Court : Kolkata
Reported in : 85Ind.Cas.231
..... were committed. whether the offences were separable or not, so as to justify the application of section 71 of the indian penal code, is outside the purview of this enquiry. they may have been committed by one single act or set of acts, but the result has been seven different offences. that they are distinct offences cannot for a ..... moment be doubted. even under the code of 1898 wherein in section 35 there was some apparent ambiguity in the meaning of the expression 'distinct ..... rather than to declare what are to be distinct offences.' by act xviii of 1923, the explanation and the illustration have been deleted; and there is nothing to suggest now at any rate that separate or different offences are not distinct offences. the first part of section 233, cr. p.c., lays down that for each distinct offence .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom266; (1934)36BOMLR510
..... subordinate judge at poona. then on november 3, 1917, shankar died. on march 26, 1919, the decree-holder made an application (no. 49 of 1919) under section 39 of the civil procedure code for transfer of the decree for execution to the dhulia court. this application was made in ignorance of the death of the judgment-debtor. notice was ..... to that in madho prasad v. kesho prasad, especially in view of the general principle approved of by this and other high courts that these provisions in the limitation act should be construed liberally in favour of the judgment-creditor-see haridas nanabhai v. vithaldas kisandas, and vishvanath v. narsu (1920) 23 bom. l.r. 107 mr ..... office and thereupon to execute the decree by attaching the land, is a step-in-aid of execution within the meaning of the corresponding provision of the indian limitation act of 1877. the learned trial judge, therefore, allowed the application holding that the decree was not time-barred.4. on appeal to the district court of poona, .....
Tag this Judgment!Court : Mumbai
Reported in : 3Ind.Cas.124
..... a decision of the kind in ahmedbhoy's 'case .011 the second question which their lordships set themselves to consider could not be, within the meaning of section 11, a final decision of that question, then substantially and materially in issue between the parties. had it been and had the defendant in that suit ..... fot joining parties who have registered claims against a property to be sold, in a suit between vendor and purchaser. and it does appear that those special acts contemplate in special circumstances a departure prom, the perfectly well-established rule that in suits for specific performance between vendor and purchaser, third parties cannot be brought ..... . is plain and, intelligible. it may, however, be conjectured, though this is a very diffident conjecture, that where within the scope and operation of these acts, there is a formal registry of rights, and where upon an intended sale it is found that adverse rights have been registered against the property, the ascertainment of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom54; (1934)36BOMLR738; 152Ind.Cas.715
..... the maintainability of the suit in its present form, the suit is not an ordinary suit for redemption but is brought as a special suit under section 15d of the dekkhan agriculturists' relief act, claiming a relief for account and re-opening the mortgages. at the same time the substantial claim made is to recover possession of the property ..... ownership of the other party at the date of the former party's death. this arrangement does not, in my opinion, come within the prohibition of section 52 of the transfer of property act.37. this concludes all the objections to the trust-deed which, i hold, is binding on the present plaintiffs.38. if the trust-deed is ..... bano i.l.r.(1919) all. 385 in order to appreciate this argument, it is necessary to examine the provisions of law on that point. section 28 of the indian registration act, 1877, provides that every document requiring to be registered shall be presented for registration in the office of a sub-registrar within whose sub-district the whole .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR474
..... the lease came to a termination by efflux of time or. by operation of law on the happening of events contemplated in clause (c) of section 108 of the transfer of property act. was this obligation performed by the defendant? the answer must clearly be in the negative. when the fire took place, the godown was filled with ..... not quite clean possession of the godown, at all events vacant possession. quite independently of the provisions contained in clauses (m) and (q) of section 108 of the transfer of property act, there is abundant authority from very old times for holding that a tenant is bound to restore possession of the premises to his landlord, when his ..... independently of the fire, should all be obliterated because the tenant chooses to exercise the option given to him under the clause. mr. inverarity pointed to section 65 of the indian contract act, the provisions of which, he said, were sufficient to entitle the party who has a claim to enforce it, as an advantage under the lease .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR2Bom19
..... would, i think, have had jurisdiction, because, for the reasons already given, it does not 'relate' to 'landed or other real property' within the 3rd section of that act, and the objection made successfully in the former suit, that the sea off yerangal is not within the local jurisdiction, must have failed in this suit, constituted as ..... that the claim, which he put forward, was for an incorporeal hereditament, and, therefore, that the county court (in which the action had been brought) was, by section 58 of act 9 and 10 vic., c. 95, deprived of jurisdiction to entertain the action, but the court said: ''hereditament' is defined in the text books to signify ' ..... plaintiffs exists? and(5) whether the defendants have caused any injury to the plaintiffs, and if so, what damages should be awarded?4. he held that, under section 5, act viii of 1859, the court had jurisdiction to try the suit, the defendants dwelling within its jurisdiction; but that the suit itself was barred by the previous one .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR621
..... liability, because it was after the sons had lost their right. ramdas admits that even then his father made conflicting statements. under these circumstances, under section 28 of the limitation act, the right of the sons to the ornaments became extinguished at the determination of the period within which they ought to have sued but did not sue ..... title occasioned by the claim of his sons and grand-sons in repudiation of the release; and in such a case, a suit for bare declaration lies, under section 42 of the specific relief act. (hem chunder sanyal v. sarnamoyi debit ilr (1894) cal. 354; raja rampal singh v. balbhaddar singh (1902) i.a. 203, 4 bom. l. ..... s.) is silent as to it. the first respondent chabildas having waived all objection to the admissibility of evidence in support of the oral promise under section 92 of the indian evidence act, evidence was let in the court below. but that evidence hardly bears examination. ramdas alone speaks to the oral promise of his father; the latter .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom134; (1950)52BOMLR189
..... to assign the debentures in favour of the appellant once he paid the first instalment of rs. 2,50,000/-. the provisions of section 227 of the indian companies act and of section 168 of the same act to which reference was made by mr. seervai, in my opinion, have no bearing whatsoever on the true situation as disclosed by the ..... the notice, while the rule required the debtor to file an affidavit about a counter-claim within seven days and was in conflict with the amended section of the presidency-towns insolvency act.34. i am not impressed with the first contention of the learned counsel for the appellant that the appellant had not committed any default in ..... it was urged that in the situation created by the presentation of the petition for winding up the respondent-company, the appellant was protected by section 51 of the indian contract act which lays down that if one of the reciprocal promises cannot be performed the other promise need not be performed. there having been thus no default .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom124; (1936)38BOMLR1137
..... purposes of the sansthan.the committee may, with the previous sanction of the district judge, poona, invest any unexpended balance in the government securities mentioned in section 20 of the indian trusts act, 1882 (ii of 1882).15. the committee shall not keep in their hands more than rs. 1,000 at a time to meet the current expenses ..... course, in terms apply. i refer by way of analogy to the general conditions on which trustees may be appointed and may hold their office. section 71, clause (c), of the indian trusts act, specifically provides that the trustee may be discharged from his office by such means as may be prescribed by the instrument of trust. on principle ..... or negligent. in cases of breach of trust however the explicit direction of the law would apply and the complaining party would have to have recourse to section 539 (now section 92) of the g>de. so far as the present application is concerned we think that the district judge exercised a right discretion in rejecting it since .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom52; (1936)38BOMLR1181; 166Ind.Cas.736
..... the occupier are convicted, the aggregate of the fines inflicted in respect of the same contravention shall not exceed this amount.the term ' occupier ' has been defined in section 2 of the act as the person who has ultimate control over the affairs of the factory. the proprietor, accused no. 1, will under this definition be an occupier of the factory. the ..... hour between 9 p. m. and 10 p. m. as the period of rest. the accused were accordingly prosecuted for breach of the provisions of section 42 of the act, which lays down that no adult worker shall be allowed to work otherwise than in accordance with the notice of periods for work for adults displayed under sub ..... , 1935, inspector kagal visited this factory and found several men working therein at 9-30 p. m. the notice of the periods of work maintained for this factory under section 39 of the act showed that the working hours for the night shift were from 6 to 9 p. m. and again from 10 p. m. to 4 a. m. with an .....
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