Court : Mumbai
Reported in : (1958)60BOMLR1125
..... be determined, is whether the claiman's are entitled to compensation at the market rate prevailing on 28th may 1948, the date on which the notification under section 4 of the land acquisition act was issued, or at the rate prevailing on 1st january 1948, and whether the claimants are entitled to the 15 per cent solatium in addition to the market value ..... of the lands compulsorily acquired the 15 per cent solatium awardable under section 23(2) of the land acquisition act and the market value which is to be awarded under section 23; and in determining the amount of compensation the court must ascertain the market value of the land at the date of the publication of the notification under section 4 and the market value on 1st january 1948 and to award ..... act shall have effect in relation to such acquisition as if- (a) in clause (f) of section 3 after the words 'such provision' the words and brackets 'and a housing scheme as defined in the land acquisition (bombay amendment) act, 1948' had been inserted; * * * * * * (c) in section 23- (i) in the first clause of sub-section (1), after the words, brackets and figures 'section 4, sub-section(1)' the words 'or at the relevant date, which ever is less' had been inserted; and (ii) sub-section ..... for reasons already set out by us we are unable to agree with the contention that section 299 of the government of india act required that a statute, which provides for compulsory acquisition of land for public purposes, must provide for compensation which .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR1137; (1958)IILLJ700Bom
..... ; that even though the notice of discharge was given without affording to him any opportunity to render explanation or to show cause, absence of such opportunity did not affect the termination of the plaintiff's employment; that the act of the government bombay in not absorbing the plaintiff in the bombay medical service and discharging him from service was not illegal an ultra vires, and that the plaintiff could not in support of his plea ..... merger agreement between his highness the maharaja of baroda and the union of india, and that the plaintiff had no right to sue for the relief claimed by him, as the termination of employment of the plaintiff amounted at an act of state. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1191
..... dalal has referred me to the definition of the word ' to requisition' in sub-clause (50 of section 4, which runs as under-4. ..... developing the grounds (2), (3) and (4) mentioned above, mr.dalal argues that the word 'release' in sub-section (1) of section 6 and sub-section (1) of section 9 must be given the same meaning. ..... he contends that 'release' is converse of the definition of the words of ' to requisition' as quoted ..... now therefore, in exercise of the powers conferred by clause (a) of sub-section (4) of s.6of the bombay land requistion act 1948 (bom. ..... the inquiry of any kind was held as required under the provisions of section 6(4) of the act. ..... case also the requisition order was made almost immediately after a de-requisition order was made and it was contended on behalf of the petitioner that no inquiry of any kind was held as required under the provisions of section 6(4) of the act. ..... the converse is true of de-requistion order, if true meaning is to be givaen to the provisions of section 9(1) of the act. ..... 6 of the bombay land requistion act had been received from the petitioner on 18-6-1957 ..... 9 of the bombay land requistion act, 1948 (bom. ..... 9 of the act and under s. ..... 9 of the act de-requisitioned the premises ..... 6 of the bombay land requistion act of 1948. ..... incomplete character of the form is the result of the petitioner's own act. ..... 'the state government may, at any time release from requisition any land requisitioned or continued to be subject to requisition under this act. (2) (a). ..... of the act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1315
..... of hindu law or any custom or usuage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this ac'.notwithstanding the interpretation of the text of the hindu shastras whereby the estate inerited by a hindu widow is regarded as a limted estate, by the operation of section 14, a hindu female possessed of any property becomes invested with an absolute title, and the texts which ..... was held that as the adoption of the plaintiff took place long before the act, section 30 excluded the operation of the act in its application to the adoption of the plaintiff. ..... under bombay act xxii of 1955 by section 4 it was provided that :-'notwithstanding anything contained in any usage, settlement, grant, agreement, sanad, order, rule, notification, or vat-hukum or any decree or order of a court, or any law for the time being applicable to any alienation in the merged territories with effect from and on the appointed dae (i) all alienations shall be deemed to have been abolished; and (ii) expressly by or under this act all rights legally subsisting on the ..... it is true that by section 5 of the hindu succession act, any estate which descends to a single heir by the terms of any enactment passed before the cpmmencement of this act is excluded from its operation ..... full ownership contemplated by section 14 of the succession act, is not made by the legislature subject to any incident of divestation by .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1322
..... section 4 of the extra-provincial jurisdiction act, 1947, provides that the central government may by notification in the official gazette, make such orders as may seem to it expedient for the effective exercise of any extra-provincial jurisdiction of the central government. ..... , obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect 'thereof, or any release or discharge of or from any debt, penalty, obligation liability, claim or demand, or any indemnity already granted or the proof of any past act or thing.it is the contention of mr. ..... contention raised turns on the construction of the said vat hukum read together with certain provisions of the notification issued on march 1, 1949, by the state of bombay in pursuance of the powers conferred on it by the extra-provincial jurisdiction act of 1947. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1339
..... , profits, and gains received by them at the moment the gross sale proceeds the position the provisions of s.4(1)(a) were immediately attracted and the income, profits, and gains so received became chargeable to tax under s.3 of the act'.but in tthe case before us, the assessee did not in the year 1946 receive any part of the gross profit; andin turner morrison and company's case : [1953]23itr152(sc) will apply to the facts of this ..... the income-tax authorities treated the assessees as the agentsof the non-resident association under s.43 if the indian income-tax act and assessed tem to income-tax under s.4(1)(a) or, in the alternative, under s.4(1)(c). ..... in the reference under s.66(2) of the income-tax act, the question which falls to be determined is whether on the facts and in the circumstances of the case the amount of rs.96,000/- odd, which is the profit made by the assessee is taxable in the assessment year 1951-52, or is liable to be apportioned as ..... but the commissioner of income-tax act and brought the amount to tax. ..... but the commissioner of income-tax took action under s.88b of the income-tax act and brought the amount as tax. ..... income-tax act and brought the amount as tax. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1960Bom224; [1959]37ITR359(Bom)
..... sale proceeds received by the agents in india were income, profits and gains received by them at the moment the gross sale proceeds were received by them in india and that being the position the provisions of section 4(1)(a) were immediately attracted and the income, profits and gains so received became chargeable to take under ..... it was held by their lordships of the supreme court that the income, profits and gains derived from the sale of salt in british india were assessable to income-tax under section 4(1)(a) as income, profits and gains received by the company in british india on behalf of the association. ..... when sale proceeds, gross or net, are received by the assessee, evidently section 4 is immediately attracted, and the income, profits and gains embedded therein became chargeable to tax; but in our judgment that principle will not apply to an amount left in deposit with the assessee for due performance of a ..... but the commissioner of income-tax took action under section 33b of the income-tax act and brought the amount to tax. ..... the income-tax authorities treated the assessees as the agents of the non-resident association under section 43 of the indian income-tax act and assessed them to income-tax under section 4(1)(a) or, in the alternative, under section 4(1)(c). ..... in this reference under section 66(2) of the income-tax act, the question which falls to be determined is whether on the facts and in the circumstances of the case the amount of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR442
..... stated:-the following enactments (including the rules) are hereby repealed:-(a) all the enactments specified in schedule iii in force in the baroda state immediately before the coming into force of the order,(b) sections 1, 2 and 36 to 45 (both inclusive) of the government of baroda act (iv of 1940), and(c) all other enactments in force in the baroda state and corresponding to the enactments in force in the province of bombay, and extended to the baroda state under paragraph 3...(iii) ..... xlvii of 1947) and of all other powers enabling it in this behalf, the central government is pleased to delegate to the provincial government of bombay the extra-provincial jurisdiction aforesaid conferred by section 4 of the said act to make orders for the exercise of that jurisdiction.provided that:-(1) the exercise of the jurisdiction hereby delegated shall be subject to the control of the central government; and(2) the delegation shall not preclude the ..... the state of baroda, by acceding to the dominion of india in the manner provided in the government of india act, 1935, became a part of the territories of india as defined in section 2 of the indian independence act, 1947, and for the purposes of section 5 of the government of india act, 1935, one of the units of which the union was to consist. ..... . before india attained independence in 1947, the state of baroda was an indian state within the meaning of the definition of 'indian state' in sub-section (1) of section 311 of the government of india act, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom114; (1960)62BOMLR857; 1961CriLJ466; ILR1961Bom183
..... then the learned judge observed :'if the circumstances, which you think are established, point to the accused with reasonable definiteness as the probable assailant of the deceased in proximity of time and situation and if in these circumstances the explanation which he gives appears to be false to you, then the falsity of that, explanation itself you are entitled to take it as completing ..... the subsequent conduct of the accused was, therefore, a part of the same transaction, under section 6 of the indian evidence act, facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. ..... the evidence was inadmissible, stated the general rule of law applicable in such cases as follows, at page 394: '......apart from express statutory enactments,evidence tending to show that the accused had been guilty of criminal acts other than those covered by the indictment cannot be given unless the acts sought to be proved are so connected with the offence charged as to form part of the evidence upon which it is proved : see reg v. ..... chain of circumstantial evidence in that case, and then it observed at page 581 (of scr): (at p, 806 of air):'these circumstances taken together, advance the ease against the appellant very much beyond suspicion and reasonably and definitely point to the appellant as the person who committed the murder. .....
Tag this Judgment!Court : Mumbai
Reported in : (1962)64BOMLR113
..... it appears to me from the scheme of section 7 which i have already discussed above that an award would be final within the meaning of sub-section (d) of section 7(1) of the act, even if it is not made a rule of ..... the scheme of section 7 the plaintiffs have to prove in this court that the award is enforceable under the act and in that connection the plaintiffs have to prove what is referred to in detail in sub-sections (a), (b), (c), (d) and (e) of section 1(1) of the act. ..... reliance was placed in that connection on section 26 of the english arbitration act which provides thatan award on an arbitration agreement may, by leave of the high court or a judge thereof, be enforced in the same manner as a judgment or order to the same effect, and where leave is so given, judgment may be entered in terms ..... arbitrators appointed in england and/or the english courts as the case may be, shall have exclusive' jurisdiction over all such disputes and questions.sub-section (a) of section 7(1) of the act provides as follows:-- 7. ..... this connection reliance is also placed on behalf of the defendants on the provisions in section 7(1)(c) which run as follows:-7(1) in order that a foreign award may be enforceable under this act it must have-... ..... my view, what the bye-laws in this case do is to treat the tendering of a railway receipt or a delivery order as the case may be as delivery of the goods themselves, a method of delivery agreed to by the parties as contemplated by section 33 of the sale of goods act. .....
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