Court : Mumbai
Decided on : Nov-14-1949
Reported in : (1950)52BOMLR467
..... not yet statute barred. but it appears to them that it is difficult to apply this principle unless the acknowledgment is such as to satisfy the conditions of section 19 of the indian limitation act. it must be in writing and it must be signed. these conditions were not in the present case satisfied. their lordships are accordingly of opinion that ..... be sustained. for apart from any other reason for rejecting them it is conclusive that the high court thought fit to take advantage of the provisions of the orissa moneylenders act, to reopen the whole of the transactions which culminated in the hand note of november 8, 1934, and to allow simple interest at 12 per cent, per annum up ..... before doing so it is necessary to note that during the pendency of the appeal from the subordinate judge to the high court the provisions of the orissa moneylenders act (orissa act iii of 1939) were extended to sambalpur and that the appellants claimed in the high court that they should have the benefit of this .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-22-1949
Reported in : (1950)52BOMLR474
..... parties, their application to intervene therein having been rejected. but in spite of this their lordships are of opinion that it is admissible under section 18 of the indian evidence act. the weight to be given to it must depend on all the circumstances, although their lordships do not accept the view held, apparently, by the ..... ought to be accepted as binding by the comity of nations. it is argued that as the judgment of the french courts does not fall within section 41 of the indian evidence act it is not admissible at all.8. it is true that the judgment in question was given in proceedings to which the present appellants were not ..... adoption. there were, in their lordships' view, a number of circumstances in the contemporaneous and subsequent behaviour of the parties from which the performance of the necessary acts could be and was properly inferred, particularly in dealing with events which had taken place as long ago as 1906. reliance was placed by the appellants on evidence .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-25-1949
Reported in : (1950)52BOMLR591
..... there is, in our view, no irreconcilable conflict here such as would necessitate recourse to the principle of federal supremacy laid down in section 100 of the constitution act. section 14-b does not purport to restrict or prohibit dealings in liquor in respect of its importation or exportation across the sea or land ..... were made by the government of india (adaptation of indian laws) order, 1937, to bring its provisions into accord with those of the constitution act as provided for in section 298 thereof. one of such modifications was the substitution of new definitions of the expressions 'to import' and 'to export.' whereas these expressions previously ..... on her behalf were rejected and the conviction and sentence were confirmed, but in view of the constitutional question involved a certificate under section 205(1) of the constitution act was granted. the appellant has accordingly brought this appeal to have that question determined by this court.3. to appreciate the arguments advanced .....
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