Court : Mumbai
Reported in : (1930)32BOMLR768
..... l.r. 8 c.p. 416, where the court had to construe certain bye-laws made by the local board of sunderland under the public health act, 1848, section 115, and the local government act, 1858, section 34, by one of which all party-walls, except in houses of one storey, were required, under a penalty of 40s., to be nine ..... 1927)29bomlr733 which i have already cited in another connection. fawcett j. said (p. 738):-we still have to consider whether the effect of the proviso to section 161(1) (of the act of 1901) necessitates a qualification, by enacting that the prosecution must be within six months of the time, when the alleged offence was first committed. sir lawrence ..... 20. as the prosecution was brought six months after the first commission of the continuing offence, for reasons i have already given, hold it was not competent under section 200 of the act. the: convictions and sentences should be set aside, and the fines, ii paid, b(c) refunded to the applicants.21. in revision application no. 461 .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR790
..... case, was of opinion that the arrest was not illegal as a hotel could be regarded as a public place within the meaning of section 12 of the gambling act. section 12 of the bombay prevention of gambling act is as follows :-a police-officer may apprehend without warrant-(a) any person found gaming in any public street, or thoroughfare, or in ..... , in our opinion, have been made the basis of the judgment in emperor v. hussein if that case was dealt with under the amended section.6. the words in the amended section 12 of the gambling act 'in any place to which the public have or are permitted to have access' would, in our opinion, include a hotel. the public ..... , j.1. this is a reference made by the sessions judge, surat, expressing an opinion that the conviction of the accused for an offence under section 12 of the bombay prevention of gambling act by the first class magistrate, surat city, is bad in law. the case is reported to this court for its consideration. the accused were arrested while .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom480; (1930)32BOMLR1128; 129Ind.Cas.399
..... magistrate unless the party applying for transfer has moved the district magistrate before coming to the high court. that was a case in 1904. but the present sub-section (8) of section 526 has been incorporated by the legislature since that date, and incidentally it makes it imperative on the magistrate to grant an adjournment if either the complainant or ..... passed on april 10, 1930, on an application made by the accused for time on the ground that he meant to apply to the high court for transfer under section 526 of the criminal procedure code. the order made by the learned magistrate was :-i grant shamdasani time until 3-30 p. in. on saturday to malts an application before the ..... . the question is whether in effect the accused can, be obliged to go first to the chief presidency magistrate for a transfer of the case under section 528, or whether he is under section 526 entitled to go to the high court direct. it may be, as stated by mr. velinker for the complainant, that the practice in the .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR1613
..... think, in the argument that the military might not be willing to come to their aid unless the ordinary laws and tribunals were abolished. no section of the army act or any other act has been cited to us to show that the military in india occupy in this respect a position different from that of his majesty's military ..... to the ordinance, the first question to be determined is whether it was validly made in exercise of the powers conferred upon the governor general by section 72 of the government of india act. that section, subject to certain restrictions which do not in this matter arise, authorises the governor general 'in case of emergency ' to make ordinances for the ..... the declaration of martial law on may 12 was justified, and for this reason. on may 15 the governor general at simla issued an ordinance under section 72 of the act reciting that an emergency had arisen in sholapur which made it necessary to provide for the proclamation of martial law in the town of sholapur and its .....
Tag this Judgment!Court : Mumbai
Reported in : 129Ind.Cas.596
..... to the ordinance, the first question to be determined is whether it was validly made in exercise of the powers conferred upon the governor-general by section 72, government of india act. that section, subject to certain restrictions which do not in this matter arise, authorizes the governor-general 'in case of emergency' to make ordinances for the peace ..... , in the argument that the military might not be willing to come to their aid unless the ordinary laws and tribunals were abolished. no section of the army act or any other act has been cited to us to show that the military in india occupy in this respect a position different from that of his majesty's ..... justice, and have little to add. unlike legislation in india, the validity of statutes of parliament cannot be questioned in the courts of british india, section 72, government of india act, empowers the governor-general to pass such ordinances in cases of emergency. it is argued for the petitioners that the omission of any word is such .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR1499
..... presidency magistrate, 6th court, mazagaon.barlee, j.10. i agree. granting that it is not necessary for a presidency magistrate to record evidence in a case under section 488,1 think that, when it appears to him that he cannot finish the case at one hearing and he finds that he is obliged to put off the ..... ) of the code of the criminal procedure is to be recorded in the manner prescribed in the case of summons-cases, and that manner is prescribed in section 355, and therefore, section 362 has no application. the magistrate was in error in not 'recording the memorandum of evidence and likewise in not writing a full judgment.4. the opponent ..... contends that section 355 has no application but rather section 362 (4), under which it is not necessary for the presidency magistrate to record evidence.5. the difficulty arises from the words 'a magistrate other .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1931Bom129
..... unlawful it is for them to prove that fact: they are stating an affirmative fact, and the burden is upon them to prove it, and reliance is placed on section 108, evidence act. apart from the answers which i have already suggested to the argument put in its first form, i think the answer to the argument in its second form is ..... to six months or with fine or with both. so that this subsection deals with the case of a person who is a member of an unlawful association or acts as such sub-section (2) provides that whoever manages or assists in the management of an unlawful association or promotes or assists in promoting a meeting of any such association or of ..... of the declaration is that those activities automatically cease, then the object of the legislature has been achieved. i do not think that the powers given by sections 16 and 17 of the act were intended to be used so as to make people liable to penalties for shaving been members of associations at a time when they wore lawful, and not .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom334; (1932)34BOMLR617
..... of mr. cooper that the order already obtained against the respondent firm is not binding on the firm, nor is it alleged that the admitted partners in the firm acted fraudulently or in collusion with each other against mr. cooper in purchasing these shares in the name of the firm. it is contended on behalf of mr. cooper that ..... cooper daveand co. the company has gone into liquidation and the official liquidator is the applicant. it is common ground that none of the notices under the indian companies act resulting in the order which is now sought to be executed against burjorji sorabji cooper was served upon him. the present summons is taken out under order xxi, rule ..... order xxi, rule 50(2), of the code of civil procedure, in which the applicant is seeking to enforce an order, made by this court under the indian companies act against the firm of cooper daveand co. who are respondents and contributory no. 74 herein, against one burjorji sorabji cooper on the ground that ha is a partner in .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR648
..... 10, 1980, and the accused were, therefore, convicted, first of all, of being in possession of contraband salt under section 47(c) of the bombay salt act, and, secondly, under section 17(1) of the criminal law amendment act in that they had by the possession of salt stamped with the name of an unlawful association assisted the operations of that ..... association. the learned sessions judge is of opinion that they were not liable to be punished twice for the same offence having regard to section 26 of the general clauses act, and that in this case they had been punished twice for the same offence.2. the first point to determine is whether there are really two ..... name of the gujerat prantik samiti, an association declared unlawful. they have been convicted of an offence under the bombay salt act, and also of one punishable under section 17(1) of the indian criminal law amendment act, xiv of 1908. there is no question as to the legality of the convictions. the doubt is as to the propriety .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR960
..... between him and the appellant.21. their lordships think that the view taken by the high court was right. it has long been held that in india agreements to finance litigation in consideration of having a share of the property if recovered are not per se opposed to public policy. they may be so if the object of the ..... it is for the person claiming the benefit of any such disposition to establish affirmatively that it was substantially understood by the lady and was really her free and intelligent act. if she is illiterate, it must have been read over to her: if the terms are intricate they must have been adequately explained, and her degree of intelligence ..... 1924. he analysed the evidence on both sides at considerable length and with obvious care. the respondent and kondayya impressed him as truthful witnesses. be felt himself bound to act upon the opinion of the expert that the thumb-mark was not that of the appellant. but, giving full weight to this consideration, he sums up the result of .....
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