Court : Mumbai
Reported in : AIR1925Bom44; (1924)26BOMLR754; 83Ind.Cas.370
..... kabulayat of 1915-16. it appeals to me very clearly that clauses 6 and 8 of the new kabulayat do not conform to established custom, are not justified by section 38 of act i of 1865, and restrict the rights of the khot in a manner which is not permissible. i may also draw attention to clause 21 which as far as ..... clause remained in the kabulayat could not bind the government to enlarge the rights of the khots against the tenants beyond what was fixed by the government officer under section 38 of that act. so there was no necessity for the continuation of this clause in the kabulayat which the khot had to sign. it follows then that the government are bound ..... on the expiry of the period of the settlement and as the learned judges of the appeal court remarked that question depended entirely on the construction of sub-section 37 and 38 of act i of 1865 and ss 102-106 of the bombay land revenue code, and while expressing their admiration of the diligence and ability of mr. tipnis in his .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom514; (1924)26BOMLR620; 83Ind.Cas.622
..... from various lands that had lapsed to the jahagirdars. we think that the income derived from the assessment is not agricultural income. by the definition in section 2 the dekkhan agriculturists' relief act, 'agriculturist' shall be taken to mean a person, who by himself, or by his servants or by his tenants earns his livelihood wholly or principally ..... c.j.1. the plaintiff sued to recover rs. 12,390 odd and costs of the suit on the strength of a deed of mortgage dated november 20, 1884. he also prayed that if default of payment were made he should be allowed to recover the amount by sale. a deeree was passed in favour of the ..... consideration in estimating whether or not he earns his livelihood wholly or principally by agriculture and therefore is an agriculturist within the meaning of the dekkhan agriculturists' belief act.5. they concluded:--in the case before us, therefore, the receipts of agricultural income attributable to the position of the applicant as inamdar must be excluded from .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR639
..... that the government claimed to exercise an absolute right in respect of these immemorial forest and waste lands, and constantly asserted its title. but the matter was clinched in 1884 when the governor in council passed an order, dated august 29, 1883, finally stopping the right of the neighbouring farmers and ryots to go upon the forest lands for ..... wargdar was also the temporary renter of certain jungle farms or privileges, which the sirkar was competent to modify or discontinue at will; and it is solely as an act of grace that in the bekal taluk the wargdar, whose warg includes the item, is in consequence of the more systematic nature of the cultivation still to be ..... the provisions of rule 1.6. nothing in the above rules shall be held to preclude grovernment from baking up for reservation under the provisions of the madras forest act, 1882, any land now occupied for kumri.11. in accordance with the rules, notices were issued by the tehsildar apparently on all the warydars who were in the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom460; (1924)26BOMLR695; 83Ind.Cas.34
..... the previous judgment was set aside on the ground that the jurisdiction had been exercised in several cases since flower v. lloyd notably the case of priestman v. thomas (1884) 9 p.d. 210. with all due respect that case was hardly in point. in an action for probate two wills were propounded. a compromise was effected and ..... the defendant raised the defence than the judgments of the italian courts had been obtained by fraud the defendant had appointed one reynolds by a power of attorney to act as his representative in sicily. the bills sued on were signed by reynolds on behalf of the defendant. the fraud alleged was that the plaintiff had entered into ..... the diary the entries in which he relied on to prove his case. he is, therefore, liable to have proceedings taken against him under the provisions of the insolvency act. the official assignee after the threats contained in the correspondence ending on november 29, 1923, made no attempt to get his name placed on the record so that .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR721
..... building where the machinery is) is wide enough to cover the premises containing accessories to the manufacture of cotton goods in the mill; and the explanation to section 6 of the act provides that cotton goods produced in the mill cover any goods which are issued out of the premises of the mill. obviously the legislature intends the mill ..... 2 o'clock when he refused access to the complainant to the godown.7. it seems to me, therefore, that the conviction under clause 9 of section 25 of the cotton duties act is correct. having regard, however, to the findings of the learned sessions judge as regards the account books, and to the fact that the complainant really ..... that it does not seem to have been suggested in either of the courts below that this go-down was not part of the building. under section 3, sub-clause (6) of the act 'mill' means any building or place where cotton goods are woven, knitted or otherwise manufactured by machinery moved otherwise than by manual labour, and includes .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR1153
..... that suit, or as a final judgment in a suit is binding upon them in carrying the judgment into execution. the binding force of such a judgment depends not upon section 13, act x of 1877, but upon general principles of law. if it were not binding there would be no end to litigation.24. and recently before this board in hook ..... the order passed on june 7, 1911.23. it was strongly urged that a rigerous construction must be given to the provisions of the civil procedure code and that the language of section 11 of the code of 1908 could not be applied to the present suit as it did not fall within the statutory words, 'any suit or issue in which the ..... such court,' it seems extremely doubtful whether there is any distinction whatsoever between the present and the former suits. but, in the construction of this section, as was the case also in the construction of section 13 of the code of civil procedure of 1877, it has been long recognised that the principle laid down by sir barries peacock in ram .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom18; (1924)26BOMLR880
..... the hirer has agreed to pay all the instalments of purchase-money that amounts to an agreement to buy, and the case comes within section 9 of the factors act, 1889, or section 25 of the sale of goods act, 1893. in helby v. matthews, it was decided that, as the hirer had an option to return the goods, the case did not come ..... the agreed instalments of rent, but imposes upon him no obligation to do so, is not the 'true owner' of the chattels within the meaning of section 5 of the bills of sale act (1878) amendment act, 1882.6. there in effect the court thought that the case came within helhy v. matthews7. then in india there is a case of in re ..... definitely agreed to buy the lorries and took delivery of the lorries there and then and agreed to pay the purchase money by instalments. if one turns to section 78 of the indian contract act, it is clear that in such a case the property in the goods would ordinarily pass.12. there is one further point that the agreement speaks of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom524; (1924)26BOMLR942; 84Ind.Cas.421
..... see the observations of pollock b. in clifford v. commissioner of inland revenue [1896] 2 q.b. 187. while the conflict indicated by the decisions under section 24 of the act of 1879 of which sha nagindas jeychand v. halalkore nathwa gheesa i.l.r. (1881) 5 bom. 470 and reference from the board of revenue i.l ..... before us is mainly caused by the extraordinary conveyancing, which could hardly have been in the contemplation of the framers either of section 24 of the indian stamp act, 1899, or of section 57 of the english stamp act 1891, from which, or from the corresponding earlier english statutes, it is largely taken. instead of joining the mortgagee in ..... question is properly stamped, and that the reference should be answered accordingly.fawcett, j.20. i concur. the explanation and illustration (2) to section 24 of the indian stamp act have been rather loosely drafted. but i am satisfied that the intention is that the explanation should only cover cases where the purchaser undertakes to pay .....
Tag this Judgment!Court : Mumbai
Reported in : 92Ind.Cas.225
..... that the circumstances of each case have to be considered in deciding what is reasonable and proper compensation for the damage caused by a breach of contract under section 73 of the indian contract act; that the court is not bound in every case to-award damages on the basis of a difference between the price at the date of the contract ..... had entered into a contract to sell to s.r. bomanji. but that claim can be disposed of very shortly by a reference to illustration (o) to section 73 of the indian contract act, which shows that it is not the profit which would have arisen to the plaintiff, which is to be taken into account, but the market price of the ..... the court of appeal, and it was dealt with as follows:therefore, it must follow that the defendants have committed a breach of their agreement, and under section 73 of the indian contract act, they would be liable to damages. what the measure of damages would be must depend entirely on a contract of this description on the facts of this case .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom473; (1924)26BOMLR858
..... the court of appeal, and it was dealt with as follows:--therefore it must follow that the defendants have committed a broach of their agreement, and under section 73 of the indian contract act, they would be liable to damages. what the measure of damages would be must depend entirely on a contract of this description on the facts of this ..... perusal of the judgments in bain v. forthergill, which affirmed the rule in flureau v. thornhill (1776) 2 w. bl. 1078, and the terms of section 73 of the indian contract act, it seems to me that the application of the rule is not necessarily excluded. the question must be answered on the facts and circumstances of each case whether ..... the circumstances of each case have to be considered in deciding what is reasonable and proper compensation for the damage caused by a breach of contract under section 73 of the indian contract act; that the court is not bound in every case to award damages on the basis of a difference between the price at the date of the .....
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