Court : Mumbai
Reported in : (1915)17BOMLR799
..... i can only say that in poona the state goes upon an intestacy to the heirs under the hindu law; in cochin, to the heirs according to the mahomedan law, and, in cutchi, i do not know how it goes. ..... inverarity's advice through out the long period of his professional activities has done much more than any volitional act of the community themselves to imprint upon them the belief that, at any rate, for all purposes of litigation, they must accept the position of hindus, governed by the law of the joint hindu family. ..... third, it will wipe out an existing anomaly, the isolated attitude of the bombay high court in dealing with article 127 of the second schedule of the indian limitation act. ..... looking to our own succession act which is largely concerned with devises, it cannot be doubted that, speaking loosely, at any rate, wills in the contemplation of lawyers belong to the law of succession and inheritance. ..... nor do i think that these depositions of men long dead are admissible under any other provision of the indian evidence act. ..... inverarity, for example, i entertain considerable doubt whether it is relevant at all under section 48 of the indian evidence act. ..... that this was done by deliberate act of volition i gravely doubt. .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom294
..... to inquire, (6) whether if this be so, he could rely on section 50 of the registration act as giving him an absolute priority which could not be affected by the equitable doctrine of notice arising from possession in the defendants, and (c) whether, if the plaintiff cannot rely on section 50 of the registration act as giving him absolute priority, but was also bound by the possession of the defendants to inquire into the nature and extent of their rights, he had made due inquiry and been misled, or ..... exhibit 59 at least required proof of execution by the person fatma, whose mark alone purports to have been affixed thereto, and further that all the three documents, as purporting to extend the interests created by exhibit 56, were compulsorily registrable and inadmissible for want of registration, and in any case were ineffectual by reason of section 50 of the registration act, 1877, as against the registered deed under which the plaintiff claims, and that plaintiff as a bona me ..... this contention must necessarily fail, inasmuch as it purports to have been executed in march, 1864, and the registration act xvi of 1864 did not come into operation in this presidency (vide section 71) until 1st january, 1865 ..... there is no alternative but to accept the finding of the lower appellate court that these exhibits 57 to 59 were produced from custody which is proper within the meaning of section 90 of the evidence act, and that they were duly executed by the persons by whom they purport to have .....
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