Court : Mumbai
..... the appellate court has considered all these documents and has held that the documents are not pleaded, some of the documents are inadmissible in evidence, the contents of some of the documents are not proved and even if the documents are admissible in evidence or the contents of the documents are proved, they have no relevance to the controversy involved in the case and none of the documents proved/produced constitute the source of the right of the plaintiffs. ..... , to enter the innermost sacred part of the temple where the idols are installed and to do the actual worship by touching the idols for the purpose of bathing, dressing the idols, offering the garlands and doing all other ceremonial rites prescribed by the custom, convention or tradition, are not covered by section 3 of the said act. 35. ..... thorat has invited my attention to the decision in the civil suit no.49 of 1929 filed by the plaintiffs in which a decree was passed on 12th december 1932, restraining permanently the defendants-kolis therein of shingnapur not to obstruct the plaintiff badaves of shingnapur in their right of taking dahi-bhat, naivedya, maha naivedya, ras of grain and lakholi along with guptadan and to give to devotees and pilgrims, teerth, prasad and angars. ..... in the decision of the apex court in t he commissioner, hindu religious endowments, madras vs. .....
Tag this Judgment!Court : Mumbai
..... evidence in support of the propounders case that the signature in question is the signature of the testator may not remove the doubt created by the appearance of the signature; the condition of the testators mind may appear to be very feeble and debilitated; and evidence adduced may not succeed in removing the legitimate doubt as to the mental capacity of the testator; the dispositions made in the will may appear to be unnatural, improbable or unfair in the light of relevant circumstances; or, the will may otherwise indicate that the said dispositions may not be the result of the testators free ..... it is true that, if a caveat is filed alleging the exercise of undue influence, fraud or coercion in respect of the execution of the will propounded, such pleas may have to be proved by the caveators; but, even without such pleas circumstances may raise a doubt as to whether the testator was acting of his own free will in executing the will, and in such circumstances, it would be a part of the initial onus to remove any such legitimate doubts in the matter. ..... it must also be borne in mind that the parties are governed by marumakkattayam school of hindu law. .....
Tag this Judgment!Court : Mumbai
..... evidence in support of the propounders case that the signature in question is the signature of the testator may not remove the doubt created by the appearance of the signature; the condition of the testators mind may appear to be very feeble and debilitated; and evidence adduced may not succeed in removing the legitimate doubt as to the mental capacity of the testator; the dispositions made in the will may appear to be unnatural, improbable or unfair in the light of relevant circumstances; or, the will may otherwise indicate that the said dispositions may not be the result of the testators free ..... it is true that, if a caveat is filed alleging the exercise of undue influence, fraud or coercion in respect of the execution of the will propounded, such pleas may have to be proved by the caveators; but, even without such pleas circumstances may raise a doubt as to whether the testator was acting of his own free will in executing the will, and in such circumstances, it would be a part of the initial onus to remove any such legitimate doubts in the matter. ..... it must also be borne in mind that the parties are governed by marumakkattayam school of hindu law. .....
Tag this Judgment!Court : Mumbai
..... evidence in support of the propounders case that the signature in question is the signature of the testator may not remove the doubt created by the appearance of the signature; the condition of the testators mind may appear to be very feeble and debilitated; and evidence adduced may not succeed in removing the legitimate doubt as to the mental capacity of the testator; the dispositions made in the will may appear to be unnatural, improbable or unfair in the light of relevant circumstances; or, the will may otherwise indicate that the said dispositions may not be the result of the testators free ..... it is true that, if a caveat is filed alleging the exercise of undue influence, fraud or coercion in respect of the execution of the will propounded, such pleas may have to be proved by the caveators; but, even without such pleas circumstances may raise a doubt as to whether the testator was acting of his own free will in executing the will, and in such circumstances, it would be a part of the initial onus to remove any such legitimate doubts in the matter. ..... it must also be borne in mind that the parties are governed by marumakkattayam school of hindu law. .....
Tag this Judgment!Court : Mumbai
..... the division bench considered the following acts:- (i) the juvenile justice (care and protection of children ) act, 2000 and amendment of 2006 to that act; (ii) benami transactions (prohibition) act, 1988; (iii) the orissa tenants protection act, 1948; (iv) the west bengal rent control (amendment) act, 1950; (v) the securities and exchange board of india act, 1992 (vi) the maharashtra ownership flats (regulations of the promotion of construction, sale management and transfer) act, 1963. 39. ..... dealing with devolution of interest to coparcenary property states- "when a male hindu dies after the commencement of this act, having at the time of his death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act: provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims through such female relative ..... nor can he alienate such interest even for value, except in bombay, madras and madhya pradesh (paragraphs 259-260). .....
Tag this Judgment!Court : Mumbai
..... i am satisfied that in this matter, particularly after considering the observations in the documents relied upon by the plaintiff, the fact that the plaintiff has also stated earlier that the cause of grounding of the defendant vessel was due to bad weather which cannot be perceived as being within the control of the vessel, the fact that the plaintiff had not even sent a letter of demand or communication alleging the fault on the part of the defendant and for the first time raising the issue in paragraph no.3 of the plaint to show a semblance of cause of action ..... of course, this rule applies only to non-natural user of the land and it does not apply to things naturally on the land or where the escape is due to an act of god and an act of a stranger or the default of the person injured or where the thing which escapes is present by the consent of the person injured or in certain cases where there is statutory authority. ..... stevenson, [1932] a.c. .....
Tag this Judgment!Court : Mumbai
..... is prescribed by the act, the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of the defendant or his agent (section 17(1)(b)) or where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him (section 17(1)(d)), the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document ..... probodhchandra manu/wb/0200/1932: air1933cal253 it was held that once the plaintiff had shown himself entitled to invoke section 18, limitation act, time did not begin to run against him until he acquired knowledge of the facts and this means clear and definite knowledge of the facts, that is to say, something more than showing that the plaintiff had means available to him for coming to know of the fraud. 4. ..... madras high court in case of the ramanathapuram market committee (supra) and in particular paragraph 14 has held that in a case where the defendant challenges the allegation of the plaintiff as to the date of knowledge, it is for the plaintiff to establish that he could not have discovered the mistake with reasonable diligence on a date earlier than that on which the plaintiff bases his cause of action. .....
Tag this Judgment!Court : Mumbai
..... though the joint charity commissioner did not seem to be satisfied with the fact that the order dated 29/12/1994 was challenged in the year 2009 by the applicant shaikh sadullah shahabuddin peerzade by invoking section 36(2) of the said act, the joint charity commissioner nevertheless without taking into consideration the developments subsequent to the order dated 29/12/1994 has allowed the application on the ground that the consent of the fit person was not obtained and the existence of the fit person was not pointed out. ..... that the fact that the giyasuddin did not contest the proceedings under section 36(2) is a pointer to the fact that he accepts the allegations made in the application that the permission has been obtained by the said giyasuddin by keeping in dark the other trustees and the fit person and therefore the order passed by the joint charity commissioner revoking the permission on the ground that the consent of the fit person was not obtained or the fit person was not taken into confidence need not be interfered with. 10. ..... in so far as the property in question which is the land admeasuring 2862.1 sq.mtrs is concerned, the entire land was tenanted since 1932. ..... was in possession of the plot in question since 1932, however, the applicant has purposely shown ignorance of the said fact for extraneous reasons. .....
Tag this Judgment!Court : Mumbai
..... after an extensive review of authorities under the 1940 act dealing with the power of the court to refer (under section 20 of that act) and noticing section-8 of the 1996 act in its backdrop, the madras high court observed as follows : 9. ..... we are inclined to the view that the decision of the chief justice on the issue of jurisdiction and the existence of a valid arbitration agreement would be binding on the parties when the matter goes to the arbitral tribunal and at subsequent stages of the proceeding except in an appeal in the supreme court in the case of the decision being by the chief justice of the high court or by a judge of the high court designated by him.? 17. ..... my endeavour is only to show that the arbitration act, 1996 does not in any manner deviate from the accepted principles behind the civil court's discretion to refer or not to refer a dispute to the arbitrator under certain given facts and circumstances and the provisions of the arbitration act cannot also override the provisions of the partnership act, 1932. ..... in furtherance of this understanding, a letter dated 1 june 2000 was prepared and signed by all three partners and sent to itc limited, the principal with whom the firm had an agreement for distribution-ship; that after disputes arose between the parties, the petitioner filed a false police complaint that her signature on the letter of 1 june 2000 was forged; that similar complaint was made to itc limited; that thereupon itc limited withdrew their business .....
Tag this Judgment!Court : Mumbai Goa
..... he read out the provisions of sections 4, 9, 10, 14, 15, 19 and 22 of indian partnership act, 1932 ('the act') and submitted that shri pandharinath chafadkar being the partner of the complainant was the agent of the said firm and hence, he was bound to transfer the said amount, if realized, into the account of the firm. ..... from the above provisions of the act, it is clear that every partner is an agent of the firm and his other partners for the purpose of business of the firm and the acts of every partner bind the firm and his partners, unless, of course, the partner had, in fact no authority to act for the firm and his other partners. ..... he further submitted that pw1 had power generally to do all acts, deeds and things as may be necessary in the premises on behalf of the firm to all intents and purposes as the partners constituting the same for the time being, could do in their own person. ..... partner to be agent of the firm - subject to the provisions of this act, a partner is the agent of the firm for the purpose of the business of the firm.? ..... and generally to do acts, deeds and things as may be necessary in the premises on behalf of the said firm to all intents and purposes as the partners constituting the same for the time being could do in their own person.? 15. ..... 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the firm, binds the firm. .....
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