Court : Mumbai
Reported in : (1923)25BOMLR1083
..... hearing of this preliminary issue.3. the allegations in the plaint are briefly as follow:on april 14, 1923, a notice was given under section 79 of the indian companies act of a general meeting to be held on may 1. in conformity with article 68 of the articles of association the notice specified the business to be transacted at that ..... of talking and has sat down.16. so here the chairman heard the plaintiff when he moved the amendment and it is obvious from the admission in the plaint that the plaintiff moved his amendment that he plaintiff had a fair hearing. after the amendment was lost on the show of hands, the plaintiff no. 1 demanded a poll and it was taken ..... plaintiff's complaint on this point is that he was not allowed to speak on this motion. but the plaint paragraph 13 says : 'thereupon the plaintiff no. 1 moved his amendment.' then paragraph 14 sets out : 'after the aforesaid amendment was duly seconded and handed over to the chairman, the plaintiff no. 1 wanted to speak on his said .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1410
..... , central provinces. there is not and never has been anything to which any part of that description is appropriate. the defendant so indicated never existed, any amendment which substitutes a defendant having a real existence must be more than the correction of amisdescription. further, if the original description and the corrected description be compared what ..... 8. it is admitted that there is not and never has been any individual of the name of rameshwar nandlal. on november 2, 1922, there was an amendment and defendant was described as follows:- rameshwar nandlal, a firm carrying on business at sujalpur central provinces.9. the matter which first falls to be determined is ..... bom. l.r. 7. therefore, for the purposes of limitation the date of filing the suit is the date of the amendment, viz., november 2, 1922. this follows from section 22 of the indian limitation act. it further follows that if leave is necessary under clause 12 of the letters patent this court has no jurisdiction.12. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom413; (1947)49BOMLR454
..... to state those facts was not intentional or with a view to mislead or deceive the court but was merely accidental and unintentional. he therefore applied for leave to amend the petition in terms of the draft ex. a by stating that the standard rent of the premises in the occupation of each of the four occupants sakhavat hussein, ..... costs of the petition incurred up to november 13, 1940, which is the date on which the application for amendment was made by mr. banaji.10. the further preliminary objection which was taken by the advocate general was that the act provides an appeal from the decision of the respondent, that an adequate remedy therefore exists and that the court should ..... be on terms that all the costs of the petition up to the date of the application for amendment should be ordered to be paid by the petitioners to the respondent.9. on a reading of the relevant sections of the act hereinbefore set out, i am of opinion that the facts which i have mentioned above were material facts .....
Tag this Judgment!Court : Mumbai
Reported in : 1949CriLJ165
..... , we do not consider it necessary to examine these rulings in detail, nor do we consider it necessary to examine certain other rulings arising under section 17, criminal law amendment act because no question of a conviction is involved but only preventive detention.28. mr. bobde also relied upon vimalabai v. crown i.l.r. (1945) nag. 6 ..... sangh, an organisation capable of violence against the leaders of other political organisations and which has been declared an unlawful association under section 16, criminal law amendment act, 1908, and(2) that in view of your antecedents and on the information in the possession of the provincial government you are likely to ..... lawful. the mere declaration of the sangh, by the government, as an unlawful body, under the criminal law amendment act did not render all its members liable to detention since there is a presumption that every one tries to act as a law-abiding citizen.. the conduct of mr. sohoni before the detention was impecoable and the likelihood .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom345; (1950)52BOMLR377; ILR1951Bom364
..... always be a question of the proper or improper exercise of the discretion by the court. it cannot be said that when a court allows an amendment of the plaint the court is acting without jurisdiction. in that particular case the order of the court may be attacked and successfully attacked and it may be shown that the exercise of ..... oversight or some mistake the plaintiff failed to make one of the averments, then in that case the plaint must be dismissed and the plaintiff could not apply for an amendment and make the necessary averment.[4] in support of his proposition mr. seervai has relied on the decision of a single judge of the calcutta high court in sailesh ..... the discretion by the court was not a proper discretion. but i am unable to agree with gentle j., that the court has no jurisdiction to allow an amendment of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom363; (1950)52BOMLR544
..... writs of mandamus, writs of prohibition, writs of quo warranto and writs of certiorari. we have permitted mr. purshottam to make that application without a formal amendment.18. now, it is true that under the terms of article 226 of the constitution of india, it is open to this court to issue to any ..... him under the provisions of article 19 of the constitution. consequently, there is no question of applying the provisions of section 6, general clauses act. section 6, general clauses act, only effectuates what has already been done or suffered and provides that the rights, obligations and proceedings which have already arisen or taken place ..... entitled to enter into an enquiry either that in the enforcement or imposition of the restriction by the authority entitled to impose it, the authority may possibly act unreasonably, or that the statute which provides for the imposition of the restrictions on fundamental rights is an unreasonable statute. the expression 'reasonable' does not govern .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17
..... of the reliefs, and whether he is entitled to any of them, later.2. the impugned act is act xxv [25] of 1949 passed by the bombay provincial legislature as it then was. it is both an amending and consolidating act and it contains provisions for the promotion and enforcement of and carrying into effect the policy of ..... that is ultra vires at all.'applying that test, we have to remember that the prohibition act, as pointed out earlier, is both an amending and consolidating act and it contains other provisions besides provisions with regard to prohibition. if the whole act were to be declared void, then not only the provisions with regard to prohibition would go ..... prohibition and also the abkari law. the abkari act which was on the statute book was repealed by this act and its provisions were incorporated into this measure. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom92; (1952)54BOMLR702
..... a public 'wakf, by an immediate reservation of benefit for charity, the requirements of section 2, clause (e) of the mussalman wakf act, xlii of 1923, as amended by the mussalman wakf (bombay amendment) act, xviii of 1935 were satisfied.(11) in the case reported in -- 'all bakhtear v. khandkar altaf hossain', 60 cal 790 a ..... the defendants have contended in their written statement that by an order dated february 27, 1950, the court of small causes at bombay, acting under the provisions of the mussalman wakf (bombay amendment) act of 1935, has appointed esmail abdul karim panjoo and dr. mehsrally ahmed as trustees of the 'wakf' in so far as provision ..... sanction from the advocate general.(7) under section 6m, sub-section (2), clause (ii) of the mussalman wakf (bombay amendment) act, 1935, it is open to the court exercising jurisdiction under the mussalman wakf (bombay amendment) act of 1935 to appoint a new 'mutawalli' or trustee, and that jurisdiction of the court is not denied. but it .....
Tag this Judgment!Court : Mumbai
Reported in : [1954]25ITR207(Bom)
..... it could have stated that the provisions of the various sections set out in section 21 shall apply to the excess profits tax act as amended from time to time, or as may be made by a competent legislature. but, to repeat, the legislature confined itself to contemplating only one type of modification and ..... of recovery was the mode prescribed in the first four sun-sections and not the mode prescribed in sub-section (5). the income-tax act was amended by act no. xlviii of 1948 and by that amendment a new sub-section was enacted to section 46 and that sub-section was sub-section (5a). this sub-section gave a very wide ..... all, it is clear that in enacting section 21 the legislature did not contemplate any modifications of the provisions set out in that section by a legislative amendment of the indian income-tax act. if that had been the intention of the indian legislature, nothing would have been easier than for the legislature so to have provided in section 21. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom598
..... a separate suit cannot be said to be excluded altogether, and in support of this argument he wanted to refer to the corresponding provisions in the indian arbitration act prior to the amendment of 1940.on this part of the controversy again i do not propose to express any opinion. it seems to me that, having regard to the contentions ..... one way of looking at this position is that the legislature has intended that the decision in summary proceedings permitted under the provisions of the arbitration (protocol and convention) act should end with the making of a decree and should not be protracted by the provision of an appeal. on the other hand, if mr. kapadia has filed a ..... pending. the respondents have filed a petition in the city civil court on 23-6-1955.this petition has been filed under section 5, arbitration (protocol and convention) act 6 of 1937. the respondents' case is that a foreign award has been validly made between them and the appellants and they want the city civil court to pass .....
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