Court : Mumbai
Decided on : Aug-25-1949
Reported in : (1949)51BOMLR991
..... 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 2(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 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 of .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-29-1949
Reported in : AIR1950Bom161; (1950)52BOMLR97
..... every year with the plaintiff's bullocks and the cart. as per above decision the defendant is the tenant of the plaintiffs and so long as the defendant continues to act and abide by the aforesaid decision till then the plaintiffs have no right to evict the defendant from the said land. the defendant has no other right in the said ..... privy council in mt. sabitri thakurain v. savi 48 i. a. 26 : a. i. r 1921 p. c. 80. section 117 of the code states that the provisions of the code shall apply to all high courts constituted by letters patent. section 120 mentions certain provisions of the code which are not to apply to the high court in the exercise of .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-05-1949
Reported in : AIR1950Bom217; (1950)52BOMLR40
..... but that the names of dr. jivraj mehta and casamalli munjee should be included.5. turning to the law on the subject, when we look at the indian companies act, under section 184, power is given to the court as soon as may be after making a winding up-order to settle the list of contributories and the power is also given ..... to this: has the appellant established that there was on the part of the company some omission which gives him a right to ask for a relief under section 38 of the indian companies act?7. it is urged by mr. rege that both casamalli munjee who was the chairman of the board of directors and mr. jhaverj who wag the secretary ..... to rectify the register of members. but that power is limited to those cases where rectification is required in pursuance of this act, and the only section which empowers the court to rectify the register of members is section 38. that section provides for two cases in which the rectification of the register may be made and those two cases are:(a) where .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-07-1949
Reported in : AIR1950Bom174; (1950)52BOMLR46
..... the learned arbitrator and whether the award can be challenged in any litigation in this court. for that purpose, our attention is drawn to section 60 of the act which provides that no order passed by the industrial court shall be called in question in any civil or criminal court. it is perfectly clear ..... mills. on 28th december 1946, the provincial government referred the industrial dispute between the employees of the company and the company to arbitration under section 49a, bombay industrial disputes act, 1938, and the arbitrator divan bahadur kamerkar gave his award on 24th march 1948. by this award he awarded that the employees should be ..... relief on moral and humanitarian considerations. now, the learned arbitrator came to that conclusion in view of the definition of 'industrial matter' appearing in section 3 (14), bombay industrial disputes act, 1938. in the first place, we look at the definition of 'industrial disputes' which means any dispute or difference between an employer and .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-15-1949
Reported in : AIR1950Bom77; 1950CriLJ662
..... was no compliance with that order even on 28th september 1943 and it follows that when the appellate magistrate summarily dismissed the appeal, he could not have acted under section 431, criminal p.c., because that section postulates the perusal of a copy of the judgment. this was the view of bennet j. in emperor v. bansgopal : air1934all206 in which he made ..... 288: 30 cri l. j. 749 that where a criminal court dismisses an appeal for default of appearance, it is not a judgment and that the judgment contemplated by section 869 is a decision on the merits.8. on this view with which i am in respectful agreement, the appellate magistrate's order in the present case may be regarded ..... appeal was due to the non-filing of the judgment for the reason that the appellate magistrate made no reference of any kind to the merits of the appeal.7. section 419, criminal p.c. lays it down that every petition of appeal shall, unless the court to which it is presented otherwise directs, be accompanied by a copy .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1949
Reported in : AIR1950Bom213; (1950)52BOMLR62
..... , the petitioner applied to the chief presidency magistrate for the return of this deposit under section 7 of that act and the learned chief presidency magistrate made an order on 26th july ordering the refund of the deposit. in the meanwhile, an order was issued by the ..... bombay dated 20th july calling upon the appellant to cease publication of his paper from 23rd july to 22nd september 1949. this order was issued under section 9a, bombay public security measures act, 1947, and it is this order that is complained of by the appellant and it is with regard to this order that a writ of certiorari ..... declaration before the chief presidency magistrate and the chief presidency magistrate made an order calling upon him to deposit a sum of rs. 1,000 under section 7 (1), press (emergency powers) act. this was some time in april 1949, and the petitioner carried out the order by making the necessary deposit. in the third week of july 1949 .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1949
Reported in : AIR1950Bom260; (1950)52BOMLR294
..... decree to the collector the judgment-debtor made an application to the court which passed the decree, for payment of the decree by instalments under section 11, central provinces money-lenders act. the court entertained the application and ordered the stay of the proceedings before the collector. the stay order, however, was not communicated to ..... c. the sale was held by the collector but before it could be confirmed, the judgment-debtor made an application to the court under section 5, united provinces agriculturists' relief act and prayed that the execution proceedings may be recalled from the collector. the court entertained the application and sent an order to the collector ..... to an order passed by an executing court in respect of the stay of execution by the collector. when the proceedings are transferred to the collector under section 68, civil p. c., the collector gets jurisdiction to proceed with the sale in accordance with the directions contained in schedule iii, civil p. c. .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-30-1949
Reported in : AIR1950Bom243; (1950)52BOMLR236
..... functions of a collector under this act. section 4 of the act provides for the publication of a preliminary notification if the local government is of opinion that any land is needed for any public purpose. it also ..... . in order to determine whether the government has any locus standi in these proceedings, it is necessary to consider the provisions of the land acquisition act. under section 3(c) of that act the expression 'collector' has been defined as meaning the collector of a district and any officer specially appointed by the local government to perform the ..... at the rate of 4 percent per annum. all these provisions to my mind make it abundantly clear that after the government has made a declaration under section 6 of the act, they drop out of the proceedings completely and it is only the collector who is entitle to appear on the reference.3. mr. banaji on .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-04-1949
Reported in : AIR1950Bom289; (1950)52BOMLR301
..... urged by mr. desai for the plaintiffs, that the bequests to sisters were of present rights, the enjoyment of which was postponed till the death of the widow. section 119, succession act, provides that:'where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper ..... time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest.'the explanation to this section states that:'an intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment ..... in terms apply to the present case because the will was made in 1895, but the principle of this section has always been recognised by hindu law, see note no. 10 to section 19 in sir dinshah mulla's transfer of property act, 1949 edition. the principle was applied by the privy council in a case decided under the hindu law as .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-05-1949
Reported in : AIR1950Bom321; (1950)52BOMLR349
..... thereby and in clause 2 that the application for an order for possession by such a person even though he had not obtained possession is itself an act of trespass. section 47 shows that a suit for compensation for such trespass is to be filed in the high court; it also provides how proceedings in the small cause ..... such order, entitled to the possession of such property. therefore, in spite of an applicant being successful in getting an order for possession of the property under section 43 of the act, it is fully open to the occupant if he deems himself aggrieved by that order, to file a suit and satisfy the court that the applicant was ..... the opponent continued to remain in occupation, and thereupon the trustees filed an application in the small cause court, being application no. 11080 of 1948, under section 41, small cause courts act, slating that the opponent was in occupation purely by leave and license, and that the license had been revoked both by the undertaking he had given and .....
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