Court : Mumbai
Reported in : AIR1923Bom92; (1922)24BOMLR991
..... , and that, even if the property did pass, the goods were not accepted by them within the meaning of section 118 of the indian contract act and the defendants were justified in refusing payment for the goods.12. as regards shipment, the contract (ex. b) provides that the ..... contract and to refuse payment for the goods as the defendants had not accepted the goods within the meaning of section 118 of the indian contract act. the first part of section 118 is as follows:-where here has been a contract, with a warranty, for the sale of ..... amendment. the defendants have since then amended the written statement.10. the defence so far as it related to quality was given up by the defendants ..... 2 so far as it related to shipment. thereupon counsel for the defendants asked for leave to amend the written statement and leave was granted to them on the defendants paying the costs of the day and the costs of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom177; (1922)24BOMLR1111
..... .17. further, the use of the words ''male heirs' does not import any limitation. according to the rule of construction laid down in section 84 of the indian succession act as to wills, such an expression in a will will be rejected as having no effect in the absence of any indication of a contrary intention. i do not ..... the further difficulty that, speaking generally, co-plaintiffs cannot sever at the trial but must appear by the same solicitors and counsel. accordingly before us the proceedings were amended by striking out the appellant as the third plaintiff, and adding him as the tenth defendant. the original draftsman of the plaint and originating summons had fallen into the ..... asked, when specific questions can easily be framed. see in re harman: lloyd v. tardy [1894] 3 ch. 607. accordingly, we directed the originating summons to be amended so as to raise the exact questions which the court was asked to decide.23. nor should the third plaintiff have been joined as such. it is true that he .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal74,72Ind.Cas.663
..... gorham v. bishop of exeter (1850) 5 ex. 630 at p. 667 : 82 r.r. 797 : 19 l.j. ex. 376 : 14 jur. 876 : 155 b.r. 276 nor at amendments and alterations made in committees: donegall v. layard (1860) 8 h.l.c. 460 at pp. 465, 472, 473 133 r.r. 39 : 11 e.r. 308; attorney-general v ..... rent commission, 1880, section 16, exp. 1; bill submitted by the bengal government, 1881, section 15, exp. 1; bill as introduced in the legislative council, 1883, section 16; bill as amended by the select committee of the legislative council, 1884, section 64(3).7. this provision was omitted at the final stage, as appears from the following passage from the report ..... legitimate aids to its construction, and lord watson observed that the same reasons which exclude their consideration when the clauses of an act of the british legislature are under construction, are equally cogent in the case of an indian statute. in that case, reference had been made by petheram, c.j., and prinsep, j., to the report of a select committee .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom125; (1922)24BOMLR1140
..... consent express or implied of the defendants.13. it was argued for the plaintiffs that the property in the cars passed to the defendants under section 83 of the indian contract act, and that the defendants were, therefore, liable for the price. it was also argued that delivery to the railway had the same effect as delivery to the ..... delivery to the railway was equivalent to delivery to the defendants, the case came on for hearing on july 31, 1922, when the plaintiffs applied for leave to amend the plaint by adding a further ground of claim, namely, that the plaintiffs had appropriated the twenty cars to the contract, and that the defendants had assented to the ..... that the property in the cars had therefore passed to the defendants. leave was granted to the plaintiffs to amend the plaint and the hearing of the suit was adjourned. the plaint has since then been amended and the amendment is set out in para 5 a of the plaint. the defendants filed their written statement denying that the terms .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom82; (1922)24BOMLR1284; 76Ind.Cas.115
..... by the munim as to whether he was their agent duly authorized in that behalf as required by section 20 of the indian limitation act. in view of the fact that though the plaintiffs had the opportunity of amending the plaint, they omitted to raise this particular point i do not think that that ground could be allowed at this stage ..... 6.crump, j.12. it is somewhat curious that the lower appellate court in this case came very close to applying article 85 of schedule i of the indian limitation act of 1908 without observing that that article was really applicable. the lower appellate court correctly described this account as a mutual account, but failed to observe what the ..... loans, and it held that the mere book entry of interest from year to year would not bring the case within the scope of section 20 of the indian limitation act. therefore it decided to allow only those items to the plaintiffs which were admittedly within three years prior to the date of the suit deducting those payments which .....
Tag this Judgment!Court : Mumbai
Reported in : (1927)29BOMLR1167
..... respect in bankruptcy was considered in in re mcmurdo: penfield v. mcmurdo [1902] 2 ch. 684. i may here say that if these matters had been considered by the indian courts i would naturally have preferred to have the decisions of the courts of this country cited to me. but, as far as counsel's researches have been brought to ..... cause why the list of creditors as settled by him and the amounts of dividend as declared by him should not be amended and rectified by including therein the name and claim of the applicant, and why the acting official assignee should not be authorized and directed to claim reimbursement of the excess if any paid by him to any of ..... i have referred to these english authorities because they were put first in argument. but really we have our own contract act in india, and i think that the section on the point is very clear. section 72 of the indian contract act runs :-a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or .....
Tag this Judgment!Court : Chennai
Reported in : 72Ind.Cas.599
..... be restricted by statute as in the case of appeals by persons under sentence of death (vide section 377, criminal procedure code) and as in the trials under the criminal law amendment act of 1908, section 11 or by rules framed by the high court under section 13.14. the case of in the matter of abdool sobhan 4 ind. dec. ..... not intend to confer in criminal cases a power similar to that which they had been given in civil cases.' now, the code of criminal procedure has been amended a number of times, and the legislature has not chosen to give a power of review to any court in a criminal case. section 369 is relied upon ..... j.7. this is an appeal presented under section 419, criminal procedure code, by one kunhammad haji against his conviction by the special first class magistrate of tirur, under section 436, indian penal code. the appellant presented, under section 420, criminal procedure code, what is commonly known as a jail appeal, which was dismissed by mr. j us lice krishnan, the vacation .....
Tag this Judgment!Court : Chennai
Reported in : (1923)44MLJ450
..... the case of appeals by persons under sentence of death (fide section 377, criminal procedure code) and as in the trials under the indian criminal law amendment act of 1908, section 11 or by rules framed by the high court under section 13.14. the case of in the matter ..... a power similar to that which they had been given in civil cases. ' now the code of criminal procedure has been amended a number of times, and the legislature has not chosen to give a power of review to any court in a criminal case ..... there appear any mistake of the clerk in making up the record, the court will direct him to amend it; and in general all slips in legal proceedings may be amended by an order of the court to be obtained in a summary way' stephen's commentaries 16th edition ..... neglect to be constituted into benches as arranged by him and choose to dispose of cases as they please they would be acting without jurisdiction. if a learned judge who has been asked to do admission work takes into his head to do sessions work .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom218; 76Ind.Cas.317
..... over the civil courts of the mofussil subject to the high court has been derived from the provisions of section 332 of the civil procedure code of 1859, as amended by section 23 of act xxiii of 1861. it appears to me to follow that the natural place to find the rules governing the exercise of the appellate civil jurisdiction over the ..... exemption can be claimed, the darkhast of 1916 would be out of time. the plaintiff contends that he is entitled to that exemption under section 14 (2) of the indian limitation act, and this is how he makes out his claim.3. it appears that the two spearate courts of poona and vadgaon have a common judge, that is to say, ..... decree under darkhast. no. 29 of 1919.2. the question is one of limitation and concerns, primarily, section 14, sub-section (2) and article 182(5) of the indian limitation act. to explain it, i will state shortly the material facts. the suit was an ejectment suit brought in 1906, and on the 27th november 1907 the plaintiff obtained a decree .....
Tag this Judgment!Court : Chennai
Reported in : 76Ind.Cas.741; (1923)45MLJ557
..... the english courts. i do not think too much importance should be attached to the terminological significance of the words 'period' and 'series' which are the expressions used in the indian act. but it is clear that such considerations, if invoked, tend to support the contention of the crown. in the case of the word 'period' it is incontestably so, ..... be leviable were the suits instituted in those courts, with a proviso that the fee shall, in no case, be less than rs. 150. this notification states that the amendments 'do come into force from the date of publication in the fort st. george gazette.'10. a gazette extraordinary was issued on the 5th of may, 1922 containing the ..... that i can to this case and the circumstances and the subject-matter of this notification, in my judgment, the plaints filed on may 5th are subject to the amended rules, and it must be declared accordingly.coutts-trotter, j.5. the short point for our decision is whether the new scale of fees applies to the plaint filed .....
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