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Govind Balkrishna Joshi Vs. Pandurang Vinayak Joshi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case Number Civil Extraordinary Application No. 242 of 1911
Judge
Reported in(1912)14BOMLR323
AppellantGovind Balkrishna Joshi
RespondentPandurang Vinayak Joshi
Excerpt:
.....small cause courts' act (ix of 1887), sch. 11, article 35, clause (l) - injury to the person - assault.;a suit to recover damages from the defendant who ran after the plaintiff with a shoe in hand threatening to beat him and using abusive language, but did not actually touch his person, is a suit for ' injury to the person' within clause 1 of article 35 of second schedule of the provincial small cause courts' act, 1887, and is exempted from the cognizance of the court of small causes. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj].....basil scott, kt., c.j.1. the action complained of by the plaintiff would be an assault and an offence affecting human body under the penal code. it also would be an assault under the english law : see stephens v. myers (j). we think also that it was an injury to the person within the meaning of clause 35 sub-clause (i) of the second schedule of the provincial small cause courts' act, and the suit was, therefore, not within the cognizance of the small cause court.2. we set aside the decree of the first class subordinate judge and remand the case for trial to him.3. rule made absolute.4. costs costs in the cause.
Judgment:

Basil Scott, Kt., C.J.

1. The action complained of by the plaintiff would be an assault and an offence affecting human body under the Penal Code. It also would be an assault under the English law : see Stephens v. Myers (J). We think also that it was an injury to the person within the meaning of Clause 35 Sub-clause (I) of the Second Schedule of the Provincial Small Cause Courts' Act, and the suit was, therefore, not within the cognizance of the Small Cause Court.

2. We set aside the decree of the First Class Subordinate Judge and remand the case for trial to him.

3. Rule made absolute.

4. Costs costs in the cause.


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