Court : Mumbai
Decided on : Jan-13-1933
Reported in : AIR1933Bom381; (1933)35BOMLR722; 145Ind.Cas.557
..... with the doctrine of part performance of a contract, and is added by section 16 of the transfer of property (amendment) act (xx of 1929). section 63 of act xx of 1929 lays down that certain amendments made by that act shall not be deemed to affect the terms or incidents of any transfer of property before april 1, 1930. but ..... remains that it was not registered as far as he was concerned. is the lease then admissible, and if so for what purpose section 49 of the indian registration act lays down that no document required to be registered shall affect any immoveable property comprised therein or be received as evidence of any transaction affecting such property unless ..... i have stated, is made up of a transfer on certain terms, and the acceptance of these terms. acceptance is defined by section 2(b) of the indian contract act as the act of the person to whom a proposal is made which signifies his assent thereto. the lease has been signed by the defendant, and he has, therefore, signified .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-1933
Reported in : AIR1933Bom234; (1933)35BOMLR376; 145Ind.Cas.138
..... given by the present sections 41, 41a, 41b and 41c, were conferred by section 25 of the bombay abkari (amendment) act, 1912 (bom. act xii of 1912). it may, therefore, be that, since the amending act of 1912, certain excise-officers in bombay are police-officers as well as revenue-officers under section 125. on the other ..... in the expression 'officer of police' as used in section 25 of the indian evidence act, than there is for adopting the same interpretation in the case of section 495 (4) of the criminal procedure code. moreover, the criminal procedure code was extensively amended in 1923 at a time when the powers of investigation exercised by excise-officers were ..... that the indian evidence act was passed in 1872 when excise-officers had no more than a limited power of arrest and could not be regarded as standing in the same position as police-officers. but the criminal procedure code was completely revised and amended in 1923, eleven years after the amendment of the abkari act by which .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-27-1933
Reported in : (1933)35BOMLR507
..... the four accused, and that there were strong reasons to believe that the accused had committed offences under sections 120b and 194 of the indian penal code. the form of this amendment does not appear to be much better than the original. on the same day, however, the government advocate did file an information with ..... high court, however, seem to have thought that they were justified in ordering the four accused to be arrested. on march 6, the government advocate applied to amend the original information by adding a paragraph that the petitioner, having carefully examined the papers, also came to the conclusion that grave miscarriage of justice had occurred, ..... advocate was styled a petition exhibiting an information in the matter of sections 184 and 195 of the criminal procedure code, not under section 194 at all. later amendments refer to it as an information exhibited under section 194. the so-called information entitled in the matter of the sub-inspector and the three prosecutors sets .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-22-1933
Reported in : AIR1933Bom450; (1933)35BOMLR929; 145Ind.Cas.630
..... the plaintiffs set oat two grounds for exemption from the law of limitation :(1) the time taken for prosecution of the delhi suit and appeal-section 14 of the indian limitation act, 1908;(2) the admission of the defendants made in their suit against the firm of maheshdas.it is common ground that the time taken for the prosecution of the ..... delhi suit, and further that the plaintiffs were not prosecuting the delhi suit in good faith, (2) that the learned judge was wrong in allowing amendment of the plaint to the effect ..... that effect. the amendment was opposed but allowed by the learned judge.17. the contentions raised by the learned advocate general in appeal are : (1) that the plaintiffs are not entitled to rely on section 14 of the indian limitation act, 1908, as it is not proved that the cause of action in this suit is the same as that in the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-07-1933
Reported in : AIR1934Bom189; (1934)36BOMLR277; 152Ind.Cas.267
..... suleman v. patell (1933) 35 bom. 721 seem to be in oversight of the latter portion of section 63, clause (d).19. on the basis that the amended act does not apply, the further argument addressed to us on behalf of the appellant took a double form; first that notice was unnecessary in order that the charge may be ..... created by a charge, the charge had been made either by a registered document or a decree of the court; and section 17(2)(v) of the indian registration act exempts decrees of the courts from the provisions under which registered documents are required for the creation of interests in immoveable property.4. a further difficulty that arises ..... documents are to have priority over oral agreements (unless they come under the exception which is at present irrelevant). the argument in answer to section 48 of the indian registration act was that priority is only given as against an oral agreement : and an oral agreement is explained for the purposes of this answer as a bare agreement,-an .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-1933
Reported in : AIR1934Bom178; (1934)36BOMLR327
..... have been allowed and the suit proceeded with. as observed by jacob j. in guruvayya's case, such an amendment would not attract the operation of section 22 of the indian limitation act. 15. having regard to what has been stated above, i reverse the decree of the lower court, allow the appeal, and send the case to the trial court ..... s brother and uncle placed on the record either as co-plaintiffs or as defendants to ensure the defendant against the possibility of the plaintiff's acting without authority and the plaintiff was allowed to amend the plaint by making the other members of the family parties to the suit and the case was remanded. the procedure, thus adopted, was ..... to be disposed of on merits (after amending the record as prayed for by the plaintiff) on all points except .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-08-1933
Reported in : AIR1934Bom171; (1934)36BOMLR290
..... the aforesaid reply, specific performance was refused and that as no date for specific performance was fixed in the document, time began to run under article 113 of the indian limitation act from the date when plaintiff no. 2 had notice that performance was refused, that is to say from october 2, 1915. it was, however, contended on behalf ..... no. 2 very soon after it was received by his vakil. having regard to what has been stated above, i agree with both the lower courts that the amended claim for specific performance is time-barred.16. it was argued on behalf of the respondent that the document, containing the agreement to reconvey, contained merely a standing ..... suit, and that, as a consequence, there could be no objection to allowing specific performance to either of the plaintiffs. reference was made i in this connection to the amendment-application made to the district court in 1924. but in this case plaintiff no. 2 has already parted with his interest and plaintiff no. 1, who is the .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-21-1933
Reported in : AIR1934Bom79; (1934)36BOMLR47; 150Ind.Cas.478
..... judgments to the difference between the title and preamble in the two acts. the english act is intituled 'an act for amending and consolidating the enactments relating to arbitration'. on the other hand the indian act is intituled 'an act to amend the law relating to arbitration,' and the preamble states that 'it is expedient to amend the law relating to arbitration by agreement without the intervention of a ..... to refer to arbitration by a verbal agreement was in existence in india at the date when the indian arbitration act was passed. in those circumstances the indian arbitration act to amend the law relating to arbitration was passed. section 2 deals with the scope of the act and provides that 'it shall apply only in cases where, if the subject-matter submitted to arbitration were .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-03-1933
Reported in : AIR1934Bom86; (1934)36BOMLR68; 150Ind.Cas.467
..... given.19. the question we have to deal with is as to whether the plaintiffs have derived any benefit within the meaning of section 216 of the indian contract act from having supplied their own goods in purported fulfilment of contracts placed with them by the defendants to purchase such goods in the open market. the ..... purported to buy goods pursuant to the defendants' orders upon their account. in the course of the proceedings before the commissioner the plaintiffs asked for leave to amend their plaint by setting up a case that they were pakka adatias. this the commissioner refused to permit them to do. they asked for similar leave before ..... throughout the transactions between the parties seem to have treated themselves as being pakka adatias and not mere commission agents; and before the commissioner they asked leave to amend their plaint by alleging that they were pakka adatias. that application on their behalf was rejected, as the commissioner held that they could not change the case .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-24-1933
Reported in : (1934)36BOMLR237
..... date of the application for execution was the time from which the period of limitation was to run, and it was not until the amending act of 1927 was passed that the result of the application, viz., the final order passed on the application, became the material time.34. it was, therefore, the application and ..... objections raised by the judgment-debtor could not now be maintained.19. in the case cited, the question, stated briefly, was whether under article 182(5) of the indian limitation act (ix of 1908) it is sufficient to show that an application was made in accordance with law to the proper court for execution or to take some steps in ..... before the board by the learned counsel for the appellant, and the only arguments presented to the board were in relation to the other point, which was based upon the indian limitation act.12. the appellant alleged that the application for execution, in respect of which the above-mentioned order of the subordinate judge, dated april 22, 1929, was made, was .....
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