Court : Mumbai
Reported in : (1926)28BOMLR879
..... these reasons i hold that the court in passing the decrees in question was competent to deliver the judgment it did within the meaning of a 44 of the indian evidence act; and also that the court had sufficient jurisdiction to bring the case within section 11 of the civil procedure code. the question, therefore, whether that judgment is res judicata under ..... , unless and until it was overruled by proper authority, whether by a full bench or by the privy council, or until it was superseded by some legislative enactment or amendment of the letters patent. for the court to say that, in such circumstances, the decrees passed by that court are pure nullities, though the court, according to authority ..... that statement. some of these are: eyre v. wynn-mackenzie [1896] 1 ch. 135; day v. kelland [1900] 2 ch. 745 and poulton v. adjustable cover and boiler block com-pany[1903] 2 ch 43in the first of those two cases a statute had altered the law, but it was held that the statute could not operate in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom167; (1927)29BOMLR253; 101Ind.Cas.144
..... the company is in liquidation and the suit in question was brought after the winding-up petition although before the winding-up order. accordingly, section 171 of the indian companies act, 1913, provides:-when a winding-up order has been wade, no suit or other legal proceeding shall be proceeded with or commenced against the company except by ..... the other hand, the applicant elects the contrary, then the present appeal will be dismissed, and we think with costs. but if, on the contrary, he elects to amend, then we think the fair order as to costs would be that the applicant should pay half the costs of the liquidator of the present proceedings. substantially the fight ..... have power to impose terms under section 171, and, accordingly, the terms we impose on granting this concession is that the applicant do first elect whether he will amend his plaint in the suit by confining the relief claimed to a mere money demand and by abandoning all claims on the basis of his being a secured creditor, .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1334; 95Ind.Cas.556
..... the conjoint effect of sections 106 and 130 of that act, clause 19 of the amended letters patent of 1865, clause 18 of the original letters patent of 1862, and sections 8, 9 and 11 of the indian high courts act, 1861, we have to apply to this case the law which would have been 'applied by ..... where the crime of adultery with a married woman is not involved ; and that it may well be a matter for consideration by the indian legislature as to whether an act on the lines of the slander of women act, 1891, should not be passed for the better protection of women and girls in india against imputations on their chastity. the provisions in ..... bom. l.r. 1.5. turning to the law, it is clear that no civil remedy for slander is given expressly by any of the indian codes. nor does section 112 of the government of india act, 1915 apply as this is not a matter of inheritance or succession, nor one of contract or dealing between party and party. accordingly, by .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom195; (1927)29BOMLR19; 101Ind.Cas.229
..... inconvenience) of the compulsory registration of two documents, viz., the contract and the conveyance. accordingly, what is now section 17 (2) (v) of the indian registration act, 1908, was passed in 1877 to exempt the ordinary contract of sale from registration and to confine registration to the conveyance. (see chunilal panalal v. bomanji ..... 4. no.5. yes.57. i would, accordingly, allow the appeal, and set aside the order under appeal, and direct instead that the questions in the amended - originating summons be answered as above mentioned. there should, accordingly, in my judgment, be an order on the plaintiffs for payment of the earnest-money etc. ..... us it became clear that this single question was insufficient to deal with the real dispute between the parties. accordingly, we allowed the originating summons to be amended by striking out the original two questions, and by substituting therefor the following questions, viz.:-1. whether the plaintiffs made out a marketable title to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom163; (1927)29BOMLR196
..... not necessary for the purposes of this case to attempt to define exactly the extent of those powers. but it is clear from section 29 of the act that the power to amend the inquisition is restricted to cases of technical defects: and as regards quashing the inquisition it is definitely provided that it shall not be quashed for ..... the same from being quashed on account of technical defects:15. then follow provisions which are substantially reproduced in section 29 of the present coroner's act. that supports the view that amendments should only be made in cases where there is some technical defect such as is referred to in the second paragraph of section 29. to exercise ..... s bench have and may lawfully exercise, within that part of great britain called england, as far as circumstances will admit.6. when the indian high courts act was passed in 1861, under section 9 of that act (24 & 25 vie. c. 104), all the power and authority vested in the supreme court and in the sudder adawlut were reserved .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom264; (1927)29BOMLR332; 101Ind.Cas.403
..... , that even while passing a decree for restitution of conjugal rights the court could expressly direct that it should not be executable by imprisonment, under the latest amendment the penalty is abolished.23. the earliest case dealing with the point in this court is yamunabai and narayan jaganath bhide v. narayan moreshvar i.l.r. ..... pointed out by the learned chief justice, begin in england from the ecclesiastical courts and have been modified by legislation. they have been adopted by the british indian courts by various analogies such as to consider them as a species of suit for specific performance. however that may be, it is undoubted, since the ..... 419 says:-now, in dealing with a question like the present, involving the relations of married people towards each other, the spiritual courts always proceeded to act as having full jurisdiction over domestic life. they investigated the whole conduct of the spouses, and they undoubtedly recognised no middle course between the order for renewed .....
Tag this Judgment!Court : Mumbai
Reported in : (1927)29BOMLR170
..... . 53 was decided in 1902 when the code of 1898 was in force. and section 239 of that code as it then stood is substantially reproduced by the amending acts of 1923. but i fail to find any universal rule laid down in that decision. the facts are not stated with sufficient fulness to make it possible to ..... would bo unnecessary. here there certainly was an accusation that an offence had been committed by accused no. 1 under sections 209 and 210, read with section 511, indian penal code, and though the complaint did not specifically allege that accused no. 2 had committed abetment of that offence both the accused were alleged to have given ..... the evidence, came to the conclusion that these statements were proved to be false to the knowledge of the accused persons, and, accordingly, convicted them under section 193, indian penal code, and passed sentences against accused no. 1 of three months' and one month's rigorous imprisonment and against accused no. 2 of three months' rigorous imprisonment .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom177; 100Ind.Cas.981
..... r. 53, was decided in 1902 when the code of 1898 was in force. and section 239 of that code as it then stood substantially reproduced by the amending acts of 1923. but i fail to find any universal rule laid down in that decision. the facts are not stated with sufficient fulness to make it possible to ..... be unnecessary. here, there certainly was an accusation that an offence had been committed by accused no. 1 under sections 209 and 210, read with section 511, indian penal code, and though the complaint did not specifically allege that accused no. 2 had committed abetment of that offence both the accused were alleged to have given false ..... the evidence, came to the conclusion that these statements were proved to be false to the knowledge of the accused persons, and, accordingly, convicted them under section 193, indian penal code, and passed sentences against accused no. 1 of three months' and one month's rigorous imprisonment and against accused no. 2 of three months' rigorous imprisonment .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom217; (1927)29BOMLR352; 101Ind.Cas.555
..... i.l.r. (1884) 6 all. 250 for the court's decision on order xlv, rule 7, prior to the amending act xxvi of 1920.24. i would, accordingly, answer the question submitted to us in the affirmative.crump, j.25. i agree.patkar, j.26. ..... opinion expressed in ram dhan v. prag narain, i.l.r. (1921) 44 all. 216 i am unable to see that the amendment made by act xxvi of 1920 has been very carefully drafted. however that is a minor point. and i need not, in the view i take ..... and if that view is inconsistent with the true construction of order xlv, rule 7, and with the intention of the indian legislature, as expressed by act xxvi of 1920, then we have to refer to section 112 of the civil procedure code which provides that 'nothing contained in this ..... if the view taken by mr. justice fawcett is correct as to the true construction of that rule, namely, that thereby the indian legislature intended to fix a prescribed period which could in no event be extended, then a further question arises as to the effect of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom278; (1927)29BOMLR498
..... the remedial provisions of the trustee act, 1850, (13 & 14 vic. c. 60), the trustee act, 1852, (15 & 16 vic. c. 55), and lord cranworth's act (23 & 24 vic. c. 145) to indian mortgages and trusts. the preamble to the former indian act states that it is expedient to consolidate and amend the laws relating to the ..... preventing their desuetude by a system of rules borrowed from the english courts of equity.19. i, therefore, regard these two acts, viz., the indian trustees act, 1866, and the trustees' and mortgagees' powers act, 1866, as affording clear legislative recognition of the applicability of the english law of mortgages in certain cases whether within, or ..... 571 there is clear authority for looking at such reports, which also come under the words 'appropriate books or documents of reference' in section 57 of the indian evidence act. in footnote (g) at p. 140 of hardcastle's statutory law, 3rd edition, are given further instances where such reports of statutory commissions have been .....
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