Court : Mumbai
Decided on : Apr-07-1937
Reported in : AIR1938Bom50; 172Ind.Cas.873
..... to verify the complaint afresh, and no objection was taken to the jurisdiction of the magistrate after the sanction of government had been obtained and the committal inquiry really commenced. the objection taken at the time of the bail application was to the prosecution going on without the sanction of government. it was never suggested ..... magistrate, matar, must be treated as one continuous proceeding, the whole of which is vitiated by the omission to obtain previous sanction. the learned additional sessions judge in his order dealing with this point has expressed the opinion that cognizance is not taken within the meaning of section 197 until the magistrate commences to take ..... the order of commitment, objection was made on behalf either of the accused or of the prosecution to the jurisdiction of the magistrate. the additional sessions judge applied this section and accepted the commitment, and in my opinion, he was justified in doing so. it cannot be suggested that the accused had been .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-08-1937
Reported in : (1937)39BOMLR933
..... the deed of dedication by the appeal court and to the plea of limitation upheld in favour of satya.7. as to the first of these matters, the learned judge of first instance states that 'it has not been argued that there was no valid dedication or that the idol was not effectively endowed with the properties in suit ..... that the shebaits should keep accounts and that other heirs shall be competent to inspect the accounts. there is a provision for the removal from office of a shebait acting improperly, and a provision to exclude females from the shebaiti. there is a provision in certain circumstances for shebaits to be appointed by deed. it is provided that ..... on the entally land and also the shebait's house there, subject only to the question, to be dealt with later, of satya's claim under the indian limitation act.11. but different considerations apply with regard to the remaining properties comprised in the deed of dedication and deed of sale. in the first place, throughout the deed of .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-15-1937
Reported in : (1937)39BOMLR997
..... explanation.17. as regards the explanation which mr. mody asked for it should be added that he was clearly in a position which required him to make inquiries as to every matter touching discipline and the rightful conduct of business. to take a strong illustration, suppose that there was ground for thinking that an official ..... the life insurance department, and that he was entitled to resent any action by the managing governor in supervising that department as being officious and intermeddling. the trial judge, however, refused to accept this view. the respondent was driven to admit in the course of cross-examination that the secretary, a mr. iyer, had to ..... 21, was sufficient to justify his dismissal. on the one hand it can only be in exceptional circumstances that an employer is acting properly in summarily dismissing an employee on his. committing a single act of negligence; on the other, their lordships would be very loath to assent to the view that a single outbreak of bad .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-04-1937
Reported in : (1937)39BOMLR1034
..... english law was called an interesse termini. he entered under the lease and he and his assigns have occupied and paid rent under it for years. an inquiry whether the defendant company when they took their assignment in 1914, were or were not then in possession has in their lordships' view no bearing whatever upon ..... from disputing the raja's title; (4) that the defendant company's plea of eviction by title paramount failed. as against the other defendants, the learned judges held that the covenant for rent was enforceable against transferees of the lease. they gave decree (july 20, 1934) against all the defendants for the sums claimed ..... of eight annas interest in the mousa. both suits succeeded before the subordinate judge of asansol notwithstanding that the defendant company set up the title of the raja, because the subordinate judge rightly held them estopped by section 116 of the indian evidence act from disputing the plaintiff shebaits' title, and held that there was no eviction .....
Tag this Judgment!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 : Jun-29-1937
Reported in : AIR1938Bom54; (1937)39BOMLR1124; 173Ind.Cas.553
..... reply also relied on certain observations to be found at p. 316 therein. the case dealt principally with sections 28 to 30 of the legal practitioners act and the learned judges following the previous authorities of that court on section 28 came to the conclusion that although an agreement between a pleader and client may be void by ..... section 23 by reason of an unlawful consideration or object; and we are therefore of opinion that this appeal should be decided on a somewhat different ground.the learned judge accordingly proceeds to decide the appeal on a ground which particular ground, as i have understood the argument, has not been, urged in this appeal. but the ..... , which, according to the judgment, was argued before the lower court, but has relied mainly on section 65 of the indian contract act, and has contended that even on the finding of the learned judge that the agreement was void, which finding he did not contest, he should be awarded the amount of rs. 8,000 admittedly received .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-24-1937
Reported in : AIR1938Bom257; (1938)40BOMLR202
..... of rights, the failure on the part of both gangava and parwatewa to ask for the names of venkangouda or parwatewa to be entered or even to have an inquiry made in 1885 coupled with the failure of the plaintiff's father himself to take any action to recover venkangouda's share after the death of parwatewa for a period ..... his name in the khata. that was so is evident from the course of the conduct of the parties. after venkangouda's death there was neither any varsa (heirship) inquiry nor mutation of names in the village records, and parvateva too did not set forth her claim to succeed to venkangouda's property as his widow. it is true that ..... impossible to say, in my opinion, that the documents were not compulsorily registrable under section 17 of the indian registration act. two out of the several cases referred to by the learned counsel for the respondent support this conclusion. the judges of the lahore high court in the decision in ganesh das v. kanthu air[1935] lah. 448 express the opinion .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-10-1937
Reported in : AIR1938Bom33; (1937)39BOMLR1187
..... latter case that the magistrate has to determine at the time when he makes an order under section 94 of the criminal procedure code whether the documents are necessary for the inquiry; but when they are brought into court, the inspection should not rest with the magistrate who does not prosecute. it is reasonable that those who conduct the ..... 23. that section provides that whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding, such court may issue a summons to the person in whose possession or power such document or thing is believed to be, requiring him ..... his order wider than necessary.' and bowen l.j. added (p. 738) : 'i also think that great caution should be exercised in acting under this power, and i have no reason to doubt that the judges do exercise such caution.' in the first case, kay j. said (p. 678) :'...before we grant inspection of the account of the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-07-1937
Reported in : AIR1938Bom320; (1938)40BOMLR416
..... was a valid order made under order xx, rule 12, and as the high court has directed the subordinate judge to deal with this inquiry in execution, and to treat the ascertainment of these mesne profits as being a question arising in execution, i must ..... not by separate suit (namely) :-(a) questions regarding the amount of any mesne profits as to which the decree has directed inquiry ;(b) questions regarding the amount of any mesne profits or interest which the decree has made payable in respect of the subject- ..... that appeal it is argued for the appellant that the case falls under the second schedule, item 11, of the court-fees act, which provides that the court-fee on a ' memorandum of appeal when the appeal is not from a decree or an order ..... me by the taxing officer under section 5 of the court-fees act, 1870, and the difficulty arises in this way. in a suit before the first class subordinate judge of dharwar the learned judge directed that the plaintiffs do recover mesne profits from the date .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-12-1937
Reported in : AIR1938Bom281; (1938)40BOMLR377
..... the parties who set up the status of agriculturist are in fact entitled to that status. it cannot be disputed that the order appointing a commissioner to make this inquiry was within jurisdiction, and when the motion was made for an order giving leave to withdraw, there wag no finding one way or the other as to whether defendants ..... 1936 (unrep), where the facts were similar mr. justicebroomfield remarked thus :why it should be suggested that this court's order was without jurisdiction, as the learned trial judge appears to think, or why it should be treated as anything other than what it evidently was, i must confess i fail to see. the court obviously has jurisdiction to ..... are now concerned was whether the suit was time-barred. it is embodied in issue no. 8 :is plaintiff entitled to exclude, under section 14 of the indian limitation act the period from october 16, 1930 to february 25, 1931 (the period during which he was prosecuting his suit in the high court) in computing the period of .....
Tag this Judgment!