Court : Mumbai
Reported in : AIR1927Bom479; (1927)29BOMLR950
..... it was said in clayton's case (1816) 1 mer. ..... we think, therefore, that the view taken by the learned subordinate judge in this case is correct, and this application must be dismissed. ..... the question, which arises in this case, is whether the judgment-debtor made payments to the creditor within the meaning of section 59 of the indian contract act in respect of several distinct debts either with express intimation or under circumstances implying that the payments ..... there is nothing in this case to suggest that the judgment-creditor accepted the three payments of rs. ..... in this case there was one judgment debt, which was ordered to be paid in several instalments and it cannot be and that the debtor owed several debts within the meaning of section 59 so as to enable him to apply the payment to the ..... in this case the payments were not made to the judgment-creditor personally and were not accepted by him, but were deposited into court, according to the ruling in hanmant v. ..... in this case, there was a decree on july 27, 1922, in favour of the plaintiff for rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom62
..... contention is based on the argument that in considering the account of borrowings and repayments the rule in clayton's case (1816) 1 mar 572 does not apply. ..... . it is quite clear that the rule in clayton's case (1816) 1 mar 572 has no application where the question is between moneys-borrowed intra vires and moneys borrowed ultra vires, in respect of which the relationship of debtor and creditor ..... in those cases an attempt was made by the claimant to show that the money advanced had been applied towards the payment of debts and liabilities of the society properly payable by it and it was held that in making the inquiry as to what amount had been properly applied in paying the debts of the company the claimant could not rely on the rule in clayton's case (1816) 1 ..... other hand, as the judgment points out, when there is an express prohibition to borrow beyond a certain limit contained in the article itself, the lender cannot rely on the principle of this case but has to satisfy himself that in accordance with the terms of the article the prohibition does not stand in the way of the directors borrowing the money.5. ..... requires a list of directors to be filed with the registrar, and he says that sassoons therefore had notice of who the directors of pratts and m.t.s were; but it has never been held, as far as i know, in the english cases that people dealing with companies have notice of the contents of all documents on the file of a particular company; and this court in pudumjee and co.v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom162; (1958)60BOMLR999
..... the judgment in clayton's case (1816) 35 er 767, was however not referred to nor was any argument advanced as to how the same applied to this particular contention of the ..... stated, and it was only a bald statement, that in support of this argument he relied upon the rule in clayton's case (1816) 35 er 767. ..... it is it seems because of this difference between the subsequent costs and the earlier costs that in the case of the subsequent costs, the custodian by the agreement agreed to be liable for the same and even on this summons he does not oppose a pay order for the same being made against him ..... are to be found in the law reports, both english and indian, innumerable cases where courts have made orders declaring the solicitor's lien granting charging orders. ..... parpia argued that like eisdell in that case the custodian in this case did have notice of the lien of the attorney, that in this case the custodian is as a matter of fact himself one of the joint decree-holders and that therefore the custodian had no right to receive the money which the custodian has in fact received because that money ..... un-doubtedly the use of the word 'lien' in the case of a solicitor's particular or common law lien is a misnomer, because such a lien of the solicitor is not based on any possession by the solicitor, but even then such so-called lien, which really is an equitable interference by the court, must of necessity be applicable only to cases where the fund has not reached the hands of the client .....
Tag this Judgment!Court : Mumbai
Reported in : [1981]48STC316(Bom)
..... rule of convenience, and in the case of running accounts it is known as the rule in clayton's case (1816) 1 mer. ..... jetly further contended that it was in consonance with logic and justice that the amount of such tax should be recovered from the party in breach, in the present case the respondents, and not from their sellers who would be innocent parties and would thus be wrongly mulcted by reason of the breach committed by the respondents; because, had the respondents ..... noble; clayton's case (1816 ..... difficult to ascertain the exact character of a selling dealer, namely, whether he is a registered dealer pure and simple, or whether he also in addition holds a licence or authorization or recognition or permit, in the case of certain types of goods where it is not possible to link the goods used in contravention of the declaration in form t with a particular purchase made by such dealer. mr. ..... what the sub-section seeks to do is to ensure that the amount of tax which would have been payable by a seller in the case of sales tax, general sales tax or retail sales tax or the amount of tax which would have been payable by a purchaser, namely, purchase tax, would be payable by the ..... at the instance of the commissioner of sales tax the maharashtra sales tax tribunal has stated this case under section 61(1) of the bombay sales tax act, 1959 (hereinafter for the sake of brevity referred to as 'the act'), and has referred the following question of law to this court for its determination :'whether .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1917Bom5; (1918)20BOMLR29; 43Ind.Cas.851
..... discussing the question of the time within which the creditor's option must be exercised, lord macnaghten says:-' in 1816, when clayton's case (1816) 1 mer. ..... these judgments appear to me to establish not only that the-landlord's election may be determined by the mere bringing of his action, but also that the principles applicable to other cases of election are applicable also to the landlord's election to enforce or to waive the forfeiture. ..... ' these decisions serve, i think, to show that in our present case the view required by consistency and principle is that, since all that the lessor has to do is ' some act showing his intention to determine the lease,' that act is done when the suit to recover possession of ..... this view is, i think, confirmed by reference to other cases of election, where the same principle is involved in different sets of ..... '' neither in the calcutta case nor in either of the madras cases is any special reason given why the lessor's election must be made at some time-prior to the institution of the suit, and if the election has been made at the moment when the suit is instituted, that is, ..... we have now to decide whether the case is otherwise where the suit is subject to the transfer of property act ..... ' the second case to which i would refer as illustrating the principle that a party, having an election to prefer one course to another, may declare his election by the institution of a suit, is an indian case, decided by the privy council in 1906, bijoy gopal mukerji .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR890
..... later the entries in the general account of chhaganlal in the appellant's books show that various sums were credited to the latter which if the rule in clayton's case (1816) 1 mer. ..... transit identical in its nature for part of distance with the transit of goods shipped by a consignor in marmagoa under a bill of lading for delivery in bombay; and i think that for this reason, on the special facts of these cases, the railway-receipt if assignable by endorsement would be an instrument of title to the goods under 8.103 of the contract act. ..... under the third condition of the railway-receipts in these cases it is clear that the documents fall under the latter ..... the holders of the railway-receipts in each case presented them not to the railway company which issued them but to the bombay steam navigation company which was the shipping line by which the goods were conveyed during the last part ..... it is not disputed that in each case under appeal the advance was made in ..... the first question in which case is whether the endorsee made the advance which he seeks to recover specifically upon the railway-receipt ..... 4 of 1912, the case was remanded to the lower court for evidence upon certain issues of which issue 9 was:-whether by the custom of the trade railway-receipts are not treated us instruments of title to the goods covered by ..... that was a case of conveyance by land from bijapur to bombay and in that respect the element of voyage by sea under a combined receipt and contract issued by the carrier .....
Tag this Judgment!Court : Mumbai
Reported in : 3Ind.Cas.257
..... the hindu law always recognized gifts by a father, and though no doubt those would be gifts of his self-acquired property yet i doubt whether, in a case of this kind hindu lawyers would not extend their sanction to such a gift (virtually of the surplus of his own money) back to chabildas by consent of all the members of the joint ..... is not the law that when you have a mixed fund, payments out of it are to be debited to the earliest credits in accordance with the rule in clayton's case 1. ..... i think i may here give an indication why, while i have so strongly repudiated the introduction of english authority like hallett's case (3), i am pursuing a line which seems to accept its principle, and in fact separating the component parts of what is clearly a mixed ..... is really unnecessary to decide that point, in view of the conclusion i come to, that, in all the circumstances of this case, the properties in chabildas's hands are and have all along been his self-acquired properties. ..... i suggest a distinction, not a merely fanciful, but a real distinction, between cases of which, to use the old figure, the ancestral element in the mixed fund is the root, and cases in which it is merely a later accretion; or, to change the metaphor, where it is not the source but merely a tributary of the main ..... the needs of an expanding commercial community evidently make it desirable that in cases like this, this should be done, and possibly it may be rightly done without violating the principle of the hindu .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom335
..... collector, denies his power to manage and protect the property and to create a tenancy of any kind, and treats the demise as one made by a stranger, then his case would seem to be that the defendant's possession was that of a trespasser ab initio, and time would apparently run from the date when the leases were granted. ..... does not begin to run in favour of the mokurrureedar against a zemindar until the zemindar has had notice that the mokurrureedar claims under a mokurruree grant, and in this case it was not shown that notice had been given to the plaintiffs of such a tenure twelve years before the commencement of the suit. ..... had, i think, most three years from the date of his attaining his majority in which to recover possession, and no authority has been cited to show that in such a case, time having onoe begun to ran, anything that has since occurred could stop it or give the plaintiff a new starting point. ..... which article 139 could apply, depends upon the question whether the plaintiff is or is not barred by article 144 from claiming possession in pursuance of such a tenancy, and thus in such a case the bar alleged to have arisen under article 144 is interposed before article 139 can apply. ..... the result of this and other decisions cited in budesab's case was referred to in that case by sir charles farran as certain authority for the proposition that a landlord allowing a tenant to assert the validity of an invalid lease for the statutory period of more than twelve ..... case and clayton .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1994)(45)ECC32
..... counsel, shri mondal points out the decision of south regional bench in the case of sundaram clayton wherein, the south regional bench has disallowed the modvat credit on tool kits etc. ..... at the factory gate.here, the value component of dropper is added to the value of pediatric drops for purpose of levy of central excise duty on the final product.the apex court in the case of east end paper industries held that anything which goes to render the goods marketable at the factory can be regarded as component. ..... in the result, we hold the view that following the ratio of the supreme court judgment in the case of east end paper industries and having regard to the basic concept of value addition in the modvat scheme, if the value of dropper is included in the value of the pediatric drugs and it is marketed at the ..... he also referred to the decision of the east regional bench in the case of telco -1991(32) ecr 165 to point out that tool kit and jack assembly supplied along with motor vehicles have been held to be ..... appeal with direction to restore the credit after ensuring that the value of dropper is included in the retail price of the final product declared under the drugs (price control) order in all the cases of the show cause notices covered by the impugned order.9. ..... he also referred to the decision of the supreme court in the case of jay engineering reported in 1989 (20) ecr (3) (sc) wherein the name plates attached to electric fans have been held as components of fans for purpose .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR1578
..... their lordships were referred in the course of the argument for the appellant to section 17 of specific relief act as showing that such act forbids the enforcement by specific performance of a part of the contract to renew unless the case can be brought within sections 14, 15 or 16. ..... clayton (1838) 8 l.j.c.p. ..... 59 but that case does not appear to their lordships to have any bearing. ..... the case mainly relied upon in the argument before us and dealt with in the courts below was simpson v. ..... :-cases bearing upon the apportionment of rent or referiing to covenants for repaira are not, in my opinion, in point, as they are not part material with covenants to renew, which are covenants to create new rights.8. .....
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