Court : Mumbai
Decided on : May-24-1949
Reported in : AIR1950Bom12; 1950CriLJ254
..... declared unlawful on pain of penalty. if the members chose not to desist, then the penalty is incurred. for the purposes of the application of section 17 (1) criminal law amendment act, the courts take judicial notice of the notification and then examine the evidence showing whether a or b took part or not in a manner prohibited ..... is open to me to declare the notification ultra vires because there is no proof of such danger and that in any event the conviction under section 17 (1), criminal law amendment act cannot be sustained because in a criminal prosecution all the ingredients of the offence have to be proved. a large number of cases were cited ..... the facta are admitted. the provincial government declared the organisation called the rashtriya swayam bewak sangh (shortly r. s. s.) as an unlawful body under section 16/16, criminal law amendment act, the members of the sangh tried for a time to get the ban lifted but thereafter they decided to resume the activities and to offer satyagraha. .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-1949
Reported in : AIR1950Bom38; 1950CriLJ427
..... attends the office of the hardware department.as this witness is in charge of the general shop and with his father supervises buildings, it is clear that the hardware section was controlled by his brother turabali and cousin hatimali further, there was the positive evidence of d. l. verma (p.w. 3) to the effect that ..... of the iron and steel (control of distribution) order, 1941 which had been made under1 defence of india, rule 81 (2). contravention of that order was punishable under section 81 (i) ibid-4. the applicants made the declaration ex. p-15 and it was received in bombay on 14th september 1946, nest day, the police sealed the ..... orderhemeon j.1. the applicants, hatimali and turabali were convicted and sentenced under sections 7 and 10, essential supplies (temporary powers) act, 1946, to pay fines of rs. 20,000 and rupees 6000 respectively by the section 30-magistrate, nagpur; and in appeal the sessions judge, nagpur, altered the convictions to convictions under kr. 81 u) and 117 of .....
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 : Jul-14-1949
Reported in : AIR1950Bom227; (1950)52BOMLR138
..... on their lands having no compound wall, rule 85, bombay land revenue rules, 1921, can have no operation and therefore the only governing statutory provision was contained in section 48, sub-sections (1) and (2), bombay land revenue code, 1879, under which the liability of the occupant must be limited to the area actually built upon.6. the ..... actually built upon is liable for non-agricultural assessment seems to be unjustified on the words of section 48, land revenue code. sub-section (1) of section 48, land revenue code, provides :'the land revenue leviable on any land under the provisions of the act shall be assessed, or shall be deemed to 'have been assessed, as the case may be ..... , with reference to the use of land (a) for the purpose of agriculture, (b) for the purpose of building, and (c) for a purpose other than agriculture or building.'now this section imposes a liability and .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-26-1949
Reported in : AIR1950Bom120
..... were taken against the tenant for obtaining possession and to which they were not made parties cannot be utilized for the purpose of construing the provisions of section 47, presidency small cause courts act, is a matter hardly open to any argument.6. i respectfully agree with the view taken by the calcutta high court, and hold that the ..... but even an application for order for possession is deemed to be trespass; and from that mr. lulla contends that if under the second part of section 46, presidency small cause courts act it is open to a person who is in possession to treat an application for an order for possession as 'trespass,' then such a person should ..... the expiry of the period provided under the order of the court of small causes, the petitioner applied to that court purporting to do so under section 47, presidency small cause courts act for an order to stay the proceedings for the recovery of possession pending the hearing and disposal of a suit for compensation for trespass which he .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-28-1949
Reported in : (1950)52BOMLR169
greene, j.1. this appeal raises a short question as to the application of section 10(5) para, xii of the indian income-tax act, 1922, as amended by the indian income-tax (amendment) act, 1939, in respect of assessments on the appellants for the years 1940-41 and 1941-42. that paragraph provides that in computing profits or gains of a business for ..... itself into the short one-is expenditure of this character made in acquiring one of the raw materials of the appellant's manufacture capital expenditure within the meaning of this act? there is no definition of that expression, which must in their lordships' opinion be construed in a business sense, save in so far as there may be rules of construction .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-04-1949
Reported in : AIR1950Bom307; (1950)52BOMLR394
..... father who was her next friend, could maintain this petition. i drew the attention of the learned counsel for the respondent to the provisions of section 49, divorce act which he had himself resorted to in the first instance for urging before me that the petition was not maintainable having been filed before the next ..... very clear in terms and they lay down a condition or conditions for the valid solemnization of marriages between the parsis governed by the act. similarly sections 2 and 17, special marriage act, 1872, which are clear and categoric in terms leave not the slightest doubt in my mind that what the legislature intended was the ..... conclusion of mine, i respectfully differ from the learned judges who constitute0d that special bench, and i am of opinion that the provisions contained in section 2, special marriage act, 1872, are not directory in character but are mandatory and they prescribe the conditions for the proper and valid solemnization of marriage between the parties .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-04-1949
Reported in : AIR1950Bom20; 1950CriLJ267
..... . this view was followed in emperor v. parwari, is : air1919all276 by knox j. who held that statements made to the police as a result of action taken under section 154 or section 155, criminal p.c., are privileged statements, and as such, cannot be used as evidence or made the foundation of a charge of defamation. i am in respectful agreement ..... the charge wa3 struck off. it was held by scott-smith j. that the re-port to the police did not amount to a charge of a criminal offence under section 211, penal code, and in so deciding he followed the view of sundara aiyar j, in swaminatha thevan v. emperor, 14 i.c. 767 : 13 cri. l.j. ..... for any official investigation, of definitely alleging his belief in the guilt of a specified person, and his desire that the specified person be proceeded against in court, that act of his, whether verbal tit written, if made to an officer of the law authorized to initiate proceedings based upon the complainant's statement, whether amounting to an expression .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-11-1949
Reported in : AIR1950Bom221; (1950)52BOMLR29
..... to consider what is the connotation of the expression 'import' which was incorporated in the preamble by this amendment. when this section was passed, the definition of 'import' that appeared in the abkari act was as defined in section 3 (10), viz., to import means to bring into the province, otherwise than across a customs frontier as defined by the ..... that the provincial government was never given any right to deal with imports.8. mr. gauba then draws our attention to section 3 of act vi [6] of 1940 which amends the preamble of the then existing abkari act and by which amendment it was provided:'and whereas in order to promote, enforce and carry into effect the policy of ..... chagla, c.j.1. this is an appeal from an order passed by the learned presidency magistrate 5th court, bombay, convicting the accused under section 43 (1), abkari act and sentencing her to rigorous imprisonment for three months and a fine of rs. 500, in default, rigorous imprisonment for six weeks. the accused was charged .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-25-1949
Reported in : AIR1950Bom119
..... a more general word used by the legislature in that very definition.3. therefore, in our opinion, the expression 'loan' used by the legislature and as defined by section 9(9) covers a loan which is secured as well as a loan which is unsecured, and it is immaterial whether the lender advances money on security which fully covers ..... law. as a matter of fact he called upon responsible authorities on several occasions to elucidate the meaning of the expression 'loan' as used in the money-lenders' act, and the accused has also fought this case more as a test case than anything else. he wanted an authoritative pronouncement of the court as to what the true ..... applicant before us carried on the business of a money-lender without obtaining a license and without keeping and maintaining the accounts as required by the bombay money-lenders' act xxxi [311 of 1947. the contention of the accused was that he advanced moneys only on security and that he took security which was sufficient to cover the whole .....
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