Court : Mumbai
Reported in : AIR1953Bom23; (1952)54BOMLR714
..... defendant firm and to allow the claim to be decreed against the partnership without availing himself of any opportunity of defending the claim. therefore, on general principles there is considerable force in the observations made by sir norman macleod in vithaldas v. hansraj, 23 bom. l.r. 1249.[14] in england rule 7 of order 48a, supreme court rules was amended ..... . the plaintiff filed his reply to the counterclaim denying his liability in the counterclaim. the attorneys for the defendants thereafter obtained their discharge on 17-3-1950. thereafter hiralal l. sharma died in about the middle of october 1950, but no intimation was given to the court about the death of sharma. the suit then came on for hearing on 14-12 ..... -1950. the counterclaim being for an amount less than rs. 25,000 was dismissed as not maintainable in this court, and the suit was tried as an uncontested suit. a decree .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom363; (1952)54BOMLR239; ILR1952Bom653
..... the government or a local authority or a co-operative society the right to have recourse to any mode of recovery allowable by any law for the time being in force. as to the other creditors, and amongst them must be mentioned the merged state bank with which we are concerned, the only remedy open to them is to ..... which i have already referred is a saving section and it provides that seven classes of debts enumerated in this section would not be affected by anything contained in this act.section 4 deals with the application which has to be made for the adjustment of debts and sub-section (3) of this section provides that notwithstanding anything contained ..... this suit was filed in the court of the civil judge, senior division, sangli. on september 11, 1950, the defendants applied to the court under section 19, sub-section (1), of the act, and alleged that they were debtors within the meaning of the act and that their total debts did not exceed rs. 15,000. they, therefore, claimed that the suit .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom303; (1952)54BOMLR281; ILR1952Bom906
..... is less than rs. 20,000. our attention has also been drawn to the judgments of two high courts in 'ramaswami v. ramanathan', : air1951mad251 and in 'nandlal v. hira-lalsao air 1950 nag 222, where the same view has been taken as to the right of appeal to the supreme court.(6) we have thought it necessary to consider this matter in ..... more. and that right which was a vested right was expressly not taken away by the provisions of section 27 of the order. therefore, although after the constitution came into force, the jurisdiction of the supreme court in civil matters is restricted and the power of the high court to give a certificate under section 110 has also been modified, these ..... jurisdiction that was vested in the privy council was conferred upon the federal court to hear all appeals which lay to the privy council under section 110. by that act also the amount or value of the subject-matter was the same as the value of the subject-matter under section 110 of the civil p. c. and then we .....
Tag this Judgment!Court : Mumbai
Reported in : (1952)54BOMLR451
..... list can be said to be 'made' or to be effective.' (8th edn., p. 669).we think that these observations apply with equal force to the list prepared under section 78 of the act with which we are concerned. how essential and important is the consideration of the objections made by the as^essees can bo realised if we ..... mentioned in section 18 (i). the court of quarter sessions held that the list could not be said to have been duly approved and was not, therefore, legally in force as a supplemental valuation list for the parish. the assessment committee challenged this view, but they failed because, as lord coleridge c.j. section observed (p. 415):'.... the ..... ,, from the provisions of this rule, that the intended increase in the house and property tax was to be notified to the house owners concerned before 1st march. air objections to the proposed increase were to be lodged in writing in the municipal office before 15th march, and, the investigation was to be completed before 1st april and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom365; (1952)54BOMLR330
..... to determine what is the connotation of the words 'carry on business.' the words 'carry on business' have been judicially interpreted. in 'kirpa ram v. manoal sen' air 1922 all 37, the learned judges of the allahabad high court observed (p. 369):' 'carrying on biisiness' means, in this section, having an interest in the business ..... to the extent that it sought partition of movables situated within jurisdiction. for this contention, reliance is placed upon a judgment of mr. justice west in 'j air am narayan v. atma-ram narayan', 4 bom 432. in that case, the plaintiff sued the defendant for partition of family property, which consisted both of movable ..... of 1950, all pending proceedings are stayed, and the pending proceedings shall be continued in that court where they were pending as if the new act had not been passed, and such court shall have, for the purpose of pending proceedings, all jurisdiction and powers which it had immediately before the act came into force. now, obviously, this .....
Tag this Judgment!Court : Mumbai
Reported in : 1952CriLJ646
..... made and the revelations which were made as a result of such enquiry were startling.39. the impugned sholapur act applied directly and of its own force to a particular mill company. there were special circumstances in chiranjitlal's case : [1950]1scr869 which are not found in the present case. the only circumstance here is that the number of accused ..... 2) must be struck off as being repugnant to article 14.ansari, j. was of the same opinion. there are similar observations in abdul khader v. state of mysore air 1951 mys 72. (18) the impugned section 14, empowers the state government to deprive an accused of his right to be tried by a jury by directing his trial ..... similar provision in section 4(2) of the hyderabad's special tribunals regulation, was considered and declared invalid by a full bench in abdur rahim v. joseph a. pinto air 1951 hyd 11. naik, c.j. stated:the portions which offend the constitution are the whole of sub-section (2) of section 4, which permits only memoranda of .....
Tag this Judgment!Court : Mumbai
Reported in : 1952CriLJ870
..... 1335 by section 240 was unavailable to suraj narayan. it was also stated before their lordships that the government had amended the police regulations after the constitution act of 1935 came into force enabling a d.i.g., to dismiss a sub-inspector of police prior to the dismissal of suraj narain and so his dismissal was valid. in the first ..... provincial government which was dismissed on the 24th september 1949. he preferred a memorial to the government on the 6th november 1949, which was likewise rejected on the 27th february 1950. finally he made an application to the government for the grant of compassionate allowance. this. application was rejected on the 6th december ..... 1950. the applicant has, therefore, come up to this court under article 226 of the constitution.2. it is urged by way of preliminary objection by the learned additional government pleader .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom299; (1952)54BOMLR316; ILR1952Bom662
..... the accused is to be considered as a fact discovered under section 27, then that salutary safeguard would disappear. there is force in mr. mandgi's criticism, but we would like to point out that the criticism of mr. imandgi is directed more ..... referring judgment has referred to his own un-reported judgment in 'state v. kalekhan sale mahomed khan', confirmation case no. 13 of 1950 (bom). in our opinion, again with respect, that judgment seems to take a different view from the full bench in 'queen ..... hope that this judgment will not be looked upon as expanding unduly the ambit or scope of section 27 of the evidence act.(10) we would, therefore, answer the question submitted to us as follows: that the statement with regard to the authorship ..... the law, and after the decision of the privy council 'mohd. ilyas v. the state', : air1950all615 ; 'public prosecutor v. oor goundan' air 1948 mad 242; 'in re vel-lingirf, : air1950mad613 and 'mangal singh v. emperor ilr (1948) nag 57, have also taken the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom277; (1952)54BOMLR137; ILR1952Bom785
..... effect not to his decision but to our decision, therefore, far from this writ compelling the public officer to act in accordance with law it would force him to act contrary to the clear provisions of the representation of the people act. [7l there is another objection also to the issue of a writ of mandamus, which is equally serious ..... to the time schedule. we do not conceal from ourselves the fact that in giving effect to part xv of the constitution and the representation of the 'people act we may in some cases cause hardship, inconvenience and even perhaps injustice. but looking to the larger interest of the state and to the proper functioning of ..... no jurisdiction to entertain this petition. [2] in order to understand and appreciate the objection raised it is necessary, to look at the representation of the people act, 1951, which deals with elections to all the legislatures in the union of india. under section 17 notifications for elections to state legislative assemblies had to be issued .....
Tag this Judgment!Court : Mumbai
Reported in : (1952)54BOMLR403
..... committee's report and this, it was claimed, showed that clause (7) was intended to operate as a distinct provision apart from clause (2). we see no force in any of these arguments.5. in support of the argument that clause (1) should be construed in isolation from the rest of the article, the petitioner relied ..... on certain observations of our learned brother das in chiranjit lal v. the union of india : [1950]1scr869 , where the view was expressed that clause (1) enunciated the general principle that no person should be deprived of his property except by authority of law and ..... requisite legislative power.7. nor does the legislative history of the article lend any support to the petitioner's contention. section 299(1) of the government of india act, 1935, was never interpreted as prohibiting deprivation of property by private individuals. its restoration, therefore, in the same form in article 31, after omission in the original .....
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