Court : Mumbai
Decided on : Feb-19-1918
Reported in : AIR1918Bom148; (1918)20BOMLR591
..... suit appeared before mo for the trial of the preliminary issue, viz.,whether the defendants are protected from liability to the plaintiff under section 75 of the indian railways act, 1890v4. material portion of section 75 runs as follows :-when any articles mentioned in the second schedule are contained in any parcel or package delivered to a railway ..... parcel was bound to declare its value and contents and did not do so and the loss occurs then the question for determination is : 'does section 75 of the indian railways act, 1s90, give absolute protection to the railway company for loss under every circumstance ?' mr. setalvad for the plaintiff has contended that a. 75 does ..... the railway company to a person other than the consignee and as the loss occurred after delivery to the wrong person, i hold that section 75 of the indian railways act offers no protection to the defendant company and therefore the preliminary issue must be found against the defendants and in the negative. costs of the .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-21-1918
Reported in : AIR1918Bom89; (1919)21BOMLR85
..... the porebunder judgments incidentally only, and would not put them higher than instances in which the custom alleged has been recognized and which are thus admissible under section 13 of the indian evidence act.26. in the family of the plaintiff's husband (sea pedigree, exh. 13a) four instances are adduced which, it is contended, indicate that ..... no share from their brothers yet their husbands attested the partition deed. it is a case where memons trading in bombay retained property and connections with porebunder and acted according to hindu custom.50. instance no. 6 casaurn haji abu is rejected by the lower court. it should be considered with those of moti haji abu, ..... divided and with regard to whatever right the (releaser's) mother hawabai might have against the releases' property or against kassum abu's property.' ismail had been acting as moonim in bombay of kassum abu. the release mentions that kassum abu's daughter was to be married as well as three unmarried sons and the calculation .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-23-1918
Reported in : AIR1918Bom59; (1919)21BOMLR281
..... subject to those mortgages. the absence of such information would again tend to show that the mortgages would be discharged before completion. further under section 55(1)(g) of the transfer of property act the vendor is bound to discharge all incumbrances except where the property is sold subject to incumbrances.16. the above are the principal points ..... edn., vol. i, form 24, p. 522 and notes and mills v. united counties bank, limited [1912] 1 ch. 231so, too, under section 55(5)(d) of the transfer of property act the purchaser is bound to 'pay...the principal moneys due on any incumbrances subject to which the property is sold, and the interest thereon afterwards accruing ..... quite wrong not to abstract the second and fourth mortgages. the excuse given by mr. rustamji is that these documents were not in his possession and that he acted under the commissioner's directions. he some to have entirely overlooked the fact that an abstract is an abstract of title and not merely of documents in the .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-26-1918
Reported in : AIR1919Bom59; 50Ind.Cas.995
..... that this is, in way opinion, a mistaken conclusion.3. we agree that these two men must be convicted of offences under section 427, indian penal code, and section 26 of the cattle trespass act and that they should both of them undergo rigorous imprisonment for three months in each case and that the order as to fines should ..... reason, be regarded merely as a case of negligence. equally clearly any such case falls within the definition in section 425 of the indian penal code and within section 26 of the cattle trespass act. as regards the latter section, i may mention here that the sessions judge in appeal fell into an error in supposing that the operation of ..... the sessions judge of ahmedabad of two men who were originally convicted by the first class magistrate of nadiad for mischief under section 427 of the indian penal code, and also under section 6 of the cattle trespass act. the facts broadly are these. one day cattle belonging to the two accused were found in the nadiad association farm, .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-26-1918
Reported in : (1919)21BOMLR247
..... that this is, in my opinion, a mistaken conclusion.3. we agree that these two men must be convicted of offences under section 427, indian penal code and section 26 of the cattle trespass act and that they should both of them undergo rigorous imprisonment for three months in each case and that the order as to fines should ..... reason, be regarded merely as a case of negligence. equally clearly any such case falls within the definition in section 425 of the indian penal code and within section 26 of the cattle trespass act. as regards the latter section, i may mention here that the sessions judge in appeal fell into an error in supposing that the operation of ..... the sessions judge of ahmedabad of two men who were originally convicted by the first class magistrate of nadiad for mischief under section 427 of the indian penal code, and also under section 26 of the cattle trespass act. the facts broadly are these. one day cattle belonging to the two accused were found in the nadiad association farm, .....
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