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Hargovind Fulchand Doshi Vs. Bai Hirbai

Court : Mumbai

Reported in : (1920)22BOMLR619; 58Ind.Cas.205

..... the point for decision is whether sections 31 and 32 of the bombay court of wards act are applicable to this suit. ..... by the gujarat talukdars' act and court, of wards act the right to sue a talukdar in the one case and a government ward in the other, is left unaffected, except in certain specified cases with which we are not now concerned; though suits against the court of wards and officers acting thereunder are broadly speaking prohibited by section 45 of the court of wards act. ..... the manager under the gujarat talukdars' act is to divide the surplus receipts amongst the talukdars (section 29)(3)); the manager under the court of wards act disposes of the entire profits in a manner similar to that of a guardian (sections 23 to 27 of the court of wards act). ..... but if the policy of the gujarat talukdars' act is different; if that act contemplates the talukdar himself as the real litigant; in other words if it regards a suit like the present as in substance and in reality a suit against the talukdar personally; then to apply sections 31 and 32 of the court of wards act would be to go clean against the policy of the gujarat talukdars' act.6. ..... the particular reason which appeals to my mind is this, in the case of talukdars there is not, as in the case of government wards, the same need for such provisions as sections 31 and 32 of the court of wards act contain: for the severance of the talukdar from his estate is less complete, the management is of a more restricted kind. .....

Shankar Sana Vs. Shivabhai Vallavbhai

Court : Mumbai

Reported in : (1920)22BOMLR223; 55Ind.Cas.831

..... his estate was in charge of the court of wards; that a notice calling for submission of claims was published in the government gazette of the 6th june 1907; that the defendant did not submit his claim as a mortgagee within six months as required by the said notice; that, therefore, notice was issued to the defendant to give up possession of the land on the 25th october 1913 under the bombay land revenue code; that possession was taken of the land on the 3rd june 1914 in the presence of the panch; that defendant took ..... the defendant denied the claim and alleged that the notice did not bind him; that section 14 of the court of wards act did not bind him, nor did it entitle the plaintiff to maintain the present suit against him, a mortgagee in possession. ..... under section 14 (1) the notice would be published in the government gazette and in such other manner as the governor-in-council may, by general or special order, direct, and i think our best course is to send a copy of the proceedings in this case and our judgment to government, suggesting that some special order should be made under section 14 (1) of the court of wards act with regard to the further publication of notices calling for claims under that section. .....

Musamia Imam Haider Bax Razvi Vs. Rabari Govindbhai Ratnabhai and ors.

Court : Supreme Court of India

Reported in : AIR1969SC439; (1969)71BOMLR681; 1969MhLJ513(SC); [1969]1SCR785

..... subsequently, on or about january 15, 1953, the then bombay government assumed management of the estate under the court of wards act 1905 (bombay act no. ..... it is evident therefore that the act applied to the suit lands before august 1, 1956, that sections 1 to 87-a did not apply during the period between august 1, 1956 and may 11, 1958 which was the date on which the management of the estate by the court of wards ceased, and that the provisions of the act again applied to the suit lands after the cessation of such management. ..... under the management of the court of wards or of a government officer appointed in his official capacity as a guardian under the guardians and wards act, 1890;(d) to an estate or land taken under management by the state government under chapter iv or section 65 except as provided in the said chapter iv or section 65, as the case may be, and in sections 66, 80-a, 82, 83, 84, 85, 86 and 87:provided that from the date on which the land is released from management, all the foregoing provisions of this act shall apply thereto; but subject to the modification that in the case of a tenancy, not being a permanent tenancy, which on that ..... it is also admitted that after the cessation of the management by the court of wards the provisions of the act again became applicable to the suit lands. .....

Narendrasingji Ranjitsingji Vs. Udesinghji

Court : Mumbai

Reported in : AIR1947Bom451; (1947)49BOMLR318

..... legal action can be instituted or continued, similar to the provision under the pensions act under consideration, is to be found in section 17 of the court of wards act, bombay i of 1905, which says that on the publication of a notice under section 14, sub-section (1), no proceeding in execution of any decree against the government ward or his property shall be instituted or continued until the decree-holder files a certificate from the court of wards that the decree-claim has been duly submitted, or until the expiration of one month from the date of receipt by the court of wards of a written application for such certificate, accompanied by a certified ..... 417 which was a case under the city of bombay municipal act, 1888, under section 33 of which the chief judge of the small causes court has jurisdiction to determine the validity of a contested election and where it was held that where a special tribunal out of the ordinary course is appointed by an act to determine questions as to rights which are the creation of that act, then, except so far as otherwise expressly provided or necessarily implied, that tribunal's jurisdiction to determine those questions is exclusive. .....

Parshram Shivajiram Vs. Gulabsing Fattesing

Court : Mumbai

Reported in : AIR1937Bom113; (1936)38BOMLR1306

..... the question turns upon the construction of section 31 of the court of wards act (bombay act i of 1905 ..... of this purpose of the act, the words ' the property of any government ward ' are used in referring to the estate of which the court of wards has assumed superintendence including that part of the estate which may be subject to pre-existing liabilities, a part that may consequently never become the ' property of any government ward ' in its strict sense ..... the suit was brought on september 24, 1930, and has been dismissed as barred by section 31 of the court of wards act ..... that section is as follows :-no suit relating to the person or property of any government ward shall be brought in any civil court until the expiration of two months after notice in writing stating the name and place of abode of the intending plaintiff, the cause of action and the relief claimed, has been delivered to, or left at the office of, the court of wards; and the plaint shall contain a statement that such notice has been so delivered ..... the assumption of the superintendence has a retrogressive effect inasmuch as the superintendence is not restricted to the date of its assumption, but the court of wards must deal with liabilities created prior to the date of ..... 1930, after the death of the father, the court of wards assumed superintendence of the property of the defendant, who thus became a government ward. ..... to his son gulabsing and was taken over by the court of wards under a notification of january 30, 1930. .....

Shivajirao Narayanrao Thorat Vs. Hari Narayan Tagare

Court : Mumbai

Reported in : (1920)22BOMLR943; 58Ind.Cas.319

..... it has been argued before us that under the proviso to section 16 of the bombay court of wards act that letter could not be proved. ..... the matter of importance and of some difficulty which has been argued at the hearing of this appeal, relates to the meaning of the proviso to section 16 of the court of wards act (bom. ..... defendant was a minor and a ward of the collector court of; wards act (bom. ..... sections 13,1,4, 15 and 16 deal with the duties of the collector when the court of wards assumes superintendence of the property of any landholder under the act. ..... sub-section (3) provides that nothing in the section shall be construed to bar the institution of a suit in a civil court for the recovery of a claim against a government, ward or his property which has been duly submitted to the court of 'wards. ..... as it has not been distinctly provided that such a decision or proposal or offer by the court of wards shall not be used as an acknowledgment, we think it is open to the claimant to make use of such a decision merely for the purposes of an acknowledgment. ..... then comes a proviso: 'provided that no decision of the court of wards under this section shall be proved in any such suit as against the defendant.'2. ..... act i of 1905). .....

Miss M.J. D'silva Vs. Miss D.J.S. Minizis

Court : Mumbai

Reported in : (1912)14BOMLR1207; 17Ind.Cas.972

basil scott, kt., c.j.1. accepting the view of the district judge stated in his judgment of the 7th of october 1911 in support of his order returning the plaint for presentation to the subordinate judge's court, we take it that the second defendant was appointed court of wards under section 3(c) of bombay act i of 1905.2. the question is whether he is sued as an officer of government in his official capacity.3. section 3 of the court of wards act of 1905 enables the governor in council to appoint certain officers to be a court of wards for any part of the presidency. the power of the governor in council is confined to the appointment of officers and, therefore, it is only as an officer of government that the second defendant is a court of wards, we think, therefore, that he is an officer of government sued in his official capacity and that, therefore, under section 32 of act xiv of 1869, the subordinate judge's court cannot entertain the suit.4. we, therefore, affirm the order of the subordinate judge.5. if the plaint is not presented in the proper court within a month the plaintiff must pay all the costs. if it is so presented the costs throughout will be costs in the cause.

Indirabai Narayan Bivalkar, Deceased Through her L.Rs. and Others Vs. ...

Court : Mumbai

..... on 6 november 1960, appointment of the collector as court of wards under bombay courts of wards act, 1905 (for short, the wards act ) in respect of the properties of vinayak dhundiraj bivalkar under section 13(i) was made and gazetted and which continued till 1987. ..... no claim was made in respect of the land by the government under section 14(c)(1) of the wards act, 1905 when claims were invited. ..... on 5 december 1960, gazette notification by the collector and court of ward under section 14c(i) of the wards act, inviting claims, if any, was issued in respect of the properties taken charge of by the collector as court of wards. ..... state of maharashtra (1965 mh.l.j.462) this judgment deals with bombay personal inams abolition act, 1952, specifically sections 5 and 7 wherein it is observed by the division bench of this court that the land in possession of an inamdar which was not cultivated but which naturally grew grass for fodder does not vest in the state under section 7 of the inams abolition act as it is saved by section 5. ..... unable to deny the principle so laid down in the supreme court judgments cited by the petitioners-owners referring to sections 4, 5 and 7 of bombay personal inams abolition act. ..... the apex court in state of gujarat (supra) while dealing with bombay taluqdari tenure abolition act, 1949 of which basic sections are stated to be identical in terms with bombay personal inams abolition act. .....

Gulabchand Daulatram Vs. Suryajirao Ganpatrao

Court : Mumbai

Reported in : AIR1950Bom401; (1950)52BOMLR614

..... of the provisions of section 40, proviso 3, bombay court of wards act, i [1] of 1905, no land-holder, who has been made a government ward in pursuance of section 9 (1) of the act, is competent on the withdrawal of the superintendence of the court of wards to transfer or create any charge on or interest in his property or any part thereof beyond the term of his natural life, except with the previous sanction of the collector ..... the argument of the learned advocate on the second point was twofold, (a) that, the covenant for quiet enjoyment came to an end on the death of ganpatrao when the sale deed itself became void and (b) that the covenant for quiet enjoyment to allow the transferee to remain in possession from generation to generation without obstruction amounted to an agreement to do what was prohibited by the bombay court of wards act, and hence the agreement was void and unenforceable and damages could not be recovered for failing to carry out ..... the bombay court of wards act imposes a disqualification upon the rights of a person whose estate has passed under the superintendence of the court of wards and which has ..... the bombay court of wards act, however, does not impose a general incapacity upon such a person to contract with regard ..... there is no ground for holding that damages for breach of covenant for quiet enjoyment entered into by a vendor who sells property and the sale contravenes the provisions of section 40, proviso 3, bombay court of wards act, cannot 'be recovered.26. .....

Protap Chandra Deo Dhanbal Deb Vs. Sri Raja Jagadish Chandra Deo Dhaba ...

Court : Kolkata

Reported in : AIR1925Cal116

..... it is pointed out on behalf of the respondent that whenever it is intended to restrict alienation by will it is expressly so provided as for instance in the madras court of wards acts (section 34 of act i of 1902), and in the bombay act, section 38 of bombay act of 1905, (see also section 37 of united provinces court of wards act iv of 1912 (though act xxiv of 1870. ..... as the court of wards has subsequently given up the management of the estate and has placed it in the hands of the receiver appointed by this court the reference in the ordering portion of the decree to the court of wards should be interpreted as applying to the receiver appointed by this court and the expression 'ward defendant' will be interpreted to mean 'defendant-appellant. ..... it is pointed out on behalf of the respondent that the court of wards was in charge of the estate at the time when the decree of the court below was passed and accordingly there are references to the court of wards in the ordering portion of the decree. ..... the estate remained in charge of the encumbered estates act authorities from 2nd august 1905 until october 1920 when it was taken charge of by the court of wards..85. ..... after satrughna's death, the defendant, as his heir, got the estate released in october 1920 from management under the encumbered estates act, but upon his application as a disqualified proprietor the court of wards took over the management of the estate. .....