Court : Mumbai
Decided on : Mar-04-1949
Reported in : AIR1949Bom337; (1949)51BOMLR515
..... accept the averments made by the plaintiffs in the plaint.5. in my opinion, therefore, this is clearly a suit which does not fall within the purview of section 50 of bombay act lvii of 1947 and, therefore, this court has jurisdiction to try the suit. the order, therefore, made by the learned judge that this suit should be transferred ..... received from the plaintiffs. with regard to defendants nos. 3 to 7, who put in a joint written statement, their contention was that after the tenancy terminated on the explosion having taken place, the plaintiffs were no longer the tenants of the defendants but they were mere licensees, and the defendants required the plaintiffs as a term of the ..... of 13 months during which the tenancy was to continue. according to the plaintiffs it was also agreed that with regard to the tenancy of certain months anterior to the explosion for which the plaintiffs had not paid rent, they should pay a pugree of rs. 60 a month for 5-ir months, which came to rs. 345. according .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-1949
Reported in : AIR1950Bom144
..... ariff 39 i. a. 237 : 40 cal. 1 p.c.. in that case a certificate of incorporation of a company issued under section 41, companies act, 1882, (corresponding to section 24 of the act now in force) was sought to be challenged. the circumstances of the case were somewhat unusual. a wealthy gentleman wishing to transfer his property ..... requisitions which require legal determination in my opinion their lordships wore not dealing with this question. one of the requisites that a company must satisfy under section 5, companies act is that its objects must be lawful. can it be said that if a company was formed for unlawful objects the certificate of registration can prevent ..... to a contrary conclusion. in support of his contention he drew my attention to the definition of 'evidence' in section 3 and of 'conclusive proof' in section 4, evidence act and also to section 112 of that act which provides that the birth of a child during marriage is conclusive proof of legitimacy. i must confess my inability .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-27-1949
Reported in : AIR1951Bom205; (1950)52BOMLR688
..... not exist therein for the purpose of giving effect to the obvious intention of the legislature.8. i may incidentally refer to the provisions of section 9, income-tax act, 1922. under that section tax on property is payable by an assessee in respect of 'property consisting of any buildings or land pertaining thereto of which he is the ..... belongs to thelessee and not to the lessor.4. but it is urged in this case that although this may be the correct position under section 108(h), t. p. act, the act applies to cases where there is no agreement to the contrary. i have, therefore, to consider the provisions of the agreement to lease as well ..... ownership of' though not necessarily 'of the absolute ownership of.' these words have been interpreted in cases that have arisen for determination in the english courts under section 557, merchant shipping act, 1894, which provides that if salvage services are rendered by any ship 'belonging to her majesty' no claim shall be allowed for any loss, damage, etc .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-1949
Reported in : AIR1950Bom61
..... dividend cannot be recovered from the assessee company itself. now, in this case the income-tax officer had acted under section 18(3a) and section 18(3c). section 18(3a) casts an obligation upon any person responsible for paying to a person not resident in british india any interest not being 'interest on ..... to take the agreement between the state and the assessee company into consideration, the income-tax officer was fully competent to make the necessary order under section 23(a) of the act.8. with regard to the second question, sir jamshedji contends that the share-holders are not liable to pay any dividend and therefore such a ..... dealing with income-tax references is an advisory jurisdiction. it is a strictly limited jurisdiction and the limits of that jurisdiction are clearly laid down in section 66 of the act. the nature of that jurisdiction is to advise on questions of law that arise out of orders made by the appellate tribunal, and the advise that .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-12-1949
Reported in : AIR1950Bom127; (1949)51BOMLR1020
..... the proceedings.2. such a question has not arisen for determination either in england or in india for the simple reason that both under section 4, english arbitration act, and under section 19, arbitration act of 1899, a step in the proceedings taken 'at any time after appearance' disqualifies the defendant from applying for stay, with the result ..... may say so with respect, these observations, so far as they go, are unexceptionable; but they do not obviously cover some acts which unquestionably are steps in the proceedings. for example, the section itself, when it refers to 'before filing a written statement or taking any other steps in the proceedings', clearly indicates that filing ..... that it prevented the defendant from applying for a stay of the suit. section 34, arbitration act of 1940, which takes the place of section 19 of the act of 1899, omits the words 'at any time after appearance' and the relevant words of the section now are:'any party to such legal proceedings may, at any time .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-05-1949
Reported in : AIR1950Bom217; (1950)52BOMLR40
..... but that the names of dr. jivraj mehta and casamalli munjee should be included.5. turning to the law on the subject, when we look at the indian companies act, under section 184, power is given to the court as soon as may be after making a winding up-order to settle the list of contributories and the power is also given ..... to this: has the appellant established that there was on the part of the company some omission which gives him a right to ask for a relief under section 38 of the indian companies act?7. it is urged by mr. rege that both casamalli munjee who was the chairman of the board of directors and mr. jhaverj who wag the secretary ..... to rectify the register of members. but that power is limited to those cases where rectification is required in pursuance of this act, and the only section which empowers the court to rectify the register of members is section 38. that section provides for two cases in which the rectification of the register may be made and those two cases are:(a) where .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-01-1949
Reported in : AIR1950Bom234; (1950)52BOMLR135
..... which are filed, exhibited or recorded in any court of justice other than the courts referred to in chap, ii, court-fees act is provided for in schedules i and ii, court-fees act. section 6, court-fees act provides as follows:'except in the courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the first or ..... document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.'4. section 7, clause. (1). court-fees act provides for payment of court-fee on plaints in suits for money according to the amount claimed. schedule i, clause (1) indicates the court-fee payable ..... filed, exhibited or received. no ground is suggested for excluding the jurisdiction of the poona court to demand court-fee which by reason of the provisions of section 6, court-fees act, the plaint was required to bear and which it obviously did not bear. the fact that it is not by reason of a voluntary .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-14-1949
Reported in : AIR1950Bom33
..... collector justified in proceeding to apprehend and confine the defaulter in a civil jail. he emphasised this point by referring to the recent amendment of section 13 of the act by section 2 of bombay act xlix [49] of 1947, which makes it clear that even in respect of sale of property belonging to the defaulter, only so much ..... under decrees passed against them. it was urged that the provisions of the civil procedure code should consequently be deemed to have been incorporated in the bombay city land revenue act. section 58, civil procedure code, provides that the maximum period for which a debtor may be detained in a civil jail shall be six months. it was, therefore, contended ..... . the income-tax authorities, therefore, wrote to the collector of bombay and asked him to recover the amount in the manner provided in section 46, income-tax act. sub-section (2) of this section empowers the collector to recover the amount as if it was an arrear of land revenue, or as if a decree for that amount .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-30-1949
Reported in : AIR1950Bom243; (1950)52BOMLR236
..... functions of a collector under this act. section 4 of the act provides for the publication of a preliminary notification if the local government is of opinion that any land is needed for any public purpose. it also ..... . in order to determine whether the government has any locus standi in these proceedings, it is necessary to consider the provisions of the land acquisition act. under section 3(c) of that act the expression 'collector' has been defined as meaning the collector of a district and any officer specially appointed by the local government to perform the ..... at the rate of 4 percent per annum. all these provisions to my mind make it abundantly clear that after the government has made a declaration under section 6 of the act, they drop out of the proceedings completely and it is only the collector who is entitle to appear on the reference.3. mr. banaji on .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1949
Reported in : AIR1950Bom213; (1950)52BOMLR62
..... , the petitioner applied to the chief presidency magistrate for the return of this deposit under section 7 of that act and the learned chief presidency magistrate made an order on 26th july ordering the refund of the deposit. in the meanwhile, an order was issued by the ..... bombay dated 20th july calling upon the appellant to cease publication of his paper from 23rd july to 22nd september 1949. this order was issued under section 9a, bombay public security measures act, 1947, and it is this order that is complained of by the appellant and it is with regard to this order that a writ of certiorari ..... declaration before the chief presidency magistrate and the chief presidency magistrate made an order calling upon him to deposit a sum of rs. 1,000 under section 7 (1), press (emergency powers) act. this was some time in april 1949, and the petitioner carried out the order by making the necessary deposit. in the third week of july 1949 .....
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