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Satyavart Sidhantalankar Vs. the Arya Samaj

Court : Mumbai

Reported in : AIR1946Bom516; (1946)48BOMLR341

..... . 426. the house of lords reversed the decision of the appeal court and restored the decision of farwell j. and held that a trade union, registered under the trade union acts, 1871 and 1876, can be sued in its registered name. i need not refer at length to the speeches of the noble law lords there. it is necessary only to refer ..... court is reported in taff vale railway v. amalgamated society of railway servants [1901] a. c. 426. the appeal court held that a trade union, registered under the trade union acts, 1871 and 1876, could not be sued under its registered name and reversed the decision of farwell j, a. l. smith m. r. observed (pp. 173, 175, 176):there can, in ..... it may be sued in its registered name; and this, as the learned judge states-and in this i also agree-depends upon the true construction of the trade union acts of 1871 and 1876.when once one gets an entity not known to the law, and therefore incapable of being sued, in our judgment, to enable such an entity to be .....

Abdul Karim Fateh Mahomed Vs. the Municipal Officer, Aden

Court : Mumbai

Reported in : (1907)ILR27Bom374

..... courts subject to its superintendence.' the result is that, as pointed out by green, j., in pirbhai khimji v. b.b. & c.i. ry. co. (1871) 8 bom. h.c.r. 59, taking the act and the letters patent together, 'the high court has superintendence where it has appellate jurisdiction, and has appellate jurisdiction where it has superintendence.' the view taken ..... the sake of greater caution, and it is quite possible that the legislature in framing the presidency small cause courts act of 1883 had in mind the decision of mr. justice green, which was delivered in 1871, for instance, section 6 of act xv of 1882 declares that the high court shall have, in respect of the small cause court, the same ..... if the high court has that power. in pirbhai v. b.b. and c.i. railway co. (1871) 8 bom. 4214, mr. justice green held that the bombay court of small causes, as constituted under act ix of 1850 (amended by act xxvi of 1864, section 7), must be considered to be subject to the superintendence of the high court for .....

Keval Kuber and anr. Vs. the Talukdari Settlement Officer and Gagubhai ...

Court : Mumbai

Reported in : (1877)ILR1Bom586

..... , at all events since jiva's death, that possession must be regarded as adverse to the talukdar. his right to resume or to assess the land is, consequently, barred by act ix of 1871, section 29, and article 130, schedule ii.9. for these reasons we reverse the decree of the courts below, and allow the claim, with costs on defendants throughout.

Kharshetji Ratanji Bomanji Vs. Kekobad S. Khambatta

Court : Mumbai

Reported in : AIR1928Bom194; (1928)30BOMLR473

..... be destroyed and not the materials of which the will is 'composed. the learned judge deciding the case of in the goods of john woodward i.l.r. (1871) l.r. 206 lays down that merely tearing out part at the commencement does not revoke the rest of the will. all that the testatrix has done in ..... meaning of the section. mr. justice woodroffe and mr. justice mookerjee concurred with the finding of the chief justice. and mr. justice mookerjee says (p. 310) :-what acts of tearing, burning, cancelling or obliterating are sufficient to constitute a total or partial revocation, must depend, to a considerable extent upon the circumstances of each case.12. the ..... same? mr. vachha, the learned counsel for the petitioners, states that to bring the words 'otherwise destroyed' within the purview of the authorities there must be an act of destruction, symbolical destruction not being sufficient, and that the court was bound to look at the state and condition of the instrument and see whether anything appeared .....

The Government of Bombay Vs. Dashrath Ramnivas

Court : Mumbai

Reported in : AIR1945Bom265; (1945)47BOMLR145

..... police. whether this somewhat surprising result was intended by the legislature or is required by the wording of section 164 read with section 26 of the indian evidence act, it is not necessary to consider. it does appear that the fact that no confessional statement was recorded by the chief presidency magistrate, although the accused was ..... . mr. daphtary urges on behalf of the crown that this is a misdirection which has affected the verdict of the jury. under section 24 of the indian evidence act, an accused person's confession, which is not voluntary, is irrelevant in criminal proceedings. in a trial by jury, section 298 of the criminal procedure code requires the judge ..... enabling the coroner to record a statement of a confessional nature made before him by a suspect in inquest proceedings, because under section 26 of the indian evidence act all confessions by persons in police custody must be made in the immediate presence of a magistrate. it does not mean that because a coroner is a .....

The State of Bombay Vs. Shirish V. Pai and ors.

Court : Mumbai

Reported in : AIR1959Bom6; (1958)60BOMLR822; 1959CriLJ30; ILR1958Bom847

..... these applications raise an interesting point of law and the point raised is : is the coroner appointed under the coroners act, 1871 (act no. iv of 1871), a court within the meaning of the contempt of court act, 1952 (act no. 32 1952)? the circumstances under which this point has arisen may be briefly stated. 2. certain articles and ..... now, the principal defence taken by all the opponents while resisting these applications is that the coroner appointed under the coroners act, 1871, is not a court within the meaning of the contempt of courts act, 1952, and that, therefore, the printing and publication of the abovementioned writings cannot amount to a contempt of court. ..... of england, hailsham edition, volume viii, p. 526 : 'many bodies are not courts, although they have to decide questions, and in so doing have to act judicially, in the sense that the proceedings must be conducted with fairness and impartiality.' it is clear, therefore, that although the coroner, in the discharge of his .....

Dalichand V. Parekh Vs. Mathuradas Ravji and ors.

Court : Mumbai

Reported in : AIR1958Bom428; (1957)59BOMLR1066; ILR1958Bom218

..... . 9 ind cas 116. the english decisions on the subject have there been considered and ultimately the ruling in piercy v. fyuney (1871) 12 eq. 69 to the effect that a partner has no implied authority to discharge a separate debt of his own by agreeing that ..... of rs. 2013-1-6 by way of set oif is binding on roy and co. under section 19 of the indian partnership act, an act of a partner which is done to carry on, in tbe usual way, business of the kind carried on by the firm, ..... the test applied is whether the discharge of his personal liability by setting it off against a debt due to his firm is an act falling within the ambit of his implied authority. the learned judges. of the calcutta high court in baikunta nath's case (a) ..... dissolution of the firm and for settling the accounts, the notice stating, inter alia, that the said other partners should not do any act on behalf of the partnership without his consent. on receipt of this notice, salarnatrai sent the manager of roy and co., one kanaiyalal, .....

State of Maharashtra Vs. Madhusudan and ors.

Court : Mumbai

Reported in : II(1993)DMC10

..... of the marriage. thus, the subsequent demand during the continuous process of marriage would be continuous offence under the provisions of section 4 of the dowry prohibition act. if the demands of dowry are made at the different places, the courts under whose jurisdiction the said demands are made and each offence being an independent ..... the demand of rs. 50,000/- to come to the conclusion that whether those circumstances would come under the preview of section 4 of the dowry prohibition act. similarly, it has not considered whether the sessions court, trying the accused for the major offences punishable under the provisions of indian penal code is precluded ..... findings of acquittal against the respondents/accused for the offences punishable under section 306 of the indian penal code and under section 4 of the dowry prohibition act, according to the learned counsel for the appellant/state, the learned trial judge has not appreciated the facts and circumstances, as also the legal provisions in .....

Mumbai Kerosene Dealers' Association and Others Vs. The State of Mahar ...

Court : Mumbai

..... every case the exact meaning of the word "due" will depend upon the context in which that word appears. 9. in the case of hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. air 1933 pc 63 the privy council was required to interpret the words "money due" under section 186 of the companies ..... does not dispute that recovery of tax by coercive means is contemplated in tax legislations. further, any dues payable to the government is also recoverable under the revenue recovery act, 1890. 19. this legislation enables recovery of public demands. any arrear of land revenue or a sum recoverable as an arrear of land revenue and payable to a ..... the excess amounts charged in the government treasury. mr. mattos would submit that this is an unjust enrichment by the wholesale dealers. any sum unjustly retained or any act by which parties like the petitioners are unfairly and unjustly enriched should not be permitted and the money retained but must be deposited in the government treasury. for that .....

Mrs. Khairunnissa A.K. Siddiki Vs. the Municipal Corporation of the Ci ...

Court : Mumbai

Reported in : (1965)67BOMLR903

..... any other proceeding a suit even if it is a proceeding instituted in a civil court, if it is not done by a plaint. in hansraj gupta v. official liquidators, dehra dun mussoorie electric tramway co , s.c. 35 bom. l.r. 319 the privy council had to deal with the meaning of the word 'suit' as used in section ..... 54 and vajeram v. purstiotumdas. again it may apply even to writ petitions which cannot be countenanced.13. we are also not satisfied that the tribunal under the motor vehicles act, acts as a court. it is undoubtedly true that, till 1960, in respect of such a cause of action, a suit could be filed. it is only in about 1960 ..... the object with which it appears to have been passed.we think the same principles apply in construing the notice. moreover, under 8. 501 of the bombay municipal corporation act, the municipal commissioner and the general manager have to make payment of any compensation claimed by a person with the sanction of the respective standing committees. therefore, the notices .....