Court : Mumbai
Reported in : AIR1933Bom244; (1933)35BOMLR413; 145Ind.Cas.286
..... application before us that the petitioners have paid into court the necessary amount as security for the costs of opponent, and also the sum required for translating and printing the record and that the appeal has been declared admitted ; but that meanwhile the parties have entered into a compromise in the terms stated in the body of the application, and now pray that this court should supersede its first decree and pass one in the terms of the compromise.2. there is no ..... . it has also been said that to disallow this application will be a matter of hardship to the applicants, whose only other course is to obtain a certificate from us to the effect that the matter has been compromised, and then to make an application to his majesty in council, but this is obviously not the only way out of the difficulty, for the appeal can admittedly be withdrawn, and the adjustment arrived at between the parties can be certified to the court under order xxi, rule 2 ..... . lastly, it has been urged that in the interval between the grant of leave to appeal and admission, and its presentation to the registrar of his majesty's privy council, this court is, in a measure, in the position to exercise some of the functions of his majesty's privy council, and can, therefore, when so acting, make orders which would not be within its capacity in the exercise of its ordinary jurisdiction .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom71; (1932)34BOMLR1629
..... 163 that the rules laid down in section 55 of the indian contract act do not vary from the english rules, and that the section lays down no principle which differs from those which obtain under the law of england as regards contracts to sell land, that decision was given very soon after the decision of the house of lords in stickney v. ..... they had taken about two months in which to communicate with the widow and ascertain that she refused herself to act and to get her permission for one of the creditors to act, and seeing that she was residing in cutch, i do not think twomonths delay can be said to have been unreasonable. ..... an injunction, if granted would not have been incident to, and in aid of, the equitable remedy of specific performance, but a means of enabling the vendor to forfeit) the purchaser's deposit, in other words, to exercise a right which, if it existed at all, was a legal right, and this would be contrary to the principles upon which the court of chancery has always acted.15. ..... the judicature) acts the vendor, could have only obtained relief from the consequences of his failure by filing a bill for specific performance and for an injunction restraining the action. ..... he points out that equity, if it could do so without doing injustice to the parties, did not hold them to their strict stipulation as to time, and he then discusses the principle on which equity acts in such cases. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom105; (1933)35BOMLR89
..... was held by the madras high court that revision of certain orders passed under the taluka local boards act in that province lay to the court.4. ..... comparing that section with the corresponding section 22 of the act of 1901, we find that there was an amendment, but the amendment was the substitution of the words ' district court' for those of ' district judge ' in the act of 1901, the difficulty, in fact, had been in the case dealt with by sir norman ..... it seems clearly to have been the intention of the legislature to provide for these applications being heard by one of the officers constituting the district court, not in the exercise of his ordinary civil jurisdiction, but in special circumstances, which are consistent only with his being a persona designata for the purposes of this section of the act.6. ..... (2), however, is substantially what it was in the act preceding the present one, and that is what we have ..... taken that no recourse can be had to this court, since under section 15 the district judge was acting not as a court but as a persona designata and that we have therefore no jurisdiction, if this is so, then, i think, on the authority of the cases of balaji sakharam v. ..... the proceedings were held and a decision made under section 15 of the bombay city municipalities act ..... now concerned with section 15 of the act of 1925. ..... 33bomlr1067 , in which it was held by a division bench of this court, that an application lay under section 198, sub-sections (2), (5), (4) and (5) of the same act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom51
..... applying then to the present case it seems to me that you are entitled to read the heading of order 34 into the various rules of that order having regard to the history of the order for the purpose of fixing the meaning of words which may have more than one meaning and for the purpose of keeping the effect of the act within its real scope. ..... 37 it is stated:the preamble of a statute has been said to be a good means of finding out its meaning, and, as it were, a key to the understanding of it and, as it usually states, or professes to state, the general object and intention of the legislature in passing the enactment, it may legitimately be consulted to solve any ambiguity, or to fix the meaning of words which may have more than one, or to keep the effect of the act within, its real scope, whenever the enacting part is in any of these respects open to doubt.then at p. ..... so that order 34, was substituted for sections in the transfer of property act which dealt, only with mortgages of immovable property, and i think a presumption arises that in taking these provisions out of an act relating to property and incorporating them in an act relating to procedure the legislature did not intend to extend the scope of the provisions, although, no doubt, that presumption would be rebutted if the legislature had used language to show that it did intend to extend the scope of the provisions. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1642
..... in the next passage that the learned magistrate refers to, the speaker says: ' you people should not think that the strength of the labourers is little; there is strength in the hands of the labourers; everything is in the hands of the labourers; for this reason (if) the labourers want to break the power of the capitalists and the imperialists, the labourers can break it in four days' ..... in the case of a manufacturing company like a spinning and weaving mill, you have the large body ofshareholders who are the proprietors of the concern; then you have the board ofdirectors and then you have the firm of managing agents, who actually carry on the day to day administration and engage or dismiss employees; and, lastly, there is the manager who acts under the orders of the managing ..... contemplated under section 124a has been held to be 'the executive government which under the government of india act is constituted to carry on the executive government of india and of the various provinces,' it is not correct to say that government is concerned as such with the administration of justice by the courts or the length of sentences awarded by them. ..... to me that 'capitalist' is altogether too vague a phrase to denote a definite and ascertainable class so as to come within section 153a, i may say that even if i were wrong on that construction of the act, i should say that this speech was not sufficiently strong to promote or attempt to promote feelings of enmity or hatred against the capitalists. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom137; (1933)35BOMLR75
..... jayakar on behalf of the adoptive mother that the dwyamushyayana form of adoption makes the adopted son the son of two fathers and also the son of two mothers, and that after the adoption the filial relation is created, by virtue of the adoption, with the adoptive father and also with the adoptive mother, but the adoptive mother is entitled to preference as the property belongs to the adoptive family.5. ..... it appears that where both the natural and the adoptive fathers are dead, the pinda, (oblation) is to be offered first to the natural father and then to the adoptive father, and also when the shraddha is performed, the maternal grandfathers, that is, the fathers of the natural mother are first designated and then those of the adoptive mother, and that after the fourth generation it is optional to invoke the adopter or not. ..... 22 (stokes' hindu law, page 536) :-.in consequence of the superiority of the husband, by his mere act of adoption, the filiation of the adopted, as son of the wife, is complete in the same manner as her property in any other thing accepted by the husband.16. ..... in the case of a simple adopted son the exclusive filial relation to the adoptive parents and severance from the natural family result from the very act of the gift of the boy in adoption. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom126; (1933)35BOMLR118
..... bound by any decision in the previous suit to which the plaintiff's mother was a party. ..... in subbi's case that the rule in shivagunga case would not apply to cases in which suits either conducted or defended by a widow are personal to herself and originate in her own acts, and therefore a widow in the enjoyment of a life-estate can never fully represent the estate within the meaning of the dicta in the shivagunga case in any litigation arising out of acts of her own, and therefore, it was held in that case that the plaintiff, the daughter, who claimed as reversioner to the father, was not ..... the revenue inquiry after bhojappa's death appears to have been conducted under the old section 71 of the land revenue code, bombay act v of 1879, and was directed to the ascertainment of the person who would be entitled to be placed in revenue records as the heir of the deceased khatedar bhojappa. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom164; (1933)35BOMLR55
..... it is established that notice is not required where the action is brought on a contract: for the conduct leading to the action is a wrongful act or omission under the contract, as distinct from one in the execution of the act; and it is the breach of a specific contract that is the occasion of the right to sue.the same view is taken by the madras high court in mayandi v. ..... the case might also be distinguished on the ground that the municipality claimed, according to the terms of the contract, to deduct a certain amount from the plaintiff's deposit for non-performance of his contract, and as such deductions were justified under the powers conferred upon them by the act, it was held that their powers to enforce the contract, according to the construction they put upon it, must also be in pursuance of the act. ..... applied to a suit for an injunction to prevent serious and irreparable injury, and it was held that the section applied to all forms of suit and whatever the relief sought including a suit for injunction, as the section is express, explicit and mandatory and admits of no implications or exceptions, and after referring to cases under the public authorities protection act 1893 it was observed that the words 'in respect of' a form going beyond ' for any thing done or intended to be done ' show it to be wider ..... on january 1,9, 1932 (unrep. ..... dhondiba (1932) f.a. no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom338; (1933)35BOMLR694
..... as principal to pay compensation would be entitled to be indemnified by the plaintiff, and the sub-clause provides that 'all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner,' the question that arises, therefore, for consideration is : what is the remedy of the contractor if he claims indemnity from a person who he says is his sub-contractor plaintiff has filed this suit against the defendants under the provisions of section 13 of the act which provides inter alia that where a workman ..... section 12 (i) of the act provides that where a principal in the course of or for the purposes of his trade or business contracts with a contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to the workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1615
..... . applying them to the present cases it seems to me that you are entitled to read the heading of order xxxiv into the various rules of that order having regard to the history of the order for the purpose of fixing the meaning of words which may have more than one meaning and for the purpose of keeping the effect of the act within its real scope ..... . 37 it is stated:-the preamble of a statute has been said to be a good means of finding out its meaning, and, as it were, a key to the understanding of it; and, as it usually states, or professes to state, the general object and intention of the legislature in passing the enactment, it may legitimately be consulted to solve any ambiguity, or to fix the meaning of words which may have more than one, or to keep the effect of the act within its real scope, whenever the enacting part is in any of these respects open to doubt.15 ..... . so that, order xxxiv was substituted for sections in the transfer of property act which dealt only with mortgages of immoveable property, and i think a presumption arises that in taking these provisions out of an act relating to property and incorporating them in an act relating to procedure the legislature did not intend to extend the scope of the provisions, although, no doubt, that presumption would be rebutted if the legislature had used language to show that it did intend to extend the scope of the provisions .....
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