Court : Mumbai
Reported in : AIR1935Bom16; (1934)36BOMLR1041; 155Ind.Cas.564
..... there is no real likelihood of this property being acquired. i do not feel satisfied, however, that that is so. the learned counsel referred us to various sections of the land acquisition act, but, as far as i can see, it is nowhere provided that the acquisition must follow within any limited time after the notification. difficulties might no ..... so as to entitle the defendant to refuse to complete the contract and accept the conveyance?the relevant provisions of the law are sections 55 of the transfer of property act and 25 of the specific relief act. section 55 provides:in the absence of a contract to the contrary...,(1) the seller is bound-(a) to disclose to the buyer ..... . chuttoo lall misser i.l.r.(1923) cal. 615 and ballard v. way (1836) 1 m. & w. 520. the calcutta case was decided under section 20 of the indian contract act because it was found that both parties to the contract were unaware of the fact that the property had been notified for acquisition. but obviously the position of .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR837
..... has been strongly contended that ramdhan and his heir are estopped by the provisions of section 115 of the indian evidence act (i of 1872) from questioning the adoption.29. that section runs as follows:-where one person has by his declaration, act, or omission, intentionally caused or permitted another person to believe a thing to be ..... true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself ..... of religious duties can be established by mere estoppel. assuming, however, that such a status can be established by applying the doctrine of equitable estoppel embodied in section 115, so as to affect the rights of persons other than the adopter, it is necessary to consider in the first place what actually happened in 1908 .....
Tag this Judgment!Court : Mumbai
Reported in : 4Ind.Cas.249
..... (infra.) that a party transferred to the side of the plaintiff from the side of the defendant is not a new plaintiff to whom the provisions of section 22 of the limitation act apply. in that conclusion we concur. we think that we should exercise our powers of amendment by putting the plaint in the shape in which the learned ..... in the possession of a hindu family. thus it results from its attachment to the office according to the decisions of this court which are recognised in section 5 of the vatan act and the vatandar is entitled to alienate the land for the term of his natural life and his children although not separate in interest from him have ..... of its institution. is there then anything in the law of limitation which prevents them from obtaining relief in respect of their share of the property? section 28 of the indian limitation act provides that 'at the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such .....
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR116
..... 10, 1942, the public prosecutor for bombay applied to the presidency magistrate, 4th court, bombay, for leave to 'withdraw the charge against the appellant under section 10 read with section 6a of the act, which had been permitted by the high court to the presidency magistrate, by its. order of november 12, 1941.25. this leave was granted and the ..... the question still remains was he legally bound to furnish it within the meaning which those words bear in the code. the expression has been defined in section 43 of the act in these words:-the word 'illegal' is applicable to everything which is an offence or which is prohibited 'by law or which furnishes ground for a ..... these rules) in respect of the property, in default of which the sanction required by s 10b(1) would be given for his prosecution for an offence under section 10 of the act.13. the appellant refused to obey this order, and, therefore, in accordance with its terms, sanction for his prosecution was granted on october 9, 1939.14. .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR323
..... any share in the joint property and had no right of redemption.44. the decision therefore of buckland j. that the suit was maintainable under section 42 of the specific relief act was correct. their lordships, however, are in agreement with the learned judges of the appeal court that the declaration, which was made by buckland j ..... jj.-who stated that of the issues raised at the trial only the following need be considered, viz.:-1. is the suit maintainable having regard to section 42 of the specific relief act ? 2. was! there any joint family after the institution of the partition suit 3. had the plaintiffs knowledge that dhanabati was a party to ..... defendant dhanabati, who alone filed a written statement.1. is the suit maintainable having regard to :- (a) the consent decree. (b) section 47 of the civil procedure code, and (c) section 42 of the specific relief act? 2. was there any joint family after the institution of the partition suit ? 3. had the plaintiffs knowledge that dhanabati was a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom306; (1930)32BOMLR64
..... which was somewhat similar to the agreement in kilmer's case, was a penalty from which relief should be granted on proper terms. in my opinion, both under section 74 of the indian contract act and under the general principles of equity, the court has to carry out the primary contract between the parties. any further contract, express or implied, to be ..... held that the property in the goods did not pass to the hirer until all the instalments had been paid.17. in india we are goverened by section 78 of the indian contract act under which if the parties to, a contract agree inter alia that payment for the goods sold is to be postponed, the property pasess as soon as ..... agreed to buy the lorries and took delivery of the lorries there and then, and agreed to pay the purchase money by instalments. if one turns to section 78 of the indian contract act, it is clear that in such a case the property in the goods would ordinarily pass.13. there are certain broad principles on the subject which can .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR1391; 94Ind.Cas.881
..... however that may be, the removal of the tumar from jeyshankar's house without the consent of the mamlatdar was sufficient to satisfy the requirements of section 378, indian penal code, provided the act was done with a dishonest intention. and, in my opinion, it would have made no difference even if jeyshankar had consented to its removal, for ..... bulsar and back. i leave out of account vallabhram's confession in considering their case, as it denies his guilt and is not a 'confession' falling under section 30 of the indian evidence act, according to the rulings in empress v. daji narsu and govinda natha i. l. r.(1882) 6 bom. 288 and sankappa rai v. emperor i. ..... there were two documents in respect of which the two accused were convicted it is unnecessary to decide whether this is correct under sub section (1) of b. 35 of the criminal procedure code, as amended by act xviii of 1923, and b. 71, indian penal code. ah the three sentences of rigorous imprisonment for two years have been ordered to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom191; (1930)32BOMLR215
..... , vol. ii, (6th edn.), page 1534. the section of the indian succession act and the authorities relied on, in my opinion, would not apply to the case of plaintiffs nos. 1 and 3. the legacies do not appear to be given ..... nos. 1 and 3 have satisfactorily fulfilled the condition imposed under the will by getting married although that occurred in the lifetime of the testatrix. he relies upon section 128 of the indian succession act, illustration (6), he has relied also on the case of park, in re: bott v. chester [1910] 2 ch. 323 and on jarman on wills ..... judges stated that the objects indicated in the deed were of a religious character.13. kaleloola sahib v. nuseerudeen sahib was decided before the mussalman wakf validating act, 1913, was enacted. that act defines, wakf as meaning: 'the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as .....
Tag this Judgment!Court : Mumbai
Reported in : 1949CriLJ492
..... , nagpur. he is an activ& worker and one of the chief organizers of the samata sainik dal.2. in exercise of the powers vested under section 16, criminal law amendment act, 1908, the provincial government, by a notification dated 10th february 1948, declared the said dal as an unlawful association. by another notification it specified in ..... the prohibition against the prerogative writs contained in the code of 1875 still continues by reason of section 4 of the amending and repealing act of 1914 and section 6, general clauses act of 1897.28. the criminal procedure code, 1898, was amended by the criminal law amendment act, xi [ii] of 1923. the effect of the amendment was two-fold : (1 ..... 18 is attracted and no appeal lies against the order.41. no appeal lies against an order passed under section 491 of the code except to a federal court in cases falling under section 205, government of india act, 1935, when a certificate is granted by a high court that the case involves a substantial question of .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR502
..... of his own knowledge but of what he had heard, and objections were rightly taken to the relevance of his proffered evidence : indian evidence act, section 32, sub-section (4), and section 49.4. ultimately for the reasons that i am about to state i considered it best to stop further evidence of the same kind being ..... as alleged?-ans. yes.(17) whether the trustees have anything to do with the plaintiffs' appointment as mujawars?-ans. without the trustees' consent no person can act as mujawar (or caretaker) or otherwise intermeddle with the trust estate.(18) whether the plaintiffs or any of them have wrongfully withheld possession of articles and utensils ..... ancestors from generation to generation and after them the plaintiffs have been the mujawars of the said dargah?-ans. no. there were at the start several persons acting as keepers or caretakers. they were really persons who were in unauthorized occupation of government land until the yearly licences for tenancy at will were issued.(7) .....
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