Court : Mumbai
Reported in : (1926)28BOMLR115
..... provisions of section 48, sub-section (1)(j), of the same act under which the municipality has power to frame octroi by-laws regulating the system under which refunds are to be made on account thereof ..... not brought within the octroi limits for consumption or use therein, and so were not goods liable to the payment of octroi under clause (iv) of section 59 of the act, which empowers a municipality to impose an octroi on goods brought within the municipal octroi limits for consumption or use there. this argument entirely ignores the ..... without giving the municipal officers a chance of inspecting the contents of their lorries, as they have a right to do under section 76 of the act, with even a power of seizure under section 79-so that the evidence pointed to the accused, who has certainly some responsibility and control as owner of the goods, systematically .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR158
..... have repeatedly announced that in dealing with petitions for special leave to appeal against sentences pronounced in the criminal courts of the various dominions of the king, they will not act as a court of criminal appeal, and will not, to use the words of lord watson in dillet's case (1887) 18 app. cas. 459. advise his majesty to ' review ..... the attempt to kidnap was murder. the learned judge in the course of his charge used these words after explaining section 111 of the indian penal code:-i merely emphasize once more that the crucial point as regards the applicability of that section is whether that which is done was a probable con-sequence of the abetment; was it a probable consequence .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom218
..... to represent him for the purposes of any proceedings that may be taken against him. any doubt on this point is removed by the amendment of clause (r) by section 2 of act 35 of 1923, in which the word mukhtar' has been transposed to another place and the words 'any other person,' etc., appear in a separate part (2) by ..... it was held that the father-in-law of the accused might probably have been received by the trying magistrate as a person appointed by her to act in the proceedings before him consistently with section 4 of the code of criminal procedure. it would also be difficult to see any real and substantial ground for limiting the words 'other person' so ..... to authorize any person to be his agent in any criminal court, and in queen-empress v. chandrabhaga [1884] r. unr. cr. c. 206 the facts were that a woman was charged with the offence under section 61 of the bombay district municipal act and, she being unwell, her father-in-law appeared in court on her behalf and the trying magistrate .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR591
..... sold already but it does not recite that the property was sold and transferred by the terms of the instrument ' itself' within the meaning of clause (h) of section 17, registration act hi of 1877.14. it appears to me that the document in question does not purport or operate to create, declare, assign, limit or extinguish, whether in present ..... description of the documents referred to in section 17(1)(b) then it requires registration. unless it is registered it ..... was not, it is certain, intended to mate the provision in section 17, clause (a), purely illusory.10. with all due respect, i do not think that line of argument , is sound. section 17, clause (a), of act iii of 1877 is reproduced in section 17, clause (2) (v) in the act of 1908, if a document is a document coming within the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom495
..... to sue defendant nos. 2 and 3 who were not parties to the original document. we are content to base our decision on the indian registration act and on section 100 of the transfer of property act.10. in the result, therefore, though for quite different reasons, we arrive at the same result as was arrived at in the lower courts. ..... factory was clearly part of the land, and the fixed machinery would also' be part of the land as being fixed to the freehold : (cf. section 8 of the transfer of property act).9. there is yet another question as to whether this document is not void for perpetuity inasmuch as it creates certain interests in land the duration of ..... as it was never registered, it could not be relied on. the same result follows, if it amounted to an equitable charge within the meaning of section 100 of the transfer of property act. that alone is sufficient to decide the case against the plaintiff.8. we do not overlook the fact that there are other possible arguments that might .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR939
..... to sue defendants nos. 2 and 8 who were not parties to the original document. we are content to base our decision on the indian registration act and on section 100 of the transfer of property act.9. in the result, therefore, though for quite different reasons, we arrive at the same result as was arrived at in the lower courts. ..... factory was clearly part of the land, and the fixed machinery would also be part of the land as being fixed to the freehold. (compare section 8 of the transfer of property act).8. there is yet another question as to whether this document is not void for perpetuity inasmuch as it creates certain interests in land the duration of ..... as it was never registered, it could not be relied oa. the same result fellows, if it amounted to an equitable charge within the meaning of section 100 of the transfer of property act. that alone is sufficient to decide the case against the plaintiff.7. we do not overlook, the fact that there are other possible arguments that might .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR607; 95Ind.Cas.834
..... that bai reva was a married wife of shivshankar and that the plaintiff was her son. they, however, contended that the plaintiff was illegitimate.4. by section 112 of the indian evidence act, it is enacted that:the fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two ..... plaintiff was entitled to recover possession of the properties in question.6. shivahankar died on november 18, 1921. the plaintiff was born on december 18, 1921, section 112 of the indian evidence act enacts that-the fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and ..... laying down the order in which evidence would be lad to prove the tact of non-access in accordance with section 112 and that mrs. rozario was a competent witness under sections 118 and 120 of the act. this ruling was fallowed in john howe v. charlotte howe i.l.r. (1913) mad. 466 .13. if the english rule of evidence, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom348
..... .18. i agree in holding that the decision of the learned trial judge in this case is right. (his lordship then stated facts and after quoting section 112 of the evidence act proceeded.) the first six defendants have brought this appeal against his decree.it is a rebuttable presumption of law that a child born during lawful wedlock is ..... was entitled to recover possession of the properties in question.3. shivshankar died on november 18, 1921. the plaintiff was born on december 18, 1921, section 112 of the indian evidence act enacts that:the fact that any parson was, born during the continuance of a valid marriage between his mother and any man, or within two hundred and ..... laying down the order in which evidence would be led to prove the fact of non-access in accordance with section 112 and that mrs. rozario was a competent witness under sections 118 and 120 of the act. this ruling was followed in john howe v. charlotte howe [1913] 38 mad. 466.10. if the english rule of evidence, to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom328
..... was absolutely necessary for the beneficial enjoyment of the defendants' property and that the defendants were entitled to the said right as an easement of necessity under section 13(c) of the indian easements act. i allowed the defendants to put forward that contention and the parties to lead, evidence on the point.6. the first question then to consider is ..... in the nature of an easement. mr. mulla argued that it was not, and that it did not fall under the definition of 'easement' as given in section 4 of the indian easements act. 'easement' is defined as a right which the owner or occupier of certain land possesses as such, for the beneficial enjoyment of that land to do and ..... this case of the nature alleged by the defendants at the hearing.14. the next question then is whether it is an easement of necessity coming under section 13(c) of the indian easements act, the claim is based by the defendants or the fact that in 1902-1903 for a period' of less than a year, the two properties were .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR403; 94Ind.Cas.673
..... was absolutely necessary for the beneficial enjoyment of the defendants' property and that the defendants were entitled to the said right as an easement of necessity under section 13 (c) of the indian easements act. i allowed the defendants to put forward that contention and the parties to lead evidence on the point.5. the first question then to consider is ..... is in the nature of an easement. mr. mulla argued that it was not, and that it did not fall under thedefinition of 'easement' as given in section 4 of the indian easements act. 'easement' is defined as a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do ..... case of the nature alleged by the defendants at the hearing.13. the next question then is whether it is an easement of necessity coming under section 13(c) of the indian easements act. the claimis based by the defendants on the fact that in 1902-1903 for a period of less than a year, the two properties were owned .....
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