says:a 'trust' is an obligation annexed to the ownership of property ..... the character contemplated in the article.18. article 134 is, as pointed out in abhiram goswami's case(1909) 36 i.a. 148 controlled by section 10 of the indian limitation act, which runs thus:notwithstanding anything hereinbefore contained, no suit against a person in whom property has become vested in trust for any specific purpose, or .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR154; 67Ind.Cas.130
..... the 29th october, ex. 10.7. if the tenancy had been terminated by the disclaimer, the subtenants' rights could have been saved by section 62 of the presidency towns insolvency act, or by section 116 of the transfer of property act. but as it is the tenancy was terminated by notice on the 10th november 1920, and, therefore, the defendants were tenants on sufferance ..... date.8. mr. coltman contends that even though the defendants are sub-tenants, they are entitled to the protection of the bombay rent act, first, because the word 'tenant' in section 9 includes a subtenant; and, secondly, because under section 9(3) the fact that the landlord's interest has terminated is not in itself deemed to be a sufficient cause for dispossession .....
Tag this Judgment!Court : Mumbai
Reported in : (1921)23BOMLR987
..... person can never corruptly use as genuine fabricated evidence so long as he uses it for his defence. there is no legislative provision to that effect : for instance, section 342, criminal procedure code, provides that the accused shall not be liable to be prosecuted for giving false evidence in respect of any statement by him as an accused person. ..... 1 who produced the document, which is found to be fabricated, used it corruptly. he was a public servant and it is not suggested that his conviction under section 196, indian penal code, is open to any objection. it is a reasonable inference under the circumstances that the present applicant, at whose instance the document was produced ..... in revision i see no good ground to disturb that finding so far as it is based upon evidence.11. it is urged, however, that as the applicant acted in his defence and used the fabricated evidence for the purpose of establishing his innocence he could not be said to have used it corruptly. it is difficult, however .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1921Bom328; (1921)23BOMLR1049
..... but the learned judge considered that the land outside the local limits must still be within the local limits of the presidency of bombay. he refers to section 9 of the indian high courts act of 1861, recited in the preamble of the letters patent. bat i cannot see that the preamble in any way fetters this court in construing clause ..... high court: in no other case is there any power or need to give leave under the section.10. balaram v. ramchandra was referred to as deciding that in a partition suit the court has no jurisdiction over land outside the local limits. but, with all ..... not arise what construction should be applied to clause 12 of the letters patent. but sir lawrence jenkins said (pp. 253-254):it is sometimes overlooked that under section 12 of the letters patent leave is only required where the cause of action shall have arisen in part within the local limits of the ordinary original jurisdiction of the .....
Tag this Judgment!Court : Mumbai
Reported in : 77Ind.Cas.934
..... the learned judge considered that the land outside the local limits must still be within the local limits of the presidency of bombay. he refers to section 9 of the indian high courts act of 1861, recited in the preamble of the letters patent. but i cannot see that the preamble in any way fetters this court in construing clause ..... the high court: in no other case is there any power or need to give leave under the section.10. balaram bhaskarji v. ramchandra bhaskarji 11 ind. dec. 1198 was referred to has deciding that in a partition suit the court has no jurisdiction over land outside ..... not arise what construction should be application clause 12 of the letters patent. but sir lawrence jenkins said (pages 253-254):it is some times overlooked that under section 12 of the letters patent leave is only required where the cause of action shall have arisen in part within the local limits of the ordinary original jurisdiction of .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR214
..... however, was open to be revised and set aside by the civil courts; (2) that it was not a case in which the collector could take action under section 6 of the watan act; (3) that the collector's decision determining members of the nadgir family to be representative vatandars should be accepted. the jaghirdars, if so advised, could file a ..... in r.a. 3 of 1876 is applicable to the land in this case. but the learned judge has held that before the revenue officers began their inquiry in 1884 the jahagirdars had acquired a title by their adverse possession not only to the patilki and kulkarniki vatan but also to the offices of kulkarni and revenue patil, since ..... to the district deputy collector asking that a register of the patilki and kulkarniki watan might be prepared. that officer mr. anding gave his decision on the 10th july 1884 (exhibit 327). he said:the jaghirdars claim the patil and kulkarni's haks because they say there is no kadim watan for these offices...that the people now claiming .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR16
..... as such.41. this court is undoubtedly a court of record. it has been so constituted by the letters patent of 1862 and 1865 : and section 106 of the government of india act of 1915 contains an express provision to that effect. having regard to its powers as defined by the statutes and the letters patent it would be a ..... for contempt of inferior court, the high court had the same jurisdiction. but the chief justice was not prepared to hold that jurisdiction was given by section 15 of the indian high courts act which gave powers of superintendence with regard to subordinate courts.16. in rex v. parke a person having been charged before the petty sessions with an ..... to consider. first have we inherent common law jurisdiction in the matter and, secondly, have we statutory jurisdiction under the powers conferred on this court by section 15 of the high courts act ?15. what was the common law of england with regard to the powers of the king's bench division of the high court in england with reference .....
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