Court : Mumbai
Reported in : (1906)8BOMLR678
..... of my lord the chief justice, in which he disposes of the view for which there seem to be some authority in the books that the powers of a small cause court acting under section 38 of the presidency small cause courts act, are powers of revision only, and are strictly defined and limited by the terms of section 622 of the code ..... note did not prevent the plaintiff, in the circumstances, from suing on the debt; and in disregarding that aspect of the case, the court appears to me to have acted with material irregularity.25. we must, therefore, make the rule absolute and send back the case for determination by the fifth judge of the small cause court in the light ..... was only after that court had adjourned for judgment, that this translation was brought to the notice of the court.20. it is clear, the court had no right to act on that document if, in fact, if came before it in this manner, and under these circumstances, without giving the parties a full opportunity of discussing it, and if .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR781
..... that we ought not to treat ext. f as having extinguished the right of succession that fatatnboo admittedly possessed apart from that document.24. though there is no direct authority that a muhammadan cannot bind his chance as an heir apparent, this view is supported by what has been said and decided in reference to hindu reversioners who occupy an ..... by fatamboo alone and the place of execution was cambay.5. there is now annexed to it a schedule of property, but that was subsequently added without fatamboo's authority or assent.6. in the plaint as originally framed it was contended that as the document was not registered it could not be used against fatamboo, but as the ..... having regard to the value of the property of the said kalimudin and inasmuch as the act of obtaining the benefit if any of the said document from his daughter fatamboo who was an ignorant mohimodan pardanashin female was a misuse of his parental authority by the said kalimudin.7. in the end the parties went to trial on the .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR904
..... of the matalatdar, as defined in chapter ii of regulation xvi of 1827 or by any other person who may be specially authorized by the governor in council to exercise the powers of a mamlatdar under this act.' in the note to that section in birdwood and parsons' edition, it is said that the title mamlatdar in regulation xvi ..... ordinarily exercising the powers of a mamlatdar and any other person who may be specially authorized etc.17. it is now proposed (see bill no. iv of 1905 since the above was written the bill has become law. see bombay act ii of 1906 (mamlatdars' courts act 1906), set out in vol. viii of the bombay law reporter, p. 6 ..... that of the ordinary civil courts. the act establishing or rather continuing these courts is therefore an act with a special purpose, and has to be construed with reference to that purpose. the powers of the courts are exercised by mamlatdars who are subordinate revenue officers, subject as such to the collector's authority, who by himself or by delegation .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR15
..... been transferred to the collector.'25. 'a power conferred by the rules upon the collector or any gazetted subordinate of the collector, or upon any appellate or revisional authority, shall not to exercised by the court or by any court in the exercise of any appellate or revisional jurisdiction which it has with respect to decrees or orders ..... the collector or any gazetted subordinate of the collector, to orders passed on appeal with respect to such orders being subject to appeal to and revision by superior revenue authorities as nearly as may be as the orders passed by the court or orders passed on appeal with respect to such orders, would be subject to appeal to and ..... the code of civil procedure.32. we cannot believe that this was intended nor as we read the civil procedure code is that its effect and we think the power to . act under section 310 a continues notwithstanding a transfer of the execution to the collector.33. the only question is by whom that power is to be exercised. if the .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR439
..... where the learned judges (subramanya iyer and benson jj.) have held that interest cannot be awarded by way of damages for wrongful detention of a debt. besides relying on the authority of the decision of the house of lords, they cito the decision of the privy council in juggo mohun ghose v. kaisreechand (1862) 9 m.i.a. 256; and ..... council in hurropersaud roy chowdhry v. shamapersaud roy chowdhry i l r (1878) r 5 indap 31, where, after quoting the proviso to the first section of the interest act, the privy council say with reference to the proviso :-and that refers their lordships to the state of the law and the practice in india independently of the statute. ..... interest would be charged. the appellant is entitled, therefore, to succeed unless the respondent is able to bring her claim within the proviso to the first section of the interest act, according to which ' interest shall be payable in all cases in which it is now payable by law. '7. as observed by the judicial committee of the privy .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR606
..... but i think in the first place it is very doubtful whether this case is one within the purview of the trustees' and mortgagees' act indicated in its preamble and that the mere citation of english authorities would not show that it was. and, secondly, if the section conferred on executors in this case the very large and irresponsible powers ..... i, page 743.42. and this being the case, it seems to mo that it is neither necessary nor permissible to have recourse to english authorities, for the purpose of determining the liabilities defined in that act of the legislature. bank of england v. vagliano brothers (1891) a.c. 107.43. turning therefore now to section 88 of the indian ..... the second defendant can be exonerated. but i do not think the decision of the referees can bind the present plaintiffs. no authority was cited to mo, except that of section 38 of the trustees' and mortgagees' act, 1866, to show that such a reference would be conclusive in a case like the present. i am not satisfied that .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR508
..... for the purpose of enforcing their claim for costs against their client. the proceedings are not akin to a suit. it is an application based on the authority of the taxing master'sallocatur and is dealt with usually in a summary manner by the judge in chambers. the rule itself makes a distinct provision for referring ..... me 1 have come to the conclusion that there is no period of limitation provided for an application under rule 859, that article 178 of the limitation act applies only to applications under the civil procedure code, that the application before me is not an application under the code of civil procedure and that article 178 does ..... contends that this application comes within the article he relies on. the question for consideration therefore is whether the present application falls under article 178 of the limitation act. article 84 provides a period of limitation for suits by an attorney for his costs. rule ; 859 provides a method of recovering costs from a client quite .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR774
..... the terms unmarried woman and married woman.29. this smriti is also quoted by madhavacharya in his commentary on the institutes of parasara (1) and by nilakantha, the author of the vyavahara mayukha, in his prayaschitta mayukha. both cite the smriti for the same purpose for which vijnaneshwara has quoted it in the mitakshara.30. the conclusion ..... any other woman lapsing into prostitution, became a disqualified heir as either a patita (outcaste) or upapataki (vicious woman) and forfeited absolutely all right of inheritance. but by act xxi of 1850, her disability as an outcaste has been removed; and by usage, as pointed out in advyapa v. rudrava, the bar arising from vice has ceased ..... the right of priority it is made an express condition that an unmarried daughter shall take first; the married after her. that condition stands unaffected either by any act of the legislature or by any usage to the contrary, or by any decision of the courts. there is no question of loss of caste or of immorality .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR789
..... this man to withhold all information from the post office. now about this time a fellow clerk of the accused named karandikar was being prosecuted by the post office authorities in the police court on the charge of stealing this very packet no. 477. sitaram kamat the recipient of the parcel numbered 227 was subpoened to give evidence ..... the exhibit alleged to be improperly admitted were such as to constitute an inducement and whether the person using the words was a person in authority within the meaning of section 24 of the evidence act. the court consisting of sargent c.j. and bayley and green jj. came to the conclusion unanimously that the exhibit was improperly admitted. ..... unnecessary for me to discuss this question further.4. under clause 26 of the letters patent on the above certificate being granted this court has 'full power and authority to review the case, or such part of it as may be necessary and finally determine such point or points of law and thereupon to alter the sentence .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR998
..... must be an ultimate expressed trust in favour of a charitable purpose, abu yusuf considered it was implied without it being expressed. as amongst hanafis it appears that the authority of abu yusuf is superior to that of mahomed the result is that a trust in favour of descendants would be considered valid in any event; and see ameer ali ..... no difference of opinion on the point between abu yusuf and mahomed.' from the note at the bottom of page 436 of wilson on mahomedan law it appears the author had come to the conclusion that there was practically no difference of opinion between the shafeis and hanafis on the question of the validity of a gift of this nature ..... (who was up to and after the filing of the plaint considered a lunatic) signed the quarterly accounts without any reservation. certainly not under section 115 of the evidence act which is purely a rule of evidence. it may be inequitable for a wakif's family to accept benefit under the wakf and after his death dispute the validity of .....
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