Court : Mumbai
Decided on : Mar-04-1949
Reported in : AIR1949Bom337; (1949)51BOMLR515
..... accept the averments made by the plaintiffs in the plaint.5. in my opinion, therefore, this is clearly a suit which does not fall within the purview of section 50 of bombay act lvii of 1947 and, therefore, this court has jurisdiction to try the suit. the order, therefore, made by the learned judge that this suit should be transferred ..... received from the plaintiffs. with regard to defendants nos. 3 to 7, who put in a joint written statement, their contention was that after the tenancy terminated on the explosion having taken place, the plaintiffs were no longer the tenants of the defendants but they were mere licensees, and the defendants required the plaintiffs as a term of the ..... of 13 months during which the tenancy was to continue. according to the plaintiffs it was also agreed that with regard to the tenancy of certain months anterior to the explosion for which the plaintiffs had not paid rent, they should pay a pugree of rs. 60 a month for 5-ir months, which came to rs. 345. according .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-04-1949
Reported in : AIR1949Bom277; (1949)51BOMLR342
..... and justices humphreys and singleton issued a writ of certiorari holding that in issuing a certificate the local authority was doing a quasi-judicial act. section 31 of the mental deficiency act imposed a duty upon the local education authority to ascertain that children were incapable by reason of mental defect of receiving benefit or further ..... has an immunity at all, that immunity must be found expressly in some statute or legislation. for that purpose reliance is placed on section 306 of the government of india act. under this section, no proceedings whatever shall lie and no process whatsoever be issued from any court in india against the governor of a province, whether ..... the view that that in capacity also applied to the presentation of a petition.13. it is interesting to note that the corresponding section in the government of india act, 1915, section 110, gave immunity not only to the governor but to the members of the executive council and also subsequently by an amendment to the .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-11-1949
Reported in : (1949)51BOMLR635
..... above, is valid, no need arises for considering the further question whether the view of the trial court that the proceedings were validly commenced under act i of 1865, under section 2 of the act of 1879, were carried over as 'pending' to be completed under the code (as they were completed by assessments in 1886) is right.52 ..... it.' the acceptance by government would include the required authorization by the government.48. as regards the sanctions, their lordships think that rule 89 read with section 102 of the act would require notification of the sanction in the gazette only in cases where the assessment has been fixed for a term of years. in. cases like the ..... the provisions of chapter viii to their villages was made to the government, and that the governor in council authorised such extension; and that sanction under section 102 of the act was granted and was notified as required by the rules. these the plaintiffs have failed to prove by direct evidence. it is true that the government .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-11-1949
Reported in : (1949)51BOMLR770
..... judgment in vellaiyappa chetty v. natarajan (1931) l.r. 38 indap 402 has stated that verses 1 and 2 inc. i, section 12 of the mitakshara, which relate to a sudra son make no mention of maintenance where the father has left no property to ..... a concubine possessing a peculiar status therein.in roshan singh v. balwant singh their lordships, after referring to the third verse of section 12 of the mitakshara, which deals with the rights of an illegitimate son of a father belonging to the higher castes, stated ..... the position assigned to an illegitimate son of a sudra by the texts. mitra misra in the viramitrodaya (c. ii, pt. ii, section 23, shastri's translation, ed. calcutta 1879, p. 130) has interpreted the texts thus:from the use of the term 'a person ..... 51 : 2 bom. l.r. 529. in hargobind kuari v. dharam singh i.l.r. (1884) all. 329 in accordance with the last sentence in the third verse in section 12 of the mitakshara it was held that an illegitimate son was entitled to maintenance so long as he .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-14-1949
Reported in : (1949)51BOMLR952
..... be framed, and this was subsequently done.11. on january 19, 1939, the appellants filed a petition o.p. no. 15 of 1939 purporting to be under section 84(2) of the act, asking for a declaration that the order of the respondent dated january 19, 1938, was without jurisdiction and void, to have that order set outside, and for a ..... narayana objected to pay on the ground that the temple was a private one.6. on january 15, 1931, the respondent, having decided to hold an inquiry under section 84 of the act, served a notice on n.s. narayana informing him that his contention that the temple was a private one, would be heard by the board on february 26, ..... sheo buksh singh (1884) l.r. 11 indap 237 the privy council made the following observation upon section 622 of the former code of civil procedure which was replaced by section 115 of the code of 1008 (p. 289):the question then is did the judges of the lower courts in this case, in the exercise of their jurisdiction, act illegally or with material .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-1949
Reported in : AIR1950Bom144
..... ariff 39 i. a. 237 : 40 cal. 1 p.c.. in that case a certificate of incorporation of a company issued under section 41, companies act, 1882, (corresponding to section 24 of the act now in force) was sought to be challenged. the circumstances of the case were somewhat unusual. a wealthy gentleman wishing to transfer his property ..... requisitions which require legal determination in my opinion their lordships wore not dealing with this question. one of the requisites that a company must satisfy under section 5, companies act is that its objects must be lawful. can it be said that if a company was formed for unlawful objects the certificate of registration can prevent ..... to a contrary conclusion. in support of his contention he drew my attention to the definition of 'evidence' in section 3 and of 'conclusive proof' in section 4, evidence act and also to section 112 of that act which provides that the birth of a child during marriage is conclusive proof of legitimacy. i must confess my inability .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-1949
Reported in : (1949)51BOMLR997
..... such facts since these are not matters of evidence. notwithstanding the proviso, therefore, the legal concept of vacancy is still left for objective determination and the act of requisition under section 6 is quasi-judicial.16. i am free to confess that during the course of a long, interesting and full argument my mind wavered a good ..... which require legal determination? in my opinion their lordships were not dealing with this question. one of the requisites that a company must satisfy under section 5 of the companies act is that its objects must be lawful. can it be said that if a company was formed for unlawful objects the certificate of registration can ..... .r. 39 indap 237 : 17 bom. l.r. 1211. in that case a certificate of incorporation of a company issued under section 41 of the indian companies act, 1882, (corresponding to section 24 of the act now in force) was sought to be challenged. the circumstances of the case were somewhat unusual. a wealthy gentleman wishing to transfer his .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-27-1949
Reported in : AIR1951Bom205; (1950)52BOMLR688
..... not exist therein for the purpose of giving effect to the obvious intention of the legislature.8. i may incidentally refer to the provisions of section 9, income-tax act, 1922. under that section tax on property is payable by an assessee in respect of 'property consisting of any buildings or land pertaining thereto of which he is the ..... belongs to thelessee and not to the lessor.4. but it is urged in this case that although this may be the correct position under section 108(h), t. p. act, the act applies to cases where there is no agreement to the contrary. i have, therefore, to consider the provisions of the agreement to lease as well ..... ownership of' though not necessarily 'of the absolute ownership of.' these words have been interpreted in cases that have arisen for determination in the english courts under section 557, merchant shipping act, 1894, which provides that if salvage services are rendered by any ship 'belonging to her majesty' no claim shall be allowed for any loss, damage, etc .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-17-1949
Reported in : (1949)51BOMLR955
..... (1866) 5 w.r. (cr) 80 that the law relating to accomplice evidence was the same in india as in england. then came the indian evidence act which by section 133 enacts thatan accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of ..... of an accomplice supported only by the confession1 of a co-accused. their lordships whilst not doubting that such a conviction is justified in law under section 183 of the evidence act, and whilst appreciating that the coincidence of a number of confessions of co-accused all implicating the particular accused, given independently, and without an opportunity ..... a confession of a co-accused is obviously evidence of a very weak type. it does not indeed come within the definition of 'evidence' contained in section 8 of the evidence act. it is not required to be given on oath, nor in the presence of the accused, and it cannot be tested by cross-examination. it is .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-22-1949
Reported in : AIR1949Bom402; (1949)51BOMLR788
..... mr. dharap, the provisions contained in the consent decree do not and cannot constitute a lease because they do not conform to the provisions of section 107 of the transfer of property act. that section lays down the mode of making leases mentioned therein and it provides that 'a lease of immoveable property from year to year, or for any ..... . but the executing court must give effect to the provisions of the law, and one of the provisions of the law is that contained in section 49 of the indian registration act which will not permit any document which is com-pulsorily registerable and which has not been registered to affect any immoveable property comprised in that document.8 ..... all leases are compulsorily registrable we cannot cut down that directive of the legislature and apply it merely to leases of a particular kind enacted in section 107 of the transfer of property act.5. there seems to be no reason in principle why a lease cannot be made by parties arriving at a compromise of a suit and .....
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