Court : Mumbai
Reported in : (1936)38BOMLR660
..... made by the appellant in the course of money-lending and still less can it be considered as becoming bad in the year of account : hence the process by which the transfer is made on the first day of the year 1930-31 and cancelled as a bad debt upon the last day of that year is of no avail to the appellant, their lordships are not in any way disposed to criticise the decision of the commissioner refusing to regard the transaction as an irrecoverable loan made ..... the income-tax authorities, supported by the high court of madras, have disallowed this claim, which in form, as already shown, was a claim to have an allowance in respect of a bad debt made in the year of account by the money-lending business at perambalur. ..... from before the moment at which this debt was transferred from the cotton business to the money-lending business it was altogether bad and its badness was the reason of the transfer. ..... still less can it properly be held that years after the dissolution of the business a is doing business with b and making good debts or bad debts due from him. ..... no principle of writing off a bad debt could justify such a course, whether in the year following the dissolution or, as logic would permit, in some subsequent year in which the partner's insolvency has crystalised. ..... on march 31, 1931, he wrote off as bad the sum of rs. ..... the ' bad debt' would not, if good, have come in to swell the taxable profits of the other partner. ..... 36,138 as a bad debt.5. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom1; (1951)53BOMLR717; ILR1952Bom134
..... applying these decisions to the facts of the present case we find that even if it be conceded that the order passed by the commissioner of police, greater bombay, on 23.2-1931, waa an invalid order,being bad for want of jurisdiction, there was in any event a perfectly valid order under section 4 of the act pasied by the appropriate government on 10-5-1951, and, that being so, it could nob be contended that today there is no proper ..... his application, the question of the validity of the order under which the applicant was being detained being gone into because the detention could not possibly be held to be valid if the order was bad; but that does not affect the fact that the validity of the order of detention had to be gone into incidentally. ..... being quite a distinct thing from an order as to the place where the person is to be detained, the former would not be vitiated or rendered invalid simply because the subsequent order as to the place of detention was bad for some reason, for instance, the want of jurisdiction in the authority making that order. ..... understand why it should be held merely because there could net be detention of a longer duration than one year from the dato of the order, te detention order bad to mention the poriod for which the detenu was to bo detailed by the jailor. ..... it is contended, however, on behalf of the petitioner that the detention in this caso is bad, because the original order for detention does not state the period during which the detenu is to .....
Tag this Judgment!Court : Mumbai
Reported in : 3Ind.Cas.124
..... me to do is, amongst other things, this, that were i to do so, were i to lengthen this judgment four or fivefold, as i should then have to do, and were my decision to be that the title was bad or good, as i found for or against the claims of the male issue, it seems to me perfectly clear, that whoever appealed and on whatever ground the decision, never could really rest upon any other ground than this ..... of course the plaintiff's argument is that the court is now fully informed, and, therefore, must know whether the title is good or bad, that is all very well; but i am not to be draw,n off the proper line of this litigation, by the unfortunate circumstanoo, that wrong parties were joined, ..... i here note a sentence in fry which no doubt helped to ground plaintiff's argument, 'though every title must in itself be either good or bad, there must be many titles which the court cannot pronounce with certainty to belong to either of these categories in the absence of the parties interested in supporting ..... on the assumption that judges, ought to know the law, that they must know whether a title is good or bad what extra veganee is there in requiring that a judge who is so confident as to force the title on a reluctant purchaser, ..... if the title really is so doubtful, that no court could say whether it was good or bad without undertaking a suit between all the members of an alleged joint hindu family, and tracing back the source, as well as the developments, by way of accretions of the family .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR285; 2008(2)ARBLR321(Bom); 2008(3)BomCR217; 2008(3)MhLj54
..... the applicant themselves have not complied with their part of the obligation to appoint an arbitrator and therefore in my respectful submission, the said notice dated 23rd january 2007 itself is defective and bad in law and not as per the provisions of the arbitration and conciliation act, 1996. ..... i say that invocation of the arbitration, as per letter dated 21st february 2007 is bad in law and not as per the provisions of the arbitration and conciliation act, 1996. 6. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj1079
..... the order of detention is illegal and bad in law on this count. ..... it is further denied that the order of detention is illegal, bad in law as alleged. ..... the confirmation order of the state government based on the report of the advisory board is illegal and bad in law. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)BomCR35; (2001)3BOMLR65
..... , that the order of withdrawing the concerned land from acquisition by invoking the power of the government under section 48 of the acquisition act was bad in law inasmuch as the power under the saidsection cannot be exercised in a case where the acquisition proceedings are initiated under the m.r.t.p. ..... secondly, assuming that such a power is available, the present order of withdrawal is bad in law since the same has not been published by notification in the official gazette ..... the third submission was that the order was bad in law for having been arrived at in violation of principles of natural justice, was totally unjustified on the material on record and perverse, and was mala fide and ..... para 8 of the majority judgment of the constitution bench, it has been observed as follows : -'doubtless, he who seeks to invalidate or nullify any act or order must establish the charge of bad faith, an abuse or a misuse by government of its powers. ..... while the indirect motive or purpose, or bad faith or personal ill-will is not to be held established except on clear proof thereof, it is obviously difficult to establish the state of a man's mind, though this may sometimes be ..... and submitted that the inference of bad faith had to be deduced as a reasonable and inescapable inference from these proved facts ..... submitted that the award was valid one and the petition is obviously bad for gross delay and laches.40. mr. ..... the proposal of a.p.m.c- itself was bad being different from the designated purpose. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)BomCR146
..... deshmukh, learned counsel for the petitioners that the notification under section 4(1) of the land acquisition act read with section 126 of the maharashtra regional and town planning act, 1966, was bad in law and in consequence, the award passed by the respondent no. ..... the action is bad where the true object is to reach an end different from the one for which the power is entrusted, goaded by extraneous considerations, good or bad, but the irrelevant to the entrustment. ..... )'pithily put, bad faith which invalidates the exercise of power - some times called colorable exercise or fraud on power and often times overlaps motives, passions and satisfactions-is the attainment of ends beyond the sanctioned purposes of power by simulation or .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... . tulzapurkar contended that even assuming this court were to hold that the amalgamation order was bad, it would make no difference to the construction already put up on the concerned plot for several reasons ..... . consequently, it is contended that the amalgamation order obtained by fraud must be held ab initio bad and no legal consequence could arise therefrom ..... , inter alia, that : (a) the mandatory directions under section 37(1) of the maharashtra regional town planning act were not followed, and (b) that the second general body resolution passed by the bombay municipal corporation was bad in law and void.8. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR719
..... whether the decision dated04.10.2006by state is bad in law because:(a)committee was not competent to takesuch a decision.yes. ..... whether the decision dated 04.10.2006 by state is bad in law because:(a) committee was not competent to take such a decision. ..... having held the decision by the ministers committee dated 4.10.2006 to be bad in law on counts (a), (c) and (e) of point no. ..... we have held the decision dated 4.10.2006 to be bad on three counts viz. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR934; (1996)98BOMLR952
..... we therefore hold that rule 8 providing for district-wise allocation is bad, as it violates article 14 and we hereby strike it down. ..... we may add that we do not mean to say that territorial classification is always bad under all circumstances. .....
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