Mumbai Court September 1933 Judgments
Emperor Vs. Nanubhai Maneklal
Court: Mumbai
Decided on: Sep-26-1933
Reported in: AIR1934Bom43; (1933)35BOMLR1167; 147Ind.Cas.1154
Broomfield, J.1. These are appeals by Government against the acquittal by the Sessions Judge of Ahmedabad of the occupier and the manager of the Vivekanand Mills, Ahmedabad, who were convicted by the City Magistrate of offences under Section 41(a) of the Indian Factories Act.2. According to the standing orders posted in the mill and notified to the Factory Inspector under Section 36 of the Act the working hours for the night shift in the month of May 1932 were 6-30 p.m. to 5-30 a.m. with one hour's recess from 11-30 p.m. to 12-30 a.m. The Factory Inspector, who is said to have received complaints that the mill had been working overtime, paid a surprise visit at 5-45 a.m. on May 4 and found the mill still working. Holding that an offence had been committed, he took down the names of some of the mill-hands who were working and made complaints, which have led to the present appeals.3. The defence was that owing to the breakage of a rope the working of the mill was stopped for fifteen minu...
Tag this Judgment!Mathuradas Maganlal Vs. Maganlal Parbhudas
Court: Mumbai
Decided on: Sep-21-1933
Reported in: AIR1934Bom79; (1934)36BOMLR47; 150Ind.Cas.478
John Beaumont, Kt., C.J.1. This is an appeal from a decision of Mr. Justice Kania. The plaintiff sues the defendant upon Clause 9 of a certain award. His case, according to the plaint, is tha the and the defendant and certain other relatives of theirs were partners in a firm carried on in the name of the defendant, that is to say, as Maganlal Parbhudas, and that partnership was dissolved in 1929, when disputes arose between the parties which were referred by a written agreement to the arbitration of two gentlemen. It is further alleged in the plaint that the plaintiff, in consideration of his subscribing and procuring subscriptions for shares in the Sidhpur Mills Co. Ltd., was to be entitled, under an agreement between himself and the defendant, to a share of a commission payable to the defendant by that company, of which the defendant and another were agents, and then it is alleged that by a verbal agreement between the plaintiff and the defendant arrived at in the course of the arbit...
Tag this Judgment!The Indian Co-operative Navigation and Trading Co. Limited Vs. Padamse ...
Court: Mumbai
Decided on: Sep-19-1933
Reported in: AIR1934Bom97; (1934)36BOMLR32; 150Ind.Cas.645
John Beaumont, Kt., C.J.1. This is an appeal against a decision of Mr. Justice Mirza. In the suit under appeal the plaintiffs who are a limited liability company sued the defendant for the sum of Rs. 4,500, being moneys alleged to be due from him in respect of calls payable on shares held by him in the plaintiff company. Their case is that the defendant applied for 600 shares of Rs. 10 each and paid a sum of Rs. 1,500, that is, Rs. 2-8-0 per share, with his application. The application which is Exh. A is not dated but the plaintiffs case is that the application was made on August 23, 1919. The defendant's case is that it was made at a later date. Under Article 38 of the company's articles of association moneys payable on allotment amounting to Rs. 2-8-0 per share are payable thirty days after application, and the balance of Rs. 5 per share is payable within thirty days from, the date of the second payment. The plaintiffs further say that on August 3, 1920, that is, nearly a year after ...
Tag this Judgment!Chidambargauda Ramchandragauda Desai Vs. Channappa Mahalingappa
Court: Mumbai
Decided on: Sep-18-1933
Reported in: AIR1934Bom329; (1934)36BOMLR694
Baker, J.1. Although the record of this group of appeals is voluminous, there are only three points for decision. There is no dispute as regards the main facts, which are briefly as follows. The plaintiffs in the main suit, No. 437 of 1923, from which F. A. Nos. 307 and 479 of 1928 arise, are auction-purchasers of the interests of the first two branches of the Bahadur Desai family of Agadi in the Karasgi taluka of the Dharwar district represented by defendants Nos. 1 to 12. Defendants Nos. 13 to 15 are the representatives of the mortgagees under Exh. 200 of 1870. They say that the mortgage was finally paid off in 1918-19. They are merely pro forma defendants. The remaining defendants are other auction-purchasers. The contending defendants are Nos. 1 to 3 representing the first branch of the Desai family.2. In 1791 A.D. the Peshva granted the village of Agadi to Lingangauda, ancestor of defendants Nos. 1 to 12, in consideration of his having been deprived of his watan by Tippoo, who ove...
Tag this Judgment!Chidambargauda Ramchandragauda Desai and ors. Vs. Channappa Mahalingap ...
Court: Mumbai
Decided on: Sep-18-1933
Reported in: 153Ind.Cas.637
Baker, J.1. Although the record of this group of appeals is voluminous, there are only three points for decision. There is no dispute as regards the main facts, which are briefly as follows. The plaintiffs in the main suit No. 437 of 1923, from which F.A. Nos. 307 and 479 of 1928 arise, and auction-purchasers of the interests of the first two branches of the Bahadur Desai family of Agadi in the Karasgi taluka of the Dharwar District represented by defendants Nos. 1 to 12. Defendants Nos. 13 to 15 are the representatives of the mortgagees under Ex. 200 of 1870. They say that the mortgage was finally paid off in 1918-19. They are merely pro forma defendants. The remaining defendants are other auction-purchasers. The contending defendants are Nos. 1 to 3 representing the first branch of the Desai family.2. In 1791 A.D. the Peshva granted the village of Agadi to Lingangauda, ancestor of defendants Nos. 1 to 12, in consideration of his having been deprived of his watan by Tippoo, who overra...
Tag this Judgment!Tata Hydro Electric Agency Limited Vs. the Commissioner of Income-tax
Court: Mumbai
Decided on: Sep-15-1933
Reported in: (1934)36BOMLR23
John Beaumont, Kt., C.J.1. This is a petition asking us to direct the learned Commissioner of Income-tax to state a case for the opinion of this Court-The petition is presented under the Specific Relief Act, 1877, and the Indian Income-tax Act, 1922. It is a case in which the learned Commissioner himself sent for the papers under Section 33 of the Act and set aside an order which had been made by the Assistant Commissioner in favour of the assessee, and the assessee desires to bring a question of law which arises before this Court. The contention of the Commissioner is that the Court has no jurisdiction to direct him to state a case. That question depends primarily on Section 66 of the Indian Income-tax Act, because, unless there is an obligation under that section on the Commissioner to state a case, it is clear that we cannot compel him to state a case under Section 45 of the Specific Relief Act. Sub-section (1) of Section 66 (so far as material) provides that if in the course of any...
Tag this Judgment!Tata Hydro-electric Agency Ltd. Vs. Commissioner of Income-tax, Bombay ...
Court: Mumbai
Decided on: Sep-15-1933
Reported in: AIR1934Bom62; 150Ind.Cas.52; [1934]2ITR103(Bom)
BEAUMONT, C.J. - This is a petition asking us to direct the learned Commissioner of Income-tax to state a case for the opinion of this Court. The petition is presented under the Specific Relief Act, 1877, and the Income-tax Act, 1922. It is a case in which the learned Commissioner himself sent for the papers under Section 33 of the Act and set aside an order which had been made by the Assistant Commissioner in favour of the assessee, and assessee desires to bring a question of law which arises before this Court. The contention of the Commissioner is that the Court has no jurisdiction to direct him to state a case. The question depends primarily on Section 66, Income-tax Act, because unless there is an obligation under that section on the Commissioner to state a case, it is clear that we cannot compel him to state a case under Section 45, Specific Relief Act. Sub-section (1) of Section 66 (so far as material) provides that if in the course of any assessment under the Act or any proceedi...
Tag this Judgment!Shree Meenakshi Mills Ltd. Vs. Langley and Co.
Court: Mumbai
Decided on: Sep-13-1933
Reported in: AIR1934Bom107; (1934)36BOMLR28; 150Ind.Cas.49
John Beaumont, Kt., C.J.1. This is an appeal from a decision of Mr. Justice Kania dismissing a petition to set aside an award. The petition was based on there being an error of law on the face of the award, and on misconduct by the arbitrators in not having heard evidence as to damages.2. So far as the first point is concerned, we have got to be satisfied that there is on the face of the award an error of law. Now the award states that:The dispute was regarding fifty bales of the variety of Cambodia cotton, being a part of a contract dated April 30, 1930, which was carried over till about May 16, 1931, by mutual consent. Plaintiffs wanted to have a specific performance of the contract for these fifty bales on the ground that the contract was in existence and the cancellation was not in order. All the contracts, telegrams, correspondence, etc., between the two branches of Messrs. Langley and Co. of Bombay and Coimbatore and the defendants' offices at Madura were put in and carefully gon...
Tag this Judgment!Dayavati Ramchandra Vs. Kesarbai Kasibai
Court: Mumbai
Decided on: Sep-13-1933
Reported in: AIR1934Bom66; (1934)36BOMLR61; 150Ind.Cas.488
John Beaumont, Kt., C.J.1. This is an appeal against the decision of Mr. Justice Kania in a suit by the plaintiff for maintenance, the defendant being the widowed heir of a man named Ramchandra in whose keeping the plaintiff alleges that she was down to the date of his death. In the plaint, as originally drawn, the plaintiff alleged that she had been for twelve years in the exclusive keeping of the deceased as a permanent concubine, and that the arrangement had continued down to his death, and on that basis she claimed maintenance. When the matter first came before the learned trial Judge he accepted the view of the defendant that the plaint as drawn disclosed no cause of action, and he therefore allowed an amendment in these terms: 'The deceased treated the plaintiff as he would a wife and the plaintiff was an avaruddha stree of the deceased.' The written statement denies that the plaintiff was the avaruddha stree of the deceased, and it also alleges that the plaintiff was not chaste,...
Tag this Judgment!Emperor Vs. Sher Alam Khan Sahib
Court: Mumbai
Decided on: Sep-11-1933
Reported in: AIR1933Bom494; (1933)35BOMLR1062; 147Ind.Cas.879
Divatia, J.1. This is a reference made by the Additional Sessions Judge at Ahmedabad recommending that the committal of the accused to the Sessions Court on a charge for an offence under Section 477 of the Indian Penal Code should be quashed.2. The accused was charged before the Honorary First Class Magistrate at Ahmedabad under Section 477, Indian Penal Code, for having destroyed documents which were alleged to be valuable security, and the learned Magistrate being of opinion that there was a prima facie case against the accused with regard to the offence charged against him, passed an order committing the accused to the Court of Session for trial under Section 477, Indian Penal Code.3. The offence alleged to have been committed by the accused consists in his destroying an order of the Court by which the Nazir of the Court was asked to take a document of suretyship from the accused for his being released on bail and the necessary certificate for the solvency of the surety was to be ta...
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