The Christian Marriage Act…The Foreign Marriage Act…The Burma Divorce Act…The Native Converts’ Marriage Dissolution Act... These laws, which have various dates, are found in pages 1-116 of Vol. The Mussalman Wakf Validating Act…The Parsi Marriage and Divorce Act…The Church of Scotland Kirk Session Act ...Certain decrees and orders not to be called in question.- No decree passed or order made by the High Court of Judicature at Fort William in Bengal, the High Court of Judicature at Madras or the High Court of Judicature at Bombay, in the exercise of its ordinary original civil jurisdiction under clause 12 of its Letters Patent, or by the High Court of Judicature at Rangoon, in the exercise of its original civil jurisdiction under clause 10 of its Letters Patent, shall be called in question in any proceedings before any other Court on the ground that the High Court passing the decree or making the order had no jurisdiction to pass or make the decree or order. Restoration of proceedings.- Where in any proceedings concluded on or after the 26th day of August, 1935 , any such decree or order has been found to be invalid on such ground by any Court, such finding shall be void and of no effect; and the Court shall, notwithstanding anything to the contrary in the Indian Limitation Act, 1908 (9 of 1908 ), or any other law for the time being in force, on application made within six months from the commencement of this Act by any person prejudicially affected by such finding, restore the proceedings at and continue the proceedings from the state reached immediately before the order embodying or based on such finding was made.
n November 1913, Hatimbhai (defendant) deposited with F. Dinshaw (plaintiff) title deeds of his immoveable property at Poona with intent to create an equitable mortgage in the plaintiff's favour, to secure repayment of Rs. The defendant failed to pay the mortgage amount; and the plaintiff sued the defendant for recovery of the amount. J., Crump and Coyajee JJ.) in India Spinning & Weaving Co. The court had no jurisdiction to pass a final decree either. held that so long as the preliminary decree was not set aside, he was bound to pass the final mortgage decree, remarking that the trend of the decisions of the court was in favour of the view that the High Court had jurisdiction. 12 of the Letters Patent or under the Equity Jurisdiction of this Court when the mortgaged land is situate wholly outside the limits of the Ordinary Original Civil Jurisdiction of this Court, but the defendant dwells or carries on business or personally works for gain within the limits of such jurisdiction at the commencement of the suit?
By consent, a preliminary decree for sale was passed on 4-6-1925. (3) Whether such a suit can be maintained under cl.
dissenting), the questions were answered as under: (1) No. All that the mortgagee is absolutely entitled to is his money.
If he gets the money, he must restore the security; for, his interest in the security is always subject to redemption." He relied on the following passage from Halsbury: "Incident to every mortgage is the right of the debtor to redeem which continues notwithstanding the mortgagor fails to pay his debt in accordance with the proviso for redemption.
he second question was, what was the construction of the expression "suit for land ". observed that he preferred the view that the words "suit for land" referred to suits to obtain or recover land, examples being a suit for damages for trespass to land, the substantial question being the right to the land; or a suit for declaration of title to land and injunction, which is in substance an action for land although the plaintiff does not formally seek a writ of possession.
The strict view was it meant recovery or delivery of land, and the wider view was that it meant suits relating to or concerning land. Examples of suits not for land were also given: (1) a vendor's suit for specific performance of sale of land; (2) an administration suit, though it may relate to land, its primary object being to administer the estate of the deceased; (3) a breach of trust case, though the property in dispute which is claimed by the trustee as belonging to him, is outside the jurisdiction of the court.
This conclusion was based on the construction that the clause "or if the defendant. n the end, the Chief Justice suggested the advisability of the Letters Patent being amended in such a way as to put at rest the controversies on the true construction of clause 12.
It was not right that the people in Bombay should be left in doubt as to their ordinary legal remedies; nor should titles to lands be left to depend on the capricious construction of ill drawn enactments such as clause 12 of the Letters Patent by different judges.
The second Full Bench consisted of seven judges, and had the advantage of the law point being argued by two of the ablest and most erudite lawyers of the time. His judgment is certainly more elaborate, more comprehensive, and on the whole more satisfactory than the previous Full Bench judgment. In view of the conflict of authorities, they decided that the matter be referred to a larger Bench.