Court : Mumbai
Reported in : (1917)19BOMLR211
..... the government established by law in british india. i am not, therefore, prepared to hold that the matter disseminated by the petitioner is seditious within the meaning of section 108, clause (a), criminal procedure code. i do not ignore the fact that there are some passages, which, if they stood by themselves, might justify the inference against ..... native states without complaint; that in british india british officials are paid too highly and indians, though they are free to discuss, have no effective control over finance or policy; that the present officials being in fact alien by race, though able and industrious men, do not readily understand the needs of the people. ..... sufficient to state that the expression would mean the various governments constituted by the statutes relating to the government of india now consolidated into the government of india act of 1915 (5 & 6 geo. v, c. 61) and would denote the person or persons authorised by law to administer executive government in any part .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1917Bom233; (1917)19BOMLR521; 41Ind.Cas.656
..... us in this reference from the learned sessions judge of ahmedabad is whether an ordinary wire fence is a building within the meaning of clause 7 of section 3 of the bombay district municipalities act of 1901.2. there is not much authority to guide us, but it has been held in this court that a 'karvi' or reed fencing was not ..... a building within the meaning of that word as used in section 33 of the act of 1873: see queen-empress v. janardhan (1880) unrep. cr.c. 145. under the same act this court has also held that a mere wattle fence was also outside the definition of building : see in re salomibai ..... , the accused acquitted and discharged and the fine, if paid by him, must be refunded to him. he must also be reimbursed the process fees which he has paid under section 31, clause 3 of act vii of 1870.shah, j.4. i agree.
Tag this Judgment!Court : Mumbai
Reported in : 41Ind.Cas.997
..... the house in question. in pursuance of a warrant under section 6 of the act, a search was made, when these persons were found playing cards and some money also was found which was the result of small slakes while playing cards. the learned ..... this court were tried by the first class magistrate of broach on charges under the bombay prevention of gambling act of 1887. the accused nos. 1 to 27 were convicted under section 5 and accused no, 28 was convicted under section 4 of the act.2. on the occasion of the annual fair at shuklatirtha some of these persons had gone there and occupied ..... has presumed that the house where the play was going on was a common gaming house within the meaning of the act. 'but that section shows that the presumption is rebuttable. in this case the facts found by the magistrate, stated in his own words, are as follows: 'they were a party of friends out .....
Tag this Judgment!Court : Mumbai
Reported in : (1917)19BOMLR778; 42Ind.Cas.82
..... . 145 except in the cases where law presumes liability from an act or omission immediately upon proof of its occurrence. that is to say, an exception to the general rule that the burden of proof for the alleged negligence is in the ..... burden of proof in an action for damages for negligence rests primarily upon the plaintiff who in order to maintain the action must show that he was injured by an act or omission for which the defendant is in law responsible (see hammack v. white (1862) 11 c.b.n.s. 588 and manzoni v. douglas (1880) 6 q.b.d .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1917Bom46; (1917)19BOMLR887; 43Ind.Cas.273
..... demise.9. if we turn to the statute law of this country, we find the respective rights of landlord and tenant summarised in the rules annexed to section 108 of the transfer of property act. those rules are very condensed and i do not think contemplate so startling a case as this. it is, however, clear that rule (n) throws ..... rule itself as appears here is of great simplicity but in its. application it will, i think, be found. to give rise to very great difficulties.11. returning to section 108, clause (n), it certainly never could have been the intention of the legislature in the case i have just supposed that the unfortunate tenant should re-build the house ..... later from the landlord if such rebuilding is shown to be necessary. but in law i think his position would be extremely precarious in view of the language used in section 108, clause (n). on the other hand many valid reasons can be suggested why the landlord should not be-answerable for the deterioration of even the main structure of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1917Bom57; (1918)20BOMLR22; 43Ind.Cas.744
..... . the collector, presumably regarding the uses to which he found this plot being put in 1872 as non-agricultural, exercised the powers conferred upon him by section 35 of the act. that section prescribes that after the fine has been levied, the occupant shall enter into an agreement with the collector undertaking to pay the assess ment then leviable and ..... brother has pointed out the agreement is not on the record. but we assume that the agreement was entered into and that it fulfilled the conditions set out in section 35 of act i of 18g5. that being so, it would hold good until there was a revision survey, i.e., until 1889. but thereafter the appellant would be ..... be briefly stated thus :the plot of land in suit was in the occupation of potters before the year 1872. in 1872, it appears that the collector acting under section 35 of act i of 1865, called upon the occupant to pay thirty times the assessment as fine for conversion of land from agricultural to non-agricultural uses. under the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1918Bom148; (1918)20BOMLR591
..... suit appeared before mo for the trial of the preliminary issue, viz.,whether the defendants are protected from liability to the plaintiff under section 75 of the indian railways act, 1890v4. material portion of section 75 runs as follows :-when any articles mentioned in the second schedule are contained in any parcel or package delivered to a railway ..... parcel was bound to declare its value and contents and did not do so and the loss occurs then the question for determination is : 'does section 75 of the indian railways act, 1s90, give absolute protection to the railway company for loss under every circumstance ?' mr. setalvad for the plaintiff has contended that a. 75 does ..... the railway company to a person other than the consignee and as the loss occurred after delivery to the wrong person, i hold that section 75 of the indian railways act offers no protection to the defendant company and therefore the preliminary issue must be found against the defendants and in the negative. costs of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1918Bom89; (1919)21BOMLR85
..... the porebunder judgments incidentally only, and would not put them higher than instances in which the custom alleged has been recognized and which are thus admissible under section 13 of the indian evidence act.26. in the family of the plaintiff's husband (sea pedigree, exh. 13a) four instances are adduced which, it is contended, indicate that ..... no share from their brothers yet their husbands attested the partition deed. it is a case where memons trading in bombay retained property and connections with porebunder and acted according to hindu custom.50. instance no. 6 casaurn haji abu is rejected by the lower court. it should be considered with those of moti haji abu, ..... divided and with regard to whatever right the (releaser's) mother hawabai might have against the releases' property or against kassum abu's property.' ismail had been acting as moonim in bombay of kassum abu. the release mentions that kassum abu's daughter was to be married as well as three unmarried sons and the calculation .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1918Bom59; (1919)21BOMLR281
..... subject to those mortgages. the absence of such information would again tend to show that the mortgages would be discharged before completion. further under section 55(1)(g) of the transfer of property act the vendor is bound to discharge all incumbrances except where the property is sold subject to incumbrances.16. the above are the principal points ..... edn., vol. i, form 24, p. 522 and notes and mills v. united counties bank, limited [1912] 1 ch. 231so, too, under section 55(5)(d) of the transfer of property act the purchaser is bound to 'pay...the principal moneys due on any incumbrances subject to which the property is sold, and the interest thereon afterwards accruing ..... quite wrong not to abstract the second and fourth mortgages. the excuse given by mr. rustamji is that these documents were not in his possession and that he acted under the commissioner's directions. he some to have entirely overlooked the fact that an abstract is an abstract of title and not merely of documents in the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1919Bom59; 50Ind.Cas.995
..... that this is, in way opinion, a mistaken conclusion.3. we agree that these two men must be convicted of offences under section 427, indian penal code, and section 26 of the cattle trespass act and that they should both of them undergo rigorous imprisonment for three months in each case and that the order as to fines should ..... reason, be regarded merely as a case of negligence. equally clearly any such case falls within the definition in section 425 of the indian penal code and within section 26 of the cattle trespass act. as regards the latter section, i may mention here that the sessions judge in appeal fell into an error in supposing that the operation of ..... the sessions judge of ahmedabad of two men who were originally convicted by the first class magistrate of nadiad for mischief under section 427 of the indian penal code, and also under section 6 of the cattle trespass act. the facts broadly are these. one day cattle belonging to the two accused were found in the nadiad association farm, .....
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