Court : Mumbai
Decided on : Nov-29-1934
Reported in : AIR1935Bom207; (1935)37BOMLR207
..... no court is mentioned, it may be tried by any court constituted under the code by which the offence is shown in the second schedule to be triable. in the mussalman wakf validating act there is a definition of 'court' in section 2 (b). it means as a rule the court of the district judge, but in section 10 itself, as i ..... broomfield, j.1. the question for decision is whether the district judge has power to impose a fine under section 10 of the mussalman wakf validating act, xlii of 1923. the section is silent as to the tribunal by which the penalties therein referred to are to be imposed. it merely says that any ..... word 'offence' appears in section 10. 'offence' is defined in the criminal procedure code. there is no reason to suppose that it was intended to have a different meaning in this act than in the criminal procedure code, and, therefore, according to the view taken by the learned judges, the proceedings under section 10 must be regarded as ordinary criminal proceedings. reliance was .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-15-1934
Reported in : (1935)37BOMLR130
..... goods or documents : provided that the pawnee acts in good faith and under circumstances which are not such as to raise a reasonable presumption that the pawnor is ..... indian contract (amendment) act, 1930, and replaced by a new section 178, was in the following terms :-a person who is in possession of any goods or of any bill of lading, dock warrant, warehouse keeper's certificate, wharfinger's certificate or warrant or order for delivery or any other document of title to goods, may make a valid pledge of such .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-18-1934
Reported in : AIR1935Bom298; (1935)37BOMLR150; 157Ind.Cas.658
..... the judgment was delivered by a single judge, the respondent, who applied for the execution of the decree in question, had obtained a decree declaring him to have been validly adopted by one shankarrao's widow, but before that the widow rangubai had obtained a decree against two persons on a money claim and had already received the first ..... it is not necessary to assume that the remarriage referred to in that section means no more and no less than the kind of remarriage which section 1 legalises and validates. we concur in the view taken by the majority of judges in the full bench cases of matungmi gupta v. ram rutton roy and vitta tayaramma v. chatakondu sivayya ..... to the remarriage of hindu widows and not to prescribe the kind of remarriage the widow of a hindu may contract. section 1 of the act no doubt speaks of two hindus marrying ; it deals with the validity of the marriage and the legitimacy of the issue of such marriage. section 2, however, deals with a different matter, namely, the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-20-1934
Reported in : (1934)36BOMLR1179
..... the main ground of the application was that musammat chhunni had no more than a life interest in the said property, that on her death the question of the validity of the deed of relinquishment became immaterial, that her life interest vanished with her death, and that the plaintiffs were entitled to a declaration that the properties in ..... for review.23. musammat dulhin appealed to the high court, and one of the grounds appeal was that the suit was rightly dismissed and that the sub-ordinate judge acted erroneously in reviewing his judgment.24. judgment in the appeal was delivered on april 30, 1930. the learned judges dealt with the question whether musammat dulhin, having ..... 1923, was without consideration, that it was fraudulent, null and void, and that it was contrary to the provisions of sections 52 and 53 of the transfer of property act.17. the subordinate judge, who tried the suit, by his judgment delivered on december 22, 1924, held that the said deed was on the face of it fictitious .....
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