Court : Mumbai
Reported in : AIR1934Bom28; (1933)35BOMLR1142
..... it is clear, in view of the definition in the act, that the claimant, who was employed in a works where sand was dredged from the creek and sifted so as to remove mud and stones, was a workman within the meaning of the act, his ordinary duties were to spread sand in barges, but under the orders of the foreman he was with others employed on the day in question in turning pontoons so as to get the manholes upwards, the pontoons being required for the purpose of erecting a dredger on them for the purpose of removing sand, and in-the course ..... of this operation his leg was injured by one of the pontoons, resulting in its .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom13; (1933)35BOMLR1114
..... it has been urged before us on behalf of the petitioner that this court has power to review the order made by the subordinate judge accepting the security; and that the learned subordinate judge was acting in this ease not in the exercise of any power vested in him by statute but, only as a ministerial officer acting in the exercise of a power delegated to him by this court.4. ..... 1 in the first case it was held that 'where costs of an inquiry before the sheriff are 'settled by one of the masters of the court of queen's bench', under section 52 of the lands clauses consolidation act, 1845, the court has no jurisdiction over the master's taxation on a motion to review. ..... 200): 'where the court refers taxation to its officer, it has the power of reviewing, because the power of the officer is delegated to him by the court, and his act is not effective unless adopted by the court. ..... 339 in which it was held that 'where under order xiv, rule 6, leave to defend an action is given to the defendant on giving security for the amount claimed to the satisfaction of a master, there is no appeal from the decision of the master with regard to the sufficiency of the security tendered. ..... justice broomfield made an order on december 13, 1932, very similar to that which we are making.19. ..... 897 of 1932 in which mr. ..... 300 of 1932, which was made under order xli, rule 10, civil procedure code. .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR981
..... therefore, i think, apart from the authorities of the madras and calcutta high courts, the sections themselves are clear that these two are different acts, and that in both cases the conviction under a, 62 is correct.7. ..... held that the members of the firm who were charged under section 61 of the indian stamp act of 1879 with having granted an unstamped receipt, and under section 64 of that act with having refused to grant a stamped receipt were liable to punishment under both sections, provided that in the latter case the requisition under section 58 of the act had been established by evidence sections 61 and 64 correspond to the present sections 62 and 65 respectively, and section 58 corresponds to section 30), therefore, the argument of the learned counsel that ..... there can be no doubt that this case would not have come before the court were it not for the fact that subsequently the accused fell out with davar, who was dismissed in february 1931, and a decree was obtained against him in the small cause court on april 25, 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR1076
..... , like his colleague, felt the difficulty of fitting his view into the words of the section, but nevertheless stated that under the section the question resolved itself into this :is the party in the second proceeding the representative in interest of the party in the first in other words, was the party in the first the predecessor in interest of the party in the second ?upon the letters patent appeal kumaraswami sastri j. ..... this appears to their lordships a crucial question, for if the latter view be the true one, it would seem that the proviso could only be fulfilled where an interest vested in the party to the first proceeding at the date thereof had become vested in the party to the second proceeding-in other words, where, according to the well-known terms of english law, the party to the second proceeding was privy in estate with the party to the first proceeding, and so claimed title through and under him. ..... nor do they feel able to depart from the plain language of the first proviso, because in other sections of the indian evidence act the words 'representative in interest' appear in contexts which clearly show that the representative comes after and does not precede the person whose representative he is.29. ..... on appeal to the high court at madras, the two judges who formed the bench differed. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom6; (1933)35BOMLR1101
..... does not affect the jurisdiction of the arbitrators or of the court may be validated by such acts of the parties as indicate an intention to abide by it, and if ratified it will have the same effect as a valid award.but in the present case the second award made by the arbitrators is void on the authorities which have been quoted, and no action of the parties by way of consent or otherwise would give the arbitrators authority to make a second award.6. but it is contended by the learned advocate for the appellant that the conduct of the parties in agreeing to an alteration in the award ..... but where the submission is contained in a written agreement, the arbitration act, 1889, enables an arbitrator or umpire to correct any clerical mistake or error arising from any accidental slip or omission.it is, therefore, quite clear on the authorities that once the award is made and published, as it has been in the present case, and signed by all the arbitrators, it is not open to the arbitrators to substitute another award for it, and where, as in the present case, the authority of the arbitrators ceased from the time they made the award, the consent of the parties ..... . it follows, therefore, that there was no concurrence of this arbitrator in the judicial act, and there was no combined action of the arbitrators or judicial exercise of the minds of the five arbitrators which is necessary, as laid down in abdul rahman v .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR834
..... , in delivering the judgment, expressly stated that in the view the court took of the matter it was not necessary, nor was it desirable for them to decide, whether on the acceptance of the indent the relations of the parties became crystallized into those of purchasers and vendors pure and simple, because apart from that the court held that under the terms of the indent, viewed in the light of the custom of the bombay market, the plaintiffs were not under any obligation to account for the difference to the defendants.19. ..... viewing the transactions from another point of view, i think that, even if the transactions be not pure transactions of sale and purchase, it is evident that the defendants acted as the agents of some undisclosed foreign principals in the transactions and, under the terms of the contracts, including the conditions on the reverse, undertook to carry out those transactions on behalf of their undisclosed foreign principals. ..... it appears that the plaintiff passed in favour of the defendants two documents, which are called indents, on february 20 and march 4, 1932, respectively. ..... on behalf of the defendants two indent reports (exhibit 1) sent by the defendants to the plaintiff on february 26 and march 6, 1932, are tendered. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom409; (1933)35BOMLR845
..... by virtue of the provisions of section 31 of bombay act xvi of 1932 anything done or deemed to have been done in pursuance of any provision of the special powers ordinance, 1932, shall, where the corresponding provisions of this act have come into operation before the expiry of the said ordinance, be deemed to have been done in pursuance of the corresponding provision of this act and shall have effect and the provisions of this act shall have effect accordingly. ..... a preliminary objection has been taken by the government pleader that under section 29 of the bombay special (emergency) powers act xvi of 1932 the proceedings taken under the act cannot be called in question by any court except as provided in the act and therefore the jurisdiction of this court is excluded. ..... this order was similarly served on the petitioner on behalf of his brother, against whom the order was directed, and subsequently by act xvi of 1932, the bombay special (emergency) powers act, the order was extended by the governor-in-council under section 4(1) of the emergency act. ..... in that charge-sheet it is stated that the offence is one under section 14 of bombay act xvi of 1932 by reason of subrao staying away and concealing himself to avoid service in foreign territory, and it was prayed that a warrant should be issued against the accused under section 87, criminal procedure code, and a proclamation also should issue and steps be taken under section 88, criminal procedure code. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom317; (1933)35BOMLR554; 145Ind.Cas.641
..... mind and an application was made on behalf of the plaintiff at chambers for an order that the appearance and all subsequent proceedings in the action should be struck out and that the solicitors who had assumed to act for the defendant should be ordered personally to pay the plaintiff's costs of the action up to date on the ground that they had so acted without authority, and it was held that the solicitors who had taken on themselves to act for the defendant in the action had thereby impliedly warranted that they ..... on january 28, 1932, the defendant filed his written statement and in paragraph 3 thereof he denied that the plaintiffs were a private joint stock company incorporated in italy or in any other place or that they had their registered office at florenee in italy. ..... in december there was a summons for directions, and on february 22, 1932, the solicitors for the defendant, messrs. ..... on july 15, 1932, messrs. ..... on march 22, 1932, messrs. ..... in march 1932 they addressed a notice to messrs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom450; (1933)35BOMLR929; 145Ind.Cas.630
..... 14 of the indian limitation act, 1908, as it is not proved that the cause of action in this suit is the same as that in the delhi suit, and further that the plaintiffs were not prosecuting the delhi suit in good faith, (2) that the learned judge was wrong in allowing amendment of the plaint to the effect that the account between the plaintiffs and the defendants was a mutual, open and current account, (3) that even if the account was mutual, it was not open and current at the end of the year, nor at the date of the ..... suit, and (4) that the case was governed by article 89 and not by article 85, because the plaintiffs having demanded the accounts the same were refused by the defendants, and, secondly, because the agency between the parties had come to an end ..... that may have been the defendants' view in 1932, but it does not follow that it was the plaintiffs' view in 1925.9. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom324; (1933)35BOMLR643
..... of it for himself or his heirs he cannot do so and if ho does, the gift vesta the entire estate into the donee in spite of the intentions of both to the contrary i have come to the conclusion that the rules of the muhammadan law do not compel me to so hold.at page 128 the learned commissioner arrives at the conclusion :-the final conclusion therefore at which i have reached is that the rule of the muhammadan law stated in the texts quoted above is restricted to oases where the subject-matter of the gift is the entire physical property and is inapplicable to a case where ..... it is a limited interest in property and that we are bound to, and should not, extend it to the latter class of cases.the conclusion arrived at seems to be this: in the existing texts of mahomedan law life-estates in property reserving the remainder to the donor are not recognised but owing to the exigencies of modern civilization we should, acting on principles ..... abbas bandi bibi : (1932)34bomlr1048 which was a shia case, and where the deed in favour of a mahomedan wife was construed as giving only a life-estate in the property. ..... abbas bandi bibi : (1932)34bomlr1048 .90. .....
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