Court : Mumbai
Reported in : (1910)12BOMLR1029
..... magistrate of the district ' to issue orders for the maintenance of order at religious ceremonials and processions. section 13(1) enacts that the district superintendent and the police force of a district shall be under the command and control of the ' magistrate of the district.' thus, reading section 44 with the rest of the enactment, we are ..... the district magistrate has left his order exposed to this attack by neglecting the elementary precaution of following strictly the language of the statute under which he was acting, so that the question which he proposed to himself is not accurately the question which arises on the plain words of the section. but we think that ..... . mr. branson in contending for the affirmative has urged that the order is not such an order as could be made under section 44 of the police act, and that it therefore falls within the reach of our revisional powers. in support of the argument reference is made to the somewhat similar powers conferred on .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR934
..... whether art. 57 of the declaration of london which it was declared by the declaration of london order in council no. 2 of 1914 should be adopted and put in force, prescribed the law to be administered by a court of prize- or directed that the rights of the crown were to be mitigated in favour of a neutral or of ..... in a german partnership. their lordships said at p. 425:an acquired domicil may be abandoned, and if prior to the actual capture the owner has already done some unequivocal act indicating an abandonment of his acquired domicil in the country of the enemy, the goods will prima facie be treated as belonging to a neutral. it has been sometimes urged ..... the neutral partner has done anything actively after the commencement of hostilities to further or facilitate the delivery of the goods to the enemy house...if the neutral does no act after the war in regard to the goods, but merely allows them to proceed in the ordinary course. 1 find it difficult to hold that his share in the goods .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)25BOMLR920
..... court 'to make any order which is otherwise expressly excluded by any law for the time being in force.' the excluding law is suggested to be the already cited clause in section 106, sub-section 2, of the government of india act, which is in the following terms:the high courts have not and may not exercise any original jurisdiction ..... in any matter concerning the revenue, or concerning any act ordered or done in the collection thereof according to the usage and practice of the country or the law for the time being in force.14. in their lordships' view, the order of a high court to a revenue officer to do ..... to 'make an order, requiring any specific act to be done or forborn...by any person holding a public office whether of a permanent or a temporary nature, or by any corporation or by any court of judicature, 'provided that 'such doing or forbearing is under any law for the time being in force, clearly incumbent on such person or court .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom194; (1933)35BOMLR271
..... the courts, that :-in the administration of civil justice, the court of the resident shall be guided by the spirit and principles of the laws and regulations in force in the presidency of bombay, and administered in the courts of that presidency not established by royal charter, and in the high court in the exercise of its jurisdiction ..... to be taken at its face value it would make it unnecessary to extend any enactment in force in this presidency to aden, which is a scheduled district under the scheduled districts act and to which all the laws applicable to bombay presidency do not necessarily apply. the object of separating certain districts as scheduled ..... court would have the power and discretion not to apply the act strictly. but this is the only concession he would make with reference to the words 'the spirit and principles of the laws and regulations in force'.9. now, it seems to me that such a contention places too great a strain on that provision. if it is .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1946Bom510; (1946)48BOMLR365
..... inferior court of judicature.and then there follow a number of provisos, proviso (&) being as follows:that such doing or forbearing is, under any law for the time being in force, clearly incumbent on such person or court in his or its public character, or on such corporation in its corporate character.2. there is no doubt that the reserve bank ..... stability in british india and generally to operate the currency and credit system of the country to its advantage. by section 1 the act extends to the whole of british india and the section is to come into force at once. section 2 is a definition section, and section 3 is as follows:3. (i), a bank to be called the ..... reserve bank of india shall be constituted for the purposes of taking over the management of the currency from the central government and of carrying on the business of banking in accordance with the provisions of this act .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR752
..... the current official year on which the circumstances justifying the entry existed.' this clearly shows that the corrected assessment list is to be deemed to have come into force from the first day of the current official year if the building to be taxed was in existence before the beginning of that year. 'official year', according ..... chapter viii. thus a clear distinction is made between the imposition of taxes and the liability to rates on buildings or lands. sections 73 to 77a of the act provide for empowering a municipality to impose specific taxes. in exercise of that general power the municipality has got to declare its intention to levy particular taxes. when ..... 60/53 and 60/54 within the limits of the sholapur municipal borough. but when the municipality prepared the assessment list under section 78 of the bombay municipal boroughs act, 1925, for the year commencing from april 1, 1937, it omitted to levy a tax on the said two buildings through mistake. the mistake was discovered in .....
Tag this Judgment!Court : Mumbai
Reported in : 1951CriLJ1140
..... this is also challenged as amounting to discrimination:no. 1452-viii dated 9-12-1947: granting certain exemption to military messes & canteens belonging to the naval, military, & air forces. this is also challenged as being discriminatory:no. 1457-1861-viii dated 11-12-1947: notifying the rules regulating the import, export or transport of country spirit, in ..... in the bombay prohibition case, 'fram nusserwanji v. state' : air1951bom210 , (chagla c.j.) & in 'indian sugar mills ltd. v. secretary to govt. of u.p.' 1950 acj 767, the same opinion was expressed.44. while i do not pretend to lay down principles for all cases, i am quite clear that a petition for the examination ..... of years to take alcoholic drinks, generally country liquor, at an average of 4 ounces per day.3. since the enforcement of the central provinces & berar prohibition act, 1938 (act vii (7) of 1938), in the nagpur district by notification no. 652-800-viii, dated 5-8-1946 the petitioner had to stop consumption of country .....
Tag this Judgment!Court : Mumbai
Reported in : (1957)59BOMLR727
..... court. apparently, those proceedings were not resumed by the court after the dismissal of the appeal by the high court on december 26, 1950. in the meanwhile, the madhya pradesh abolition of proprietary rights act, 1950, was passed. it may be mentioned that the mortgaged property consisted of 16 annas malguzari share in mauzas jamgaon, lakhanwada and kalora, all ..... that the preliminary decree for sale can also be re-opened by a claims officer under section 24, it would follow that that decree ceases to have any force. no doubt, a decree passed by a civil court has a sanctity attached to it and cannot ordinarily be got rid of except as provided for in the ..... the court in favour of the appellants. the respondents preferred an appeal from thatdecree which was dismissed by the high court of judicature at nagpur on december 26, 1950. it may be mentioned that the preliminary decree for sale was passed by the additional district judge on november 9, 1943. under the decree the mortgage money was .....
Tag this Judgment!Court : Mumbai
Reported in : 1958CriLJ1144
..... the code of criminal procedure. that section empowers the central government to make rules consistent with the code and the army act and the other act mentioned therein, providing for the trial of persons subject to military, naval or air force law by a court to which the code of criminal procedure applies or by a court martial; and it also provides ..... order to examine these submissions, it would be necessary to deal in some detail with the provisions of the army act, 1950, and the rules made thereunder. section 2 (1) of the act gives a list of persons who are subject to the act, under section 3 (ii) 'civil offence' is defined as 'an offence which is triable by a criminal ..... that there are some irregularities and errors in the charge.13. the second point as regards the legality of the trial is raised under the provisions of the army act, 1950, by mr. purshottam on behalf of accused no. 1. that again is a point which has been raised for the first time in appeal challenging the jurisdiction of .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR795
..... repealed. the provisions of the baroda state (application of laws) order, 1949, were repealed and re-enacted by bombay act iv of 1950 called the bombay merged states (laws) act, 1950, and by schedule 1 to that act bombay act iii of 1901 was extended to the area of the former baroda state with the addition of section 180a which was ..... the former baroda state must be deemed to be continued by the bombay merged states (laws) act, 1950, read with bombay act iii of 1901.8. mr. kotwal on behalf of the municipality contended that there was no provision in bombay act iii of 1901 under which a remission of the nature granted to the company could be claimed. ..... the said municipalities under the appropriate provisions of the said act on the said date and continue in force until altered, repealed or amended by a competent authority.by bombay act iv of 1950, bombay act iii of 1901 was applied to municipalities in the merged areas, by including that act in the first schedule with the addition of section 180 .....
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