Court : Mumbai
Reported in : (1922)24BOMLR323; 67Ind.Cas.322
..... in this connection be made to the material words in section 19(1) which are that 'the recording officer may investigate and decide such dispute, and frame or amend the settlement register accordingly.'16. finally, it was contended for the appellants that the entry in question may be regarded as a 'decision' of the recording officer based ..... 7. for the determination of this question it becomes necesary to examine the material provisions of sections 16 to 21 which come under part iii of the said act.8. section 16 provides that the settlement register prepared under section 108 of the bombay land revenue code 1879, shall show whether a particular survey number is ..... of this suit. the third issue was : whether the said entry in the botkhat was a ' decision' within the meaning of section 21 of the khoti settlement act 1880, so as 'to give finality against plaintiff, and what would be its effect ?'4. the learned judge held that the plaintiff had satisfactorily established his title and .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR416; 67Ind.Cas.852
..... to justify that demand, and that the obvious way to remove the difficulties which arise in cases like the present one was to amend the second schedule so as to make it clear that only valuable indian shawls were intended to be included therein, i am not prepared to differ from the view taken by my brother shah which is ..... (1912) cal. 1029 which was a second appeal and the court considered that the real question at issue was whether the word 'shawls' in the second schedule of the indian railways act was meant to apply to all shawls, or only shawls of a particular material and value, and not whether 'alwans' were or were not shawls. the term 'shawls' ..... j.10. the only question in this second appeal is whether the piece goods contained in the missing parcel were 'shawls' within the meaning of schedule ii of the indian railways act ix of 1890.11. the importance of the question is that if the parcel contained 'shawls' the railway company would not be liable for the loss, as the declaration .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR1167; 76Ind.Cas.433
..... court charter, and that this was 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 1865; and certain other clauses of the supreme court charter 1823 advocate general of ..... supreme court's charter at any rate in certain particulars. i may refer in particular to sections 106 and 130 of the government of india act 1915, and to clauses 32 and 33 of the amended letters patent of 1865.40. accordingly, i have been referred to some old admiralty rules of this court of 1867, some of which are ..... now used in...england '.39. we know that in the year 1861 or thereabouts the supreme court and the east indian company's courts were amalgamated and became our present high court. and then began the indian high courts acts and the charters which i have referred to. they will be found to continue in effect our admiralty jurisdiction, and .....
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 : 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 : 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 : Mumbai
Reported in : AIR1924Bom193; (1923)25BOMLR747; 84Ind.Cas.808
..... for they were decisions on ex-press points such as the right to surplus income, whereas vidya varuthi thirtha's case was merely a decision on that troublesome act the indian limitation act. a still later decision of the privy council in srinivasa chariar v. evalappa mudaliar deals with the position of a dharmakarta of a hindu temple. he is ..... lasting over a week it is still not clear whether he claims that the general duty to maintain the institution is a legal or a moral obligation.30.this amendment of the original written statement, this nebulous argument, and this reluctance to be confined within the bounds of a formal pleading, throw much suspicion on the bona fides ..... suit was 'his own property' and 'that the same was not public charitable property' (exhibit 40). at the close of the trial in the lower court he amended that written statement and pleaded that 'he is owner of the properties in suit subject to the charge of maintaining the institution.' yet the judgment of the lower court .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom208; 82Ind.Cas.27
..... 108 is inapplicable and the question must be considered apart from it. in that case there is no special rule in the indian evidence act and the burden of proof would lie on plaintiff. though it is proved that rakhama disappeared twenty years ago, there is nothing ..... baji. but that argument is clearly not open to the appellant, in view of the proceedings under which he was allowed to amend the plaint so as to claim as a reversioner, but the request to add dwarka as a co-plaintiff was disallowed.18. ..... ., to add dwarka as a co-plaintiff. but that amendment was refused.2. now the plaintiff is suing for possession, and the onus of proof is on him to make out his title ..... her death in 1908, and that dwarka accordingly was a reversioner, and the plaintiff sues in right of dwarka as reversioner. a further amendment was asked for on the remanded trial, which will be found in paragraph 28 of the judgment of the learned trial judge, viz .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)ILR46Bom605
..... a court of appeal, reference or revision, charged with any offence, the law as contained in the penal code or amending acts of such code should be applied. section 112 of the government of india act lays down that the high courts of calcutta, madras and bombay should, in the exercise of their original jurisdiction in the ..... decision was perfectly correct and can be supported on other grounds to be found on a proper interpretation of the code itself.6. by section 340 of the indian penal code, whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said to wrongfully confine ..... it may be correct to say that the code of criminal procedure does not specifically deal with the matter under discussion here. however this may be, the indian penal code makes 'wrongful confinement' an offence by section 342. what amounts to wrongful confinement must he ascertained by examining the definition contained in sections 339 and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom467; (1923)25BOMLR797
..... no. 221 of 1913. venkaji, who is now dead, was examined in that case and his evidence has been put in as exhibit 139 under section 32 of the indian evidence act.10. that evidence was very important as venkaji was the mukhtyar of somappa. appellant's counsel contendud very strongly that his statement and the list were inadmissible in evidence, but ..... to give effect to the partition made by the father, which was extremely favourable to him, to remain joint with his father. secondly, if the court refused to allow his amendment and referred him to a separate suit for partition, it is difficult to see how it can be said that the omission to have the question of equal partition decided ..... to sue in the alternative for a partition of the property as joint family property. he certainly might have done so and he even asked the court for leave to amend his plaint at a late stage but his application was rejected by the court. in the first place, i do not see myself why the plaintiff was bound to claim .....
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