Court : Mumbai
Reported in : (1888)ILR12Bom377
..... suspicion in the light of after-events; for the accused can show that circumstances exist from which it can be seen that, in suspecting the complainant, he was acting in good faith, that is, with due care and attention. i have said that the accused was on duty at a temporary post. these posts are established from 4 ..... the complainant in consequence of a distinct assault upon himself. this, then, is the point which has first to be considered, whether the accused, in arresting the complainant, acted in good faith; in other words, with due care and attention. (section 52 of the penal code). complainant's counsel has argued that his client was a respectable tradesman, ..... 3. we think that, in dealing with the case, the magistrate has been led to a wrong decision from failing to consider aright the question whether the accused acted in good faith in questioning the complainant and putting his hand on his bundle of cloth. the accused has been convicted, under section 342 of the indian penal code, .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom221
..... sale, unless and until it was reversed; and the title of the defendant, who purchased at the sale, is a perfectly good title until the sale is set aside in due course of law--abul munsoor v. abdool ..... hamid i.l.r. 2 cal. 98 article 12 of schedule ii of the limitation act would, therefore, apply to the suit if no fraud were alleged. see vishnu ..... a collector, or other officer of revenue, and if not for arrears of government revenue was at any rate a sale for arrears of rent recoverable as arrears of revenue, and, therefore, fell under clauses (b) and (c) of article 12 of schedule ii of the limitation act xv of 1877. the plaintiff, as occupant of the land, was bound by that .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom87
..... eight annas under schedule i, article 5(c).2. we are thus led to consider two other provisions of the act. is it a lease within the meaning of it? if not, is it an agreement 'for or relating to the sale of goods' under schedule ii, article v 2 (a)? it is an agreement for the consumption of 'grass' growing on a ..... cattle, and as such it is exempt from all stamp duty under the act-see schedule ii, article 2(a). in either view of the matter, therefore, the opinion of ..... . such being the case, the agreement is a lease within the meaning of act no. i of 1879, and as such sufficiently stamped as held by the collector.3. but if growing grass is not 'immoveable property,' the agreement is one for or relating to the sale of goods, the price being fixed with reference to the quantity to be consumed by the .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom424
..... certificate becomes apparent, the proper course is for a court to stay proceedings, to enable the plaintiff to make good the defect by producing a certificate from a conciliator competent to deal, with jus application under section 39 of the act. this was the course followed in raghunath dadaji khade v. anant govind bhopale prined judgment for 1882 p. ..... i.l.r. cal. 229. the defendant denies that he has been in possession at all. the plaintiff says in his deposition that, at the time of the sale, the defendant was in possession. the parties were clearly at issue on this question of fact, upon the right determination of which the decision as to limitation depended. but ..... clear that, until a defendant has possession, he cannot have adverse possession; and if the defendant in the present case was out of possession at the time of the sale, and subsequently obtained possession, it can only have been adverse from the time when he entered on the property--ram prosad janna v. lakhi narain i.l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom126
..... : 'and let the king who desires prosperity repress sinful proceedings which are unauthorized by moral law and the hindu commentator quoted by colebrooke defines' sinful proceedings' as 'acts not productive of good.' see colebrooke's digest, sloka 27, vol. ii, page 301.'8. mr. davar relies on the above decision as authority for treating the present claim as ..... . it would be held to be against public policy and public interest as having a tendency to cause matrimony to be contracted as a mere matter of bargain and sale, 'a kidnapping into conjugal servitude,' as one of the judges expressed it. it was contended that such an agreement did not apply in india. the asura form ..... garth, c.j., said he was disposed to hold that such contracts are so far void as to be incapable of being enforced by the rules of equity and good conscience, and inclined to the english rule, which makes marriage brocage contracts illegal. beverley, j., expressed a different opinion. at the first hearing i drew mr. davar .....
Tag this Judgment!Court : Mumbai
Reported in : (1888)ILR12Bom585
..... .' all contracts, whether by speaking, writing or otherwise, knowingly made to further or assist, &c;, shall be null and void. now a contract in terms for the sale and delivery of goods at a certain time, but upon the understanding that it is not to be carried out, and only the difference of the prices paid, is a wagering contract or ..... div., 689 (3) 3 ad.: &.ell., 689 ;' a time bargain, in the sense of an unenforceable bargain.' it is true that such a transaction is not declared by the act to be illegal, but the existence of such' understanding' between the parties, of, in other words, of such an intention on their part is a fact within the interpretation clause ..... between the price when the bargain was made and the price at the time fixed for delivery should be paid by one or other of the parties. by bombay act iii of 1865 act iii of 1865, section 1. 'all contracts, whether by speaking, writing or otherwise, knowingly made to further or assist the entering into, effecting or carrying out .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom183
..... is a consequence for which a person working it without authority is directly responsible. it does not seem to be material whether the motive which actuated him in his unauthorised act is good or bad - ancaster v. milling 2 d. and r. p. 714 and pollock on torts, p. 9.6. the present case is analogous to that of ..... defendant vydina from continuing in possession of and working the press and for the appointment of a receiver'. the defendant vydina opposed that application, alleging: (1) that the sale was not fraudulent and colourable or at such a low price as to indicate fraud: (these allegations have been found to be true), and that the plaintiff expressly ..... the defendant's possession and use of the press had been throughout, or, at any rate, since 11th december 1886, when he received plaintiff's notice repudiating the sale to him, that of a trespasser. the circumstance that the court had refused to remove the defendant during the litigation and appoint a receiver cannot affect the real .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom314
..... firm now says it is in possession of the whole of the property of the company, and claims, under sections 217 and 221 of the contract act, to be entitled to retain all monies, goods, papers and other property, whether moveable or immoveable, received by his firm, until the amount due to them has been satisfied.2. the question ..... that his firm was, at the time of the liquidation of the company and for several years previously, agents of the company, and in possession, as agents, of goods, papers, and other property of the company, both moveable and immoveable; that as agents they have made advances and disbursements, and incurred expenses on behalf of the company ..... about the property or thing entrusted to his agency.' with section 221 must be read section 171 of the contract act, which limits the right to a general lien,--that is to say, the right of parties to retain all goods in their possession as a security for a general balance of account, to 'bankers, factors, wharfingers, attorneys, .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom600
..... impeachments in parliament, the decisions of the queen's bench and the house of lords, the solemn observations of her majesty's privy council 'it is palpably prejudicial to the good of the public to have places of the highest concernment, on the due execution whereof the happiness of both king and people depends, disposed of, not to those who are ..... , 417. sir charles, notwithstanding this caution, appears to have given 15,000 with a supplemental loan of 2,000 to the king. on sir charles death, dr. buck offered a good sum for the office, and actually paid 3,000 in advance; but the king returned the money, having resolved to keep a promise he had made to sir john colepeper ..... king john--'we will sell to no man, we will deny to no man either justice or right'--had been broken by the sale of offices, which they said was forbidden by the ancient law of england, by the acts of parliament they recited, and by the charters of the kings it urged that the difference between the justice of the peace .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom534
..... book, produced by the defendant, although beginning with only a cash balance of rs. 200, would appear to show that he was then in partnership, with one datu, with goods, &o.;, in china and in transitu to the r amount of rs. 14,000 to which they were equally entitled; but it affords no evidence as to the capital ..... title of sons by the mitakshara law to ancestral property by birth is disregarded. the 7th section of the bill which was drafted provided that for the purposes of the act, i.e., for the purposes of intestate succession, there should be no distinction between ancestral and self-acquired property, and this would appear from the proceedings to have ..... community in bombay, and, further, that the distinction, according to hindu law, between ancestral and self-acquired property had any application to, or has ever been recognized, or acted on, by any khojas in bombay, and that plaintiff did not on birth, or at any time, become a co-parcener or sharer to any extent in the said property .....
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