Court : Mumbai
Reported in : (1877)ILR1Bom121
..... this is a reference made to us by the judge of the court of small causes at ahmedabad under section 22 of act 'xi of 1865. ..... the question he has referred for our opinion is, 'whether or not a wife, who is separated from her husband, is liable for debt contracted by her. '2 ..... question raised in that special appeal, that upon which the whole case would appear to have ultimately turned, was, whether she was liable, being under the protection of her husband who had not consented to the transaction; and the court (sir m. ..... we may, therefore, assume (and, if we do so erroneously, the judge of the small cause court should so inform us) that the debt was not contracted under any of the circumstances or for any of the purposes which would render her husband liable for it; and this we do the more readily, as the plaintiff has not sought to obtain a decree against him.4. ..... iv, texts 57, 58, 61, and 66) a woman as such is not included; and marriage, whatever other effect it may have, does not take away or destroy any capacity possessed by her in that respect (1 str. ..... has not informed us as to the circumstances under which, or as to the purpose for which, the debt was contracted: and the only facts stated to us are that it was contracted jointly by the two defendants, brother and sister, the latter being a married woman living separate from her husband; that 'the defendants are of the rajput caste and are labourers by calling'; and that, in contracting the debt, the female had acted without her .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom147
..... but after the rules have been laid down in terms extending to all compromises of offences, an exception is made that 'the provisions of sections 213 and 214 do not extend to any case in which the offence consists only of an act irrespective of the intention of the offender, and for which act the person injured may bring a civil action. ..... the physical act being the same in both cases, the intention accompanying it might make it an assault under section 351, or an attempt to commit murder under sections 511, 299, and 300 of the indian penal code; and there is not, in any of the cases in which intention enters into the definition of an offence in that code, such an inseparable connexion of a particular intent with a particular act, that such intent is to be conclusively inferred from it; otherwise the intention would not be specified as part of the ..... illustrations (a) and (b) taken together, if we take 'assault,' as section 7 bids us do, in the sense defined by section 351, suggest that the true sense of the exception is to allow compounding in every case that might be the subject of a civil action, except where the act constituting an offence is made a graver offence by some intention accompanying it, which is not involved in the definition of the minor offence, which the act would prima facie amount to. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom592
..... the plaintiff, having delayed bringing his suit for more than 6 months, has lost such benefit of his previous possession as he might have had under section 15 of act xiv of 1859; and government, represented by the defendant, having taken an assignment of his highness scindia's right, title, and interest in those lands, are now entitled to resist this suit upon whatever ..... both parties are dissatisfied with the decree of the court below, the plaintiff contending, among other points, that the district judge was wrong in holding that his proprietorship was not established, and that long possession for a period of 80 years, continuing down to the time he was dispossessed by the inam commission, entitled, him to restoration of possession: and the defendant objecting to the judge's finding as to ..... consequent upon this order the land was attached by the inam commission and placed under the management of the district revenue officers, and, subsequently, the inam committee found that neither scindia nor the plaintiff's family had any right to the land, which they decreed belonged to ..... hold here, as they have done in the bengal case, that 'after that time it declares not simply that the remedy is barred, but that the title is extinct in favour of the possessor,' would, in our opinion, be to entirely ignore regulation v of 1827, section 1, which, in their lordships' own words, in a later case, seems to be unaffected by act xiv of 1859, and to stand unrepealed in the presidency of bombay.' l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom197
..... the admissibility in evidence of exhibit 17 is the more recent act (viii of 1871); yet inasmuch as that exhibit is offered in evidence for the purpose of showing a transaction whereby it is contended that the mortgage lien of kazi muhammad became extinguished, and thus affecting the land, we are of opinion that exhibit 17, being one which under clauses 2 and 3 of section 17 ought to have been registered, but was not, is not admissible on behalf of the defendants in evidence.6. ..... omission of the learned judge, as reported, to notice the bearing of clause 3 of section 17 of act xx of 1866 upon the receipt which was there admitted in evidence. ..... portion of his judgment, reported as having said that the receipt did not fall within clause 2 of that section, but he was silent as to clause 3.10. ..... section of act viii of 1871 enacts that no document required by section 17 to be registered shall affect any immoveable property comprised therein, or confer any power to adopt, or be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered in accordance with the provisions of this act ..... section 49 enacted that no instrument required by section 17 to be registered shall be received in evidence in any civil proceeding in any court, or shall be acted on by any public servant as defined in the indian penal code, or shall affect any property comprised therein, unless it shall have been registered in accordance with the provisions of this act .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom164
..... concerned with the question of cruelty; and on that point their lordships, in another part of the same judgment, say: 'the mahomedan law, on a question of what is legal cruelty between man and wife, would probably not differ materially from our own, of which one of the most recent expositions is the following: 'there must be actual violence of such a character as to endanger personal health or safety; or there must be a reasonable apprehension ..... . every person who receives a married woman into his house, and suffers her to continue there after he has received notice from the husband not to harbour her, is liable to an action for damages, unless the husband has, by his cruelty or misconduct, forfeited his marital rights, or has turned his wife out of doors, or has, by ..... in the case of parsis the legislature has, by act xv of 1865, made express provision for such suits and for the enforcement of the decree [section 36]: and the cases to which we have referred are, we think, sufficient authority to support the action of our ..... it has been faintly argued at the bar that a suit for the restitution of conjugal rights will not lie in our courts, or, at all events, that a decree ordering such restitution cannot be enforced; and, in support of this argument we ..... [i pray that] the court will [be pleased to] consider whether my aforesaid statements are proper or not, and to eater the name of ramchandra mahadev as one of the parties opposed [to me], and to reject my husband's claim and to award .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom177
..... by 'nirindraya' to indicate deficiency in a sense, organ, limb, or member, we think that, in including deficiency in a sense or organ, he must thereby have meant deficiency in a sense or organ not already provided for, and that we should give a forced and unnatural construction to his language if we were to hold that, after expressly providing that congenital blindness or deafness should disqualify, he meant by 'nirindraya ..... term must be understood as signifying one born blind, or born deaf;' and jagannatha subsequently observes: ''such as have lost the use of a limb' not such as have lost any organ generally, (for that would include a vain repetition of the terms blind and deaf); but such as have lost the ..... aberration of intellect as is clearly proved by the assertors to be the result of an atrocious crime, or of sin in the highest degree, a proposition at all times extremely difficult, if not impossible, to establish, jagannatha must be regarded as flatly contradicting himself; for, continuing the same commentary on the text of vishnu (cccxxvi, vol. ..... ' the commentator on yajnyavalkya was, according to the accepted notion of his office, constrained to interpret the language of every other rishi in subordination to his own ..... and would thus leave the phrase 'nirindraya' in the text of manu and the 4th placitum of section x, chap. ..... remark they say that, 'if the man was blind at the time the inheritance would have devolved upon him, that circumstance would act as a disqualification.'18. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom132
..... second and third cases were an example of this, that where corporations or public companies are taking lands under compulsory powers of purchase, they must strictly pursue the course of proceedings marked out in the act; and the fourth is merely a decision in the particular case that a certain agreement between railway companies, as to dividing proceeds of through traffic, had a certain construction, or that, if a ..... decisions and opinions with regard to matters connected with the business they have, under their act, power to transact--whether such decisions or opinions are confined to statements of what they believe to be actual facts, or extend also to the giving of advice for the conduct of successors in office with regard to such business--and whether the expression of such decisions, opinions, or ..... course suggested in the last letter of the plaintiff's solicitors, and state that in passing the resolutions complained of, the trustees had not in contemplation to do the plaintiff any injury, their only object being to record their decision with reference to the matters then before them, and that in sending up the resolutions to government they were only acting in pursuance of section 14 of their act. ..... and these cases may be treated as having no authority; and the court of appeal affirmed the principle that an injunction will not be granted to restrain the publication of injurious statements, even though distinctly affecting complainants in respect of their trade and business. .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom219
..... of the points decided in that case was that the words quoted from section 122 incorporate into that section the provision of section 346, which requires that the accused person shall sign the record of ..... examination he attached the certificate required by section 346; but it is quite clear to us that this certificate was not intended by him to apply to the previous ..... then, is, whether the words of section 122, 'such confessions shall be taken in the manner provided in sections 345 and 346,' include the provision of section 346, which requires the magistrate's certificate ..... the prisoners, and the magistrate has made on them the memorandum required by section 122, certifying his belief that the confessions were voluntarily made. ..... , it is argued that the memorandum as to the voluntary nature of the confession is all which the law requires, and that if the certificate mentioned in section 346 be necessary; it does, in fact, appear upon the documents. ..... the loose and inaccurate phraseology of the two sections has already given us much trouble in bai ratan's case ..... , 166), that when a confession taken under section 122 is inadmissible in evidence, oral evidence to prove that such a confession was made, or what were the terms of the confession ..... section 80 of the evidence act provides that, whenever any document is produced before any court, purporting to be a statement or confession by any prisoner or accused person, taken in accordance with law, it shall be presumed that such statement or .....
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom388
..... inclusion in the same class of the paternal great-grandmother (unentitled except as a mere gotraja-sapinda) show that the accepted women's heritable capacity as a general principle enabling him to extend the text of yajnyavalkya to females not expressly mentioned as heirs in any of the extant smritis.99. it is said that the reason which vijnyanesvara gives for the precedence which he assigns to the mother over the father, as heir to a son, rests ..... effect of the hindu wills' act (xxi of 1870) and the application--to the wills of hindus, of section 179 of the indian succession act (x of 1865), upon the position of the executor of a hindu, this case is quite untouched by those acts--the execution of the will of mulji nandlal, the time of his death, and the grant of probate to his executors, all being anterior to the 1st of september 1870, when act xxi of 1870 came into force ..... , that it is derived not from any gift of the testator, but fr6m the operation of law incident to the office, does not exist in the case of the executor of a hindu although the testamentary power and the right to appoint an executor has been recognized in all three presidencies as belonging to hindus, that power and ..... have recognized female gotraja-sapindas made such by marriage, or else was not accepted as determining the law.115 ..... alone in support of a female gotraja's claim, as at 1 west and buhler, 171, 174, the mayukha alone is in other instances cited for the same purpose (1 west and buhler, 115, 170, 171, 174) ..... buhler 115 .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom269
..... was a trustee of the property for a charity, but he also was informed by her, and, as it appears, in accordance with the fact, that the objects of the charity would not avail themselves of it, and he was also informed, and again in accordance with the fact, that the property was in a decayed and dilapidated condition, and this was alleged by the vendor ..... purchaser is one of fact, that notice of facts from which the infirmity of the vendor's title may be inferred is evidence more or less cogent of mala fides, but is not itself mala fides', and that it is open to a judge 'to find that the mistake as to the law under which all the parties have for a long series of years ..... husband, and had been set apart as charity as a place for the maharajas to put up in; but that, as it was in a parsi quarter, the maharajas would not live there, that she told him further that the house was in a ruinous condition, and that she had received a notice in respect of it, and that she was obliged ..... it was contended that the defendant could not rely on the 134th article of the 2nd schedule, nor on the exceptive explanation in section 10 of the act, on the ground that he was not a bona fide, purchaser, as having had notice of the will of bhugwan kulla, and, therefore, of the charity, by reason that rajkuver, on the ..... distinctly to decide the question, to uphold the sale by rajkuver as being a proper and reasonable exercise of her office as trustee, and to have held it not to have been a breach of trust at all. .....
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