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 : 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 : 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-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 .....
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