Court : Mumbai
Reported in : (1930)32BOMLR1613
..... disorder and to arrest the guilty. but, on the other hand, there is equally the fact that the arms act was in force, the mob had no arms but only sticks and stones, the . attack on the police post and the court house must from ..... -45 p. m. on may 18, of offences against martial law regulations, and each petitioner was sentenced by military court or tribunal acting under those regulations.4. before dealing with the facts, i will state what i conceive to be the law applicable to the ..... the military might not be willing to come to their aid unless the ordinary laws and tribunals were abolished. no section of the army act or any other act has been cited to us to show that the military in india occupy in this respect ..... secondly, a state of war or insurrection existed from the 12th onwards sufficient to justify the supersession of the ordinary laws and tribunals, and we would have no power of revision of the sentences of the military authorities under section 491, criminal procedure code, even if .....
Tag this Judgment!Court : Mumbai
Reported in : 129Ind.Cas.596
..... disorder and to arrest the guilty. but, on the other hand, there is equally the fact that the arms act was in force, the mob had no arms but only sticks and stones, the attack on the police post and the court he use must from ..... and 345 p.m. on 18th may of offences against martial law regulations and each petitioner was sentenced by military court or tribunal acting under those regulations.4. before dealing with facts i will state what i conceive to be the law applicable to the case ..... the military might not be willing to come to their aid unless the ordinary laws and tribunals were abolished. no section of the army act or any other act has been cited to us to show that the military in india occupy in this respect a ..... secondly, a state of war or insurrection existed from the 12th onwards sufficient to justify super session of the ordinary laws and tribunals, and we would have no power of revision of the sentences of the military authorities under section 491, criminal procedure code, even if .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom277; (1952)54BOMLR137; ILR1952Bom785
..... , to take a contrary view and come to the conclusion that the nomination paper of the petitioner was rightly rejected by the returning officer and the election tribunal would thereupon act upon that view of the law. now, a court issuing a prerogative writ should never put itself in a position where, as i said before, its ..... 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 ..... under any law relating to the armed forees. so presumably an election tribunal, set up if necessary after the election, would be subject to the superintendence of the high court under article 227. mr. purshottam said that en our view of the interpretation of article 329(b) even if the tribunal were to act without jurisdiction or were to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom375; (1956)58BOMLR45; ILR1956Bom79
..... entitled to reopen a settled matter, and really when one carefully studies this passage the emphasis is upon the second tribunal acting arbitrarily or capriciously and we with respect are in agreement to that extent that the second tribunal would certainly not be justified in re-opening a matter arbitrarily or capriciously.but we do not understand why, if ..... central board of revenue or the income-tax commissioner.in order to appreciate this argument we must consider what role does the appellate tribunal play under the income-tax act. it is clear that the tribunal is a part of the machinery of assessment. it may be the final link in the sense that it is the final ..... the assessee with regard to a different assessment year they are dealing with an entirely new case and the decision given in the earlier assessment has no binding force upon either the assessee or the income-tax authorities in the next assessment.this is a principle which is not merely helpful to the income-tax authorities but .....
Tag this Judgment!Court : Mumbai
Reported in : [1956]29ITR857(Bom)
..... was effectively at an end, and therefore unless there is anything in the second proviso which would leab us to the conclusion that the legislature not only brought into force the act, which received assent on may 24, 1953, on april 1, 1952, but it revived a remedy already lost, we could not possibly accede to the contention that ..... authorities the income-tax authorities should do so by including this income in the assessment of purshottam laxmidas. armed with this opinion of the income-tax tribunal, the income-tax officer issued a notice under section 34 of the income-tax act on april 30, 1954, and by this notice the firm of purshottam laxmidas was called upon to submit ..... the laws to and discriminates against a section of the assessees, that is, persons against whom a finding or direction has been given. it was urged with considerable force that the second proviso to that sub-section as amended in 1953 not merely deprived an assessee in whose case a finding or direction had been given in any .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom530; (1956)58BOMLR184; ILR1956Bom374
..... tax authorities, the income-tax authorities should do so by including this income in the assessment of purshottam laxmidas.armed with this opinion of the income-tax tribunal, the income-tax officer issued a notice under section 34. income-tax act on the-30-4-1334 and by this notice the firm of purshottam laxmidas was called upon to submit ..... was effectively at an end, and therefore unless there is anything in the second proviso which would lead us to the conclusion that the legislature not only brought into force the act, which received assent on 24-5-1953, on 1-4-1952, but it revived a remedy already lost, we could not possibly accede to the contention that ..... remedy under section 34 was revived irrespective of when that remedy became barred, then it is difficult to understand why the legislature in terms provided that the act should come into force on 1-4-1952.therefore, the legislature provided the terminus for the purpose of considering questions of limitation as 1-4-1952. if on that date .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom252; (1957)59BOMLR616
..... armed forces. that section makes provision for certain exceptional cases and if the main provision contained in section 32 is not ultra vires, the provision made for exceptional cases cannot also be regarded as ultra vires.35. section 32g provides for publication of notice in the prescribed form in each village within its jurisdiction by the tribunal ..... ineffective and the land will be at the disposal of the collector under section 32p. power is given by sub-section (2) to the tribunal appointed under the act to condone default by the tenant in payment of any four instalments. mr. jahagirdar urged that under section 32k an ordinary tenant is required to ..... no. 18 in the ii list of theseventh schedule to the constitution. theirlordships held in that case that under entryno. 21 the punjab restitution of mortgagedlands act, 1938, which provided for the restitution of possession of lands mortgaged under theact to the mortgagors on less onerous terms andfor the extinguishment of the mortgages, .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1475
..... share,...explanation i to this section states that a widow or a minor or a person, who is subject to physical or mental disability, or a serving member of the armed forces, shall be deemed to cultivate the land personally, if such land is cultivated by servants, or by hired labour, or through tenants. this provision creates a legal fiction, ..... point involved in both these applications is whether a widow can terminate tie tenancy of her land under section 31 of the bombay tenancy and agricultural lands act. the bombay revenue tribunal has taken the view that a widow has no such right and that the right to maintain such an application is available only to the successor-in- ..... (i) of section 31, they will not in the case of a widow include cultivation through a tenant.6. the other ground given by the tribunal has reference to section 37 of the act-sub-section (i) of this section states that if after the landlord takes possession of the land after the termination of the tenancy under section 31 .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR11
..... either, even though he had his office at trivandrum and had a permanent location within the jurisdiction of the high court inasmuch as he was merely an arm of respondent 2 and any writ issued against him would have the indirect effect of prohibiting respondent 2 from exercising its legitimate functions within the ambit of ..... of the union, it has been my endeavour to point out, is distinctive, and must be differentiated. moreover, the union of india naturally has to act and acts through the instrumentality of various departments and authorities some of which it is quite conceivable may and some of which may not be amenable to the jurisdiction of ..... test of 'functioning' within the territorial limits of the high court by an authority or tribunal permanently located and normally carrying on its activities elsewhere was negatived by the supreme court. it was said that these observations should with equal force apply to the case of the union of india which is permanently located and normally .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1960Bom353; [1960]40ITR624(Bom)
..... 1 either, even though he had his office at trivandrum and had a permanent location within the jurisdiction of the high court inasmuch as he was merely an arm of respondent no. 2 and writ issued against him would have the indirect effect of prohibiting respondent no. 2 from exercising its legitimate functions within the ambit ..... of the union, it has been my endeavour to point out, is distinctive, and must be differentiated. moreover, the union of india naturally has to act and acts through the instrumentality of various departments and authorities some of which it is quite conceivable may and some of which may not be amenable to the jurisdiction of ..... test of 'functioning' within the territorial limits of the high court by an authority or tribunal permanently located and normally carrying on its activities elsewhere was negatived by the supreme court. it was said that these observations should with equal force apply to the case of the union of india which is permanently located and normally .....
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