Court : Mumbai
Decided on : Jun-17-1937
Reported in : (1937)39BOMLR1046
..... , the entry against it in the tenure column is 'o' it further appears that the question of the assessibility of the property was raised in 1913 when, after inquiry, the department minuted in the following year that ' the land cannot be assessed since it is held without assessment for more than sixty years under g.r. no. ..... judgment for the plaintiff and granted her a declaration as craved. on august 2, 1933, the high court of judicature at bombay reversed the decree of the revenue judge and dismissed the suit. hence the present appeal.3. the only question before their lordships is whether the appellant is entitled to total exemption from assessment to land revenue ..... 26, 1926, the collector of bombay addressed to the appellant a notification that the government had been pleased to sanction, under section 8 of the bombay city land revenue act of 1876, the assessment of certain property in bombay belonging to her described as 'land at bora bazar street, bearing n.s. [new survey] no- 8841 and .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-13-1937
Reported in : AIR1938Bom137; (1937)39BOMLR1269
..... and therefore removable at pleasure. the decision is not based upon any such rule, but simply on the words of the relevant statutes which, as the learned judge hald, indicated that the plaintiff in that case held office merely at the pleasure of the local body.11. the learned advocate general has also referred us to ..... for damages amounting to rs. 9,500 for wrongful dismissal.2. the facts are set out in full detail in the judgment of the learned first class subordinate judge. for the purposes of this appeal they may be stated very shortly. the plaintiff was appointed chief officer and engineer in the service of the municipality in april ..... if the resolution removing him had been passed by the requisite majority of the councillors. the learned trial judge held that plaintiff was entitled to the relief claimed by reason of the breach of the provisions of the act, because his removal from office was therefore unlawful. the conditions requisite for a contract binding on the municipality .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-1937
Reported in : (1937)39BOMLR713
..... that there is a genuine doubt about its correctness, they would remit, the matter to the high court in india, from which the appeal has been brought, for an inquiry into it, and direct it, if necessary, to have another translation made under the direction of the court and to transmit it to the registrar of the privy council.15 ..... followed by this board is to accept the translation as correct, if it was made by a translator appointed by a court in india and not challenged before the judges who had dealt with the case. it is obvious that their lordships are not in a position to say that such translation should be held to be incorrect. if ..... trial court, but also was included in the record printed for the court of appeal in india and apparently acted upon by that court. these circumstances, which create a reasonable doubt about the accuracy of the official translation, would justify an inquiry by the high court as to chandra which of the two translations should be accepted as correct. their .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-29-1937
Reported in : AIR1937Bom465; (1937)39BOMLR851
..... 8, 1872; but in order to construe that sanad it is necessary to know the circumstances which existed at the date when it was granted. the learned judge in the court below dealt with the history of the plaintiff's claim in much detail, and we have been referred to a large number of documents on ..... by the british government under the following conditions. those conditions are : the said persons in enjoyment and their heirs shall be obedient to the britisih government and act faithfully and honestly and shall go on paying to government permanently, every year amounts as mentioned below.then the amount of the agreed assessment is stated.13. now ..... regulation xvii of 1827 as to suppose that interference with actual possession is allowable.' it is, therefore, clear that government have never considered that under the inam act they were entitled to interfere with actual possession. all that they could deal with was the claim of certain persons to hold lands free from the ordinary obligation .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-01-1937
Reported in : (1937)39BOMLR731
..... behalf of the respondents or their predecessors-in-title. their lordships are of opinion that on the materials produced it cannot be contended that the learned subordinate judge was obliged in law to find that the possession of the principal respondents had 'all the qualities of adequacy, continuity and exclusiveness [per lord shaw, krihnan ..... river this circumstance alone might be given considerable weight. but without sufficient proof to cover the intervening years it was most reasonably held by the learned subordinate judge to be insufficient. the circumstance that the maharaja was not in possession or in receipt of rent is, it need hardly be said, insufficient under article ..... parties interested to oppose their being made.20. in the argument before the board it was suggested that the learned judges of the high court had altogether failed to notice section 44 of the united provinces act (iii of 1901), but their lordships do not so read either of the two judgments. the paper-book prepared .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-02-1937
Reported in : AIR1938Bom121; (1937)39BOMLR1287
..... is hereby confirmed as against defendant no. 1 and defendant no. 8. the suit against the other defendants will stand dismissed with costs. there will be an inquiry as to mesne profits as to the pangri property only from the date of the trial court's decree till delivery of possession or three years from the date ..... her reversionary interest in the properties in suit in favour of haribai. it comes within the mischief of section 6 of the transfer of property act and the cases relied on by the learned trial judge govern the case.12. mr. thakor tries to bring the case within the ambit of such cases as akkawa v. sayadkhm mithekhm and ..... not foreign courts is also apparently opposed to another privy council case, ananta padmanabhaswami v. official receiver of secunderabad . that was concerned with the court of the district judge at secunderabad. presumably that court is also a court established and continued by the authority of the governor general in council. mr. kane at any rate did not suggest .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-1937
Reported in : AIR1938Bom134
..... . 1600 and execute a sale deed in defendant 2's favour within 15 days. the plaintiff's suit for specific performance has been dismissed because the trial judge held that section 15, specifie relief act, applied and the plaintiff was unwilling to purchase plots (a), (b) and (c) without compensation for defendant l's inability to convey plot (d) ..... stood on a separate and independent footing from the other part of the contract), and cannot apply the section on a mere surmise that, if opportunity were given for further inquiry, such material might be forthcoming and possibly might be found to be sufficient; and (2) that the words of the section, wide as they are, do not ..... failure to implement it. but the plaintiff had notice of this agreement. it was mentioned in his own bargain paper. he was put upon inquiry there-for, and he admits that he made no inquiries. there is nothing at all to show that time was of the essence of the contract. a decree for specific performance has actually been .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-1937
Reported in : (1937)39BOMLR1299
..... on a separate and independent footing from the other part of the contract), and cannot apply the section on a mere surmise that, if opportunity were given for further inquiry, such material might be forthcoming and possibly might be found to be sufficient; and (2.) that the words of the section, wide as they are, do not ..... and execute a saledeed in defendant no 2's favour within fifteen days. the plaintiff's suit for specific performance has been dismissed because the trial judge held that section 15 of the specific relief act applied and the plaintiff was unwilling to purchase plots (a) (b) and (c) without compensation for defendant no. 1's inability to convey ..... failure to implement it. but the plaintiff had notice of this agreement. it was mentioned in his own bargain paper. he was put upon inquiry therefor, and he admits that he made no inquiries. there is nothing at all to show that time was of the essence of the contract. a decree for specific performance has actually been obtained .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-1937
Reported in : (1937)39BOMLR775
..... incurred solely for the purpose of earning the profits or gains of the business carried on by the appellants. they thus reach the same result as the learned judges of the high court but on different grounds, and they would only add in conclusion that with all respect they do not share the view expressed by the ..... robert addie & sons' collieries ltd. v. commissioners of inland revenue (1924) s.c. 231 the lord president clyde, dealing with corresponding words in the british income-tax act, says (p. 235):-what is 'money wholly and exclusively laid out for the purposes of the trade' is a question which must be determined upon the principles of ordinary ..... two agreements with f.e. dinshaw limited and richard tilden smith respectively. the assignment was declared to be to the intent that the appellants should thenceforth be and act as the agents of the hydro-electric companies, and be entitled to all benefits and advantages contained in and conferred by the agreements between tata sons limited and .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-1937
Reported in : AIR1938Bom37; (1937)39BOMLR1072
..... 1 and 2, an injunction should issue against them by preventing them from recovering possession from the tenants of those properties. in an exhaustive judgment the learned first class subordinate judge of broach came to the conclusion that the plaintiff had failed to prove the case of fraud set up by him in the plaint as also in establishing the case ..... plaintiff when the evidence to impeach it may be lost or that it may throw a cloud or suspicion over his title or interest. section 39 of the specific relief act is based upon1 the same principle, and under that section three points have to be borne in mind: (1) the written instrument in question is either void or voidable ..... a transaction on the widow's death. in our opinion, it is difficult under the circumstances of the case to sustain the suit under section 42 of the specific relief act.8. but assuming that the plaintiff had a cause of action the question is whether he has succeeded in establishing it. the case put before us on his behalf .....
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