Court : Mumbai
Reported in : AIR1925Bom501; (1925)27BOMLR951
..... when his right as mortgagor passes into non-agriculturist hands, the special privilege previously annexed to the right perishes.' (amichand v. kanhu (1884) p.j. 203).4. section 10 a of the dekkhan agriculturists' relief act is as follows:-'whenever it is alleged at any stage of any suitor proceeding to which an agriculturist is a party that any transaction ..... that the rights and liabilities of the parties thereunder are triable wholly or in part under this chapter, the court shall, notwithstanding anything contained in section 92 of the indian evidence act, 1872, or in any other law for the time being in force, have power to inquire into and determine the real nature of such transaction ..... . on appeal, the district judge affirmed the decree. he said ' the document is in form a sale-deed; and the next question is whether section 92 of the indian evidence act would bar any inquiry into the nature of this transaction. in my opinion it would not. one of the allegations in this case is want of .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR867
..... the present case does not fall under the first paragraph because the actual subject of the suit is only rs. 3,000 odd. nor does it fall under sub-section (c) of section 109, which is as follows :--(c) from any decree or order, when the case, as hereinafter provided, is certified be be a fit one for appeal to his majesty ..... in council, because it has not been certified. it is, therefore, if at all, under the second paragraph of section 110. the learned judges of the high court have held that it does not so fall upon the ground that here what is affected directly or indirectly is not property ..... of right which, in the nomenclature of english law, is called a chose in action, and because the transference of such rights is dealt with in the transfer of property act.5. their lordships sire not inclined to attempt any precise definition of the word 'property.' the civil procedure code has not done so, and any definition might not be found in the .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR855
..... the courts below in holding that there is no justification for such an operation11. the contention depends upon the provisions of section 10 of the indian tariff act viii of 1894. the material part thereof, as amended by subsequent acts, is as follows:-in the event of any duty of customs...on any article being...decreased...after the making of any ..... been reduced, the buyer would, then, be claiming two different reductions, one in respect of actual duty and a second in respect of a constructively reckoned duty. the act could not mean that. to bring in tariff values into the question of increase or reduction of sugar duties, is to introduce an improper and confusing element into the ..... action. the parties who make forward contracts are not apprised of such changes, but have to wait for budget announcements. it is in this latter case that the indian act comes in to declare (to keep to the case in hand) that a change in the duty by decrease, the duty having been imposed between the making of .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR173
..... they were at the time of the adoption under the age of eighteen years so as to entitle them to an extension of period allowable to a minor under section 7, act ix of 1871, to bring a suit. it is obvious, looking at the facts and dates in the present case, that kalianasundara and chokkappa must have ..... kamalath, got them according to hindu law and she died childless in 1882, and since her death she, murugathal, got them under hindu law and enjoyed them until 1884, when chokkammal forcibly took possession of them and enjoyed them adversely to her. chokkammal in her written statement in that suit denied murugathal's title, alleged that she, chokkammal ..... death of kamalath in 1882, murugathal, the mother by adoption of thiagaraja, took posession of the property in question for a hindu widow's interest and held it until 1884, when chokkammal forcibly ejected her,8. on february 9, 1887, murugathal brought a suit in the court of the subordinate judge of nagapatam against chokkammal and others, .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1488
..... for them that it is in respect of one cancellation only that any loss has been sustained by the appellants. the fact that as the result of the respondents' wrongful act a benefit may have accrued to the appellants in connnection with the other is a fact for which no credit can be claimed by the respondents. upon this point the .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR515
..... charge of conspiracy, and there is a special rule of law laid down in cases of conspiracy which you may have to take into your consideration. in section 10 of the indian evidence act the legislature says this :-where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, ..... be your duty to hold that they are not guilty.2. i will further point out to you what is meant by 'disproved', and that is contained in the same section. 'a fact is said to be disproved when, after considering the matter before it, the court either believes that it does not exist, or considers its non-existence so ..... matter, i will just restate briefly the principle which you have to apply when a number of persons are gathered together to commit a crime. that is dealt with in section 34 of the indian penal code:-when a criminal act is done by several persons, in furtherance of the common intention of all, each of such persona is liable for that .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR1082
..... the legal declaration of the intentions of the testator with respect to his property, which he desires to be carried into effect after his death.and by section 3 of act x of 1897 :-'will ' shall include a codicil and every writing making a voluntary posthumous disposition of property.8. the learned judges in the court ..... a will but was inoperative as such might nevertheless constitute a valid authority to adopt here, however, the respondents are met with a different objection. act iii of 1877 provides, section 40:-the donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any registrar ..... mandapaka appanna was admittedly only nineteen years of age and was under guardianship, act no. ix of 1875 provides, section 2, that nothing therein contained should affect the capacity of any person to act in the following matters, namely:-marriage, dower, divorce, adoption.5. section 3 provides as follows :-subject as aforesaid, every minor of whose person .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom489; (1925)27BOMLR1043; 90Ind.Cas.311
..... criminal.19. a certain amount of stress has been laid for the petitioner on the words ' under any law for the time being in force ' to be found in section 2 of act hi of 1915; and the question was argued whether the word ' law' is restricted to statute law or whether it includes common law. on general principles of interpretation, it ..... of life and death on the maharaja of benares so as to create a new political entity. the words 'any law for the time being in force ' in section 2 of the amending act iii of 1915 apply only to statutes.16. for the crown it is argued by the learned advocate general that the cession of territory under the treaty necessarily ..... the rule any question of costs can be considered later.madgavkar, j.14. on january 10, 1925, an order was passed by the local government against the petitioner under section 3 of india act iii of 1864, ordering him as a foreigner to remove himself from british india, with this order he complied. but on march 19, he was found to have .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom543; (1925)27BOMLR1207
..... the same debtor and that property of the debtor could be more conveniently distributed by such other court, the reproduction of section 22 of the presidency towns insolvency act in the provincial insolvency act shows that the insolvency proceedings are considered on a different footing from a suit or other proceeding pending against the insolvent ..... the petitioning creditor in this court had applied to the first class subordinate judge at ahmedabad to stay the insolvency proceedings before him under section 36 of the provincial insolvency act on the ground that this court had refused to stay the proceedings pending before it in insolvency against the said insolvents, and that ..... adjudicating the said three persons insolvents. an application was made to thin court for ,stay of the proceedings in this court under section 22 of the presidency towns insolvency act on the ground that the insolvency proceedings were pending in the ahmedabad court and that it would be more convenient for that court .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR1427
..... land from which the water is artificially brought. (baineshur pershad narain singh v. koonj behari puttuk (1878) 4 app. cas. 121 and kenait v. great eastern railway co. 1884 97 ch. d. 12225. there is, however, a well established principle of law directly bearing upon this case and vitally affecting it, namely, that a watercourse originally artificial ..... most look at the broad question, which is whether a land-owner on whose land there is a sudden accumulation of water, brought there without any fault or act of his, is at liberty actively to let it off on the land of his neighbour without making that neighbour any compensation for damages, because the landowner by ..... appellants (who are husband and wife) in the district court of pyapon, lower burma, to recover damages amounting to rs. 13,448 for the wrongful flooding by the acts and procurement of the respondents of a large tract of paddy lands 68,541 acres in extent, belonging to the appellants, whereby the productivity of these lands was, .....
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