Court : Chennai
Reported in : (1897)ILR20Mad207
..... no. 165 (original suit no. 12 of 1893 is taken up for consideration.4. the first question, therefore, for determination is whether exhibit a was revoked. the hindu wills act does not apply to the case, and no special mode of revocation being prescribed, revocation, like any other question of fact, may be proved by apt evidence, though no doubt ..... purpose. but if he who has power to revoke by declaring a present resolution then to do so does in fact make that resolution manifest, it seems clear that the act of revocation is complete in every essential part.5. such being the rule on the point, does the evidence here establish the first respondent's contention that, though exhibit ..... will but the right to which he had relinquished, as was evidenced by the missing papers. the suggestion is a mere surmise and is too far-fetched to be safely acted upon. on the other hand, it is argued on behalf of the appellant that it was to the interest of nilachalam that the will should have been destroyed; since .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad149
..... 'hindu law and usage,' 6th edition, paragraph 603) or by renunciation on his part acquiesced in by the remaining members, provided such renunciation and acquiescence are manifested by an overt act namely, the giving him 'some trifle' out of the family property (mitakshara, chapter ii, section ii, verses 11 and 12; stokes' 'hindu law books,' page 380; manu ..... as members of a joint family.10. the mitakshara doctrine of joint family property is founded upon the existence of an undivided family, as a corporate body gan savant bal savant v. narayan dhond savant i.l.r. 7 bom. 467 and mayne's 'hindu law and usage,' 6th edition, paragraph 270 and the possession of ..... is no reported decision bearing directly on the point, peddayya v. ramalingam i.l.r. 11 mad. 406 dictum at page 408 the principle generally recognized and acted upon is that though there can be no compulsory partial partition either in respect of the joint property belonging to the family, or in respect of the persons constituting .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR387
..... bearing upon this case, as section 129 of the act provides that nothing contained in that chapter should be deemed to affect any rule of muhammadan law.17. it now becomes important to consider whether the possession of the property ..... it upon the donee, must also be proved. see ranee khujooroomssa v. mussamut roushun jehan .16. reference was also made by the defendant's counsel to the transfer of property act, 1882, chap. vii. as to gifts, and to certain cases decided under it which show that by the hindu law delivery of possession is not essential. but they have no .....
Tag this Judgment!Court : Kolkata
Reported in : 4Ind.Cas.466
..... fide intention on the part of the donor to divest himself in presenti of the property, and to confer it on the donee. the question whether the transfer of property act was applicable was apparently not considered in mahomed esuph ravutan v. pattamsa ammal 23 m. 70 nor is it stated whether the deed of gift in that case was registered ..... transactions do not require delivery of possession, but, if it be granted that they were sales, they must come within the provisions of section 54 of the transfer of property act. that they are sales seems to us to follow from the definition given in that section and besides the section the following authorities may be cited, namely, macnaghten's mahomedan ..... is invalid by reason of the fact that possession was not delivered. if it is a sale or exchange, it is invalid under the provisions of the transfer of property act.4. it appears to us that the so-called gift was a sale. according to the plaint it was made in consideration of a dower debt of rs. 49, and .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR169
..... ' meaning, though it is possible that this was also treated as part of the proof supporting the conclusion that the alleged gift was fictitious and never intended to be acted upon. speaking generally a restrictive clause in such deeds of gift is sometimes treated as inconsistent with the legal validity of the gift as a whole, and sometimes the ..... the law regards as valuable; delivery of possession was therefore not necessary. the rest of the judgment deals with the application of section 53 of the transfer of property act. though their lordships do not say so, and seemingly were not reminded of the gift for consideration recognised by the mahomedan law, they appear to have held that was ..... and effective way, or certainly may be, of evading the law of succession. and when courts find that in fact so called gifts of this kind have not been acted upon till the death of the donor, they would, i apprehend, incline very strongly to hold that the gift was merely a cloke, and that, if effect were .....
Tag this Judgment!Court : Kolkata
Reported in : 15Ind.Cas.698
..... ought not to be treated as a hiba bil-iwaz but as a deed of sale, and that, consequently, notwithstanding the provisions of section 129 of the transfer of property act, the validity of the instrument ought to be tested with reference to the provisions of section 54 of the transfer of property ..... act which provides that there may be a valid sale by delivery of the property. in our opinion, there is no force in this contention. the document in this case cannot .....
Tag this Judgment!Court : Kolkata
Reported in : (1913)ILR40Cal477
..... criminal procedure code distinctly says so. section 478(2) also shows that where a munsif makes the inquiry himself, instead of sending the case to a magistrate for it, he acts criminal court.holmwood j.115. it is only under sections 36 and 41 of the criminal procedure code that criminal courts may be constituted.116. supposing the high court revised ..... courts and banerji j. points out that the same conflict has occurred in bombay: queen-empress v. rachappa (1888) i.l.r. 13 bom. 109 and in re bal gangadhar tilak (1902) i.l.r. 26 bom. 785.17. but we are only concerned with the decisions of this court, and the questions therefore which we refer ..... criminal procedure code? and, if so, whether the civil appellate or the criminal appellate side has jurisdiction? my contention is that when a court proceeds under section 476, the court acts as a criminal court, whether it is a civil, revenue or a criminal court, and the criminal appellate side of the high court has jurisdiction to interfere under .....
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal446
..... of 1861 and has been perpetuated in subsequent legislation: and it seems to me of some significance that that code was passed in 1861 two years after the vexatious indictments act had been passed in england the object of which was certainly to prevent what i have called improper prosecutions, and nothing else.27. i have only to add that, in ..... affected by sanction being granted. from this it follows that there is no reason why the court to whom the application for sanction is made, should perform any of the acts that will fall within the scope of the magistrate's duty if sanction is granted: and there is a very good reason why it should not, namely, that the same ..... ) 5 w.r. cr. 98 queen v. issen chunder ghose patri (1870) 14 w.r. cr. 53 emperor v. bal gangadhar tilak (1904) i.l.r. 28 bom. 479, 498 russell on crimes, 7th edition, vol. i, p. 508, woodroffe's evidence act, 5th edition, p. 837. in the present case, if a prosecution is instituted, the only evidence for the prosecution .....
Tag this Judgment!Court : Mumbai
Reported in : (1915)17BOMLR527
..... a young widow, taj maharaj.6. at the date of his death he made a will appointing five gentlemen as his trustees. one of these, ranh sahib, declined to act; the other four obtained probate of the will on 2nd december 1897. these were messrs. tilak, khaparde and kumbhojkar, the appellants. the fourth, mr. nagpurkar, while remaining ..... is our unanimous opinion that one should not be taken from any other family. and shri tai maharaj is of the same opinion.shri tai maharaj suggests that messrs. bal gangadhar tilak and ganesh shrikrishna khaparde should both go to babre, select boys, and return after settling as regards that family.shri tai maharaj should go, see boys ..... , that on the 27th there was selection and verbal gift, and acceptance, and preparation of necessary documents. on the 28th there was execution of documents under corporea acts of giving and taking.20. in their lordships' view these conclusions are well justified.21. it is an admitted fact in the case that neither the trustees nor .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad903; 30Ind.Cas.41
..... in revision. this raises the question of the power of the high court to interfere in revision under section 115, civil procedure code, and section 15 of the charter act. section 115, civil procedure code, empowers the high court to call for any case which has been decided by any court subordinate to such high court and in which ..... the question as to whether the contract had become void or impossible of performance and whether by reason thereof the plaintiff was entitled under section 65 of the contract act to the recovery of the amount actually advanced.2. mr. t.r. ramachandra iyer, who appeared for the defendants in the lower court, states that till ..... or become impossible of performance and that consequently plaintiff was entitled to a return of the money actually advanced under the provisions of section 65 of the contract act, was never raised or was in the contemplation of the parties. upon these pleadings issues were settled and one of the issues, was whether the suit agreement .....
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