Court : Mumbai
Reported in : (1904)ILR27Bom276
..... shall be deemed invalid only by reason of its relating to any of the purposes comprised in the above list.12. this act was amended by the indian councils act of 1892, which by section 6 provides:6. in this act-the expression 'local legislature' means (1) the governor in council for the purpose of making laws and regulations of the ..... power to depart from the principles and methods of that act.19. in the first plane it is contended that so far as the improvement act, can be regarded as a repeal or amendment of the land acquisition act, its validity must be judged by section 5 of the indian councils act of 1892, under which the local legislature of any province ..... can only repeal or amend as to that province. that, it is said, does .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR491
..... , secondly, that the bargain was an unconscionable one, and procured by the exercise of undue influence within the meaning of section 16 of the indian contract act, 1872, as amended by section 2 of act vi, of 1899.5. the first point depends on the construction and effect of the group of sections (161 to 177) in the oudh ..... conditions of the contracting parties. in other words, the respondent's consent to the transactions was caused by undue influence within the meaning of the amended section 16 of the indian contract act, and the transaction was therefore voidable. accordingly the court gave the plaintiff a decree for rs. 4,500 (the principal money under the first bond ..... of the parties was such that auseri lal was ' in a position to dominate the will' of the respondent within the meaning of the amended section 16 of the indian contract act. it remains to be seen whether auseri lal used that position to obtain an unfair advantage over the respondent.13. the subordinate judge was wrong .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR789
..... facts preliminary to the admissibility of evidence are for the court.... so whether a confession is voluntary. ' and this is in accordance with the scheme of the indian evidence act, according to which a confession is inadmissible, only if the court considers it to have been induced by illegal pressure. section 24 says it is not to be ..... in sight what the legislature really means. about this the language and the policy of the section, combined, leave, i think, no reasonable doubt. before the last amendment, statements made by witnesses to the police and recorded by the police might not be used as evidence against the accused. but there was nothing to prevent them being ..... trying the accused to reserve the question, as to whether the confession was legally admissible in evidence against the accused, as provided by clause 25 of the amended letters patent. there is no certificate before us from the advocate general that the admission of the confession was in his opinion an error of law on the .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR967
..... a.m. jeewanjee, for a revision of the judgment of the chief presidency magistrate, convicting him of the offence under sub-section 1 of section 107 of the indian emigration act of 1883, as amended by act no. x of 1902. under that provision, 'whoever without having first obtained the permission of the local government referred to in section 107, sub-section 1, ..... jamal, purporting to bind the latter to depart by sea out of india for one of the purposes specified in section 107 of the indian emigration act. that is a finding of fact which this court, acting under its revisional jurisdiction, will not revise unless it is vitiated by any error of law or based upon a gross misconception of the ..... to the language of the section or the subject matter of it or its object, the manifest intention is to hold the master liable for his servant's act, provided the act was done by the servant so as to bind the master according to the law of contract. were it otherwise, it would be possible for any person to .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR77
..... to original and appellate jurisdiction and otherwise as are constituted by the laws relating to insolvent debtors in india.8. on the 28th of december 1865 the amended letters patent were granted; the purpose being to make further provision respecting constitution of the high court, and the administration of justice thereby.9. by the ..... withholding from section 26 its literal and natural effect.3. but then it is argued that the amended letters patent have affected the jurisdiction of the court.4. by section 2 of the indian insolvent act it is provided that the courts established as therein mentioned shall be continued and continue to be courts of record and ..... relief of insolvent debtors sitting in bombay has jurisdiction to make an order under section 26 of the indian insolvent act against a person residing at amritsar. the merits of the case have not beendiscussed before us.2. the act was passed by the imperial parliament, which was competent to give the jurisdiction claimed; the words of .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR1176
..... the provisions of section 32 of the indian trustee act it is necessary to study the act itself very carefully and to ascertain the scheme of the act before one can appreciate correctly the scope of its provisions. it is entitled the indian trustee act and it is an act 'to consolidate and amend the laws relating to the conveyance and ..... and vesting a portion of the plaintiff's property in such special commissioner was justified under the provisions of section 32, para 2, of the indian trustee act being act xxvii of 1866. this contention of mr. talyarkhan requires careful consideration for if the second paragraph is read by itself independently of the first paragraph ..... transfer of property in british india vested in mortgagees and trustees.'14. it is an enabling act empowering the high court to assist in the conveyance of estates .....
Tag this Judgment!Court : Mumbai
Reported in : 2Ind.Cas.173
..... argument ab inconvenienti can properly be pressed. it may be observed, moreover, that here in india we are governed by our codes, which are subjected to fairly frequent amendment whenever amendment is considered to be required; so that there should be the less temptation to judges to encroach upon the province of the legislature. and i am. aware of ..... which i have dealt in the earlier part of this judgment. it is unnecessary, therefore, to invoke the aid of either section 247 or any other provision of the indian contract act.17. for these reasons i am of opinion, that the conclusion of law arrived at by heaton, j., is correct. his decree, however, goes further than the ..... this:the defendant firm is not a partnership in the legal sense of the term, because it consists of the members of a joint family, governed not by the indian contract act, but by the hindu law. those members were co-parceners, who carried on an ancestral trade in the name of the family firm. their relations, whether inter se .....
Tag this Judgment!Court : Mumbai
Reported in : 3Ind.Cas.124
..... of all others in deciding the really extremely simple question in issue between ahmedbhoy and the executors of bai awabai. thus when the plaint came to be amended the sons and grandsons are made party defendants although the plaintiff still maintains that he does not anticipate any resistance from them, nor seeks any relief against ..... not likely to be further contested, the appeal would have at once gone out. i believe the principle of this decision is supported by every english and indian case, with the single exception of one calcutta case. and speaking with the greatest respect to the learned judges who tried that case, i cannot approve of ..... fot joining parties who have registered claims against a property to be sold, in a suit between vendor and purchaser. and it does appear that those special acts contemplate in special circumstances a departure prom, the perfectly well-established rule that in suits for specific performance between vendor and purchaser, third parties cannot be brought .....
Tag this Judgment!Court : Mumbai
Reported in : 4Ind.Cas.249
..... of its institution. is there then anything in the law of limitation which prevents them from obtaining relief in respect of their share of the property? section 28 of the indian limitation act provides that 'at the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property, shall be ..... appears from the judgment of the learned, judge of the appellate court that he, for the purposes of the suit, treated them as co-plaintiffs although he did not amend the record by placing them among the plaintiffs and striking them out from among the defendants.13. it has been held in calcutta in the case of nogendrabala debya v ..... defendants nos. 4 and 5 have been parties all along, so that it is not a case of adding parties.' for these reasons the decree of the lower court was amended by a direction that the defendants nos. 4 and 5 should recover their moiety of the property from the defendants nos. 1 to 3.6. it has been argued on .....
Tag this Judgment!Court : Mumbai
Reported in : 5Ind.Cas.213
..... -general v. brodie 4 m.i.a. 190. their lordships of the privy council in that case seem to entertain no doubt that, as the east indian company's act was remedied, no restricted construction should be placed on section 111. the concluding portion of that section, lord langdale said, was not abridged by any words ..... departure and not merely a statutory expression of powers which have always existed and been fully recognised. last, reading section 44 of the amended letters patent with section 56(k) of the specific relief act, it is contended that any such power as the advocate-general now claims is expressly barred by the statute. ingenious, though all ..... 1907 the engineering department informed the defendant that there was no objection to the proposed extension as shown on the amended plans, provided the work was carried out in accordance with the provisions of the municipal act and building bye-laws. the plans which were then submitted to the municipal authorities give an all round height of .....
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