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 : Nov-08-1937
Reported in : AIR1938Bom341; (1938)40BOMLR418
..... plaintiff and sankalchand were shown as owners of their respective portions of the house in the municipal house register. they paid taxes separately. when the city, survey inquiry in ahmedabad took place in about 1922, they obtained separate sanads. this is a very important piece of evidence since plaintiff admits that he and sankalchand went ..... on separate business also from the time of lallubhai's death if not before. there are other items of evidence indicating partition between the brothers which the trial judge has referred to, and it is sufficiently clear, we think, that the finding that plaintiff and sankalchand were not joint as alleged by plaintiff but separate ..... plaintiff as the nearest heir would be entitled to the whole estate. he might therefore have sued for possession of it and section 42 of the specific relief act would prohibit the grant of a bare declaration.7. as regards the objection to the charitable bequests the case presents more difficulty. there is a bequest of .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-01-1937
Reported in : AIR1938Bom225; (1938)40BOMLR297
..... in or in relation to a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary, record a finding to that effect and make a complaint thereof in writing.the learned subordinate judge acted under that section and made a complaint in writing. it seems clear that if that section ..... stood alone there could be no appeal from the directions of the subordinate judge because no order is made ; the judge merely records a finding and lodges a complaint, which is an administrative act. however a right of appeal is expressly given by section 476b. that section provides that-any person on ..... record and proceedings of the case before the assistant judge, because the assistant judge was exercising a jurisdiction concurrent with that of the sessions judge in a case transferred to him, under section 17 of the bombay civil courts act, 1869. it is clear, however, that the sessions judge if he thinks that injustice has been committed by .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-16-1937
Reported in : AIR1938Bom388; (1938)40BOMLR539
..... the necessities for the loan and to satisfy himself as a reasonable person that the manager in the particular instance is acting for the benefit of the estate or the family, makes such an inquiry and acts honestly, the real existence of an alleged sufficient and reasonably-credited necessity is not a condition precedent to the validity of ..... to raise that contention as defendants nos. 1 and 2 had admitted, or at any rate not disputed, the existence of a justifying necessity, but the learned judge overruled that contention, though on the merits he found in the plaintiff's favour. the evidence in the case shows that kenchangouda was carrying on business and he ..... ; the mortgage did not affect the interest of the minor son of kenchangouda as there was no justifying necessity for the same. the learned first class subordinate judge on the evidence held that the mortgage effected by kenchangouda in favour of the plaintiff was a valid mortgage and the moneys were required for legal necessity and .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-15-1937
Reported in : AIR1938Bom199; (1938)40BOMLR238
..... before us, taking a similar view on a similar set of facts, i ask myself whether it is open to this court sitting in appeal to say that those learned judges acted capriciously or in disregard of some legal principle and to interfere with the exercise of the discretion ?7. the case of oriental finance corp. v. mercantile credit &c.; corp. (1866 ..... , as he was bound to do, appears to me to be irrelevant as to his failure to attend on february 11.4. the learned judge goes on to state in his judgment that mr. shamdasani made inquiries on the afternoon of the 10th as to whether his case would be likely to be reached the next day, and according to mr. shamdasani ..... failure to attend the court on the following morning, and inasmuch as it is well-known to be the duty of persons whose cases are in the list to make inquiries whether they are in the list on the following day, i cannot accede to the proposition that if a man fails to ascertain for himself whether his case is in .....
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!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 : 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 : 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 : 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 .....
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