Court : Mumbai
Reported in : AIR1923Bom397; 74Ind.Cas.292
..... was made fraudulently and without the knowledge of the defendants, and that, apart from the kabuliyat, the defendants were entitled to the presumption on the facts found under section 83 of the land revenue code that they were permanent tenants.2. this decision was reversed in appeal, the learned judge being of opinion that the defendants' contention ..... established. it would follow then that, even without the kabuliyat, it would be rather difficult for the defendants to ask the court to give them the benefit of section 83, and hold that they were permanent tenants. the execution of the kabuliyat of 1902, in our opinion, must be taken as an admission by the defendants that ..... stand entirely on its own facts. at first, the tenant claiming to hold as permanent tenant must establish the facts which would entitle him to the presumption of section 83. but that can be rebutted by the landlord by the production of a kabuliyat. again, the effect of the kabuliyat can be destroyed by further evidence on .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom408; (1923)25BOMLR435; 73Ind.Cas.365
..... from the decision in krishna behari sen v. the corporation of calcutta holding that 'the expression personal injuries not causing the death of the party' in section 89 of the probate and administration act does not mean injuries to the body merely, but all injuries which do not necessarily cause damage to the estate of the person wronged.3. we prefer ..... calcutta i.l.r. (1904) cal. 993, where it was held by a full bench that a suit for malicious prosecution falls within the general words of section 89 of the probate and administration act, and not within any of the exceptions.2. in rustomji dorabji v. nurse i.l.r. (1920) 44 mad. 357, f.b. the learned judges ..... to agree with that decision, as otherwise we would have to read into the section the words 'physical' or 'to the body.' it has been argued that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom403; (1923)25BOMLR445; 73Ind.Cas.465
..... the contract. when it came before us in appeal it seems to us obvious that the right to claim damages against the defendant's firm could not be transferred under section 6(e) of the transfer of property act. it was merely a right to sue, and it was not a transfer of an 'actionable claim' as defined in ..... section 3 of the act, being neither a debt nor a beneficial interest in moveable property.3. the same point had to be decided by the high court of calcutta in abu mahomed v. s. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom264; (1923)25BOMLR839; 87Ind.Cas.129
..... the way of restricting its effect by the principles of construction which are often applied in such a case. thus it might be said that section 84 of the transfer of property act is a special enactment in regard to the cessation of interest on tenders in the case of mortgage transactions, which constitutes an exception to the ..... additions by way of capitalised interest should be chargeable upon the mortgaged property. such a provision is not penal so as to bring the case under section 74 of the indian contract act according to decisions of the calcutta high court, which there is no reason to question. on the other hand no action was apparently taken by ..... c), provides for the case or a mortgagee in possession being entitled to add all costs incurred 'for supporting the mortgagor's title to the property,' section 65 of the transfer of property act, on the other hand, clearly contemplates the mortgagor, and not the mortgagee, defending the former's title; and it is therefore argued that under the .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)ILR46Bom673
..... as an undivided hindu family and the specific questions put to us are as follows:(1) does the registration of the brothers as a firm as defined under section 2 (12) of act vii of 1918 preclude the assessment of the family as an undivided family to super-tax on the income derived from the business of this firm?(2) if ..... coutts trotter, j.1. this is a case stated by the chief commissioner of income-tax to the high court under section 51 of the income-tax act (vii of 1918) read with section 6 of the super-tax act, 1920. the question for decision is* whether the assessees who are the registered firm of m. doraiswami ayyangar and brothers are assessable to super-tax .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)25BOMLR908
..... 7,00,000 preference shares of the company of rs. 100 each, as expenditure incurred by the company for the purpose of making profits in its business. by section 9, sub-section 1, of this act it was provided that the tax (i.e., the income tax ) shall be payable by an assessee under the head of 'income derived from business, 'in respect ..... determined on high authority what it is that amounts to a final judgment. the facts of the case (1890) 24 q.b.d. 584 are as follows:-by section 18 of the stamp act 1870 (34 & 35 vic. c. 7) it is provided that, subject-to certain regulations (irrelevant for the present purpose), the commissioners may be required by any person to ..... the judgment is printed it is not easy to distinguish from portions of his own judgment, he refers particularly to opinions expressed by cotton l.j. in ex parte chinery (1884) 12 q.b.d. 342 with which bowen and kay l.jj. had concurred. cotton l.j. had said:i think we ought to give to the words 'final judgment .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)ILR46Bom736
..... and therefore order xxi, rule 54, clause (2) does not apply to them. mr. krishnaswami ayyar, in support of his argument, refers to the court fees act, section 7, clause v (c) and contends that 'revenue' there means revenue which is collected from ryotwari lands or from permanently settled estates and where a certain amount is ..... money payable to it for use in the ordinary course of administration. revenue, however, has not been, so far as we have been shown, defined, except in section 1, madras act vi of 1867. true, according to that provision, 'revenue' means 'assessment, quit-rent, ground rent or other charge upon the land payable to government'; and ..... in the revenue recovery act (ii of 1864) the machinery for the collection of revenue is by sections 1 and 3 explicitly applied to shrotriyamdars. the argument on the other side is however that a distinction is recognized in other statutes .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom372; (1923)25BOMLR414
..... be the exact nature of the property gold it must be 'moveable property' for the purpose of chapter vii of the indian contract act. the definition in section and sub-sections 5 and 6 of the general clauses act (act i of 1868) is applicable. the property is not 'immoveable' property within that definition, therefore it is 'moveable' property. it follows ..... shares in priority to the plaintiffs.8. sir thomas strangman for the appellants, defendants 2, began his argument by contending that as shares were goods, section 121 of the indian contract act applied so that if the vendor of the shares sold them on credit his only remedy, if the purchaser defaulted, was to sue for the price, ..... and they had no concern with the various persons through whose hands the blank transfers passed before they were filled in.12. the case of france v. clark (1884) 26 ch.d. 257 was relied upon by the advocate general. there the registered holder of shares in a company deposited the certificate with c as security for .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom305; (1923)25BOMLR689; 83Ind.Cas.856
..... , pointed to pecuniary interest. reliance was also placed on the decision in todd v. robinson (1884) 14 q.b.d. 739 where it was held, on the construction of the words 'interested in a bargain or contract' in section 193 of the public health act, 1875 (38 & 39 vic. clause 55), that they were co-extensive and identical with ..... any contract or employment with, by, or on behalf of the council'. as regards r disqualifications for voting, the language of the two acts is dissimilar; for while section 22, sub-section (3), of the english act prohibits a councillor from voting in any matter in which he has, directly or indirectly, by himself or by his partner, any pecuniary interest ..... that the resolution had been passed irregularly on grounds inter alia that it was not passed by three-fourths majority of the share-holders as required by section 51 of the companies act, 1862. kekewich j. held that one of the nine who voted for the resolution was not entitled to vote with the result that the majority .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom88; 87Ind.Cas.312
..... such gratuity. the gratuity being in the nature of a gift, it must be completed either by a registered document or by-actual payment as required by section 123 of the transfer of property act, 1882. the delivery of the cheque by the railway company to the mercantile batik though coupled with the request to send the amount to their london ..... not be attached as property belonging to the defendant. in this respect the present case is on all fours with janki das v. east indian railway company 6 a. 634 : (1884) a.w.n. 210 : 4 ind. dec. 247.3. as regards the contention that the moneys were held by the railway company on trust for the defendant i' do ..... that the railway company expressly declared itself to be a trustee. but it was said that the language used in the correspondence 'was such that taken in connection with its act,?, namely, the sending of the cheque to the mercantile bank with instructions to the bank to remit the amount to the railway company's london office, showed an intention .....
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