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Queen-empress Vs. Gangaram Santram - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom135
AppellantQueen-empress
RespondentGangaram Santram
Excerpt:
.....of 1860), section 378--removal of property against wish of ostensible purchaser thereof--apparent title or colour of right, to property. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi high court for appointment of certain individual as arbitrator had become infructuous because of his demise held, high court of bombay, is not correct in rejecting arbitration petition filed by appellant on ground of lack of.....west, j.1. the prisoner gangaram may have been in a position to recover his tools from girju. but the latter held by an apparent title, or at least an assertion of title that was not plainly illusory. now the law is, that against even a colour of right a person aggrieved shall not take the law into his own hands: see cape v. scott l.r. 9 q.b. 269 quoted in virjivandas v. mahomed ah khdn. i.l.r. 5 bom. 215 the conviction on the view of the evidence taken by the magistrate is good. i would so inform the sessions judge.
Judgment:

West, J.

1. The prisoner Gangaram may have been in a position to recover his tools from Girju. But the latter held by an apparent title, or at least an assertion of title that was not plainly illusory. Now the law is, that against even a colour of right a person aggrieved shall not take the law into his own hands: see Cape v. Scott L.R. 9 Q.B. 269 quoted in Virjivandas v. Mahomed AH Khdn. I.L.R. 5 Bom. 215 The conviction on the view of the evidence taken by the Magistrate is good. I would so inform the Sessions Judge.


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