Court : Mumbai
Reported in : (1932)34BOMLR885
..... as their lordships read the act, the duty of the collector under section 11 of the act is to make an award in regard to three matters, viz, (1) the area of the land included in the award; (2) the total compensation to be allowed for that land, and (3) the apportionment of that compensation among all the persons interested in that land ..... both the appellant and dau dayal were dissatisfied with the award and applied for a reference to the district judge under section 18 of the act, in the case of the appellant the district judge affirmed the award of the officer as to the buildings and allowed ..... lordships do not by this mean that the whole of the land at any one time to be acquired under the act must necessarily be dealt with in one award; but only that any one piece of land (forming part of the whole) in which more than one person has an interest for which he can claim compensation, ought not be made the subject of more than one award. ..... as to the sixteen claimants other than the appellant and dau dayal, an agreement was come to as to the amount of compensation payable to each for his interest; but for the purpose of acquiring a title under the act the officer seems to have drawn up a formal award (dated december 81, 1923) relating to the compensation payable to those sixteen ..... on july 9, 1923, the land acquisition officer of agra (called hereafter the officer) issued a general notice under the act for the acquisition of a block of land in the city for the purposes of a new police .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom584; (1932)34BOMLR1273; 140Ind.Cas.381
..... reviaional application was entertained and the order of the subordinate court was set aside on the ground that the court had gone beyond the provisions of order xxxiii in that the court had gone into the merits of the case not merely on the application and the evidence of the applicant but the evidence of other witnesses also, and the learned judges laid down that the evidence to be taken under rule 7 must be confined to the evidence which may be adduced by the applicant in proof of his pauperism ..... bewildered by the conflict of judicial decisions as to what is the meaning of the expression 'case which has been decided' in section 115 of the civil procedure code, and what is the meaning of clause (c) in that section when it is said that the court has acted in the exercise of its jurisdiction ' illegally or with material irregularity,' and one can only express a pious hope that the legislature may step in and say precisely what it means and fix the limits of the revisional jurisdiction of the high courts ..... bal~ makund marwari no particular proposition was laid down in that case, but on the facts before them the judicial committee held that the case was one of exercise of jurisdiction not vested in the court, and their lordships observed that the subordinate judge had not the jurisdiction to make the order which he made; the order was not merely wrong in law but it was an order which he had ..... in madras, the view that i have been taking has been consistently taken by that court, see .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom625; (1932)34BOMLR1223; 140Ind.Cas.884
..... if the real test is the complete surrender by the widow of the right to hold the property, the loss of the right acting as a deterrent against a too frequent use by widows' of the power of surrender so as to favour the next reveirsioner to the detriment of the more remote who still have a chance of being the nearest when the reversion falls in, it seems tome that if the widow is able to secure her maintenance, the forces operation on her mind to prevent her exercising her power of surrender have been rendered extremely small.with respect, i agree with the learned ..... is no doubt one of difficulty, but upon the whole their lord-ships have come to the conclusion that the execution of the two ekrarnamas, followed by the acceptance for thirty years of maintenance under the terms of those documents, amounted to a complete relinquishment by anandi koer of her estate in favour of mahabir....the importance of the case for the present purpose is that their lordships appear to have thought that the reservation of a right to maintenance out of part of the property does not prevent the surrender being a total surrender.5. ..... we were referred also to a decision of a full bench of the madras high court in angamuthu chetti v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom522; (1932)34BOMLR1005
..... in my opinion, therefore, it is open to a hindu father or grandfather to pass a promissory note for a time barred debt, and such a note constitutes a binding contract under section 25(3) of the indian contract act, which can be enforced against him, and after his death against his sons or grandsons. ..... it is not disputed that the family was joint and undivided, and having regard to the fact that the appellants were the defendants in the case in which the decree was passed, it is clear that the decree was against them as legal representatives of dalichand, and limited to the joint family estate in their hands.3. mr. ..... it may at once be conceded that the proper decree to pass in this case would have been a decree against the defendants for the sum claimed to the extent of the assets of the deceased or the joint family estate coming into the hands of the defendants. ..... this rule in the case of hindu sons and grandsons is extended bysection 53 to include the joint family property, which under, the hindu law would be liable for the satisfaction of debts of their father or grandfather respectively; and it is clear that this section is intended to settle a question of procedure with regard to ancestral property which under the hindu law can never be considered to be the property of the deceased father or grandfather of the hindu family. mr. ..... but the question has come up for consideration in the allahabad and madras high courts, and the latest case in the allahabad high court is gajadhar v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom638; (1932)34BOMLR1416
..... the order of october 16, 1931, was a consent order made on hearing the attorneys for the plaintiffs, the attorneys for the defendants, and the attorneys for the respondent, who had acted as a receiver in the suit. ..... the notice of motion, which was dated december 11, 1931, was served personally on the respondent on january 22, 1932, and was filed on january 28, 1932.5. ..... justice farran that he should be released, the learned judge took the view that the right of the plaintiff to demand the promissory notes was merged in the money decree, and that the right to demand the notes was gone, and that the order that he should deliver them up to the receiver had ceased to be operative. ..... to him to enforce the undertaking given by the plaintiffs in the consent order to pay if the respondent makes a default without taking contempt proceedings against the respondent, an answer to this appears to me to be that it would have been open to the present defendants, if they had been so minded, to enforce the order by execution, i do not, however, say that they might not also have proceeded by way of contempt proceedings, if they had taken the necessary and proper steps as regards service of the order the breach of which was .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom460; (1932)34BOMLR996
..... appointment as a guardian by the court were beneficial to the estate of the ..... desai says, that the trial court found that the first promissory note was passed for the benefit of the minor, but the lower appellate court seems to have come to a different conclusion, and as far as i can see, except the fact that the house in connection with which it is said the moneys were borrowed on the first promissory note is now occupied by the minor, it is difficult to hold that the dealings of kondubai and her general administration of the estate of which she was a trustee prior to her ..... 393 and a decision of the madras high court in raman chettiar v. ..... but the question before me is not whether the guardians acted prudently or not or executed this promissory note in the course of a faithful performance of their duty, but the question is whether they can bind the minor personally by a contract which they made in their own name and on the face of it for themselves. ..... the provisions of the guardians and wards act are clear. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR971
..... intended to do and with the legal effect that they secretly wanted to bring ..... 226 which has been considered by the lower court, in which it was held that an executant of an instrument cannot be permitted to set up or prove that the instrument, which according to its tenor vested the property in the grantee at once, was in reality intended to vest it only at a future time or after the death of the executant; and section 92, proviso (1), of the indian evidence act has no application to a case where the instrument represents what the parties intended to put down in writing, though it might not be in accordance with what they ..... it was held that though section 92 of the indian evidence act precludes oral evidence of intention for the purpose of construing deeds or proving the intention of the parties, it merely prescribes a rule of evidence, and does not fetter the court's power to arrive at the true meaning and effect of a document in the light of all the circumstances surrounding the transaction. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom456; (1932)34BOMLR944
..... , every office held hereditarily for the performance of duties connected with the administration or collection of the public revenue, or with the village police, or with the settlement of boundaries, or other matters of civil administration, that a mulla is not a hereditary officer within the meaning of the watan act, and therefore the present suit does not relate to any property appertaining to the office of any hereditary officer appointed or recognised under bombay act iii of 1874 or any other law for the time being in force, under para. ..... and subjected to summary settlement under act xi of 1852 and bombay act ii of 1863 and alienated to strangers, the only course which can be followed in such cases is to recover full assessment from the strangers to whom the lands have been alienated, and to credit therefrom the judge due to government and to pay the balance to the officiating muilm tha prant officer's order upheld by the collector is set said and the collector is directed to restore the lands back to the alienees and to recover from them full .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom574; (1932)34BOMLR1150
..... moreover, though it may be true that a privy to each house is not necessary everywhere, for some houses in villages and towns do not have independent privies, in the present state of sanitary facilities, and in towns such as nadiad, it seems to me that we cannot say that it is not necessary to have a privy in each ..... a partition between the predecessors-in-title of the plaintiffs and the defendant by a reference to arbitration which resulted in an award, under the award the right of way was reserved to the defendant, and a pit-privy situate near the premises belonging to the plaintiffs' predecessor-in-title was allotted to the share of mahalaxmi, the vendor of the plaintiffs. ..... that the allottees of inclosures were entitled to use a way set out in pursuance of an award under an inclosure act not only for agricultural purposes for, which the inclosures were being used at the time of the award, but for all purposes to which the laud might ..... the question as to whether the defendants had a right to alter the mode of the use and enjoyment of the easement under section 23 of the indian easements act.14 ..... the statute law on the point is contained in sections 13(e) and 21 of the indian easements act, and we have been referred to a number of rulings illustrating the ..... the respondent that even if there is no general right of way, he is entitled to the right to which he lays claim as an easement of necessity under section 13, clause (e), of the indian easements act ..... 21 of the indian easements act.10. .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR568; 152Ind.Cas.947
..... contract if those who professed to act respectively on behalf of the parties were vested in law with the power to bind their respective principals by the acts they purported to do on behalf of their respective ..... corporation governed by the city of bombay municipal act in respect of their contracts, and the defendant being a corporation solely governed by the government of india act in respect of his contracts, it would seem that an agreement was arrived at between the president of the bombay municipal corporation professing to act on plaintiffs' behalf and the secretary to the government of bombay in the educational department professing to act on behalf of the bombay government, who in their turn seemed to be acting on behalf of the secretary of state for india in council, which would have the effect of binding the parties as a concluded ..... 360 on a similar point having come up for decision before the madras high court, that court has followed radha krishna das v. .....
Tag this Judgment!