Court : Mumbai
Reported in : (1878)ILR2Bom299
..... 51. in the second question the competition is no longer between a registered and an unregistered title. both are registered. sections 48 and 50 of the registration act, therefore, do not operate. what is left is section 47, under which 'a registered instrument shall operate from the time from which it would have commenced to operate if ..... enactment to provide that an earlier registered document should prevail against a later one unregistered. so, therefore, we think that the preference accorded in act xx of 1866, section 48, to registered contracts over oral ones, was meant to refer--could refer practically--only to prior oral contracts, and that the provision in ..... , such as those in the present case, is thus referred to their time of operation, apart from the registration act. they 'operate,' too, apart from the extinctive properties conferred on each of them by sections 48, 50 as against unregistered instruments. it seems to us that they must be weighed against each other according to .....
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom219
..... consequently, where that court has wrongly decided to the detriment of the subject only, but to the advantage of the revenue, there is no appeal--see court fees' act (vii of 1870), section 12, clause 1 and 2. perhaps the less said as to the equity of such an enactment, the better. a copy of the judgment of this court in that ..... for production of books is not merely ancillary to the taking of the account, and, therefore, not a distinct subject.7. the learned judge, in speaking of section 7, cl. iv., of the act, says that it is clear that the plaintiff cannot, under that clause, 'set any arbitrary valuation upon the relief sought.' it is not incumbent upon us now ..... power to reject the plaint, if not stamped in accordance with the valuation therein stated, it may be that, nevertheless, the concluding passage in clause iv, section 7 of the court fees' act is too express to admit of a limitation of the power of the judge to that duty, and leaves him the right to revise the valuation placed on .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom311
..... entered into with the plaintiff in his individual capacity, and not on behalf of the family, there was nothing on the face of the contract to show that he was acting on behalf of the family firm, and the plaintiff was entitled to sue alone-(see lindley on partnership, p. 477). in dularchand i.l.r. 1 all. 453 v. balramdas .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom12
..... . 511 and attorney general v. fellows 6 mad. 111. i think not. the applicant was not taken unawares. what happened was due to his own rashness (story's equity jurisprudence, section 250, note). no accident intervened such as a sudden event, or illness, or stoppage of means of communication. the applicant was under no compulsion to leave the courthouse: nor was ..... to appear was not such as can be called a bond fide mistake, and that the cases of the oriental finance corporation, limited v. the mercantile credit and finance corporation, limited 2 bom. h.c. r 267 and haradatri shrikisondas v. victoria finance and bullion association 3 bom. h.c. r o.c.j.. 60 do not apply in his favour to the ..... case being called on is his absence, that he was not 'prevented' from appearing when the suit was called on for hearing, and that he was absent by his own act. i therefore refuse to make an order to set aside the dismissal of his suit. .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom314
..... himself in respect of advances made or expenses properly incurred by him in conducting such business, and also such remuneration as may be payable to him for acting as agent.' this section merely declares the english law. adding the words concerning remuneration to the following passage from story on agency (pl. 350) the two statements of the ..... in the agent for all his commissions, expenditures, advances, and services in and about the property or thing entrusted to his agency.' with section 221 must be read section 171 of the contract act, which limits the right to a general lien,--that is to say, the right of parties to retain all goods in their possession as ..... purposes of the business.' the firm, as agents of this company, did what is often done by agents of companies in bombay. they furnished the current capital. they financed business. without their aid the company would have probably closed its doors for want of funds. messrs. ewart, latham & co., claim, then, a general lien for .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom681
..... of gaming within the meaning of bombay act iv of 1887, section 3,--an enactment which strikes at gaming, but not, in the preamble or elsewhere, at wagering or betting. he relies on tollett v. thomas l.r. ..... held to be an instrument of wagering, and to constitute the transaction, among the parties betting, a game of chance within the meaning of the act 31 and 32 vic, cap. 52, section 3. the advocate-general has argued that the appliance for measuring the rainfall constitutes the betting a game, and that the gauge is itself an instrument ..... of 1867 an exception is made in favour of certain horse-racing transactions: and the rule and the exception are substantially reproduced in section 30 of the indian contract act ix of 1872. the indian laws go no further than make wagering contracts void; they are not unlawful. the distinction is discussed fully in an unreported case .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom600
..... remain liable to prosecution.24. there is, however, a power in the crown, as representing the public interests, to prosecute by complaint before a magistrate and under section 144 of act x of 1875 the advocate-general may, with the leave of the government, exhibit to the high court informations for all purposes for which her majesty's attorney- ..... evidence of their guilt. the existence of such evidence is alleged in paragraph 3 of the complaint. the magistrate was bound to follow the interpretation of section 132 of the indian evidence act laid down by this court in queen empress v. ganu sonba i.l.r. 12 bom. 440 so long as that judgment remains not overruled. ..... a trial by members of both houses of parliament. the practice of public servants accepting presents or rewards is forbidden by the regulating act, 13 geo. iii, c. 63 section 23. again, 33 geo. iii, c. 52 section 62, enacts that the demanding or receiving of presents shall be deemed and taken to be extortion, and a misdemeanor at law .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom246
..... relief,' to my mind, ought to be understood as synonymous with the words 'any portion of the claim,' which are to be found both in section 7 of the act viii of 1859 and section 43 of act x of 1877. the word 'relief,' at least as used in this country, is not a term of exact or precise technicality, but simply ..... he is entitled to recover his share by partition. both the courts below have rejected his claim without going into evidence on the preliminary ground that under section 43 of the civil procedure code (act xiv of 1882) he is debarred from maintaining the present suit, because in the two previous suits he omitted to include the property for which he ..... remand the case for a decision on the merits.16. owing to the above difference of opinion, the case was referred to mr. justice chandavarkar, under section 575 of the civil procedure code (act xiv of 1882).17. p.p. khare for the appellant (plaintiff): the lands sought to be recovered in the previous suits were in the exclusive possession .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR22
..... dominant owners would have a right to enter on the premises of the railway company, the servient owners, to effect any repairs that might be necessary. see the indian easement act, section 24, and illustration (a) and oolebeck v. girdlers company (1876) 1 q.b. d. 234. the evidence shows there was such necessity at this time, the flow of ..... as it is not and cannot be used by the public in the same way as they are in the habit of using ' public streets ' and ' thoroughfares. railway act ix of 1890, section 122, provides inter alia ' if a person unlawfully enters upon a railway, he shall, be punished with fine which may extend to 20 rs.' and 'unlawfully ' seems ..... characteristics of, or bearing such a general resemblance to, a street or thoroughfare as to justify us in holding that it was a public place within the meaning of section 12 of the act, with which alone we are concerned.3. the conviction and sentence must therefore be set aside and the fine, if paid, refunded.russell, j.4. in this .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR312
..... such order as the circumstances of the case shall appear to him to require, provided that the same be not in excess of the powers vested in him by section 4 of this act.12. he is given an entirely free hand with regard to the remedy that he is to give. therefore the remedy in this particular suit will not be ..... course of law.'9. now the words there used are ' deprived of any use'. it does not say 'any use' such as is mentioned in the first paragraph of section 4 of the act, but 'any use ' which, i apprehend, must be taken to mean ' any use of roads or customary ways as well as any use of water from any wells ..... the use of this road to such an extent that he has been wholly deprived of the use thereof; and it is impossible to suppose that the second clause of section 4 of the act was intended to refer only to cases of partial obstruction when a person was wholly prevented from using the road.11. then the last paragraph of .....
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