Court : Mumbai
Decided on : Jan-19-1939
Reported in : (1939)41BOMLR428
..... of any offence under investigation at the time when such statement was made. 8. this section which in its amended form was substituted for the original section by section 34 of the code of criminal procedure amendment act, 1923 has been the subject of repeated decisions in the high courts of india and has given rise to ..... to death. the appeal is based upon the admission of certain evidence said to be made inadmissible by provisions of the code of criminal procedure and the indian evidence act; and is further maintained upon the contention that whether the disputed evidence be admitted or not, and certainly if it ought to have been rejected, there ..... the three following articles, confession secured by inducement, made upon oath, made under a promise of secrecy. the definition is not contained in the indian evidence act, 1872 : and in that act it would not be consistent with the natural use of language to construe confession as a statement by an accused 'suggesting the inference that he .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-27-1939
Reported in : (1939)41BOMLR708
..... they could not be allowed to treat any other date than january 22, 1916, as the date of the decree and that sections 19 and 20 of the indian limitation act did not apply to the period limited by section 48 of the code. they also held that the appellants could not in any case have execution for any ..... court and so forwarded the compromise also'. no doubt the learned judge was much puzzled as to the proper course to take on receiving the request to obtain an amended decree. their lordships appreciate his difficulty, but in these circumstances they cannot think it right to regard the appellants' application as a fresh application in the sense of ..... execution, discharge or satisfaction of the decree, the provisions of section 47 involve that questions relating to such terms may fall to be determined by the executing court. 'amendment', or alteration of the decree whether under section 152 or by review is a different matter under the code. no doubt an adjustment, if not recorded under order xxi .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-03-1939
Reported in : AIR1939Bom354; (1939)41BOMLR787
..... cross-objections mr. thakor for the plaintiff has repeated the contention that the wills are void for undue influence. he relies on section 16 of the indian contract act, section 89 of the indian trusts act, and on the equitable rule which has been referred to in shivgmgawa v. basangouda (1937) 40 bom. l.r.132 that when a person obtains ..... . on that view the plaintiff has in fact corrected the valuation which is all that is necessary under clause (b) of the rule and the plaint after the amendment was no longer undervalued. this reasoning may perhaps be rather technical but then so is the objection.13. then it was argued that the suit relates to a public ..... additional court-fees which plaintiff was ordered to pay were not paid, the plaint should have been rejected under order vii, rule 11, of the civil procedure code, and that an amendment of the plaint was not permissible. the rule says:the plaint shall be rejected in the following cases:-(a) where it does not disclose a cause of action : (6 .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-1939
Reported in : AIR1939Bom339; (1939)41BOMLR548
..... of the very event which gives it birth, namely, seizure of something other than an instrument of gaming. the learned government pleader says that that construction reduces the amendment of the act to a nullity, and that what the section really means is that where there is found in a raid an instrument of gaming, or something which is reasonably ..... the face of them instruments of gaming, and the learned government pleader, therefore, relies particularly on the words which were added to section 7 by an amendment in 1936.3. section 7, as amended, provides that in certain events the house, room or place raided under section 6 shall be presumed to be used as a common gaming house until ..... , i think it is not permissible to call a witness to explain to the court what a document means, unless such a witness is an expert under the indian evidence act. it is for the court to ascertain what the document means, though no doubt a witness may suggest methods by which an intelligent meaning can be given to .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-1939
Reported in : AIR1939Bom522; (1939)41BOMLR1084
..... 1, mr. desai tendered the relevant portion of the limitation act of the junagadh state, being article 145 of act i of s. 1954 (1898) and the amending act of s. 1990 (1934). under the first act six years' period was prescribed for execution of a decree. under the amending act that period was curtailed to three years. in order to ..... of the copies filed has not been challenged. when the plaintiff tendered certain copies it was pointed out that proof as required by section 79 of the indian evidence act was not forthcoming to show that the certified copies were genuine. the matter has, therefore, to be adjourned to enable the plaintiff to obtain the necessary ..... endorsement or certificate to comply with the provisions of section 79 of the indian evidence act. if the plaintiff succeeds in proving that genuine certified copies are in accordance with the copies annexed to the plaint, the suit will be decreed as the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-1939
Reported in : (1939)41BOMLR1047
..... and of the identifying witnesses affixed to the registration endorsement under sections 58 and 59 of the indian registration act amount to sufficient attestation within the meaning of section 59 of the transfer of property act read with the aforesaid amending acts?38. the full bench answered that question in the affirmative.39. it is material to ..... and the identifying witnesses affixed to the registration endorsement under sections 58 and 59 of the indian registration act (xvi of 1908) were a sufficient attestation within the meaning of section 59 of the transfer of property act and its subsequent amending acts. it is to be noted that when the appeal in that case was originally before ..... how necessary it was to-have the above-mentioned findings of fact before holding that the provisions of section 59 of the transfer of property act and its amending acts had been' complied with.40. the full bench of the allahabad high court in the case now under consideration declined to follow the above- .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-1939
Reported in : AIR1939Bom410; (1939)41BOMLR899
..... of the plaintiff firms, who are carrying on business as dealers in cotton, linseed and shares, and also as moneylenders, has been duly registered under the indian partnership act. it is not suggested that there was any general partnership between them. the two agreements under which money was agreed to be lent by the plaintiffs to ..... and the suit is filed to recover the amount due.8. in the written statements originally filed various contentions were raised. when the matter reached hearing an amendment was applied for, and the sole contention raised in this appeal was included in the written statement. the contention was that in this transaction the two plaintiffs ..... from defendants nos. 1 and 2 in respect of these transactions. various defences were set up on the merits, all of which failed, but by an amendment the defendants alleged that in respect of these transactions for financing them the two plaintiff firms became partners ad hoc, and that that partnership was not registered under .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-06-1939
Reported in : (1939)41BOMLR1119
..... the appellants had meanwhile been produced before the chief presidency magistrate, and made an application for a reference to the local government under section 8(a) of the indian extradition act. while this application was in course of being heard, the order passed by pandrang row j. was produced and the magistrate thereupon remanded the appellants to custody ..... appeared in a somewhat different form in the gazette, 1925, part ii, p. 307, under date january 3, 1925, in which it is expressly described as an amendment to the rules regulating proceedings under section 491(1) of the code of criminal procedure, and it was as follows, ' all applications for writ of habeas corpus shall ..... alteration of the rule to its present form appeared in the gazette, 1929, part ii, p. 1309, under date august 17, 1929, and the description of the amendment is identical with that in the earlier notification. accordingly, pandrang row j., as a single judge, had no jurisdiction to deal with petition no. 985.25. it .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-16-1939
Reported in : AIR1940Bom5; (1939)41BOMLR1190
..... the time during which the appellants were prosecuting the darkhast in the parner court in good faith should be excluded. section 14, clause (2), of the indian limitation act, says:-in computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether ..... under order xxi, rule 6(c). but the appellants made an application to the ahmednagar court to have the copy of the decree and the certificate of transfer amended. as observed in bhikaji v. dattatraya (1900) 2 bom. l.r. 888 'the civil procedure code contains no provision under which a representative of a deceased decree- ..... the parner court, and also that in any case the parner court should have stayed the proceedings in order to enable the appellants to obtain the necessary amended certificate from the court of the first class subordinate judge at ahmednagar and should not have dismissed the darkhast.3. the procedure to be followed by .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-18-1939
Reported in : AIR1940Bom54; (1939)41BOMLR1263
..... as the argument for the defendant is not so much that under the english law the evidence is admissible, but that proviso 3 to section 92 of the [indian] evidence act has the effect of altering the english law..those remarks apply equally well to the case before us.25. the facts of the present case are by no ..... prepared to hold that the suit is against the firm only. while the learned advocate for the defendants was entitled to emphasize the frame of the pleadings and the amendment application filed, it cannot be overlooked that the suit is substantially one based on the promissory-note, and against the individuals signing it. too much stress cannot be ..... here to contend that the suit is not against them individually but only against the firm. there is no doubt that the very unfortunate and ill-advised application for amendment which aimed at avoiding the plea of 'agriculturists' has necessarily resulted in a hornet's nest for the plaintiff. but considering the two-fold prayer (in the prayer .....
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