Court : Mumbai
Reported in : AIR1933Bom26; (1932)34BOMLR1469
..... is an inanimate object, not exactly the idol, but the saint in whose honour the tomb was erected, and obviously such an owner must be represented by some human agency, in this case consisting of the family of the plaintiffs who may be regarded as the vahivatdars or shebaits, and the income of the lands, which is merely their assessment, is devoted to the upkeep of the tomb, the sanad granted by the british government is in the name of the swamy's vahivatdar, and so long as the property continues in the possession of the members of the family of the vahivatdar, the grantee, there can be no question ..... that a cash allowance granted by the peshwas to be levied from certain immoveable property for the support of a hindu temple was immoveable property or an interest in immoveable property within the meaning of section 1 (12) of the limitation act, xiv of 1859, the language of that section corresponds to that of article 144 of the present limitation act, which provides limitation of twelve years for suits brought ' for possession of immoveable property or any interest therein not hereby otherwise specially provided for. ..... that is the principal point which has been argued in the case, the remaining points being of minor importance, the learned advocate for the appellant in the course of his learned argument has referred to several calcutta and madras cases :gnanasambanda pandara sannadhi v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom498; (1932)34BOMLR862
..... but when the legislature recently amended the transfer of property act it followed the rulings of this and the calcutta high courts on this point in preference to the rulings of the madras high court to the contrary. ..... this part of the pleading was taken in the lower court to justify the plea which was there taken and is persisted in before us that the transaction was also void under the provisions of section 53 of the transfer of property act, the view which the learned judge took was that the plaintiffs were really in the position of defendants so far as that part of their ease was concerned, the presumption under the hindu law being that members of a hindu family are joint unless the contrary is proved. ..... the disputes were between the father on the one hand and the ladies of his family acting in the interest of his minor son on the other, and under the circumstances the disputes can have reference only to the manner in which the father should be stopped from any more dissipating the family properties. ..... the first is that there is no transfer registered under the indian registration act; but the answer to that is that under section 17, sub-sectiones (2)(vi) of the act, as it stood in 1928, there is an exception in the case both of decrees and awards, and inasmuch as the only transfer here which could have been registered was either the award or the decree, it seems to me that in terms the act does not apply. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom37; (1932)34BOMLR1457
..... ever since 1839 and was likely to continue to be paid because the defendants had expended so large a sum of money on the land that they were never likely to determine their tenancy, then it seems to me that the arbitrator was justified in coming to the conclusion that, having regard to the stats of things existing at the time of the notice to treat, there was a reasonable prospect of the plaintiff continuing to receive the same rent, and that the rent was in the circumstances an index of the value of the landbe the plaintiff. ..... 436:-.though the service of the notice to treat makes the secretary of state the equitable owner of the lands, the interest he takes is subject to the lease, and the assessment of compensation is not to be made as of a date subsequent to the service of the notice to treat, but the circumstances are to be considered as they existed at the date of the notice, that is immediately before its service ..... nomenbhai has been examined and he has admitted that this sale was speculation, and, speaking for myself, i have no doubt that this land was bought at this price under the expectation that it would shortly be acquired under the land acquisition act and that substantial compensation would be paid for it. ..... 24 an acre which was paid by the military authorities from the year 1922 until possession was formally taken under the land acquisition act. mr. ..... these two appeals arise from the decision of the district judge of nasik in two references under the landacquisition act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom433; (1933)35BOMLR941; 147Ind.Cas.587
..... under the indian arbitration act, section 15, it is provided that an award, on a submission on being filed in the court according to the foregoing provisions, shall be enforceable as if it were a decree of the court; and the 'court ' is defined in section 4 of the act in such a way that for the purpose of these particular proceedings the court is the high court. ..... really to choose between two things, either we must say that section 15 of the indian arbitration act is of no effect because there are no provisions by which an award can be enforced as if it were a decree, or we must read the relevant provisions of order xxi as covering an award, by treating 'decree' as including an award which has become enforceable as a decree, and by treating 'the court which passed the decree' as referring to the court whose decree the award is to be treated as being for the purpose of execution, that is in this particular case ..... that being the case, and reading the relevant provisions of the act and the provisions of order xxi, i think it must be held that in such a case the party applying to enforce an award is 'the holder of a decree,' and the high court in this particular case is the 'court which passed the decree. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom468; (1932)34BOMLR917
..... the articles in question do not offend against these provisions, but under an ordinance promulgated by the government of india on january 4, 1932, under section 72 of the government of india act, as amended by a later ordinance published on february 6, 1932, a sub-clause (d), which is material for the purposes of this case, has been added to section 4 of the indian press act containing these terms:-or which tend directly or indirectly to bring into hatred or contempt his majesty or the government established by law in british india or the administration of justice in british india... ..... the words of the indian press act go beyond section 124a of the indian penal code and cover the tendency of an article, and not merely the creation of hatred or contempt or an attempt to create such feelings with which the code deals, it seems to us that the assertion in these articles that government is deliberately abusing the powers vested in it must tend to cause hatred or contempt against government in the minds of those who read the articles.7. ..... taleyarkhan that the actions under the ordinances of the special courts cannot be regarded as administration of justice within the meaning of the amended press act, we think that the argument is unsound. ..... this is an application under section 23 of the indian press act, 1931, asking us to set aside two orders passed by the government of bombay on march 11, 1932, made under section 3, sub-section (3) and section 7, sub-section (3) of that act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom446
..... the receipt was not of course a negotiable instrument, but h took the receipt to the bank with a letter from w, and the bank acted on the receipt and paid the money to h: but the court expressed the opinion that if the bank had acted on the receipt only by accepting ii as the person entitled to the money on deposit, nevertheless that would not have been a transfer of property within section 130, t.p ..... at the trial those charges of fraud and collusion were withdrawn, and an amendment was allowed on certain terms as to costs by which the plaintiffs claimed that the transaction by which the appellant (the defendant in the suit) claimed the 212 bales was void under the transfer of property act, and the question of law which we have to determine is whether that claim is correct or not ..... the learned judge held that the transfer of the bales from munda to the plaintiff was a transfer of an actionable claim which under the transfer of property act must be in writing, and he further held that there was nothing in writing to satisfy the requirements of the statute.5. mr ..... engineer's answer to that is that if this transaction be properly looked at, the transfer of property act has no application at all; the transaction did not involve a transfer but was an instance of what is known as ..... section 172, contract act, the property in those bales was in munda subject to this: that under the common law messrs. ..... dealing further with his contentions, i should refer to the material words of the act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom596; (1932)34BOMLR1281; 140Ind.Cas.553
..... in this view, it is not necessary for me to express any opinion on the question whether the meeting in question was properly convened or whether the resolution actually passed can be said to be a resolution 'declaring a person to be a tout' within the meaning of the explanation to section 36(1) of the act, though i am not prepared to deny that there is considerable force in mr. ..... it runs as follows:-the passing of a resolution, declaring any person to be or not to be a tout, by a majority of the members present at a meeting, specially convened for the purpose, of an association of persons entitled to practise as legal practitioners in any court or revenue-office, shall be evidence of the general repute of such person for the purposes of thissub-section.it is clear from sub-section (1) that the jurisdiction to declare a person to be a tout depends upon evidence of general repute or other evidence showing that he is habitually acting as a tout. ..... on april 25, 1929, a meeting was held, and the following resolution was passed;-it be brought to the notice of the district judge that magan natha is acting as a clerk of more than one pleader and is otherwise reputed to be a tout and a person undesirable to be allowed to enter the precincts of the courts at broach. ..... it is only when these conditions are fulfilled that the district judge is entitled to admit the resolution as evidence of the general repute of the person concerned and to act upon it under the section.9. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1021
..... articles of association, read with minutes of proceedings of meeting of directors, dated february 1, 1921 (of which copies are annexed marked ' e ' and 'e1 'j the managing director of the company had power to purchase properties for and on behalf of the company the vendor has put in her proof of claim (copy annexed and marked ' f ') in which she offers to take over the property at rs 4,809 per aero she has subsequently put in a valuation certificate by vtr, joakim, managing director of balthazar & son, limited ..... against this decision the liquidator appealed to his majesty in council and before their lordships' board raised the contention that the agreement of july 27, 1921, required registration under the indian registration act, that it had not been registered, and that as it had not been registered it could not be used for any purpose whatever and ought to be ignored by the court with the result that any claim for damages based by the respondent upon breach of that agreement must ..... there is much in his conduct which, though not necessarily inconsistent with the other view, points strongly in the direction of his having acted as the company's agent throughout. ..... moolla was acting as the agent of the company, except for some stray references in mr. n n ..... section 49 of the indian registration act, which states the results of non-registration is, so far as material, as follows:-49 ..... the company was formed under the indian companies act, 1913, on january 21, 1921, as a private company.11 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom513; (1932)34BOMLR1015
..... 535 distinguished, because in that case the right was exercised as a right of a dominant over a servient tenement, even though the owner of the dominant tenement was in error as to the exact origin of the right he possessed and exercised, and it was held that though the english cases were of course decisions either under english prescription act or the common law, their lordships were satisfied that their principles apply to section 15 of the indian easements act, and konda v. ..... mangaldas govardhandas, and by the madras high court in subba rao v. ..... lakshmana rao, that a person cannot acquire an easement unless he acts with the knowledge that it is a case of a dominant and a servient tenement and that he is exercising a right over property which does not belong to him, and in the present case, where the defendant has consistently claimed ownership in the land over which the so-called easement is now claimed, he cannot, in the face of these cases, claim to have acquired an easement. ..... 855, in which it is stated that a joint tenant or tenant in common of land can maintain trespass against his co-tenant if the co-tenant expels him from the land or destroys the subject of the co-tenancy without the co-tenant's consent, but not otherwise, and it is not trespass for one co-tenant to use the common property in the natural and necessary course of use or enjoyment, as, for instance, by working a coal-mine or cutting the grass of a field and making it into hay. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom619; (1932)34BOMLR1429; 113Ind.Cas.313
..... 499 and he says this ; 'the question is simply whether the defendant has or has not a right to set off his judgment against that of the plaintiff, the reason alleged in the replication that he cannot is, that the attorney for the plaintiff has a lien for his costs on the order or judgment obtained by the plaintiff, and the plaintiff is suing as trustee for ..... 4 (sic) applied to the learned judge for an order allowing them (sic) off the amount of the costs which they had been ordered (sic) to the plaintiff against the amount payable to them by the (sic), and that the judge declined to make the order asked for in view of the fact that the applicants had obtained a charging ..... sic) court, execution should be stayed until the final hearing and (sic) of the suit, and the costs of the summons and order made (sic) were reserved with liberty to the parties to argue the (sic) before the learned judge disposing of the suit finall (sic) the said sum of rs. ..... view, however, of the authorities to which he then referred, the learned judge said that he found it difficult to act upon his own view of the matter, and in the end, following edwards ..... then, when the judicature act of 1873 came into force, order 65, rule 14, enacted thus:-a set-off for damages or costs between parties may be allowed notwithstanding the solicitor's lien for costs in the particular cause or matter in which the set-off is ..... 926) :-the late master of the bolls had to consider the (sic) after thejudicature acts came into operation, .....
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