Court : Mumbai
Reported in : (1942)44BOMLR387
..... the essential purposes for which the company was formed. the petitioner further alleges that the directors have committed several breaches of the provisions of the indian companies act and the memorandum and articles of association of the company. according to him, questions of considerable difficulty will arise in the winding up of the company ..... and the mismanagement of the directors will have to be investigated and proceedings taken out against the directors in respect of the ultra vires borrowings and other acts of mismanagement and for the purpose of compelling the directors who are substantial parties to make good the loss caused to the company by their mismanagement and ..... this question of exceeding the borrowing powers is essentially a question of internal management of the company and the company has taken the view that the directors acted in the best interests of the company. it is suggested by the petitioner that the resolution was carried by a packed majority. we have before us .....
Tag this Judgment!Court : Mumbai
Reported in : (1943)45BOMLR323
..... falls within items 1 and 2 of the concurrent list, but a more conclusive answer to the point seems to be section 102 of the government of india act, which provides :notwithstanding anything in the preceding sections of this chapter, the federal legislature shall, if the governor-general has in his discretion declared by proclamation that a ..... ordinance was intended to apply retrospectively.14. in january, 1942, when the ordinance was first promulgated, the japanese armies were approaching the borders of india, and it is clear from the terms of sub-section (3) of section 1 that the emergency which the governor general had in mind was in connection with danger from a hostile ..... never exercise any foresight in the protection of the state. it is perfectly possible to suppose that in january, 1942, owing to the approach of the japanese army, there was an emergency which, made it necessary to look to possible future events, and to arm, the provincial governments with powers which they could bring .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom825; (1943)45BOMLR633
..... , valuation and liquidation ; and, thirdly, they are obtaining certain advantages by reason of the fact that they are getting the benefit of the provisions of section 25(4) of the indian income-tax act, 1922, and of the rates of income-tax and super-tax in force in august, 1939. i am not in a position to judge whether the ..... been present to the minds of some shareholders at any rate that by 1943 it was possible that western india would be the meeting ground of the german and japanese armies, in which case the shares of the bombay telephone company would be worth very little. how far such considerations influenced the shareholders it is impossible to say, but ..... consideration the state of things existing in bombay in 1941 owing to the war situation, of the existence of which we can take judicial notice. at that time the german armies, which had so far carried all before them in europe, were, in the opinion of many persons, contemplating an invasion of what is called the middle east, whether .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom131; (1944)46BOMLR145
..... case by the house of lords to be unimpeachable once' the certificate of registration had been given by the registrar under the relevant section of the companies act, which in this case is section 24 of the indian companies act, 1913. turning again to sub-clause (3)(g), unquestionably the company had acquired the bullion. it dealt with it, in the ..... securities was redeemed during the testator's lifetime, and he placed the sum so received together with other money on a deposit account with his bank and with the army and navy stores, ltd. the question arose about the ademption of the bequest and the contention was negatived. it was held that money on deposit account may ..... be so spoken of as invested.upon the language of this particular will i have no hesitation in holding that the moneys deposited at the bank and at the army and navy stores, ld., were investments at the date of the testator's death representing the mortgage debenture redeemable stock and that those moneys on deposit pass under .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom181; (1944)46BOMLR244
..... the previous covenants in the lease, which have been called negative covenants.12. in my judgment the words : ' and performs the other conditions of the tenancy,' in section 11 of the act mean, fulfils all the other duties imposed by the lease on the lessee. in my opinion, there is no room for the application of the ejusdem generis doctrine. ..... in the present case the original lease came to an end in the year 1935 and thereafter the tenant held over. the result was that under section 116 of the transfer of property act the tenancy was considered renewed from month to month. the effect of such renewal was a new periodical tenancy which sprang from the old lease; it ..... the storage of timber by way of business.5. the principal question, which arises, is whether the premises comprised in 'these two leases are protected by section 11 of the bombay rent restriction act, 1939, which is as follows :(1) no order for the recovery of possession of any premises shall be made so long as the tenant pays or .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom88; (1944)46BOMLR877
..... it authorizes the provincial government so to do for certain specified purposes.16. a more difficult aspect of the matter arises from the words ' under this act' contained in section 14. these words, in my judgment, import the necessity for an express provision being made, if the continuance of either the criminal or civil jurisdiction ..... but also in the mandate which confers the power to exercise the legislative function on that authority ; and in this respect the authority conferred by section 9 of the act, to which i have already referred, is significant: since when the central legislature directly, and without the central government being the intermediary, authorizes the ..... for the federal and the central governments, and the third list was in respect of the concurrent jurisdiction of those bodies to legislate. under section 102 of the constitution act, on the proclamation of an emergency by the governor general, it became open to the federal legislature to legislate in respect of. the .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR597
..... applies or by court-martial, and that when any person is brought before a magistrate and charged with an offence for which he isliable, under the army act, section 41, or under the air force act, section 41, to be tried by a court-martial, such magistrate shall have regard to such rules, and shall in proper cases deliver him, together with ..... officer of the nearest military or air force station, as the case may be, for the purpose of being tried by court-martial. under section 41 of the indian army act every person subject to the said act who commits any civil offence is to be deemed guilty of an offence under a military law, and, if charged therewith under the ..... section is liable to be tried, subject to the provisions of the act, for the same by court-martial. 'civil offence' has been denned in section 7(18) of the army act as an offence which, if committed in british india, will be triable by a criminal .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom207; (1945)47BOMLR57
..... karandikar called 'savarkar charitra', i.e. the life of mr. savarkar, and printed in the petitioner's press fell under clauses (a) and/or (b) of section 4(1) of the act, there are. in all twenty three such passages which are alleged to incite to or encourage or tend to incite to or encourage, the commission of any offence of ..... form secret associations, does not get weapons and arms-pistols-imported into india from europe, does not try to justify assassination of any individual, and does not incite the army into disloyalty or mutiny against the british government. on the contrary, although the british rule is still there, he accepts it for the time being and advises indian youth ..... and give loyal and hearty support to england's case in the war. we promise that, should we be released now, we should not hesitate in joining the army with a view to defend our motherland.12. the learned advocate general has urged that it was a conditional promise and that there is nothing to show that savarkar .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR260; AIR1945PC48
..... this very thing is enacted. the learned judge cites 13 instances, and, in addition to these, refers to the discretion conferred by the indian army act and by the indian air force act upon the prescribed authority to decide in a particular case, where a criminal court and a court marital would both have jurisdiction, before which ..... 72 was not either of these legislatures. the argument, as sir harold derbyshire pointed out in his judgment, overlooked the provision in section 311(6) of the act, which says: any reference in this act to...acts or laws of the federal or a provincial legislature, shall be construed as including a reference to an ordinance made by the ..... on appeal (which fall to be separately considered in this judgment), but the ordinance did not itself set up any of these courts, but provides by section 1, sub-section (3) that the ordinance shall come into force in any province only if the provincial government being satisfied of the existence of an emergency arising from any .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR981
..... the ordinary criminal law, and all the charges with which he was charged before the court martial were 'military offences' under sections of the army act. the whole proceedings against him have therefore been entirely under the army act and not in any way under the ordinary criminal law. in our judgment unless we are compelled by some authority or by ..... case in person before us. in the court below it had been argued on behalf of the appellant that all court martial proceedings under the army act were criminal proceedings within the meaning of section 270(1). but in view of the amazing consequences which, it was pointed out by the high court, must result if this contention were ..... something in the context to hold that such proceedings under the army act must be deemed to be included in the phraseology of section 270(1), it would be unreasonable for us so to do. we think that the words 'proceedings civil or criminal' have been .....
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