Court : Mumbai
Reported in : AIR1924Bom219; (1924)26BOMLR118
..... . lastly, he argued that if the first two points were decided against him, he would still contend that the respondent could not claim the benefit of section 10(a) of the act, because that section was not in force at the date of the transaction in suit, namely, april 27, 1005. he contended that under the full bench decision in sawantrava ..... the two questions referred to us were answered against him, it was still open to him to urge that the respondent could not claim the benefit of section 10(a) of the act. after the above expression of opinion by the full bench, the appeal was finally argued before the division bench consisting of shah and crump jj., on ..... v, vi and vii so far as they relate to village munsiff's and conciliators is sufficient to constitute such a person an agriculturist within the meaning of section 2?2. the act, as now in force, after reciting in the preamble that 'it is expedient to relieve the agricultural classes in certain parts of the dekkhan from indebtedness,' enacts .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR308
..... adoption of a son. his natural son had died, and the adoption was made a few weeks before his death. had narayan not been a leper, this natural and proper act could not have been challenged.4. in the opinion of the board, no question of fact arises on this appeal. it appears to be definitely concluded by both of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom339; (1924)26BOMLR237
..... , the payment being made by the central bank to the liquidators.4. the liquidation, therefore, was to be carried out under the provisions of section 213 of the indian companies act and was of an entirely different nature to an ordinary liquidation in which the liquidators would have to realise the assets of the company, inquire into ..... dismissed with costs, the judge remarking that in the circumstances of the case he thought the presentation of that petition was improper.2. under section 207, clause (ix), of the indian companies act the court has power in the voluntary winding up of a company on cause shown to remove a liquidator. what should be the measure of ..... the liquidators, who are the appellants before us, is right. i shall state briefly the reasons for my conclusion, without recapitulating the facts.14. under section 207(ix) of the indian companies act the court has the power to remove a liquidator 'on cause shown'. the expression 'on cause shown,' as used in the corresponding .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR557
..... chand. they belonged to a family of brahmins which came from kashmir and settled in amritsar in the punjab, and section 5 of act iv of 1872, the punjab laws act, 1872, as amended, applied to that family of kashmir brahmins. by that section it is, so far as is material to this suit and appeal, enacted as follows:--5. in questions regarding succession ..... , in cases where the parties are hindus, except in so far as such law has been altered or abolished by legislative enactment, or is opposed to the provisions of this act, or has been modified by such custom as is above referred to. 6. the adoption alleged in this suit to have been made was an adoption applicable by custom to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom361; (1924)26BOMLR366
..... or vocation. we are, therefore, thrown back on the question: what was mr mellor's total income for the previous year? it is unfortunate that the drafting of the act has rendered it possible for the most ingenious arguments to be raised on the question how an individual partner in a registered firm is to compute his total income for ..... means the total amount of income, profits and gains from all sources computed in the manner laid clown in scetion 16. that section only lays down that on computing the total income certain exemptions allowed. in previous sections shall be included, and dividends shall be increased by the amount of income tax payable by the company concerned. in other words ..... of the year ending september 30, 1921. if the firm had not been registered then it would also have been liable to pay super-tax under scetion 55 of the act, and consequently any new member who might have come into the firm since september 30, 1921, would be liable as a member of the firm to pay super-tax. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom390; (1924)26BOMLR395
..... pleader is the party's agent and if the pleader is negligent the party must suffer. but i think that even a diligent pleader might overlook an obscure section in an amending act which had come into force only a few months before he was consulted.43. no doubt a mistake of law is per se, no ground for excusing ..... recognized the practice of courts in india to treat the diligence of the party as the chief teat for the guidance of the court's discretion under section 5 of the indian limitation act.44. the english courts at one time followed a stricter rule in eases where wrong advice has been given by counsel: see inter-national financial. ..... local pleaders advice was erroneous. now i think it clear that the question whether this delay can be excused is a matter of judicial discretion. under section 5 of the indian limitation act, an application for leave to appeal may be admitted after the prescribed period of limitation, when the applicant satisfies the court that he had sufficient cause .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom440; (1924)26BOMLR380
norman macleod, c.j.1. the petitioner in this case applies to the court under section 115 of the code of civil procedure. he was a minor and applied through his next friend for permission to sue as a pauper. the minor claimed that he had .....
Tag this Judgment!Court : Mumbai
Reported in : 80Ind.Cas.748
1. the petitioner in this case applies to the court under section 115 of the code of civil procedure. he was a minor and applied through his next friend for permission to sue as a pauper. the minor claimed that he had .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR509
..... immunity, such as it is, gained by the lapse of twelve years after the date of an apparent adoption, amounts to acquisition of title within the meaning of section 2 of the act of 1877.their lordships think that the appeal may be disposed of on this short, ground, whether the alleged adoption was or was not an apparent adoption to ..... words 'a suit to obtain a declaration' are terms of art. they relate back to the specific relief act passed in the same year 1877, being act no. 1 of that year, whereas the limitation act is act no. 15. section 42 of the specific relief act deals with declaratory decrees, and the illustration (letter f) is much in point:-a hindu widow in ..... 1877 did not apply because the appellant relied on title acquired before the passing of the act of 1877, and his rights were therefore saved by section 2 of that act. he admitted that, if the act of 1877 applied, his client was out of court.their lordships are unable to accede to mr. cohen's argument. giving full effect to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom412; (1924)26BOMLR541
..... importance to him in bombay as against the liquidator who would have jurisdiction in regard to this land although it is outside bombay. (compare the proviso to section 17 of the presidency towns' insolvency act, 1909). even if, as ruled in webb v. macpherson i.l.r. (1903) cal. 57 the plaintiff has a statutory charge upon the land different ..... proviso that this court has a jurisdiction in personam similar to that exercised by a court of equity in england, and by a moffussil court under the proviso to section 16 of the civil procedure code of 1908. if this distinction is borne in mind, it seems to me that much of the difficulties and of the apparent inconsistencies that surround ..... ld. v. empire coal co. ld. i.l.r. (1915) cal. 942. the provisions of this section 5 were changed in the next code of civil procedure, act x of 1877, section 16 of which was enacted in almost the same terms as the present section 16 of the code of 1908. this in effect gives a definition of the expression 'suits for .....
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