Court : Mumbai
Reported in : (1922)24BOMLR88; 67Ind.Cas.253
..... on the defendant said 'i admit the claim and am willing that a decree should be passed against me accordingly' it is perfectly obvious that under section 12 of the dekkhan agriculturists relief act the court would be bound to record in writing its conclusions as to whether the admission was true and made by the debtor with a full knowledge ..... . 190 : 12 bom. l.r. 1025, the parties proposed certain terms to the court and asked for a decree, but the terms were at variance with section 15b of the dekkhan agriculturists' relief act and the subordinate judge referred the question to the high court whether he could pass a decree in such terms although the parties asked him to do ..... pass a decree under what is now order xxiii, rule 3, provided the provisions of the rule have been complied with. in gangadhar sakharam v. mahadu santaji i.l.r (1884) bom. 20, it was held that where a matter had been referred to arbitration, without the intervention of a court of justice, by parties, one of whom was an .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR118; 66Ind.Cas.979
..... the assessing officer is not entitled to allow any deduction for sums paid or debited other than those properly paid and debited as detailed in sub-section (2),3. no.4. 'profits' in the act means chargeable income.17. the bank will have to pay the costs of the reference.shah, j.18. on this reference the position appears to ..... the profits, and any other debits for depreciation would not come within this category. it seems to me, therefore, that in construing sections 5 and 9 of the act, chargeable income is synonymous with profits and section 9(2) prescribes how those profits are to be ascertained. from the gross income only certain debits for depreciation are to be allowed ..... when market values had declined without writing them up when values had increased.16. i would answer the questions propounded in the reference as follows :-1. profits in section 9 of the act mean chargeable income and must be computed from the gross income after allowing for the sums paid and debited as detailed in sub .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR5
..... that all pratilomajas are bad (asanta) and anulomajas are good (santa,).17. further, while speaking of the shares of sons belonging to different classes in chapter 1, section 8 (in the chapter on dayavibhaga in the (mitakshara), there is provision made for sons born of anuloma marriages, but there is no provision for pratilomajas (see stokes ..... ' hindu law books, p. 402, mitakshara, chap. i, section 1, paragraphs 4 to 6). that indicates the validity of and not prohibition against anuloma marriages. i refer to these provisions only for the purpose of the present point ..... nandubai with the defendant. though there is no evidence on the point, under the circumstances it is not unlikely that at least in the beginning nandubai was acting with the knowledge and acquiescence of dhangavri-and perhaps of the father of the girl-and it is also not unlikely under the circumstances that the parties .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR131
..... holdings, of which serial no. 1 forms a part, are at the disposal of the khot or only that part of the land which is transferred. the section as amended by bom, acts viii of 1912 and iv of 1913 runs as follows:-if the land held by a privileged occupant lapses for failure of heirs or is forfeited on the ..... and 1913. the survey numbers have been described as appertaining to four different khatas, and it is claimed for the plaintiff that in virtue of the provisions of section 10 of the khoti settlement act, as it stood at the date of this transfer by way of mortgage, all the lands constituting these different khatas, of which the land, referred to ..... words 'or any portion thereof' are redundant and meaningless. if these words are omitted from that clause, all the clauses of the section of the act of 1912 are harmonious and consistent. it is the unskilful draftsmanship of the section of 1912 that is the cause of the obscurity. and this was not remedied in 1913 when the word 'his' was substituted .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)25BOMLR121
..... the gift void ; so that even on this hypothesis the respondent is not seeking to restore the property to the trust but to take it away, and consequently section 10 is inapplicable. it follows, therefore, that the respondent is unable to escape from the general effect of the limitations ordinance, and that this suit was instituted ..... the property was vested in trust for a specific purpose in which the next of kin was in any way interested. a specific purpose, within the meaning of section 10, must, in their lordships' opinion, be a purpose that is either actually and specifically defined in the terms of the will or the settlement itself, or ..... virtue of the limitations ordinance which exists in the straits settlements. the ordinance in question is ordinance no. 6 1896. this provides by section 4 that:subject to the provisions contained in sections 5 to 25 inclusive, every suit instituted after a period of limitation prescribed therefor by the second schedule hereto shall be dismissed provided .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR50
..... . the applicant has applied to us under our revisional powers to set aside the conviction and sentence. the learned magistrate has given no reasons for his decision.2. section 10 of the act provides that (1) the owner of every motor vehicle shall cause it to be registered in the prescribed manner, and (2) that such registration shall be valid ..... in which certificates of registration shall be valid.3. rule 6 of the bombay motor vehicles rules, 1915, framed by the local government under its powers given by section 11 of the act provided that subject to the provisions contained in sub-rule (2) of rule 13, no motor vehicle should be used unless it had been first registered by the ..... the authorities as a person who had not caused his motor vehicle to be registered in the prescribed manner, and in order to come within the provisions of section 10 of the act he was liable to be charged with a fresh fee before he could get his certificate renewed.11. now it is contended by the applicant that the .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)25BOMLR173
..... an analogous case i may refer to the one where 'monies expressed to be payable in british currency are payable in india,' under an order of the privy council. under section 610 of the former code of 1882, these were to be 'estimated according to the rate of exchange for the time being fixed by the secretary of state for india ..... converted at the rate of exchange ruling upon the said february 23, 1921, with costs and interest on judgment.2. the judgment is conclusive under section 13, civil procedure code, none of the exceptions specified in that section applying.3. the only question raised by mr. wadia for defendants is that the rate of exchange, at which the two sums should be converted into .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR178
..... to say, was it passed in the exercise of authority given to it as a revisional or appellate body under the rules of the municipality in force under section 46 of the act in this particular case the application of chunilal, which was made to the vice-president and by him submitted to the municipality, complains of the order granting ..... in the rules is practically one given to 'any person deeming himself aggrieved' by the order complained of. as an analogous case, reference may be made to section 269 of the public health act of 1875 (38 & 89 vic. c. 55) giving a right of appeal to such a person from any order including an order of the kind now ..... of 1901 could be delegated by the municipality to its public works committee. that is a committee appointed under section 29 of the act, and it follows that the provisions of sub-section (2) of section 36 of the act cover the order passed by the public works committee, on the 22nd march 1917, giving the appellant the permission he had applied for, .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)ILR46Bom177
..... in favour of the zamindar, i agree with my lord and my brother coutts trotter, j., that the remedy of the zamindar is to proceed under section 27 of the proprietary estates village service act (act ii of 1894). having regard to the terms of the cowles which are not mere transfers of the melvaram without any transfer of interest in the lands ..... still being received from, the ryots to provide for the payment of the village officers, that is, the 9 per cent. this would be most inequitable and hence section 27(4) of the act provides as follows: 'if, in any case, the rent payable to a proprietor in respect of any land has been fixed under an agreement subsisting on the date ..... statute in which they occur. i only desire to add this that i am not prepared to hold that the learned judges, who decided subbaraya v. srinivasa i.l.r. (1884) mad. 580 and baskarasami v. sivasami (1885) i.l.r. 8 mad. 196., were wrong.kumaraswami sastri, j.6. if the cowles can be construed to be assignments by the .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR700
..... such to the obligations of the firm.25. but all the property of the firm vested in the receiver on the making of the order of adjudication (provincial insolvency act, section 16), and if any part of it has got improperly into the possession of the minor, the right to recover it is in the receiver. this is not disputed ..... however, an adjudication against the adult brothers 'they being the members of the firm bhuban mohan mandal and nil ratan mandal.'10. a receiver was appointed under section 18(1) of the act, and the property of the insolvents thereupon vested in him. he was ordered to realise not only the four-fifths share of the insolvents in the joint ..... there said. in the high court, however, reliance was evidently placed on the indian contract act, for its provisions are mentioned and discussed. it becomes necessary, therefore, to examine the act so far as it bears on the question now in contest.20. section 247 provides that a person who is under the age of majority according to the law .....
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