Court : Mumbai
Reported in : (1922)24BOMLR753
..... there then in the present case for the executors to take out probate in the first place, the probate and administration act contains no section corresponding to section 187 of the indian succession act 1865 which provides that no right as executor can be established in any court unless probate be first granted. nor was that ..... by him unless probate was taken out and the executor exempted by the court from the necessity of obtaining such consent. the present section was substituted by the amending act vi of 1889, and the change was therefore deliberate. in the present case there is no restriction in the will on the power ..... an unintentional omission of the legislature. that point was carefully considered and the history of the previous legislation fully discussed in shaik moosa v. shaik essa i.l.r. (1884 .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR771
..... this is true. a judgment-debtor is a ' person ' in such a case as this. moreover, the judgment-debtor in his application under section 47 is complaining of the game sort of act as an applicant under order xxi, rule 100, would have to complain of. but the moment it is realized that what the schedule to the ..... am satisfied, were never intended to be covered by it. i think, moreover, that the rights of defendants are sufficiently restricted by their being required to apply under section 47 within the period limited by article 181.6. this question, therefore, having been considered recently by the high courts of allahabad and madras, we should have to ..... but it was decided by the district court' that the plaint should be treated as an application under section 47 of the civil procedure code, and it was treated so accordingly. the trial judge held that article 165 of the indian limitation act applied and the application was held barred as not having been filed within thirty days from the date .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR782
norman macleod, c.j.1. this is an appeal from the decision of the district judge of poona in a reference under section 18 of the land acquisition act. the land in reference is a square piece of land measuring 4.77 acres with good frontages on connaught road and wellesley road. in the far corner of it there ..... , unless they were able to show conclusively that he had not given a fair value for the property. after all the government have very wide powers under the land acquisition act to deprive a man of his property, and it is only fair that he should be recouped on a liberal scale; any endeavours to unduly depreciate the value of properties .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR449
..... any interest in immoveable property admerely creating a right to obtain another document which would create etc. such interest was not compulsorily registrable24. then by section 27 of the specific belief act of 1877 an agreement for the sale of land could be specifically enforced, not only against the person making the contract but against any person ..... under hindu law, which governed the parties to the sale-deed, neither equitable interests nor executory interests in immoveable property are recognised.20. under section 54 of the transfer of property act contracts for the sale of land do not create an interest in the land, and it would seem to follow that a contract for pre ..... to clear their title to this property.12. on the second point the jurisdiction of the court to grant declaratory decrees is determined by section 42 of the specific relief act. the proper procedure to be followed is regulated by the civil procedure code and the high court rules.13. by high court rule 214 which is .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR1268
..... in question here, and as a deed of gift so far as it related to the other property dealt with by it. he held that section 41 of the transfer of property act, 1882, did not apply to the cases of pandit sheo dayal and of the other transferees, and as he considered that it was not ..... and pandit sheo dayal appealed to the court of the judicial commissioner. their appeals raised the question as to the true construction of the document of march 7, 1884, and consequently raised the question as to the right of the plaintiffs to maintain this suit. the plaintiffs filed cross-objections.17. the appeals and the cross- ..... during life, rentand revenue free ...855patti gundhia, standing inthe name of me, the donor 280gungipur included in hindolna,standing in thecame of mohammadibrahim khan ... ...355dated 7th march, 1884.scribed by the registrationclerk.mark of the signature of the thakurainsaheba, wife of mohammad niamat ullahkhan, taluqdar of mirzapur, autograph.10. mr. kanhayia lal, in his judgment on .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR1251
..... his object in doing this, or who set him in motion to do it, is not quite clear. the law as to mesne profits is thus expressed in section 2, sub-section 12, of the code of civil procedure :-'mesne profits' of property means those profits which the person in wrongful possession of such property actually received or might ..... of order xxii, rule 10, and it is desirable to examine the code of civil procedure with a view to seeing whether it lends support to this opinion. by section 47:-(1) all questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction ..... how that which should in reality form the basis of an independent suit against a separate party, for some act done by himself, can be introduced as a question to be tried in execution proceedings in another suit. section 47 of the act does not apply. if the added persons did commit trespasses, these were distinct ones, and not committed by .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)ILR46Bom92
..... village of arepalli and their immediate landlords, the agraharamdars of that village. if the agraharamdars are landholders within the meaning of section 3 (5) of the madras estates land act of 1908 the civil courts have no jurisdiction by reason of section 189. 'landholder' means a person owning an estate or part thereof and includes every person entitled to collect the rents of ..... evidence. the agraharamdars who signed the statement, that it was a true copy are all dead. under the evidence act of 1872, section 65, secondary evidence may be given of the contents of a document where the original has been lost. under section 90 when a document is produced from what the court considers proper custody and purports to be more than 30 .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR1214
..... a decree of the district judge of chingleput, dated december 11, 1914.2. the suit was instituted by the persent appellant and another under the civil procedure code, section 92. the prayer of the plaint was for an account of the respondent's management of a temple in the district of chingleput since his assumption of ..... forms exhibit b of the present proceedings. their lordships have, however, seen a print of the descriptive memoir itself, bearing to be signed by major stuart,' acting deputy-director of revenue settlement.' the following entries are important :-mirasi tenure as the government have recognized the mirasidar's claim to a percentage fee (swatantram) ..... government, income from lands and contribution from ubhayakars, that the administration of the temple by the defendant has been unsatisfactory and that he is guilty of various acts of misfeasance, malfeasance, non-feasance, breach of trust and neglect of duty. the instances of misconduct are set forth in paragraph 9 of the plaint, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom228; (1923)25BOMLR84
..... defined building, or part of a building, is transferred to the lessee; and having regard to the rights of a lessee, which are specified in section, 108 of the transfer of property act, in particular the rights to growing crops and to put up structures, it seems difficult to say that there could be a valid lease not of ..... difference between the indian and the english law on the subject. the words 'right to enjoy' in section 105 of the transfer of property act, when read with the rights of the lessee laid down in section 108 of the same act, clearly show that there should also be a right to exclusive possession to constitute a lease under the ..... the defendant is that he is a tenant of the plaintiffs, and, that, therefore, the premises in question are premises, to which the bombay rent act applies under the definition contained in section 2, sub-section (1), clause (b), of that act.10. the issues raised are:(1). whether the premises in suit are premises as defined by the bombay rent .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom44; (1922)24BOMLR534; 67Ind.Cas.818
..... of an offence of taking gratification as the said public servant other than legal remuneration as a motive for doing a future official act, viz., giving contracts, punishable with imprisonment under section 161 of the indian penal code, which said offence was not committed in consequence of the said abetment and thereby committed an offence ..... gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, etc. etc., shall be punished with imprisonment or with fine or with both.' section 116 deals with the abetment of an offence punishable with imprisonment if that offence be not committed in consequence of ..... in that capacity other than legal remuneration as a motive for doing a future official act, viz., giving contracts and that as the offence was not committed in consequence of the said abetment his act was punishable under sections 161 and 116, indian penal code. the learned chief presidency magistrate came to the .....
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