Court : Mumbai
Reported in : 153Ind.Cas.637
..... on this point, i do not see any person to differ from the view of the madras high court, and for the reasons which are given in that judgment, with which, with respect, i agree, i am of opinion, that there is no justification for extending the theory of substitution, which has been enunciated in respect to persons standing in the relation of promisor and promisee, to persona who are strangers to each other, and therefore, the plaintiffs are not entitled to any property other than that ..... 9 and 10 and members of their family have acquired the rights which the deceased hanmantgaude and the deceased basangauda and chidambargauda (the first two branches of the mortgagors) had in the lands mentioned above, the members of the families of defendants nos 9 and 10 shall become the owners of the lands which will be assigned to the joint share of the deceased hanmantgauda and chidambargauda and basangauda at any partition that may take place between the parties under any circumstances. ..... the question of the title of the auction-purchaser and of adverse possession could only be decided in that suit, as there could not be two simultaneous suits between the same parties on the same points, but the court had jurisdiction to decide those questions in that suit, and therefore, i think, it is doubtful if section 14 of the indian limitation act, will apply. ..... 664 : (1932) a.l.j. ..... 1932 p.c 235 : (1912) m.w.n. ..... 1 : (1932) p.c. ..... 664 : (1932) a.l.j. ..... 1932 p.c. ..... 1 : (1932) p.c. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom329; (1934)36BOMLR694
..... on this point, i do not see any reason to differ from the view of the madras high court, and for the reasons which are given in that judgment, with which, with respect, i agree, i am of opinion that there is no justification for extending the theory of substitution, which has been enunciated in respect to persons standing in the relation of promisor and promisee, to persons who are strangers to each other, and therefore the plaintiffs are not entitled to any property other than that ..... 307 of 1928) are, first, that the grant of the village to the family of the defendants conferred only a life estate on the holder for the time being, and that therefore the interest which the ancestors of the plaintiffs purchased in auction in the year 1877-78 came to an end when the judgment-debtors hanmantgauda bin lingangauda and basangauda bin chikkangauda died; secondly, that the claim of the plaintiffs is barred by res judicata by reason of the decree in suit no. ..... the question of the title of the auction-purchasers and of adverse possession could only be decided in that suit, as there could not be two simultaneous suits between the same parties on the same points, but the court had jurisdiction to decide those questions in that suit, and therefore, i think, it is doubtful if section 14 of the indian limitation act will apply. ..... abdul rahman (1932) 35 bom. l.r. ..... abddul rahman (1932) 35 bom. l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom119; (1934)36BOMLR181
..... it also appears from the record, vide the order of march 1930, that time was granted to enable one of the appellants to obtain a certificate from the collector under section 10 of the watan act, and no certificate being obtained within the time specified, execution was ordered to proceed. ..... when there is a decree against them which is to be satisfied out of the family property, it seems to me that their life-interest can be attached and sold, and that the attachment and sale will be good during their lives, subject to any objection which might be raised by their heirs after their death and subject to any action which the collector might take under the watan act on their representation. ..... the first court directed execution to proceed, holding that there had already been an order directing the defendant to produce a certificate from the collector under section 10 of the watan act, and the certificate not having been produced, execution had been ordered to proceed. ..... 482 can be distinguished on this ground, and although there does not appear to be any decided authority on this point, our decision follows from the wording of section 5 of the bombay hereditary offices act, and is in no way inconsistent with the principle embodied therein.8. .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR1181
..... has not purported to act on this admission of the police prosecutor by treating it as a withdrawal of the complaint under section 494 of the criminal procedure code, nor did the police prosecutor himself invite the court to act under that section, but he admitted at the close of the case and probably in his argument before the court that there was no case of cheating, and although the learned magistrate has not purported to act under section 494 of the criminal procedure code, he has discharged the accused under section 253 ..... that as soon as fifteen loan candidates got themselves registered in any of the series in the all india auto link register the company would proceed to advance the loans in the manner stated in the rules under which one loan equal to one-half of the amount of the series was to be given to each candidate in turn beginning from the top of the series ; six loans, each of which was to be an amount equal to one-tenth of the amount of the series, were to be distributed by drawing, and two loans of an amount equal ..... it appears that the proceedings in this case were instituted on august 16, 1930, and the trial before the magistrate began in january 1931 and continued until the order of discharge was made on july 23, 1932. ..... parashram bhika (1932) 35 bom. l.r. ..... parashram bhika (1932) 35 bom. l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom48; 148Ind.Cas.271
..... has not purported to act on this admission of the police prosecutor by treating it as a withdrawal of the complaint under section 491 of the criminal procedure code, nor did the police, prosecutor himself invite the court to act under that section, but he admitted at the close of the case and probably in his argument before, the court that there was no case of cheating, and although the learned magistrate has not purported to act under section 494 of the criminal procedure code, he has discharged the accused under section 253 ..... that as soon as fifteen loan candidates got themselves registered in any of the series in the all-india auto link register the company would proceed to advance the loans in the manner stated in the rules under which one loan equal to one-half of the amount of the series was to be given to each candidate in turn beginning from the top of the series; six loans, each of which was to be an amount equal to one-tenth of the amount of the series, were to be distributed by drawing, and two loans of an amount equal ..... it appears that the proceedings in this case were instituted on august 16, 1930 and the trial before the magistrate began in january, 1931 and continued until the order of discharge was made on july 23, 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom485; (1933)35BOMLR1054; 147Ind.Cas.230
..... it seems to me to be difficult to say that the questions whether the complainant was drunk on november 2, 1932, whether the consideration was paid for the alleged sale, what was the value of the land, whether there was a conspiracy or not, are not fully within the competence of the magistrate to decide for the purposes of the criminal case. ..... under section 438 of the criminal procedure code, the sessions judge can, on examining the record of any proceedings under section 435, report for the orders of the high court the result of such examination, and if he can make such report to this court for any action to be taken by it under section 439 of the code in its revisional jurisdiction, i do not see why the sessions judge cannot make a similar report and move the high court for interference under the code itself under ..... at any rate it was suggested to us in the argument that the circumstances in which the sale-deed was executed and the question of the value of the land would be more likely to be satisfactorily investigated in a civil suit in which the persons concerned, including the accused in the criminal case, can be examined as witnessess and cross-examined. ..... the question whether we ought to act upon the reference is more difficult. ..... he admits that we might act upon our own initiative or upon information derived from whatever source. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom476; (1934)36BOMLR1005
..... making of the award, and the award is against the ..... the award of the board of directors in appeal from the award made by the umpire is not within the indian arbitration act and cannot be filed, as it is not the award either by the arbitrators or the umpire, and he prays that it should be taken off the file; and (2) the award is illegal on the ground that it was made by persons some of whom were not present at the earlier hearings, and some who were present at the earlier hearings had not joined in the making of the award, and that the arbitrators did not act together in the ..... on november 22, 1932, the umpire made his award in favour of the petitioner. .....
Tag this Judgment!Court : Mumbai
Reported in : 155Ind.Cas.801
..... it may be stated that the evidence of the secretary of the association shows that the contention of the respondents as regards the practice followed by the board of directors is well founded, but as no record of the evidence taken by the arbitrators or by the umpire was kept, all that was circulated was the correspondence between the parties, the contracts and the award of the umpire, as well as the minutes of the meetings of the board of directors.7. ..... undoubtedly, the section in terms does not apply to the award made on appeal by the board of directors, but if the decision of the board which is called an award under the bye-law, which is filed under the arbitration act, is the final decision under the submission in accordance with the act, then, in my opinion, it would be an award made by the arbitrators under the submission between the parties. ..... in the present case assuming, without deciding, that the nature of the original contract between the parties as to which the dispute had arisen, was outside the class of contracts referred to in section 2(a) act i of 19 9, it was open to the parties to agree to an arbitration to be carried out on the lines stated in rule 51 framed under that act.apart from any decision, i see no difficulty in holding that an award made on the agreement of the parties in that manner is within the scope of the act. ..... on november 22, 1932, the umpire made his award in favour of the petitioner. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom126; (1934)36BOMLR190
..... and the learned chief judge was further of opinion that the notice put up on august 31, 1932, being an illegal notice on the part of the employers, that is to say, a notice which they were not entitled to give under the contract, the workmen were entitled to treat the contract as repudiated and as at an end; and therefore no question of a strike under clause 14(a) arose, because the employees no longer continued in service. ..... on the other hand, the learned 3rd judge was of opinion that under clause 14(b), the employers could stop the work on the ground of state of trade for a period not exceeding two consecutive days, that they could then re-open for a day, and then again close for two consecutive days, and so forth,-that being the view of the rule which the employers had themselves adopted in giving their notice of august 31, 1932.13. ..... on september 1, 1932, the operatives in the winding and dyeing departments,-but not in the department to which the plaintiff belonged, namely, the weaving department,-objected to the notice which had been put up closing the mill for fifteen days, and refused to work unless that notice was withdrawn. ..... on august 31, 1932, the directors resolved to close the mill during fifteen days in september-those fifteen days including five holidays, but for not more than two consecutive days,-and acting under clause 12 of the standing orders, they put up a notice stating on what days the mill would be closed. .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR1040; 147Ind.Cas.25
..... for instance, if the story of an approver is that the accused took part in a murder and robbery and that he received part of the stolen goods, independent evidence that the property shown to have been stolen on the occasion of the offence is found with the accused would be corroboration of the approver's story against the accused, although the finding of stolen property is obviously not in itself evidence that the accused took part in a murder. ..... it is conceivable that the relations between bapusaheb and his father were not cordial, and that the arrangements for the disposal of the body were made by bapusaheb with the two servants, who would no doubt have to act in collusion with the man who was living at the bungalow, but that their instructions were to keep matters from the knowledge of accused no. 1. ..... allisab : (1932)34bomlr1453 where it was laid down as a definite rule of prudence that the evidence of an accomplice should, not be acted upon unless corroborated as against the particular accused in material respects, and that that rule should be applied however little reason there was to doubt the approver's story. ..... the trial court and the lower appellate court having accepted that evidence, and it being evidence of a nature on which they could properly act, there is, i think, no ground on which we can properly interfere in revision. .....
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