Court : Rajasthan
Reported in : 1975(8)WLN792
..... akula bangaramma 1974 prev f adult cases 485, santa singh v. ..... food adult cases 9 hon'ble vaidialingam j. ..... adult cases 218 the learned single judge of that court taking into consideration the age of the accused to be 70 years and the fact that the accused bad been on bail for the last one year, ..... adult cases 485 the learned single judge of the andhra pradesh high court while convicting the accused under section 16(1) read with section 7 of the act took into consideration the fact, that the accused ..... adult cases 552. ..... adult cases 169 the single judge of the allahabad high court white dismissing the revision petition on merit set aside the sentence of imprisonment of six months imposed on the applicant an reduced the sentence to a fine of rs. ..... f adult cases 218, and municipal council, jaipur v. ..... adult cases 169, the public prosecutor v. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad111
..... another important principle to which expression has been given in the decision aforesaid in 1948-2 mad lj 331,: (air 1949 mad 173), is that when once there is proof that a coparcener (whether an adult or a minor through his guardian) has communicated his intention to divide unambiguously to other coparceners and severance of status has resulted thereupon, it is not open to him to withdraw the intention and nullify ..... authority in india that a suit for partition on behalf of a minor coparcener is maintainable in the same manner as the one filed by an adult coparcener, with this difference, that when the plaintiff is a minor, the court has to be satisfied that the action has been instituted for his ..... the foregoing paragraphs shows that it is not necessary to merge the communication of an intention to divide on the part of a coparcener, whether adult or a minor, to the other coparceners, in the filing of a suit for partition, though they may take place at the same time ..... 1918 mad 379), held that the institution of a suit by the next friend of a minor, has not the same effect as the institution of a similar suit by an adult member of the family, and that separation only takes place when the suit is decreed. ..... the filing of a suit for partition on the one hand and the severance in status, brought about in that process, by the unequivocal expression and communication of an intention to divide, whether by an adult coparcener or by the next friend of a minor on the other, are distinct concepts. .....
Tag this Judgment!Court : Chennai
Reported in : [1999]240ITR599(Mad)
..... , 'partner' according to the partnership deed meant only major partners, according to the tribunal, when clause 12 provides that the loss should be shared by the partners, the loss of the assessee-firm should be borne by the adult partners and the minor who was admitted to the benefits of the partnership was not liable to share the loss. ..... a fair reading of the document above mentioned clearly indicates that the losses should be shared only by the adult partners and the minor who was admitted to the benefits of the partnership was not made to bear the loss. ..... in the light of the above provisions of the deed, clause 12 has to be construed and if clause 12 is so construed in the light of the provisions of the deed, the losses as ascertained would be shared only between the three adult members and there is a clear specification of the shares of the losses by the three partners. ..... therefore, we are of the view that the sharing of the losses by the adult partners is made explicit and clear in the instrument of partnership. 11. ..... in sub-paragraph 3 of the partnership deed, it is clearly stated that the adult members would be the partners. ..... the instrument of partnership also clearly specifies the manner of division of losses among the three major and adult partners. .....
Tag this Judgment!Court : Mumbai
Reported in : [1967]65ITR244(Bom)
..... in fact, the entire discussion in the judgment was prefaced by the remark of the learned judge, 'in short, no distinction was made between the adult partners and the minor, and to all intents and purposes, the minor was a full partner, even though under the partnership law he could only be admitted to the benefits of the partnership and not as a partner ..... this one feature of that case which the supreme court was impressed with and upon which it decided that case, namely, that in that case the minor was admitted as a full partner with the adult partners; no distinction was made between the adult partners and the minor and to all intents and purposes the minor was a full partner. ..... could still be given to the provisions of clause 7, even though the minor's share is eliminated from the computation of the share of loss by dividing the loss between the adult partners only in the same proportion in which they share the net profits inter se. ..... 'in short', the learned judge said 'no distinction was made between the adult partners and the minor, and to all intents and purposes, the minor was a full partner, even though under the partnership law he could only be admitted to the benefits of the partnership and not as a partner.' ..... if the income-tax authorities register the partnership as between the adults only contrary to the terms of the document, in substance a new contract is made ..... a minor is admitted as a full partner with equal rights and obligation with adults, the deed is invalid'. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom511; (1945)47BOMLR470
..... personal law to which they are subject, because according to their personal law as well as by the universal custom of hindus, it was the duty of the other members of the family, whether they were adults or minors, to assist the karta in managing the estate and business belonging to the family and no one ought to be misled merely because a member of the family performed his duty to the family into ..... held that the guardian of a hindu minor was competent to carry on ancestral trade on behalf of the minor, that the minor was bound by all the acts of the manager (or its adult members acting as managers) which were necessarily incidental to or flowing out of the carrying on of that trade, and that the same principle would hold good when the sole member of the hindu ..... if then our courts have held that, in the interests of commerce, one member of a trading firm has power to bind the other members, whether they be minors or adults, by means of a negotiable instrument given in the name of the firm in favour of a bona fide holder for value, and if that rule has become a necessary incident of that trade, or part ..... acting as managers, enter into copartnership with a stranger.in carrying on such a trade, infant members of the undivided family will be bound by all acts of the manager, or the adult members acting as manager, which are necessarily incident to and flowing out of the carrying on of that trade, whether it be singly or with a copartner.the power of a manager to carry on a family .....
Tag this Judgment!Court : Mumbai
Reported in : 2004CriLJ3393; 2004(2)MhLj72
..... further held that the person at a given time witnessing obscenity must be actually annoyed and it was observed that in the absence of special law where cabaret shows are held on the floors of hotel in which adult people are attending on payment, prosecution cannot contend that such cabaret shows come within the purview of section 294 of the indian penal code having regard to the provision of sections 87 and 88 of the indian ..... our society has not yet approved such performances or conduct in public place like hotels, restaurants wherein adult persons can be permitted on purchase of tickets is against our moral standards and any performance of this kind would constitute an ..... is considered to be a public place, it cannot, therefore be said that the obscenity and annoyance which are punishable under section 294 of indian penal code are caused without the consent express or implied of the adult persons attending such cabaret dance on the floor of the hotel. ..... the learned single judge observed that, when an adult person pays and goes to attend such show he runs the risk of being annoyed by the obscenities or being entertained by the very obscenities ..... in the aforesaid judgments, it was held that when a adult person goes to such shows he runs the risk of being annoyed or being entertained by the very obscenities ..... he proceeds to observe that when an adult person pays and goes to attend such a shows he runs a risk of being annoyed by the obscenity or being entertained by the very obscenities .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)MhLj783
..... therefore, there is absolutely nothing wrong in the new proposal and the same is in general interest and in fact would further interest of the trustees and incorporate the principle of universal adult franchise of direct election of trustees and the anjuman committee has to be dispensed with and there is absolutely nothing mala fide in the same. ..... having regard to the aforesaid suggestion, it appears that since the entire community has accepted that it is high time that every adult is given an opportunity to select the trustee and the said power should not be vested only in a limited body as that of anjuman committee ..... in fact, for a proper election of trustees, ideal would be universal adult franchise, which has been accepted and proposed as an amendment in the said scheme ..... hence, we do not find anything wrong in providing such universal adult franchise for the purpose of direct election of trustees.10. ..... to ensure that every eligible parsee member above the age of 18 years, whose name is entered in the general register or donor register is entitled to take part in the aforesaid universal adult franchise to elect the trustees. ..... fifthly, the challenge with regard to the suggestion of the universal adult franchise. ..... petition no, 4 of 2000 had strongly suggested that there has to be universal adult franchise. ..... during this period, the petitioners allege that the parsee community has developed a very strong consensus that the trustees should be elected by a system of universal adult franchise. .....
Tag this Judgment!Court : Mumbai
Reported in : (1921)23BOMLR1135
..... and similarly if in the case of a creditor suing on a mortgage the manager may sufficiently represent the other adult members of the joint hindu family, it is difficult to see why a manager should not be permitted to sue alone if he sufficiently represents the rest of the family. ..... nathu bhagwan, the more fact that the other adult brothers say they have no objection to plaintiff recovering the amount due on the promissory note in this suit, does not afford valid ground for saying that the suit is not bad if it is really necessary that the other adult co-parceners should be joined in the suit. ..... therefore, i do not consider that the adult members of the plaintiff's family are necessary parties to the suit, and consequently i answer the first issue in the affirmative.14. mr. ..... after all it is not the case that hindu law in itself requires that all adult coparceners should be joined. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom169; (1939)41BOMLR195
..... it is now well settled that a clear expression of intention to become divided made by any adult coparcener and communicated to the other members of the family effects a severance of the joint status-see suraj narain v. ..... following that decision it has been held that the filing of a plaint by an adult hindu coparcener claiming partition is tantamount to an unambiguous and unequivocal expression of an intention on the part of the plaintiff to separate-see girja bai v. ..... sri mahadeoji birajman temple, and holds that the institution of a suit by a minor member through his next friend for partition of joint family property has not the same effect as the institution of a similar suit by an adult member of the family. ..... any adult member of the family may separate his share by expressing his intention to sever from the joint family even against the wishes of the minor or contrary to his interests. ..... 646 in that respect the case of a minor is distinguishable from that of an adult coparcener. ..... there the mere institution of a suit by a minor was held to effect a severance of the joint status as much as a suit by an adult. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom182; (1937)39BOMLR118
..... in particular, he has referred to the principle that the manager of a joint hindu family has power to alienate for value the joint family property, so as to bind the interests of both adult and minor coparceners in the property, provided that the alienation is made for a legal necessity, or for the benefit of the estate. ..... hari narain, and that, therefore, it cannot be said, in the case of a new business started by adult members of a joint family, that they can impose upon the minor members of the family the risk and liability arising out of that new business. ..... it cannot, therefore, in our opinion, be said that the necessity for paying the amount due to government was a legal necessity for the whole joint family, though the adult members of the family may have felt a moral obligation to pay the same.8. ..... at the same time, it does not appear unlikely that the adult members of the defendants' family treated the business as a family business. ..... similar remarks would appear to be applicable to the argument based on 'the benefit of the estate'which would entitle a manager of the joint hindu family to alienate the joint family property so as to bind the interests of both the adult and the minor coparceners. ..... it is to the effect that the manager of a joint hindu family cannot impose upon a minor member of the family the risk and liability of a new business started by himself and the other adult members. .....
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