Court : Mumbai
Decided on : Mar-02-1949
Reported in : (1949)51BOMLR578
..... record his reasons for passing an order of discharge is not quite correct. in a warrant ease, an order of discharge is passed either under sub-section (1) of section 253, when upon taking all the evidence produced in support of the prosecution the magistrate finds that no case against the accused has been made out, ..... of an offence, who has been discharged. reliance is placed on section 369, criminal procedure code, which provides that no court shall alter or review a judgment after it has been signed, except to correct a clerical error. the word ' ..... , the magistrate became functus officio, and that he could not re-hear the complaint, unless his order had been set aside by a superior court, under section 436, criminal procedure code, which empowers a sessions judge or a district magistrate to direct any subordinate magistrate to make further enquiry into the case of any person accused .....
Tag this Judgment!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 : Mar-07-1949
Reported in : AIR1950Bom76
..... he wanted to be registered as a receiver in respect of these shares to which the defendant reddy was entitled, very serious difficulties came in his way, because under section 33, companies act, the company was not bound to take notice of any trust, express, implied or constructive, and if the company registered b. k. desai, receiver, as a ..... more than one application, we refuse to countenance the suggestion that the company could by any letter of its restrict the statutory right given to the share-holders under section 105c to apply for all the shares allowed to him till the time limit stated in the notice had expired. therefore, in my opinion, reddy had the ..... there is a new issue of shares is to be determined by a true interpretation of section 105-c, companies act. this is a new section which has been introduced into our act, and there is no parallel to be found in the english companies act. section 105-c makes it incumbent upon the directors when they decide upon increasing the capital .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-07-1949
Reported in : (1949)51BOMLR529
..... to be registered as a receiver in respect of these shares to which the defendant reddy was entitled, very serious difficulties came in his way, because under section 33 of the indian companies act, the company was not bound to take notice of any trust, express, implied or constructive, and if the company registered b.k. desai, receiver, as ..... in more than one application, we refuse to countenance the suggestion that the company could by any letter of its restrict the statutory right given to the shareholders under section 105c to apply for all the shares allowed to him till the time limit stated in the notice had expired. therefore, in my opinion, reddy had the ..... a new issue of shares is to be determined by a true interpretation of section 105-c of the indian companies act. this is a new section which has been introduced into our act, and there is no parallel to be found in the english companies act. section 105-c makes it incumbent upon the directors when they decide upon increasing the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1949
Reported in : AIR1949Bom339; (1949)51BOMLR510
..... examination of a director-and sir fazal was a director of the company with which we are concerned in this case-is founded on section 196 of the indian companies act. that section provides that 'when an order has been made for winding up a company by the court, and the official liquidator has applied to ..... to the public examination was first introduced into the english company law by the companies winding act of 1890 and section 8(2) corresponds to section 177bf2) and section 8(3) corresponds to section 196 of our companies act. it is very significant to note that section 8(3) speaks of 'the court may, after consideration of any such report', any ..... reference whatever to the report which the official liquidator has got to make under section 177b. when we turn to the english companies act, which is in force today, we find that section 182 corresponds to section 177b and section 216 corresponds to section 196, and section 216 provides that 'where an order has been made in england for winding up .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-1949
Reported in : 1950CriLJ95
..... is thus not free from doubt but it is not one which calls for determination in this proceeding. the definition of 'temple' in section 2 (b), c. p. & berar temple entry authorization act, 1947 is:a place, by whatever name known and to whomsoever belonging, which is used whether temporarily or permanently as a place of religious ..... the temple and worship therein were denied to the harijans and that for the purposes of the act they came within the ambit of the term 'excluded class' as defined in section 2 (a). persons belonging to such class are under section 3 (1) entitled since 2nd november 1947 to enter any temple and offer worship therein in ..... orderhemeon j.1. the applicant shridhar krishnarao date was convicted and sentenced to pay a fine of section 100 under section 6 (1), central provinces and berar temple entry authorization act, 1947, by the second class magistrate, wardba and his appeal was dismissed by the additional district magistrate, wardha. he has now come up in revision .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-11-1949
Reported in : AIR1949Bom373; (1949)51BOMLR573
..... 83 feet from the firing-floor level as per requirement of smoke nuisance department and committed breach of rule 20 of the bombay smoke nuisance act of 1912 under section 9(1) of the said act.it would thus appear that the charge against the accused was for having contravened the provisions of rule 26 of the smoke nuisance rules. ..... the charge against him was of non-compliance with the requirements of rule 26 of the smoke nuisance rules. we think that this submission must be accepted. under section 8 of the act :'furnace' means any furnace or fire-place used-(a) for working engines by steam, or(b) for any ether purpose whatsoever :provided that no furnace or ..... density, or at a lower altitude, or for a longer time, than is permitted by rules made under this act, the owner of the furnace shall be liable to line (which is prescribed in that section).section 11 of the act empowers the provincial government to frame rules, inter alia, to(f) prescribe the altitude below which smoke may not .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-1949
Reported in : (1949)51BOMLR964
..... proving that this was a commercial loan.13. there remains the further question of whether the mortgage suit in the present case is a suit to which the act applies within section 86 of the act. section 2(22) defines such a suit as being a suit or proceeding instituted or filed on or after january 1, 1930, or pending on that date. ..... objection on the principle laid down by this board in rajah amir hussan khan v. sheo baksh singh (1884) i.r. 11 i.a. 237 and balakrishna udayar v. vasudeva aiyar and now firmly established, that a subordinate court does not act illegally or with material irregularity because it decides wrongly a matter within its competence. a court has jurisdiction ..... ) or sub-section. (6) of section 115 of the code, and sub-section (c) of the section can be ignored.babu ram v. munna lal i.l.r. (1927) all. 454 and hari bhikaji v. naro vishvanath i.l.r. (1885) bom. 432 disapproved.rajah amir hussan khan v. sheo baksh singh (1884) l.r. 11 indap 237 and balakrishna udayar v. vusudeea .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-1949
Reported in : (1949)51BOMLR675
..... statute. but as i read the judgment of the privy council, it is not on the construction of any particular section that these observations of the privy council are based. the privy council has laid down a general principle which is as much applicable to the british columbia taxation ..... as the risk insured against materialized.4. sir jamshedji has attempted to distinguish this case on the ground that the privy council was considering the british columbia taxation act and it would be unwise to apply those observations of the privy council based upon the construction of one taxation statute to the provisions of a different taxation ..... act as to our own income-tax act, because the definition of 'income' under our act is a very wide one and it covers innumerable cases. i am, therefore, of the opinion that the amount received by .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-23-1949
Reported in : AIR1950Bom51
..... the lessees paid the lessor for that species of occupation which the contract between them allowed and it was, therefore, income from other sources within the meaning of section 12 of the act. of course it is to be noted that in this case the privy council was looking at the matter from the point of view of the vendor and not .....
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