Mumbai Court February 1931 Judgments
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Moulvi Zahir-ul-said Alvi Vs. Seth Lachhmi Narayan
Court: Mumbai
Decided on: Feb-05-1931
Reported in: (1931)33BOMLR925
George Lowndes, J.1. This appeal was heard in November last and their Lordships took time to consider the form in which their humble advice should be tendered to His Majesty.2. It appeared at the hearing that the final judgment delivered by the Judicial Commissioners, before whom the case came in appeal, was a judgment by consent of the parties, and their Lordships enquired of counsel appearing for the appellants how, in face of this fact, he could ask the Board to interfere. Counsel did not then contest the consent, but contended that a point which had been the subject of decision at an earlier stage of the case was still open to him.3. When the case was set down for judgment a fresh application was made to their Lordships in connection with this point, supported by an affidavit of the appellant which had been sent from India. In this it is alleged that there had in fact been no consent to the judgment above referred to, and that the statement to that effect by the Judicial Commission...
Ahronee Shemail Vs. Sheikh Ahmed Omer
Court: Mumbai
Decided on: Feb-05-1931
Reported in: (1931)33BOMLR1056
Patkar, J.1. This was a suit brought by the plaintiff to recover Rs 6,000 as principal and Rs. 2,925 as interest on a mortgage passed by defendant No, 1 as executor of one Sheikh Aboo Baker bin Saeed Ali who left two documents, one relating to Aden property dated May 12,1910, and the second relating to Hadramot property dated September 12, 1913. On January 19, 1920, defendant No, 1 obtained probate of the document relating to Aden property dated May 12, 1910, annexing a copy of the other document relating to Hadramot property, dated September 12, 1913. On February 17, 1920, defendant No, 1 as executor and constituted attorney of defendants Nos. 2 to 7 executed a mortgage of the property Grant No. 53 at Aden in favour of the plaintiff to secure an amount of Rs. 6,000.2. The plaintiff filed Suit No. 77 of 192 7 in March 1927 in the Court of the Senior Judge at Aden. A written statement was filed by defendant No. 1 on behalf of himself and defendants Nos. 5 and 6, and defendants Nos. 2, 3...
The Commissioner of Income-tax Vs. the National Mutual Life Associatio ...
Court: Mumbai
Decided on: Feb-04-1931
Reported in: (1931)33BOMLR807
Beaumont, C.J.1. This is a reference to this Court under Section 66(2) of the Indian Income-tax Act. The matter originally came before this Court consisting of Sir Amberson Marten C.J. and Mr. Justice Blackwell on December 13, 1929, and it was then referred back to the Commissioner to find further facts, and it was suggested by the Court that the questions raised should be amended by asking three questions which are specified in the judgment. The first two questions are really subsidiary, and the third one is, whether in law the existing assessment is valid and binding on the company. The Commissioner of Income-tax declined to raise that question taking the view that he had no power to do so. The case having been argued before us, it appears to us that that is the real question which arises, and we propose, therefore, to amend the questions raised by raising that question in addition to the two questions actually raised in the case. In doing so, we are following the view expressed by t...
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