Court : Mumbai
Reported in : (1913)ILR37Bom651
..... removed, perhaps only temporarily removed, before the date of the alleged offence. in these circumstances we have to decide whether such a spot is a place within section 4 of the act. that section provides for the punishment of any person who, being the owner or occupier or having the use of any house, room or place opens, keeps, or uses ..... correct, i think that the inclosure existing at kempton park might, physically speaking, under certain conditions constitute 'a place' within the meaning of the first and second sections of the act of 1853. it is a defined space limited by metes and bounds, and of such an area that a person therein carrying on the business of betting can be ..... whether the particular spot on which the petitioners and the others were found to be gaming may be rightly described as a 'place' within the meaning of section 4(a) of the bombay act.3. the facts are that this particular spot resembles in all essentials what is usually known in this country as a chok. it is a small .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR689; 20Ind.Cas.609
..... been removed, perhaps only temporarily removed, before the date of the alleged offence. in these circumstances we have to decide whether such a spot is a place within section 4 of the act. that section provides for the punishment of any person who, being the owner or occupier or having the use of any house, room or place opens, keeps, or uses ..... be correct, i think that the enclosure existing at kempton park might, physically speaking, under certain conditions constitute ' a place ' within the meaning of 1st and 2nd sections of the act of 185s. it is a defined space limited by metes and bounds, and of such an area that a person therein carrying on the business of betting can be ..... the particular spot on which the petitioners and the others were found to be gaming may be rightly described as a ' place ' within the meaning of section 4 (a) of the bombay act.3. the facts are that this particular spot resembles in all essentials what is usually known in this country as a chok. it is a small open .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom181; (1914)16BOMLR164
..... vatans, in which the first plaintiff, as the widow of the testator, would be interested as vatandar, and which under section 5 of the vatan act of 1874 would not be alienable by the will, the suit must fail. if it is agreed which lands mentioned in ..... the bombay presidency. but any doubt as to the validity of the settlement is put an end to by reference to section 12 of bombay act ii of 1863, which applies to the districts in which the navalgund desai's inam villages lay. it is in ..... not made use of during the british rule and he was informed in 1848 by the collector under the provisions of section 2 of bombay act xi of 1843 that his services as a revenue official would not be required of him. at that time and ..... in favour of the conclusion that up to the legislation of 1827 these inams were not inalienable.8. the regulation 16 of 1827, section 20, prohibited alienation, by any hereditary officer, of his official emoluments, and directed that such official emoluments enjoyed by a cosharer should .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom104; (1914)16BOMLR104
..... the defendant's argument. it merely deals with a numerous class of cases, of which this might have formed an example, had the municipality acting under section 293 of its act permitted the defendant-company to lay its rails without any conditions i do not think that any of the cases cited for the defendant-company are ..... determined what it is that the corporation is disposing of.14. it is well established that a railway company acting under section 16 of the railways clauses consolidation act, 1845, (upon which section 7 of the indian railways act is closely modelled) by constructing a railway upon and across part of the bed of a navigable river or ..... has been attempted in support of what was foreshadowed in the first issue. that was abandoned. no permission has been granted. then let me consider section 7 of the railways act. is a public street 'immoveable property' certainly. does this public street belong to the defendant-company certainly not. the only question remaining to be answered .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom258; (1914)16BOMLR939
..... be compounded. it cannot apply to cases where the person injured is entitled of himself to compound the case. the law on the point is clearly enough laid down in section 345 of the code of criminal procedure. but the magistrate thinking that he must take some action of his own called on the parties to prove that the case was ..... .shah, j.5. i agree. it is clear in this case that the offences with which the accused were charged by the complainant were compoundable and that they were in (act compounded by the person concerned. there being no doubt whatever about the fact of the offences having been compounded, it is clear that under clause 6 of ..... heaton, j.1. in this case, as disposed of by the magistrate, three persons were convicted of the offence of hurt under section 323 of the indian penal code. one was sentenced to a fine of rs. 100, the other two to a fine of rs. 50 each. the one on whom the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom24; (1915)17BOMLR496
..... hold otherwise would be to assume that the legislature conferred, not expressly but indirectly or by implication, a power to modify by rule the natural meaning of a section of the act. i think this cannot be so, firstly because it is a manner of making laws that i cannot attribute to a responsible legislature: and secondly because i ..... railway administration dependent upon a receipt being granted in the prescribed form.11. the learned judges of the full court have held that it is consistent with section 72 of the act. their decision proceeds upon the assumption that the goods were marked and weighed after the consignment note was tendered to the company by the plaintiff's ..... are concerned in this case, was bad because it was inequitable. it does not appear to have been argued that the rule was inconsistent with the provisions of section 72 of the act. i am, therefore, unable to accept that case as any guide in deciding the question which has been argued in the present case.16. it follows, .....
Tag this Judgment!Court : Mumbai
Reported in : 29Ind.Cas.545
..... hold otherwise would be to assume that the legislature conferred, not expressly but indirectly, or by implication, a power to modify by rule the natural meaning of a section of the act. i think this cannot be so, firstly, because it is a manner of making laws that i cannot attribute to a responsible legislature: and secondly, because i ..... railway administration dependent upon a receipt being granted in the prescribed form.12. the learned judges of the full court have held that it is consistent with section 72 of the act. their decision proceeds upon the assumption that the goods were marked and weighed after the consignment note was tendered to the company by the plaintiff's ..... are concerned in this case, was bad because it was inequitable. it does not appear to have been argued that the rule was inconsistent with the provisions of section 72 of the act. i am, therefore, unable to accept that case as any guide in deciding the question which has been argued in the present case.17. it follows, .....
Tag this Judgment!Court : Mumbai
Reported in : (1917)ILR41Bom518
..... contended that such evidence was inadmissible provided the custom proved did not annex an incident to the contract repugnant to, or inconsistent with, the expressed terms: see section 92 of the indian evidence act, proviso 5.17. the defendants rely upon the custom alleged to avoid the ordinary consequence of a breach of contract for sale of goods according to sample, resulting ..... from the provisions of section 118 of the indian contract act. they contend that such a custom modifying the consequences resulting from the application of section 118 would not, within the meaning of section 1 of the indian contract act, be inconsistent with the provisions of the act.' nor do the plaintiffs, as i understood the argument, contend that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom4; 37Ind.Cas.271
..... not contended that such evidence was inadmissible provided the custom proved did not annex an incident to the contract repugnant to, or inconsistent with, the expressed terms see section 92 of the indian evidence act, proviso 5.17. the defendants rely upon the custom alleged to avoid the ordinary consequences of a breach of contract for sale of goods according to sample ..... , resulting from the provisions of section 118 of the indian contract act. they contend that such a custom modifying the consequences resulting from the application of section 118 would not, within the meaning of section 1 of the indian contract act, be 'inconsistent with the provisions of the act.' nor do the plaintiffs, as i understood the argument, contend that .....
Tag this Judgment!Court : Mumbai
Reported in : (1917)19BOMLR48
..... provisions relating to compensation cover the case of members of the public, who naturally do not come within the provision for compensation contained in section 11.5. part vii of the act enables the local government to authorise companies generally to acquire land for useful public purposes by availing'themselves of the provisions in the earlier ..... for the respondent before making the crossing to comply with the provisions of the act which was then in force, ' the land acquisition act, 1894,' passed four years after the indian railways act. the land acquisition act by section 3 defines land as including benefits to arise out of land and a person interested as including ..... them to bring an action for trespass.4. the real point that arises is whether, under the words quoted from section 7 of the indian railways act, which make the powers conferred by that section subject to any enactment in force for the acquisition of land for public purposes and for companies, it was necessary .....
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