Court : Mumbai
Reported in : (1920)22BOMLR146; 55Ind.Cas.591
..... or shore on which such, alluvial land has formed...2. that is how the section ran in 1912. it has since been altered by act iv of 1913. it is evident from the written statement that the collector considered that the land in question was part of the river bed ..... of action, was bound to set aside the order of the 16th july 1912, and under article 14 of the indian limitation act, he was bound to file that suit within one year. the order of the 16th july 1912 was passed before ..... it is quite plain from the plaint in this case that what the plaintiff complains of is the act or order, whichever it may be, of the collector, of the 16th july 1912. if that act or order was correct, the plaintiff has no cause of action. if it was not correct, ..... act xi of 1912 came into force, and, under section 11 of the , bombay revenue jurisdiction act it is quite clear that time must be held, as was held in another case quite recently .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)ILR64Bom515
..... mortgage. we think it impossible to assert that the mortgage was nominal or that it was without consideration. but the plaintiff has strongly urged us to allow him to amend the plaint and convert the suit into, at any rate alternatively, a claim for redemption. it is perfectly true that the inquiry made by the trial judge and the ..... under order xxi, rule 103. there is a specific period of limitation prescribed for suits brought under order xxi, rule 103, namely, article 11 a of the indian limitation act. but that only, applies when the court dealing with an application under order xxi, rule 97, enters upon an inquiry and investigates the claim see rustamji's limitation ..... to the property in suit which he filed would all be thrown away. no doubt the rules with regard to the amending of pleadings are very wide, but the court is generally strongly opposed to allow an amendment which entirely alters the nature of the suit. the suit was one really, although it was not specifically so stated in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1921Bom93; (1921)23BOMLR939
..... under section 10 to compensation. some other provisions as to removing obstructions and paying compensation will be found in sections 10 and 12 of the indian ports act, 1908, which was amended by act vi of 1916, but i do not think i need pursue that.64. then coming down to the time of the present dispute the defendant ..... and accordingly i think it would be open to the defendant to found his case on prescription or the presumption of a lost grant quite irrespective of the indian easements act. [after discussing the evidence on the point his lordship proceeded:-] i, therefore, think that the defendant has proved that he and his grandfather have been in ..... the explanation to that section ' the expression ' land ' includes also things permanently attached to the earth.'57. he next relies on the definition of easement in the indian limitation act ix of 1908. section 2(5) says: -easement' includes a right not arising from contract, by which one person is entitled to remove and appropriate for his .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)22BOMLR1370
..... two questions arise upon this appeal -the first as to whether the judicial commissioner of the north-west frontier province was right (a) in permitting the three first respondents to amend their pleadings, and (6) in dismissing certain appeal in that had been wrongly entered in his court. the two points are distinct, but they both arise in connection with ..... require to be followed by farther consequential relief, m-the order were to be effectual. they, therefore, could not have proceeded under section 42 .of the specific relief act, nor is a claim for a bare declaration of right to pre-empt the right way of asserting the right to pre-emption; and when the difficulties in the-plaintiffs ..... not, in their lordships' opinion, quite accurate to way that a plea that such a suit has not been brought within the proper period of time limited by the act is a technical plea, if by a technical plea w meant a pea which assert rights which have no merits for their supports. but their lordships are in full .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1921Bom87(1); (1921)23BOMLR749
..... be adhered to, because it is always open to the legislature if it thinks the courts have put a wrong construction on the words of an act to make its meaning clear by amendment.17. for myself i have considerable doubts whether section 216 of the bombay land revenue code was rightly construed in gangadhar v. morbhat, for, although ..... only the unalienated share, from the provisions of the section. still, although government must have been aware of the decision of this court, the section has not been amended, so that it may very well be that government at the time agreed with the construction placed upon it by this court, although from what the government pleader has ..... the dictum can only be considered with reference to the facts of the case then before the court. there the question was whether the period prescribed by the indian limitation act for a particular kind of relief was three years or twelve years, and it might be said that in cases of recurring liability such as for maintenance or .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR1060
..... subsequent legislation. this seems to be the conjoint effect of section 130 of the government of india act, 1915, sections 8, 9 and 11 of the indian high courts act, 1861, section 18 of the original letters patent of 1862, section 19 of the amended letters patent of 1885, and the above clauses 28 and 36 of the supreme court charter, ..... worship. section 92 of the civil procedure code is still wider in its application. and recently in response to a public demand for still greater protection for indian religious and other charities, the charitable and religious trust act, 1920, has been passed. nowhere do i find any express exemption of dawoodi borah mosques or other charities.106. but speaking very generally, ..... . no doubt in in re hallett's estate (1879) 13 ch. d. 696 sir george jessel said that the beneficiary was entitled to a charge. the indian trusts act, 1832, section 63, illustration (b) is to the like effect. but in in re hallett the exact point did not arise for decision, and the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1921Bom338; 84Ind.Cas.759
..... by subsequent legislation. this seems to be the conjoint effect of section 130 of the government of india act, 1915, sections 8, 9 and 11 of the indian high courts act, 1861, section 18 of the original letters patent of 1862, section 19 of the amended letters patent of 1863, and the above clouse 28 and 36 of the supreme court charter, 1823. this ..... .t. 421 the exact point did not arise for decision, and the indian trusts act does not apply to charities. further they do not expressly negative the right of the beneficiary to an aliquot share if that would be more to his benefit. in attorney ..... in in re hal left's estate (1880) 13 ch. d. 693 : 49 l.j. ch. 415 sir george jessel said that the beneficiary was entitled to a charge. the indian trusts act, 1882, section 63, illustration (b) is to the like effect. but in in re hallett's estate (1880) 13 ch. d. 693 : 49 l.j. ch. 415 : 42 l .....
Tag this Judgment!Court : Mumbai
Reported in : 64Ind.Cas.103
..... requires to be considered, with a view to make it clear beyond controversy as far as possible, either by adequate rules under section 55 of the act or by a suitable amendment of the act, as to what should constitute the making of the award, and what definite step, if any, should make the award final and conclusive of the ..... an offer is not binding on the party making it, until it is published or communicated to the party for whom it is intended and as the amendment of the act is now under consideration, it is desirable that this question which is constantly arising in one form or another in references to the court under section 18, ..... a view to make his award. after making the inquiry contemplated by the act be prepared his award on the 22nd march 1916, and in accordance with certain departmental instructions contained in the government resolution no. 6355 of 1909 as amended by government resolution no. 7487 of 1910, submitted his award to the consulting surveyor to government through .....
Tag this Judgment!Court : Mumbai
Reported in : (1921)23BOMLR1144; 66Ind.Cas.726
..... western bank and lindley on companies, vol. i, p. 658.21. the expression 'goods' in section 108 of the indian contract act includes all moveable property. see section 76 of the indian contract act, the general clauses act no. 1 of 1868, section 2, sub-section 6, defines moveable property as meaning property of every descripttion except immoveable ..... unless the circumstances which render the contract voidable amount to an offence committed by the buyer or those whom he represents: see section 108, exception 3, indian contract act.32. i hold, therefore, that even if ismail was induced to part with the share certificates on the fraudulent representations of anveri which amounted to cheating ..... were entitled to the two half shares.14. after the issues were raised counsel for the plaintiff applied for amendment of the plaint and the same was granted.15. the plaintiff's case as amended is as follows:-16. the plaintiff dealt with the brokers as principal with principals and not as principal with .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR50
..... applicant under the said amended rule and sentenced him to pay a fine of one rupee. the applicant has applied to ..... the rules published on the 18th december 1918. the applicant contended that the said rule as amended was and is ultra, vires of the powers conferred on the local government by sections 10 and 11 of the indian motor vehicles act, 1915, and that the same was invalid and of no effect. the third presidency magistrate, however, convicted the ..... prescribed manner, and in order to come within the provisions of section 10 of the act he was liable to be charged with a fresh fee before he could get his certificate renewed.11. now it is contended by the applicant that the amendment of the rules by the local government limiting the duration of time for which a .....
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