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 : 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 : 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 : Mumbai
Reported in : 2002(2)ALD(Cri)116; (1932)34BOMLR1048
..... agreement the defendant refuses to marry the plaintiff by way of nikah, then the plaintiff shall in accordance with this document remain owner of a moiety, and if the plaintiff acts contrary to the stipulation of nikah, she shall cease to have any rights whatever. if, god forbid, contrary to custom the divorce of either of the wives takes place, ..... estate of shadipur shall be in the hands of their husband, syed afzal hasan, in his capacity of a husband ; if on the part of the husband there is any act of neglect) or estrangement towards either of the wives, then, in that case, the wife's only remedy will be to have the management of her share performed by ..... this connection that family arrangements are specially favoured in courts of equity.16. but apart from this, it seems clear that after the passing of the transfer of property act in 1882, a partial restriction upon the power of disposition would not, in the case of a transfer inter vivo8, be regarded as repugnant; see section 10 of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR990
..... with the result that it was good so far as regards the children who were of age and wholly void under the indian contract act (section 11) as regards the four who were minors.14. upon a question whether an oral statement amounted to a will the greatest ..... discarded. the approach of death made it necessary for mir fida husain to do something and yet impossible to complete anything by his own act. in this dilemma what did he do?12. their lordships cannot agree with the chief court that what he is proved to have ..... impose a legal obligation so to do.11. mir fida husain was a practising lawyer of rae barelli and had studied the wakf validating act (vi of 1913). the evidence is that he had intended to make a wakf-alal-aulad himself and there is some evidence that ..... benefit students of the asna ashari sect.8. a wakf-alal-aulad having thus been made of mir fida husain's property, it was acted on for two years, more or less; but on october 21, 1924, five of the sons sued the widow' and the sixth brother .....
Tag this Judgment!Court : Mumbai
Reported in : 1954CriLJ366
..... a judicial nature, on the result of which the government, under section 22, is required to pass orders one way or the other.under this act, the government acts virtually as an appellate court with power to affirm, reverse or modify the recommendations of the special commissioners. so far as the enquiry itself is concerned ..... which is likely to prejudice mankind against them, then, irrespective of whether the matter is indictable, we would expect the press and the public men to act with the greatest caution before publishing any such inflammatory statement or narration. in this context we appreciate the apologies, in some cases wholly unconditional, which have ..... to the instant case. the commission in question was obviously appointed by the state government 'for the information of its own mind', in order that it should not act, in exercise of its executive power, 'otherwise than in accordance with the dictates of justice and equity' in ordering a departmental enquiry against its officers, it .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom357; (1956)58BOMLR75; 1956CriLJ704; ILR1956Bom305
..... expln. i to section 3. it will, i think, be convenient first to set out the relevant provisions. section 3 defines 'objectionable matter' and provides that:'in this act the expression 'objectionable matter' means any words, signs or visible representations which are likely to .... (v) promote feelings of enmity or hatred between different sections of the people ..... and it would be enough to quote the remarks of shah j. in the case reported in -- 'bal gangadhar tilak v. emperor', air 1916 bom 9 at page 48 (a). shah j. was dealing with the speeches delivered by bal gangadhar tilak and this is what he said:'the speeches must be read as a whole in a fair, ..... point out that the article dated 19-7-1954 fromwhich the extracts have been quoted above fallsclearly within the mischief of section 3, clause (v)tress (objectionable matter) act, 1951.16. the defence of the appellant is that the impugned writing is protected by explanation i to section 3. explanation i to section 3 says:'comments expressing .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom121; (1963)65BOMLR65; ILR1962Bom664; 1963MhLJ205
..... a department is its head. one of the parties to the dispute before the state government was the transport department functioning as a statutory authority under the act. the head of that department received the objections, heard the parties, recorded the entire proceedings and presumably discussed the matter with the chief minister before ..... , are completely violated by the procedure adopted in the instant case.46. in our opinion, the ambit of jurisdiction within which the disciplinary tribunals must act and the fairness with which the enquiries are required to be conducted and concluded, has been laid down in judicial pronouncement with sufficient clarity in several ..... to take action under the central services (classification, control and appeal) rules which are statutory rules framed under article 309 of the constitution, is expected to act in a quasi-judicial manner. in all questions before it, the matter must be considered judicially. though it is not a court, the rules of natural .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom365; (1973)75BOMLR257; ILR1973Bom1163; 1973MhLJ766
..... tribunal and the additional mamlatdar, yawal, held that because the landlady had applied under s. 31 read with s. 29 of the bombay tenancy and agricultural lands act, 1948, for recovering possession of the land for bona fide personal cultivation and obtained possession after fighting the litigation up to the revenue tribunal of the half portion on ..... paid the rent. after remand possession was again ordered by the tenancy awal karkun. the deputy collector set aside that order. the revenue tribunal confirmed that order, bal j. refused to interfere with the order of the tribunal and while doing so made an observation that even though s. 31c prevented the widow from making an ..... 29 read with section 14 was not maintainable. the tribunal upheld this contention. the said decision of the tribunal was challenged in the above special civil application and bal j. held that section 32-f was attracted as the petitioner was a widow and hence the tenant could not become the purchaser and section 31-c was .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom257; (1975)77BOMLR558; 1975MhLJ682
..... female relative, the interest of the deceased in the mitakshara coparcenaries property shall devolve by testamentary or intestate succession as the case may be, under this act and not by survivorship. this is provided by the proviso. how the interest of the deceased in the mitakshara coparcenary property shall be determined for the purpose ..... decision by the division bench. as a result of the reference by chandrachud, j., the matter came up for hearing before the division bench consisting of patel and bal, jj. and the decision of the division bench is reported in rangubai lalji patil v. laxman lalji patil, : air1966bom169 , patel, j., who delivered the judgment ..... relative, the interest of such deceased coparcener in the mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be under the act and not by survivorship. shridhar left him surviving his adoptive mother laxmibai and his widow shantabai. thus in view of the proviso his interest in the .....
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