Court : Mumbai
Reported in : (1919)21BOMLR849
..... effective.17. i also refrain from expressing any opinion as to whether under the circumstances the official assignee should have attempted to enforce the judgment under section 86 of the indian insolvency act or should have himself intervened in those proceedings, if he thought that he had any right to the property in suit, instead of allowing his intervention to be pleaded ..... the rule in cohen v. mitchell could not apply to the agreement with which the court had to deal in that case. in macleod v. b. b. & c. i. ry. company (1905) 7 bom. i.r. 618 it was urged that the doctrine of cohen v. mitchell was limited to those cases where the insolvent's after-acquired property had been ..... for partnership purposes and sold and conveyed to bona fide purchaser for value before the trustee intervened in the case of in re kent county gas light and coke company limited [1909] 2 ch. 195. the rule in cohen v. mitchell received a statutory recognition in section 11 of the bankruptcy and deeds of arrangement .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom77; (1916)18BOMLR587
..... each had no more than a right to the equity of redemption. for that altogether ignores the very salutary and necessary principle of section 178 of the indian contract act regulating what actually occurs when these mortgages of chattels are effected. the subject is doubtless confused by substituting the word ' mortgage' with all its legal ..... immediately transferring the legal estate; because we come at once in conflict with the principle to which expression is given in sections 108 and 178 of the indian contract act. the mortgage of chatties, whether by parole or by a writing, instantly transfers the property in the goods from the mortgagor to the mortgagee, that ..... only too obvious that they were advisedly worded to have much larger and freer scope than the english factors act. commentators, i notice, referring to the discussion which arises over these sections before the indian contract act was passed record objections to them on the score that they convert the whole of india into a market .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom242; (1915)17BOMLR696; 30Ind.Cas.909
..... what was said by the privy council in t.p. petherpermal chetty v. r. muniandy servai : (1908)10bomlr590 , where lord atkinson observed:as to the point raised on the indian limitation act, 1877, their lordships are of opinion that the conveyance of the nth june 1895, being an inoperative instrument, as, in effect, it has been found to be, does not bar ..... lower courts' finding on this point.3. as to the question of limitation, the argument for the appellant is that the suit is governed by article 91 of the indian limitation act, which prescribes for the institution of the suit a period of three years from the date when the facts entitling the plaintiff to have an instrument cancelled or set aside .....
Tag this Judgment!Court : Mumbai
Reported in : IIIInd.Cas.963
..... an accomplice is unworthy of credit unlse he is corroborated in material particulars (illustration (b) to section 114 of the indian evidence act); and a conviction will not be disturbed by this court under its re-visional jurisdiction on the mere ground that the said rule of practice has ..... in material particulars by the evidence of independent circumstances, connecting, as required by the rule of practice which we have referred above, the petitioner with the act of receiving the bribe. the two witnesses state that, as an inducement for showing them favour by influencing the collector and getting orders from the latter, permitting ..... in material particulars by independent evidence. it cannot be said that the courts below have acted solely upon the evidence of the accomplices. and even if they had, the conviction would not have been illegal (section 133 of the indian evidence act). it is not a rule of law but one of mere practice and prudence that .....
Tag this Judgment!Court : Mumbai
Reported in : 4Ind.Cas.126
..... of section 24.10. as i have observed before in this matter, english cases cannot be accepted as offering any guide whatever, the provisions in the english and indian acts being entirely different. take for instance the case principally relied upon by the learned counsel for the applicant, ex parte thoday (1876) 2 ch. d. 229 and ..... the only precedent in support of the present applicant's contentions. it seems to me, that case is no authority whatever for holding that under the indian insolvent act parties other than the adjudged insolvent can apply for are vocation of the adjudication order. the question of the applicant's locus standi was never raised land ..... to make this application for either review or revocation of the adjudication order.5. the insolvent was adjudicated in accordance with the provisions of section 9 of the indian insolvent act, 11 and 12 victoria, c. 21. that section after providing for the adjudication of a trader provides for the revocation of that order in the following .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom522; (1939)41BOMLR1084
..... endorsement or certificate to comply with the provisions of section 79 of the indian evidence act. if the plaintiff succeeds in proving that genuine certified copies are in accordance with the copies annexed to the plaint, the suit will be decreed as the ..... of the copies filed has not been challenged. when the plaintiff tendered certain copies it was pointed out that proof as required by section 79 of the indian evidence act was not forthcoming to show that the certified copies were genuine. the matter has, therefore, to be adjourned to enable the plaintiff to obtain the necessary ..... fact that the decree is enforceable in junagadh court is not relevant in considering whether the suit is time-barred or not under article 117 of the indian limitation act. in the same way, whether the decree is not enforceable because it is barred by the law of limitation prevailing in junagadh is equally not relevant .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)1013; 2003CriLJ4008
..... sessions court the petitioner was wrongfully and illegally confined for five days in chapter case no. 43 of 1994 which amounted to an offence under section 342 of ipc. the respondent no. 2 was party to the said proceedings in the sessions court and was represented by his own advocate. the said observations were never challenged ..... by him before the higher forum. we are also of the view that the respondent no. 2 was acted illegally without following the procedure under the provisions of cr.p.c. before confining the petitioner to jail. in the circumstances, we direct the state government to take ..... to obtain interim bond from him. such orders are brought to the notice of this court time and again. the persons who are appointed as executive magistrate are acting callously and in utter disregard of the right of a citizen for personal liberty guaranteed by article 21 of the constitution. the order passed by the executive magistrate .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom529; (1930)32BOMLR1065
..... . jal : air1924bom41 , where he disagreed with what was stated by sir francis maclean in brij coomaree v. salamander fire insurance company ilr (1905) cal. 816, and thought that the provisions of the indian contract act must give way to the express intention of the parties. this view is supported to some degree by the decision of mr. ..... the assent of the buyer, unless a different intention appears. so that provision illustrates that, there is nothing against mercantile usage in construing section 83 of the indian act in the way i have, because the same rule exists in england with this difference that english law allows the exception of the parties making a bargain to ..... , with the result that the property did not pass till the cheque was honoured. it states (p. 99):-their lordships consider this argument quite unsound. the indian contract act settles that property is to pass on delivery. delivery is a fact, and the statutory result must follow. further, the rule cannot be read as an express .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom565; (1927)29BOMLR1254
..... such acts unaffected. we are not here concerned with them. we are concerned with ..... 'other' construed grammatically can only mean 'other than the indian arbitration act.' the words used suggest that statute law is meant. there are statutes other than the indian arbitration act containing provisions for arbitration, e.g., the indian companies act and the dekkhan agriculturists' relief act. the object of these words is to leave the provisions of ..... new section, section 89, thus became necessary to confer jurisdiction. it runs as follows :save in so far as is otherwise provided by the indian arbitration act, 1899, or by any other law for the time being in force, all references to arbitration whether by an order in a suit or otherwise .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR1144
..... carson conveys or was intended to convey the meaning that no memorandum relating to a deposit of title deeds can be within section 17 of the indian registration act unless it embodies all the particulars of the transactions of which the deposit forms part, their lordships are of opinion that no such memorandum can be ..... they maintain that, inasmuch as it was rot registered as required by section 17(1)(b) of the indian registration act, 1838, it is inadmissible in evidence and the mortgage is consequently unenforceable under section 49 of that act. to this the appellants reply that the memorandim did not effect or constitute any transaction between the parties, ..... the said hereditaments and premises described in the said first schedule hereto such as is contemplated in the concluding proviso to section 59 of the transfer of property act (such security having been created prior to the execution of this agreement by the delivery of the documents hereinbefore mentioned-would (sc. shall) be held .....
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