Court : Mumbai
Reported in : (1907)9BOMLR230
..... which forms the subject of the charge, exceptions having been taken to the accuracy of that which accompanied the record. the charge against the accused is one under section 500, indian penal code, of defamation. the alleged defamatory imputations are contained in a pamphlet which the present appellant admittedly wrote as an answer to certain criticisms written ..... contention of the appellant's counsel is that whatever imputations are made in the passages cited in the charge, fall within the 3rd. 6th and 9th. exceptions to section 499 of the indian penal code, that is to say, it is contended that those passages either express an opinion in good faith respecting the character of the complainant ..... whether fair comment is to be regarded as falling under a branch of the law of privilege or not, it cannot excuse an injury arising not from the mere act of criticism, but from a state of mind in the critic which is in itself unjustifiable. and the excuse may be so forfeited either by reason of an .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR229
..... stolen, or that the hemp found in the possession of the accused was hemp belonging to the complainant no presumption against the accused can be legitimately drawn under section 114 of the evidence act. it is admitted that there is no evidence admissible and believed by the convicting magistrate either to establish short delivery by the accused or theft of any portion .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR514
..... . he alleges that there is no resolution binding upon him or the defendants or the caste. his legal character being denied, he is entitled, according to section 42 of the specific relief act, to institute a suit '''against any person denying' such character. because there are other persons than those sued, who also are denying the right, it ..... to accede to mr. setalvad's prayer for the reasons briefly recorded by me at page 20 of my notebook no. 7 of 1906. the last paragraph of section 180 of the civil procedure code applies to the prayer. mr. lowndes, who conducted the plaintiffs case, not only never intimated his intention to reserve his evidence by way of ..... it was taken in fact after the evidence for the defendants had closed and in the learned advocate-general's address, summing up their case in reply. according to section 34 of the code of civil procedure, all objections for want of parties shall be taken at the earliest possible opportunity and in all cases before the first hearing .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR695
..... show that there was any such complaint the district magistrate is not examined. when a magistrate, first class or other officer mentioned in section 6, himself does the acts specified in els. 1 to 3 of the section, instead of issuing a special warrant, he must give evidence, because he supplies the place of the warrant and the warrant is a ..... magistrate were not called, it was so much the better for his clients, because in that case there would be no proof that the district magistrate had acted upon such a complaint as section 6 requires and it was for the prosecution to adduce such proof, then again, where a magistrate, first class, himself makes an arrest and seizure ..... under section 6 of the act, he must himself 'enter' the 'house, room, or place,' with, of course, the assistance of such persons as may be found necessary. here the finding of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR675
..... declarations appearing in the bombay government gazette-of the 21st september 1905, the 5th october 1905, the 12th october 1905, and the 21st december 1905 respectively-under section 6 of the land acquisition act (i of 1894) the local government notified its intentions of acquiring a large quantity of land at sewree at the expense of the trustees of the bombay port ..... means conclusive and i should have been better pleased if those sales had been more critically analysed. however it is quite clear from the cases reported under the land acquisition act that the tendency is for the courts to rely far more on evidence of sales than on expert opinion. in dealing with the evidence of sales in this case, i .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR210
..... is far wider than the range of res judicata. it is too commonly assumed that in this country the whole law of estoppel is contained within three sections of the indian evidence act, the first of which states broadly the general ground, the other two give particular illustrations, of the principle and its operation. the words 'a thing ..... whether in western india at any rate, the widow might not be held to have much larger powers of disposal over movables than immovables inherited from her husband. see section 598, right up to harilal v. pranvalavdas ilr (1888) 16 bom. 229 he states that there was a stong current of authority in favour of these larger ..... brother, a solicitor, to whom she would have naturally gone for advice. all that happened was that both sides were equally mistaken about the legal consequences of the acts they contemplated, that they both equally, in bona fide ignorance, used terms which did not bear the legal meaning they thought they did. further that no additional weight .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR636
..... in the correspondence above referred to could justify the decree appealed from in its present wide and unrestricted form. now by section 231 of the above mentioned indian act of 1866 and section 256 of the above-mentioned act of 1882, the appellant bank is expressly exempted from the operation of each of those statutes.8. there is no ..... absolute and unqualified as is that conferred on the shareholders of joint stock companies in this country by section 32 of the companies act, 1862, or in india by section 31 of the indian companies act, 1866, and section 55 of the indian companies act, 1882.5. it must be taken that the appellants refused to recognize this absolute and unqualified right ..... share in the appellant company, the bank of bombay, one of the banks incorporated in 1876, by the indian statute of that year entitled the presidency banks act, 1876.3. it was suggested that the respondent purchased this share for the purpose of causing annoyance to the bank owing to the fact that some other .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR821
..... 225 pf 1887 (unrepprted) was a suit filed in this court against the municipal commissioner of bombay for acting under the powers vested in him by section 200 of the bombay municipal act 1872. that section, which corresponded with section 354 of the present act, enacted :if any house be deemed by the commissioner to be dangerous he shall immediately if it appears ..... .19. on the other hand mr. kirkpatrick relied on cooper v. the wandsworth board of works (1863) 14 c.b.n.s. 180. the 76th section of the metropolitan local management act, 18 & 19 vict. c. 120, empowered the district board to alter or demolish a house where a builder had neglected to give notice of his intention ..... 1908 the plaintiffs were served with a notice from the defendant, the municipal commissioner for the city of bombay (ex. a), requiring them, under section 354 of the city of bombay municipal act 1888. to pull down the whole of the first floor of the said house including the flooring and the roof and pull down or secure .....
Tag this Judgment!Court : Mumbai
Reported in : 3Ind.Cas.361
..... follows:the house in question has been examined by this department and certain portions of the same having been found in an unsafe condition, a notice under section 354 of the municipal act has been issued for the removal of the same.4. the solicitors may be informed that a month's time was given to comply with the ..... 225 of 1887) (unreported) was a suit filed in this court against the municipal commissioner of bombay for acting under the powers vested in him by section 200 of the bombay municipal act, 1872. that section, which corresponded with section 354 of the present act, enacted:if any house be deemed by the commissioner to be dangerous, he shall immediately, if it appears ..... .17. on the other hand mr. kirkpatrick relied on cooper v. the wandsworth board of works (1863) 14 c.b.n.s. 180. the 76th section of the metropolitan local management act, 18 & 19 vict. c. 120 empowered the district board to alter or demolish a house where a builder had neglected to give notice of his intention .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR994
..... that portion of the compensation which might be awarded for the buildings.4. in my opinion the collector should then have stopped the inquiry under the land acquisition act.5. by section 3 (a) the expression 'land' includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the ..... claimants can produce a prima facie title to receive the compensation. in case of dispute between claimants he can refer them to the court under section 30 of the land acquisition act 1894.8. instead of stopping the proceedings however the collector continued the inquiry regarding the market value of the land, without any objection taken by ..... term of years it is difficult to see how the government can take action under the land acquisition act if it desires to put an end to the term, unless the words 'the compensation payable for the land' in section 11 canbe paraphrased into compensation for those interests in the land which are not vested in government. .....
Tag this Judgment!