Court : Mumbai
Reported in : (1911)13BOMLR1097; 12Ind.Cas.871
..... it intended the term should convey, having regard to the constitution and objects of government in and the special needs of this country. by clause 3 of section 6 of the act, the legislature has directed that a declaration by government that a certain land 'is needed for a public purpose' shall be 'conclusive evidence' that it is ..... and cannot be safe guides in the present case, where different considerations have to be taken into account. those were decisions upon the interpretation of a section in the poor relief act of 1601 (43 eliz. clause 2), according to which the test for determining whether a particular property is liable to the rate there contemplated is that ..... determining what is beneficial occupation, the english courts have gone on to consider whether the occupation is for a public purpose, a term which does not occur in the section of the statute. but the rule of law to be deduced from them, as now prevailing, is that there is no beneficial occupation for the purposes of rating .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR332
..... . the question we have to decide is : is this view correct? it is admitted that the deputy collector in passing the said order purported to act under section 37 of the land revenue code, which runs thus :-all public roads, lanes and paths, the bridges, ditches, dikes and fences, on, or beside, the same, the bed of the ..... been in peaceful occupation thereof and not of the government, and passes an order with reference thereto, he is not dealing with that land in his official capacity, but is acting ultra vires. if this is so, then the judgment of jenkins, c. j., in surannanna v. secretary of state for india (1900) i. l. r. 24 bom. 435, 441 is ..... ilr (1900) 24 bom. 435. the plaint was filed on the nth of august 1908, and the defendant has raised a plea of limitation, under article 14 of the limitation act of 1877. the plaintiff in his plaint says that he unsuccessfully filed before the revenue authorities appeals against the district deputy collector. but we agree with the learned judge's .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR1020; 17Ind.Cas.722
..... doubt of the correctness of mr. dastur's contention on behalf of the plaintiff that he is not compelled to invoke the aid either of section 19 of the limitation act, or section 25 of the indian contract act, but that if the sums of money shown in exts. e and k were actually debts due to him (whether time-barred or not) ..... that is to say, analysis reveals that what has been done between the parties is something more than a mere agreement to pay in future (which is what section 25 of the contract act sanctions in the case of an otherwise time-barred debt). by the deposit of title-deeds as security for debt whether time barred or not, the equitable mortgagor ..... time-barred at the time putlibai acknowledged it in laxman's book, ex. k. so that even were putlibai at that time authorised to sign for parvatibai, section 19 of the limitation act could not help the plaintiff. nor can the acknowledgment of this debt, time-barred at the time it was so acknowledged, be an agreement within the meaning of .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR1169
..... -drain-pipe, which for the purposes of this reference must be assumed to have been laid by the municipality prior to the coming into force of the municipal act.2. under section 3 of the act ' private street ' is defined as a street which is not a public street, and 'public street' is defined to mean any street heretofore levelled, paved, ..... a trench or channel through which water flows.4. on these grounds it seems to us impossible to limit the meaning of the word ' sewer ' in section 3 of the municipal act in the manner desired by the petitioner. we think on the authorities to which we have referred that the word must bear the wider signification and must refer ..... the owner of certain property which abuts on a street, this street connecting with the tardeo road on the one side and sleater road on the other. under section 305 of the act a written notice was served upon the petitioner requiring him, among others, to level, metal or pave, drain and light the street running by his premises. that .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR315; 19Ind.Cas.507
..... is no more likely than the theory of his innocence.5. on behalf of the municipality recourse was sought to be had to the provisions of section 122 of the municipal act. but in our opinion those provisions do not assist the municipality for they do not contain what alone would justify the municipality's action in this matter ..... but if in fact and in law the functions in the discharge of which he was obstructed were not public functions, then no offence can be committed under this section. 4. it is plain that the functions would not be public functions if they fell wholly outside the jurisdiction or authority which he as a public officer now ..... that it was their property and that the public road-way began beyond the gutter.2. on the 20th september 1911 the municipality prosecuted the petitioners under the municipal act for an alleged encroachment upon this strip of land. the prosecution was unsuccessful, the petitioners being acquitted. then on the 31st october 1911 the chief officer of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR101; 19Ind.Cas.167
1. we agree with the learned district magistrate that the math in which the card-playing in this case was carried on cannot be regarded as a public place within the meaning of the bombay prevention of gambling act iv of 1887. we must, therefore, set aside the convictions of the accused and direct their acquittal and discharge. the fines, if paid by them, should be refunded to them.
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR331; 20Ind.Cas.143
..... of the convictions and sentences of the other three accused, and he very candidly admits that there is nothing. in these circumstances we think we may safely act under section 439, criminal procedure code, without going through the formality of issuing notices and having a further hearing. we therefore direct that the conviction and sentence of accused no. ..... be there with quite innocent intentions and out of curiosity may pause to watch what is going on. before any conviction could properly be arrived at under section 12 it is obviously essential that the accused persons should be shown by evidence to have been actually taking part in the gambling. it is conceded here that ..... magistrate owing to a subconscious importation of the presumption mentioned in a. 5. but the reason underlying that presumption has no applicability at all to cases under section 12. it ought to be obvious to anyone who takes the trouble to reflect that in the case of a gaming-house, which is not a public place .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom288; (1913)15BOMLR405; 20Ind.Cas.469
..... deposit-money, and no claim under the contract, and the vendor may sell as he pleases to any one else. the law in india is contained in section 55 of the contract act under which in order to render a contract voidable on failure to perform a particular promise at or before a specified time it is necessary that an intention ..... the transfer of his parbhadevi property to the defendant, he was still in want of money and suggested on the 22nd of september that for the balance the defendant should finance him by taking a mortgage upon certain terms. there are various other indications in the correspondence that the defendant's real difficulty was in finding money to complete his ..... of the recitals or of the defendant's assurances. after the 1st of september 1911 the subject was not again referred to by little and co. as long as they acted for the purchaser. on the 5th of september they wrote that the assignment from the vendor was being prepared and when ready would be sent for approval, and on .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom312(2); (1913)15BOMLR724; 20Ind.Cas.844
..... whether the date be the 22nd of november or the 15th of december, the owner was still in ostensible ownership within the meaning of section 34 of the merchants shipping act (corresponding with section 70 of the english act) and within the scope and principle of the decision in collins v. lamport (1864) 34 l.j. ch. 196. and, next ..... if not then it follows that the suit would immediately be restricted to an ordinary suit for damages against the defendant no. 3, ghulam hussaiu issaji. section 57 of the specific relief act is no doubt intended to give legislative effect to a group of english cases, of which, in the domain of personal service lumley v. wagner (1852 ..... arc not filled in until the preceding voyage is completed. the defendants' contention appears to rest upon section 93 of the indian evidence act read along with section 29 of the indian contract act; but in my opinion neither of those section latias any applicability at all to a case of this kind. looking to the essence and not to .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR853
..... the agreement would relate back to the time when the settlement was in fact made. the authorities charged with the execution of the duties imposed by section 8 of the act do not appear to have considered that the delay which had occurred in the signing of the kabuliat affected autar singh's rights in the properties settled ..... oudh, such decree not having been appealed from within the time limited for appealing against it, or, if appealed from, having been affirmed.13. section 8 provides that :-within six months after the passing of this act, the chief commissioner of oudh . . . shall cause to be prepared six lists, namely :-' first--a list of all persons who are ..... him as malguzar, he was, in fact, included as a taluqdar in the general lists prepared under the section, and the property of ranimau was entered against his name as the estate in his possession. section 10 of the act provides that 'the courts shall take judicial notice of the said lists and shall regard them as conclusive evidence .....
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