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 : Nov-25-1949
Reported in : (1950)52BOMLR591
..... there is, in our view, no irreconcilable conflict here such as would necessitate recourse to the principle of federal supremacy laid down in section 100 of the constitution act. section 14-b does not purport to restrict or prohibit dealings in liquor in respect of its importation or exportation across the sea or land ..... were made by the government of india (adaptation of indian laws) order, 1937, to bring its provisions into accord with those of the constitution act as provided for in section 298 thereof. one of such modifications was the substitution of new definitions of the expressions 'to import' and 'to export.' whereas these expressions previously ..... on her behalf were rejected and the conviction and sentence were confirmed, but in view of the constitutional question involved a certificate under section 205(1) of the constitution act was granted. the appellant has accordingly brought this appeal to have that question determined by this court.3. to appreciate the arguments advanced .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-22-1949
Reported in : (1950)52BOMLR474
..... parties, their application to intervene therein having been rejected. but in spite of this their lordships are of opinion that it is admissible under section 18 of the indian evidence act. the weight to be given to it must depend on all the circumstances, although their lordships do not accept the view held, apparently, by the ..... ought to be accepted as binding by the comity of nations. it is argued that as the judgment of the french courts does not fall within section 41 of the indian evidence act it is not admissible at all.8. it is true that the judgment in question was given in proceedings to which the present appellants were not ..... adoption. there were, in their lordships' view, a number of circumstances in the contemporaneous and subsequent behaviour of the parties from which the performance of the necessary acts could be and was properly inferred, particularly in dealing with events which had taken place as long ago as 1906. reliance was placed by the appellants on evidence .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-14-1949
Reported in : (1950)52BOMLR467
..... not yet statute barred. but it appears to them that it is difficult to apply this principle unless the acknowledgment is such as to satisfy the conditions of section 19 of the indian limitation act. it must be in writing and it must be signed. these conditions were not in the present case satisfied. their lordships are accordingly of opinion that ..... be sustained. for apart from any other reason for rejecting them it is conclusive that the high court thought fit to take advantage of the provisions of the orissa moneylenders act, to reopen the whole of the transactions which culminated in the hand note of november 8, 1934, and to allow simple interest at 12 per cent, per annum up ..... before doing so it is necessary to note that during the pendency of the appeal from the subordinate judge to the high court the provisions of the orissa moneylenders act (orissa act iii of 1939) were extended to sambalpur and that the appellants claimed in the high court that they should have the benefit of this .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-05-1949
Reported in : AIR1950Bom321; (1950)52BOMLR349
..... thereby and in clause 2 that the application for an order for possession by such a person even though he had not obtained possession is itself an act of trespass. section 47 shows that a suit for compensation for such trespass is to be filed in the high court; it also provides how proceedings in the small cause ..... such order, entitled to the possession of such property. therefore, in spite of an applicant being successful in getting an order for possession of the property under section 43 of the act, it is fully open to the occupant if he deems himself aggrieved by that order, to file a suit and satisfy the court that the applicant was ..... the opponent continued to remain in occupation, and thereupon the trustees filed an application in the small cause court, being application no. 11080 of 1948, under section 41, small cause courts act, slating that the opponent was in occupation purely by leave and license, and that the license had been revoked both by the undertaking he had given and .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-04-1949
Reported in : AIR1950Bom289; (1950)52BOMLR301
..... urged by mr. desai for the plaintiffs, that the bequests to sisters were of present rights, the enjoyment of which was postponed till the death of the widow. section 119, succession act, provides that:'where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper ..... time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest.'the explanation to this section states that:'an intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment ..... in terms apply to the present case because the will was made in 1895, but the principle of this section has always been recognised by hindu law, see note no. 10 to section 19 in sir dinshah mulla's transfer of property act, 1949 edition. the principle was applied by the privy council in a case decided under the hindu law as .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-30-1949
Reported in : AIR1950Bom243; (1950)52BOMLR236
..... functions of a collector under this act. section 4 of the act provides for the publication of a preliminary notification if the local government is of opinion that any land is needed for any public purpose. it also ..... . in order to determine whether the government has any locus standi in these proceedings, it is necessary to consider the provisions of the land acquisition act. under section 3(c) of that act the expression 'collector' has been defined as meaning the collector of a district and any officer specially appointed by the local government to perform the ..... at the rate of 4 percent per annum. all these provisions to my mind make it abundantly clear that after the government has made a declaration under section 6 of the act, they drop out of the proceedings completely and it is only the collector who is entitle to appear on the reference.3. mr. banaji on .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1949
Reported in : AIR1950Bom213; (1950)52BOMLR62
..... , the petitioner applied to the chief presidency magistrate for the return of this deposit under section 7 of that act and the learned chief presidency magistrate made an order on 26th july ordering the refund of the deposit. in the meanwhile, an order was issued by the ..... bombay dated 20th july calling upon the appellant to cease publication of his paper from 23rd july to 22nd september 1949. this order was issued under section 9a, bombay public security measures act, 1947, and it is this order that is complained of by the appellant and it is with regard to this order that a writ of certiorari ..... declaration before the chief presidency magistrate and the chief presidency magistrate made an order calling upon him to deposit a sum of rs. 1,000 under section 7 (1), press (emergency powers) act. this was some time in april 1949, and the petitioner carried out the order by making the necessary deposit. in the third week of july 1949 .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1949
Reported in : AIR1950Bom260; (1950)52BOMLR294
..... decree to the collector the judgment-debtor made an application to the court which passed the decree, for payment of the decree by instalments under section 11, central provinces money-lenders act. the court entertained the application and ordered the stay of the proceedings before the collector. the stay order, however, was not communicated to ..... c. the sale was held by the collector but before it could be confirmed, the judgment-debtor made an application to the court under section 5, united provinces agriculturists' relief act and prayed that the execution proceedings may be recalled from the collector. the court entertained the application and sent an order to the collector ..... to an order passed by an executing court in respect of the stay of execution by the collector. when the proceedings are transferred to the collector under section 68, civil p. c., the collector gets jurisdiction to proceed with the sale in accordance with the directions contained in schedule iii, civil p. c. .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-15-1949
Reported in : AIR1950Bom77; 1950CriLJ662
..... was no compliance with that order even on 28th september 1943 and it follows that when the appellate magistrate summarily dismissed the appeal, he could not have acted under section 431, criminal p.c., because that section postulates the perusal of a copy of the judgment. this was the view of bennet j. in emperor v. bansgopal : air1934all206 in which he made ..... 288: 30 cri l. j. 749 that where a criminal court dismisses an appeal for default of appearance, it is not a judgment and that the judgment contemplated by section 869 is a decision on the merits.8. on this view with which i am in respectful agreement, the appellate magistrate's order in the present case may be regarded ..... appeal was due to the non-filing of the judgment for the reason that the appellate magistrate made no reference of any kind to the merits of the appeal.7. section 419, criminal p.c. lays it down that every petition of appeal shall, unless the court to which it is presented otherwise directs, be accompanied by a copy .....
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