Court : Mumbai
Reported in : (1877)ILR1Bom538
..... the subject-matter of the present suit is not the property of the deceased, all that is sought being a bare declaration of title without consequential relief; and reference is made, in confirmation of this view, to the court fees act, which prescribes a fixed fee for plaints in declaratory suits, where no relief is sought, on the ground that it is not possible to estimate at a money value the subject-matter in dispute (see section 4 of that act and also schedule ii, article 17, clauses 3 ..... in order to test the jurisdiction of a 2nd class subordinate judge, which, as we have seen from the section of the civil courts act above quoted, is subject to a pecuniary limitation, we have to determine definitively what is the 'subject-matter' of the present suit; for, if the assistant judge was right in holding that 'the property involved' is its subject-matter, ..... by section 24 of the bombay civil courts act (xiv of 1869), the jurisdiction of a subordinate judge of the 2nd class is declared to extend 'to all original suits and proceedings of a civil nature wherein the subject-matter does not exceed in amount or value five ..... on the other side, it is contended that the court fees act, which was framed for purely fiscal purposes, is not available as a guide in determining a question of jurisdiction; and as a decree upon title would be conclusive between the same parties in any subsequent suit for possession, the, property involved must be taken to be the subject-matter in a declaratory .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom523
..... whole of the village of vadgaum, excepting only the rights and privileges of ancient hakdars and inamdars, should be continued in inam to the male descendants of bhau maharaz', and his order purported to be made under schedule b, rule i of act xi of 1852, which is conversant of the continuance to subjects of 'lands' hereditary or in perpetuity exempt, wholly or partially, from the payment of revenue; and under that decision of the inam commissioner, west and nanabhai haridas, jj., ..... the present suit is substantially one in which the plaintiff, in respect of his ancient ancestral estate in land, and not in respect of any mere grant of land revenue, complains of an interference with his rights as proprietor of half of the village of nanej by the officer of the british government which, as representing the vishalgarh, claims the other moiety of the same village, and in pursuance of which interference the mamlatdar has collected rents which belong to and issue ..... a part of the claim; but the district judge, on appeal, reversed this decision on the ground that the suit related to a grant of land revenue and, as such, was, for want of the certificate required by act xxiii of 1871, barred by section 6 of that act.3. ..... of the lands, there actually demised and which did pass under the terms of the kaul or lease, was so clear and detailed that it was hold not to include forest lands.10. ..... of thana and the conservator of forests 11 moo ind. ..... of thana and the conservator of forests 6 bom. h.c. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom97
..... have a custom permitting natra or remarriage, the high court held that a woman, who, in the life-time of her husband, had remarried without his consent, was not the legal wife of the person whom she so married; but, as his concubine and mother of his illegitimate children, was entitled to maintenance after his death out of his estate. ..... 15 and 16 of sir william macnaghten's hindu law, that author gives it as his opinion that, 'if the woman were not his (the putative father's) female slave, the son begotten on her by him would have no right to the inheritance, but ..... (ibid) is: 'emancipated by him to whom he had become a slave by capture in war or the like, a sudra is not released from a state of servitude to brahmanas, since servitude is natural to him, who can divest him of a state of slavery proper ..... appears, however, to their lordships that if it be established that the respondent was the natural son of this hindu father, and recognized by him as such, it is not essential to his title to maintenance that he should be shown to be born in the house of his father or of a concubine possessing a peculiar status therein. ..... a woman in the life-time of her husband to contract a second marriage without his consent, was invalid, and the remarriage punishable, as regarded the woman, under section 494 of the penal code; and the act of the man, who contracted the marriage and had sexual intercourse with her was held to be punishable, as adultery, under section 497 of the same code: reg. v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom237
..... where a person for valuable consideration accepted a conveyance or charge, without any notice of the right of a third person, which rendered the act of the vendor or settlor in conveying or charging the property a fraud in contemplation of law, then, though the vendor or settlor may be guilty of a fraud, the purchaser is not his accomplice, and courts of equity have seen no ground for interfering with the position of advantage which his holding of the legal estate ..... in fact, vallu jairaj, the brother of the plaintiff, who, after the plaintiff was removed in february 1866 to the andamans, acted as his attorney, does not seem to have been aware of the existence of the agreement of 11th august 1865, or of the deposit and return of the title-deeds, till about october or november 1866, though he had become aware from ..... at this auction which is deposed to by vallu jairaj, the brother of the plaintiff, and by keshavji jadhavji, (who, though subpoenaed on behalf of the defendant gokuldas madhavji, and who is a maternal uncle of the plaintiff, was not called by either of the parties, but was called and examined by myself) was denied by the defendant gokuldas madhavji. ..... a purchaser with notice from one who also had notice, but had purchased from one who had no notice, is to be protected, as was his immediate vendor, by the right of the first vendor, has not arisen, yet i am of opinion, on a consideration of the authorities (many of which are cited in the notes to the case of le neve v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR2Bom1
..... 15,000 duly advanced to him by the land mortgage bank of india, limited, an english joint stock company, having its head office in london, and a branch office in bombay, where the mortgage transaction was arranged, mortgaged (with the usual proviso for redemption) to that bank in fee, certain lands in the villages of ..... dealing as he was with an english company, which had an established form for the deeds of mortgage required by it from persons borrowing money from it, he could not have obtained the loan which was made to him without giving such a power of sale as is contained in the mortgage of the 25th october 1871. ..... become due on the security of these presents, shall have become in arrear for one calendar month; and every such notice as aforesaid shall be sufficient, though not addressed to any person or persons by name or designation, and notwithstanding the person or any of the persons affected thereby, may be unborn unascertained, or under disability'. ..... , howsoever it may exceed in value the amount of the advance on mortgage, becomes wholly vested in the mortgagee, which is unquestionably inequitable, whereas a mortgagee with a power of sale, not only cannot, either directly or through the medium of an agent or a trustee, himself become the purchaser under the power, robertson v. ..... not sanction, in any case, the transfer of immoveable property in satisfaction of a debt, without the intervention of a public officer, except such transfer be by the direct and immediate act ..... section .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom50
1. we do not think the conviction of dacoity can be sustained. that was a substantive offence completed as soon as perpetrated at velanpor, although, had velanpor been in british territory, the subsequent acts in the process of taking away the property might, in the legal sense as they would have the same legal character, have coalesced with the first and principal one so as to give jurisdiction under section 67 of the code of criminal procedure. but we think the conviction may be altered to one of retaining stolen property known to have been obtained by dacoity (indian penal code, section 412), and the sentences upheld. the retaining is included in the more comprehensive charge viewed as an abstract accusation of an act attended with a certain intent or consciousness, and the conception of dacoity being independent of the place where it was committed suffices to cover what is embraced within it, though the latter was an act done in british territory. the retaining was in british territory: its legal character depended on circumstances the definition of which does not involve a territorial term, though on a question of the liability of any particular person under a combination of them, the question of place would for jurisdictional purposes be an essential one.2. we accordingly alter the conviction in the case of each prisoner to one under section 412 of the indian penal code without disturbing the sentences.
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom52
..... it was contended, however, for the plaintiff' that, although section 2 of act xxv of 1871 makes it unlawful for a passenger to enter a carriage without having first paid his fare and obtained a ticket, still that such prohibition must be read in connection with the rest of the section; and that as it expressly provides that in case the traveller does not produce his ticket, he is to pay the fare or increased fare, the company might enforce that provision, but could ..... if the company were entitled to regard him as such, then, whether under the express provision of section 17 of act xviii of 1854, or in exercise of the right which the law accords to every proprietor to remove a trespasser, using only such force as may be necessary for the purpose, the defendants were, we cannot doubt, justified in removing the ..... this matter comes before us on a case stated for the opinion of the high court under section 35 of act ix of 1850, and arising out of an action brought by the plaintiff in the small causes court, to recover from the defendants the sum of rs. ..... it is the general practice at intermediate stations for the station master to close the office for the distribution of tickets on the arrival of the train. ..... a passenger by a train has a right to require the station master, on the arrival of the train at an intermediate station, to leave the platform, where he has special duties connected with the train and passengers, and return to his office for the purpose of procuring him a ticket. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom75
..... ghanasham that a pauper respondent is, when he presents an objection, a pauper appellant, and entitled to the indulgence in that character; but the grammatical construction of the act does not allow this indulgence to him, and the reason for this probably was that he already had the opportunity of directly making an appeal without expense for court fees, and that an inquiry into his pauperism at ..... but if section 4 had been intended to apply only to suits against government and its officers, it is hard to conceive that this should not have been plainly said. ..... section 16 of that act says absolutely that the court shall not hear such objections until the respondent shall have paid the additional fee due under the act. ..... we have arrived at this conclusion reluctantly, and not without some doubts as to its correctness; but, upon the whole, we do not think we can properly construe the act in any other sense than that which we have given to it.4. ..... on the mere grammatical interpretation of section 4 of that act no doubt, we think, could reasonably be entertained of its shutting out the jurisdiction of the civil courts in a case like the present. ..... that act is, in its earlier portion, obviously intended to guard the executive government against responsibility to the civil courts; but it has been contended that section 4 should be construed as extending only to claims made against government for either the whole or some portion of an alleged alienation or allowance out of the revenues. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom87
..... the plaintiff then had the option either of admitting the agency, but adding 'yet by trade usage you are responsible like principals,' and asking for an issue on that point, or of not admitting the agency as likely to militate against his interests suing on the particular contract upon ..... had already been ascertained, it would be the judge's duty to apply, apart from any evidence adduced in the case; if not, he would, of course, receive evidence of its existence and acceptance as a law; but taking evidence of this kind would not make the case a different one in the sense necessary to exclude the operation of the estoppel. ..... contends that, the decision of this court amounts to no more than a conclusive assertion that the plaintiff could not recover on the issue actually raised by the court of first instance according to the proper construction of that issue ..... it was also urged that the most material issue had not been raised and dealt with, namely, that of the responsibility of the defendants in ..... defendants answered that they had acted merely as the plaintiff's agents in making a contract with a third party, and were not responsible for the fulfillment of ..... such a usage, if submission to it was optional, would not have the operation sought to be ascribed to it; if binding, it would operate ..... one partly of the construction of the contract which is not a matter of evidence, partly of usage having the effect of annexing to the contract certain incidents not expressed and not expressly excluded. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom125
..... if the plaintiff in this case had chosen the very next day after such payment to sue for the whole of the amount then remaining unpaid, he might have done so, and we do not think the defendants in that case could have successfully contended that no cause of action had accrued, or that the suit was premature because the second instalment had ..... the law of limitation applicable to this case is act xiv of 1859, of which clause x, section 1, provides as follows:to suits brought to recover money lent or interest, or for the breach of any contract in which there is a written engagement or contract, and in which such engagement or contract could have been registered by ..... this case is 'a written engagement or contract' within the meaning of that clause, which 'could have been registered' under act xx of 1866, section 18, 'at the time and place of the execution thereof', but was not. ..... fell due on the 2nd october 1868, when it was not paid, and this suit was instituted on the 19th october ..... and that, in the event of any one of those instalments not being punctually paid, the whole amount is to become payable at ..... his right to immediate payment thereof was not, under the note itself, subject to be defeated by any subsequent payment, nor was it superseded or suspended by any fresh agreement between the parties; and we do not see how, under the circumstances, any such payment, by the defendants, of part of that for which they had already become liable could, in the absence of any fresh agreement, .....
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