Court : Mumbai
Reported in : 2Ind.Cas.469
..... pasaita lands and the right to collect from villagers was commuted into a lesser cash payment from the government treasury. these payments have been further reduced by deducting income tax. the pasaita lands have also become liable to the payment of the local fund cess.14. the mortgage debt proper according to the exhibit 154 was rs. ..... of things created by the mortgagees themselves. on a consideration of the facts and of the law as to acknowledgments by mortgagees laid down in the limitation acts, i should hold that the acknowledgments in this case fulfil the requirements of the law. but it is argued that bhogilals case settles the question and does ..... it and the two acknowledgments put together comprised the whole property. the argument that these are not acknowledgments within the meaning of section 19 of the limitation act because they are no more then signatures to the description by government of the status of the signatories as mortgagees ignores the presumption which we ought to make .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR440
..... harendra, being already retained for the judgment debtor, recommended his friend ram krishna, who thereupon acted for tara chand.9. the appellant is a money lender and a man of substance. when cross-examined as to his means he staled his income tax and offered to produce the receipts, so the suggestion that he was merely an impecunious nominee ..... was not sustained.10. he said he had heard of the proposed sale at the house of his pleader, baikant babu, who had also acted occasionally for chatrapat. baikant told him the property ..... well with the specific charges of fraud originally brought against him but, when those charges are eliminated from the case, there is nothing to show that this particular act may not have been quite innocent. the respondent however, can make no case unless it be treated as a step in the alleged conspiracy. nor can much .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR920; 12Ind.Cas.554
..... the table of fees the costs to be awarded to a wife in a matrimonial suit are to be limited to one-fifth of the husband's income and to the amounts mentioned in the table there is clear authority for holding that that does not affect the rights of the wife's solicitors to recover their attorney ..... of 1865, limited the liability of a parsi husband for his wife's alimony and costs to a sum not exceeding one-fifth of his net income. this argument seems to me to be wholly untenable. the provisions of section 33 relate merely to orders pending the suit. the payments contemplated in this section are merely payments ' ..... is fixed in that table. that table is headed :-the following fees only shall be allowed in cases tried under act xv of 1865. 17. at the bottom of the table the following appears :-' costs between party and party will be taxed by the clerk of the court.'18. it seemed to me to be quite clear that when the parsi marriage .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR1097; 12Ind.Cas.871
..... of the buildings.' in the judgment of this court sargent c. j. disposed of the argument by pointing out that 'the sole test' under the bombay municipal act was whether the building of the university 'was exclusively occupied for a charitable purpose;' 'and the mere circumstance, that small fees are required from the students before examining ..... income from the fees paid by the students on the occasions of the examinations held by the university' and that 'it derived a revenue from the occupation ..... 16 bom. 217. the question there was whether the university of bombay was an institution for a charitable purpose and, therefore, entitled to exemption from municipal taxes. it was argued for the municipality that the university was not an institution of that character, and, therefore, not entitled to exemption, because it 'obtained an .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR137
Batchelor, J.1. This is an appeal against an acquittal, and though the arguments have run to a considerable length, I am myself of opinion that the case is really a simple one. It appears to me that the learned Judge below involved himself in detail to such an extent that his attention was diverted from the cardinal points in the case. I regret to have to add that in my opinion the judgment is inaccurate in several statements as to the effect of the evidence, and that the strictures which the learned Judge allowed himself to pass upon the Committing Magistrate cannot be justified and should not have been made.2. I note that counsel for the respondent has not attempted to support the acquittal on the grounds on which it was rested by the Sessions Judge, but has restricted himself to this contention, that whatever inaccuracies may be found in the judgment, they did not operate to the prejudice of the Crown case against the particular respondent now before us.3. Then it was urged upon us ...
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR141
1. We must reverse the convictions and sentences in both these cases on the preliminary ground raised before us by Mr. Shah in support of the appeal that the Court below could not take cognizance of the offence under Section 498, Indian Penal Code, because there was no complaint as required by the provisions of Section 199 of the Code of Criminal Procedure. What happened was that the original complaint was made to the Police. The Police sent up the complaint to the Magistrate charging the accused with offences under Sections 366 and 379, Indian Penal Code. The Magistrate commenced his inquiry on these charges. There was no charge formulated against the accused under Section 498 at the beginning of the inquiry. The first witness examined was the complainant. It may be that certain statements made in the deposition amounted to an offence under Section 498, but that was the statement .of the complainant made as a witness. It could not be said to be a complaint within the meaning of Clause...
Tag this Judgment!Court : Mumbai
Reported in : (1912)ILR36Bom599
..... compensation at the rate of rs. 4 per acre for khajan, and i therefore make my award accordingly.6. from this enforced order made by the collector under the act the present appellant made a reference to the district court. the district court, however, declined to raise the compensation money beyond the sum of rs. 14 per acre, ..... acquisition of the land. this officer was at the time mr. e.h. waterfield who proceeded to institute the enquiries and conduct the procedure prescribed by the land acquisition act. as the result of his enquiries he concludes his judgment in these words. 'i therefore propose to award in the present case compensation for the khajan land at the ..... must be answered in the negative.2. it arises in the following state of facts. some 1,738 acres of khajan land were decided to be acquired under the act. the present appellant before us is concerned with 1,318 of those acres, the balance belonging to another claimant, who has preferred a similar appeal.3. the resolution .....
Tag this Judgment!Court : Mumbai
Reported in : (1914)16BOMLR55
Shaw, J.1. Hypothetical building schemes are the usual basis of valuation in the case of building land. I can say this from my own experience of such cases. The ordinary course will be to call a surveyor who will say that in his opinion the land is worth so much. When asked for his reasons he will proceed to unfold his scheme, saying that he values it at so much because an owner, by expending so much on buildings of such and such a description, can realise such and such a rent, which when capitalized will be worth the sum named by him. In cross-examination, the surveyor's scheme will or course have to be tested in all its details. But the scheme is certainly admissible in evidence and a proper mode of valuation.]Macnaghten, J.2. I am of the same opinion. Hypothetical building schemes seem to me to be the most obvious basis of valuation in cases like these. Of course the weight to be attached to such a scheme is a question for the tribunal hearing the case.3. The other Law Lords also co...
Tag this Judgment!Court : Mumbai
Reported in : (1912)ILR36Bom617
..... however, is not a sound contention. it is true that the government notification exempted certain districts from the operation of section 59 of the transfer of property act with effect from the 1st of january 1893, and the present case comes from one of those districts. but the government notification cannot have a higher operation ..... of june 1908 government had by a notification exempted certain districts, including the district of poona, from the operation of section 59 of the transfer of property act and given that notification a retrospective effect from the 1st of january 1893. the court having rejected the review application, the plaintiff brought the suit, which ..... subordinate judge, holding that the plaintiff's bond was void and therefore inoperative for -want of attestations as required by section 59 of the transfer of property act. the result of that litigation, therefore, was that the defendants acquired as against the plaintiff a vested right under the decree of this court in second .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)ILR36Bom622
..... that the indian majority act has not affected the rule of hindu law on the question of minority so far as the competency of a hindu to make a gift inter vivos is concerned. that ..... that law, she was competent to make a will.3. but the indian majority act has modified the hindu law on the question of minority except in respect of dower, divorce, marriage and adoption.4. it is argued, however, by mr. shah for the appellant ..... that property.2. but it is argued in the present case that though the testatrix, having been under eighteen years of age, was a minor according to the indian majority act, she was more than fourteen years' old and that, therefore, under the hindu law she was not a minor. on that ground we are asked to hold that, according to .....
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