Court : Mumbai
Decided on : Jan-31-1927
Reported in : AIR1927Bom278; (1927)29BOMLR498
Amberson Marten, Kt., C.J.1. The first and principal question of the five questions submitted to this Full Bench is : 'Whether a suit brought by a mortgagee of land to enforce his mortgage by sale is a 'suit for land' within the meaning of Clause 12 of the Letters Patent.' It will be noticed that the question has been deliberately confined to enforcing a mortgage by sale. That is the relief asked for in the present suit, and that is the relief ordinarily asked for on the Original Side. Indeed it was even said during the hearing that many Judges in this Court have refused to grant foreclosure at all. And personally I do not remember any case in which I was asked to pass a foreclosure decree, although I must have had hundreds of mortgage suits before me at various times during the last ten years.2. Clause 12 of the Letters Patent runs as follows :-And we do further ordain that the, said High Court of Judicature at Bombay, in the exercise of its ordinary original civil jurisdiction, shall...
Tag this Judgment!Court : Mumbai
Decided on : Aug-15-1927
Reported in : AIR1927Bom643; (1927)29BOMLR1511
Amberson Marten, Kt., C.J.1. This appeal relates to the amount of duty payable under the Court Fees Act, 1870, Article 11 of Schedule I, as amended by Bombay Act III of 1926, which came into force on April 1, 1926. Stated shortly, the Court fee in question may be described as probate duty.2. The point at issue between the parties is whether the amount of the duty ought to be calculated at the rate in force under the law as it stood at the date of the petition for probate, or whether it should be calculated at the higher rate of duty which came into operation before any grant of probate was made.3. The petitioner is the executor of the will of the deceased Shamdas Hiranand who died on December 3, 1923, and he has paid the sum of Rs. 28,439 for duty at or prior to his petition being presented and filed on February 24, 1926. If, however, the amending Act of 1926 applies, then additional duty to the extent of about Rs. 18,861 is payable. A difference having arisen between the Testamentary ...
Tag this Judgment!Court : Mumbai
Decided on : Dec-19-1927
Reported in : AIR1928Bom117; (1928)30BOMLR350
Patkar, J.1. This is an application for revision of the order passed by the Chief Presidency Magistrate confirming the order passed by the Marylebone Police Court on May 28, 1626, under Section 3 of the Act of 1920 to Facilitate Enforcement of Maintenance Orders (10 & 11 Geo. V, c. 33) whereby the petitioner was ordered to pay to his wife a sum of two pounds a week for maintenance, and a sum of two shillings for costs. The Chief Presidency Magistrate has confirmed the order under Act XVIII of 1921. Rule was issued on the question whether the High Court has jurisdiction to interfere in revision or otherwise with the order of the Chief Presidency Magistrate.2. The principal Act relating to the summary jurisdiction of the Magistrates in reference to married women is the Act of 1895 (58 & 59 Vic. c. 39). Under Section 4 any married woman can apply to a Court of summary jurisdiction for an order of maintenance under the Act. The Act of 1895 is amended by an Act of 1920 (10 & 11 Geo. V, c. 3...
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