Court : Mumbai
Reported in : (1948)50BOMLR566
..... their lordships have felt much doubt whether they should refer to the procedural point which arises under sections 33 and 66(2), i.e. whether, where the commissioner acting under section 33 makes an order refusing to set aside an assessment, his order is otherwise prejudicial' to the assessee, so that the latter can under section ..... the rights of the assessee and is itself as its language clearly indicates, intended to provide administrative machinery by which a higher executive officer may review the acts of his subordinates and take the necessary action upon such review. it appears that as a matter of convenience a. practice has grown up under which the ..... received from the assessors on account of those assessments?(3) whether the assessees could be denied the relief claimed by them under section 38 of the income-tax act on any valid ground? 18. the high court rejected the preliminary submission of the commissioner holding that its own. previous decision on this matter could not be .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR148
..... under the payment of wages act is to be deemed a court or not.13. moreover, it would not altogether be safe to apply the decisions with ..... amendment of the workmen's compensation act by act v of 1929 was not to make the commissioner a subordinate court for the purpose of section 115. he was deemed to be a court only for the limited purposes set out in section 23 of the workmen's compensation act.these observations apply with equal force in considering whether the authority ..... respect to the workmen's compensation act to the construction, of a statute like the payment of wages act. it is true that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom347; (1950)52BOMLR703
..... at jort of destination provided that the same shall be done within four ..... afterthe first arrival at the aforesaid port of discharge and that this insurance shall not ..... in force for a longerperiod than forty days from the date of commencement of this adventure.' the policy was to enure only for a period of 40 days from the loading of ..... co. ltd. 15 bom. l. r. 948 : 38 bom. 344, which goes to show that it is only when a period of limitation is curtailed that section 28, contract act, comes into operation. it does not come into operation when the term spells out an extinction of the right of the plaintiff to sue or spells out the discharge of ..... purpose was effected, viz. effecting the insurance and loading of the goods in the country craft, they were to be despatched and delivered in terms of section 148, contract act, to the parties named by the principals eamdas vasanji and eanchhoddas moolji. on this statement of facts, the plaintiff would be deemed to be a bailee in respect of these .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom100; (1948)50BOMLR622
..... by the learned magistrate the police officer does not find evidence sufficient to charge-sheet the accused, he may under section 73 of the bombay city police act release him on his executing a bond with or without sureties, as such officer may direct, to appear if and when so required before a magistrate empowered ..... merely gave information to the police and the police, after investigation, appear to have thought fit to prosecute the plaintiff. the defendant is not responsible for their act and no action lies against him for malicious prosecution.their lordships proceeded to observe (p. 192):the principle here laid down is sound enough if properly understood, and ..... name of the king, the person liable is the prosecutor to whose instigation the proceedings are due. instigating a prosecution is, however, to be distinguished from the act of merely giving information on the strength of which a prosecution is commenced by some one in the exercise of his own discretion. the gist of the action .....
Tag this Judgment!Court : Mumbai
Reported in : 1949CriLJ492
..... applicable to the high court of allahabad in the ease of applications under section 491, criminal p. c, inasmuch as the common law of england is not in force in the province and the high court has not the common law right of issuing a writ of habeas corpus, but only the power, conferred upon it by statute ..... detention after the dismissal of the first application was not maintainable, that the provincial government had an independent power of detention under the central provinces and berar public safety act, 1947, and that the order passed 9th march 1948, was not liable to be challenged on the ground that the power had been exhausted and could not be ..... he is an activ& worker and one of the chief organizers of the samata sainik dal.2. in exercise of the powers vested under section 16, criminal law amendment act, 1908, the provincial government, by a notification dated 10th february 1948, declared the said dal as an unlawful association. by another notification it specified in a schedule the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom215; (1949)51BOMLR256
..... case valid is the principle which has been laid down subsequent to the privy council decision in cases where the courts in india have tried to give the force of contract to agreement made by the guardian of a minor for his behalf, where the guardian has power to enter into such agreement so as to bind ..... policy of the legislature under which all contracts of minors were made void and therefore unenforceable by or against the minor.30. section 68 of the indian contract act, which falls under the chapter dealing with certain relations resembling those created by a contract, says that if a person incapable of entering into a contract is supplied ..... food, clothes, lodging, washing, and all other things necessary, fit and reasonable for an apprentice : and further, (here insert any special covenants).section 10 of the act provides that no such contract shall be valid unless it be executed in the manner aforesaid.19. the form of the agreement clearly shows that though the agreement may be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom4104; (1948)50BOMLR747
..... the definition thereof in section 2(2) of the civil procedure code. even there the argument does not help the appellant at all. the terms of the indian limitation act cannot be extended in this manner. the provisions have trot to be strictly construed, and unless the defendant comes within the description of the holder of a ..... civil revision application, which was filed on december 22, 1945, and was disposed of on february 17, 1947, should be excluded under section 14 of the indian limitation act. that contention was negatived by the learned trial judge following a decision of mr. justice patkar in narayan v. hari : air1930bom505 . that was the only contention which ..... and within the provisions of order xxi, rule 103, of the civil procedure code.8. the next point, therefore, to determine is whether article ha of the indian limitation act would apply to the suit as filed. curiously enough, when the matter came to be argued before the learned trial judge, counsel on behalf of both the parties .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom247; (1950)52BOMLR104
..... where there is no mortgage passed by the father or no charge created by the father on the joint family property three years, or six years under article 120, limitation act but in case it is the plaintiff's case that the present suit is in time, then the plaintiff has to show that the cause of action for the suit .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom141; (1949)51BOMLR58
..... follows that they must have the power to make an award of reinstatement. it seems to me a strong thing to say, looking at this regulation which alone gives force to the order, that a power is thereby impliedly given to the tribunal to grant a remedy which no court of law or equity has ever considered they had ..... reason of the strike situation which had developed since. there was correspondence between the association and the industrial tribunal wherein the association challenged the jurisdiction of the industrial tribunal to act in the matter of the disputes which had arisen between itself and its employees, and the last letter addressed to the industrial tribunal was on november 14, 1947, ..... relation to an industrial dispute, a workman discharged during that dispute, but does not include any person employed in the naval, military or air service of the crown.therefore, a workman who is not actually employed by the employer at the time that the dispute is referred to the tribunal is included .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom101
..... has been signed by his highness, the maharaja of baroda, and which has been accepted by his excellency the governor general of india, after the indian independence act came into force, power to legislate on the subject of naturalisation. the executive authority of the dominion, which means, the government of india, has got, therefore, power to ..... of the baroda state and his majesty, or it must have been justified because of the doctrine of paramountcy. but the position after the indian independence act came into force is that the states became independent, except, in so far as the instrument of accession which was signed by the rulers of the states enabled the ..... the whole of british india, including british baluchistan and the sonthal parganas. now, for 'british india,' one has to read after the coming into force of the indian independence act the words 'the provinces of the indian dominion', and we are not concerned in this case with british baluchistan and the sonthal parganas; with the .....
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