Court : Mumbai
Reported in : AIR1924Bom370; (1924)26BOMLR84; 79Ind.Cas.769
..... learned trial judge. it may, however, be stated that in both these cases the matter originally came before the court in the shape of a petition under the indian arbitration act, section 14, to set aside an award. in both by consent of parties, in order to avoid technical objections as to the procedure followed, the objections being not on the ground ..... the appeal. at the outset i may mention that no point has been made as to the procedure to be followed for setting aside an award either under section 14 of the indian arbitration act, or by way of suit. a reference was made to the decision in e.d. sasnoon and go. v. ramdutt ramkissen das . but in the present case ..... to the validity of the award, and in view of the doubt felt as to whether all the objections were such as would fall' within the scope of section 14 of the indian arbitration act, the court made the following note on june 25, 1923, in the course of the hearing of the petition:--devkaran nanji and tulsidas morarji consent to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom325; (1924)26BOMLR155; 79Ind.Cas.1012
..... property passed to the buyer on shipment, but the seller only reserved his unpaid vendor's lien. that view seems to me inconsistent with the section (section 19) of the sale of goods act of 1893). i have read and with every business probability. in the majority of cases where the seller takes the bill of lading to his ..... the sellers intended to retain and in fact did retain the property in the goods. this was a necessary reservation for the purpose of securing that method of commercial finance commonly employed by calcutta shippers.9. then follows a reference to tire remarks of benjamin on sale to which i have referred above. that passage after dealing with ..... question are mentioned and discussed. there was consequently no assent to the appropriation of these bales by the defendants so as to bring the case under section 83 of the indian contract act. mr. binning eventually did not dispute this proposition and applied to amend the plaint so as to sue in the alternative for damages though for .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR786
..... is not dealt with, nothing to suggest that the authority already conferred upon the settlor by the negotiation out of which the first agreement to act in the matter of obtaining funds to finance the pending action had been either limited or revoked. in the absence of any provision indicating that result it must, in their lordships' view, ..... on the occasion of this visit to the rajah of tuni. the suit recently started dealt with the whole trust property. the negotiation to have such a suit financed necessarily dealt with the whole trust property. the settlor could, prima facie, by signing the agreement for himself alone only bind his own interest in the trust property ..... last provision it is clearly the view of their lordships that the trustee would have been acting within his express powers, if, having money of his own at his command he thought proper to advance it, or some of it, to finance the contemplated litigation directed to secure and preserve the trust property for the purpose of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom97; (1924)26BOMLR1035; 85Ind.Cas.587
..... to the case of a breach of marriage in england, although he held that all consequential damages, if proved under section 73 of the indian contract act to flow as the ordinary result from the breach, would be recoverable by the plaintiff. i do not agree with ..... the said writing.17. the question whether the damages therein mentioned are a penalty or not does not arise in view of section 74. whether the sum is a penalty or the liquidated amount mentioned as payable in the case of a breach of contract, ..... suit was maintainable on the ground that contrary to the principle of english common law, 'consideration,' as defined in the indian contract act, need not proceed from the promisee, but may proceed from a third person, and that the consideration in the suit had proceeded ..... breach of the contract by the minor; and under the infant's relief act of 1874, i find the legislature has gone so far to protect the infants that it has by section 2 enacted that in the case of any contract by a minor, it .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)ILR48Bom673
..... writing.19. the question whether the damages therein mentioned are a penalty or not, does not arise in view of section 74 of the contract act. whether the sum is & penalty or liquidated amount mentioned as payable in the case of a breach of contract, ..... of a breach of promise of marriage in england, although he held that all consequential damages if proved under section 73 of the indian contract act to flow as the ordinary result from the breach would be recoverable by the plaintiff. i do not agree with ..... the suit was maintainable on the ground that contrary to the principle of english common law, 'consideration,' as defined in the contract act, need not proceed from the promisee, but may proceed from a third person, and that the consideration in the suit had proceeded ..... a breach of the contract by the minor; and under the infants relief act of 1874, i find the legislature has gone so far to protect the infants that it has by section 2 enacted that in the case of any contract be a minor it .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom85; (1924)26BOMLR1071; 85Ind.Cas.597
..... the purchaser had at least two possible remedies, viz., she could exorcise her option of avoiding the contract under section 19 of the indian contract act, or have it rescinded under section 35 of the specific relief act. but section 19 of the indian contract act also provides that instead she may insist that the contract be performed, and she be put in the position ..... coventon (1862) 31 beav. 378 and in re marsh earl granville (1883) 24 ch. d. 11 so, too, if one turns to the definition of 'notice' in section 3 of the transfer of property act, i think it cannot be said here that there was any wilful abstention from any enquiry or search which the purchaser ought to have made or any ..... haden's contract [1906] 1 ch. 412 and halkett v. dudley (earl) [1907] 1 ch. 590. no indian authorities were cited to us, but under section 55(1)(a) of the transfer of property act, the seller is bound to disclose to the buyer any material defect in the property of which the seller is and the buyer is not aware .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom458; (1925)27BOMLR581; 87Ind.Cas.771
..... it may not be said that the commissioner uses his discretion under my orders and that therefore the other parties are debarred from moving under section 515 of the municipal act or taking proceeding under the civil procedure code or taking criminal proceedings. my order is based entirely on the view i have taken that the commissioner illegally ..... applicant and which necessitated these proceedings, that the order of the appeal court protected all the inhabitants of the locality in respect of this nuisance. probably they financed that litigation and backed up the complainant mr. mallandaine in the belief that if he succeeded, there would be an end of the matter. they did not ..... the complainant that the complainant was fighting not only his own battle but the battle of the other residents in the locality, who, it appears, had also financed him. the learned magistrate has, however, based bin decision mainly on the evidence which showed that the stables would cause a nuisance to the residents of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom160; (1925)27BOMLR27
..... that these bills to be discounted by the bank in japan would be honoured when presented in bombay. the defendants accordingly, in order to secure h. yamamoto & co., and to finance their imports, wrote the letter of november 25, 1919, to the plaintiffs' bank. in the first part of that letter they inform the bank that they have instructed h. ..... letter of the defendants of the same date confirming the credit shows that h. yamamoto & co. of japan did not want their credit to be dependent upon any future acts of the defendants in bombay. further, the contention of the defendants would lead to this result that the defendants by refusing to accept or refusing to pay the first bill ..... the same as a limit of 50,000 yens revolving.9. i would, therefore, confirm the decree of the lower court and dismiss the appeal with costs.lallubhai shah, kt., acting c.j.10. i have felt some difficulty in coming to a conclusion in this case. taking the three letters, which are material in this case, namely, exhts. a, .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR243
..... , to limit the classes of marks which should be capable of being so appropriated. 7. further amending acts were passed, and the act now in force is the trade marks act, 1909, as amended by the trade marks act of 1919. there were prohibitory sections in the said acts which purported to make registration a condition precedent to a right of action to restrain or to ..... obtain damaged for infringement of trade marks. unregistered trade marks, notwithstanding the prohibitory sections of the acts, are in many cases protected by the courts in england in the 'passing-off' actions, section 45 of the trade marks act, 1905, expressly provides that nothing in the act shall be deemed to affect rights of action against any person for passing off goods as .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom318; (1925)27BOMLR478; 87Ind.Cas.706
..... of a casual and non-recurring nature however we may take it that the question now before us is whether the receipts in question cm be exempted under section 4 (3) (vii) of the act, which says : 'any receipts not being receipts arising from business or the exercise of profession, vocation or occupation, which are of a casual and non- ..... maintain prices, but his resources failing it became known to the creditors of the firm, and the market in general, that the firm was not in a position to finance further the huge purchases which had been made so that its failure had become imminent. as a crisis would necessarily result if all its purchases were thrown upon the market ..... assessment for the year 1923-24, the assessee, while declaring his income from all sources, had made a note as under :-besides this, i received during samvat year 1978 rs. 1,88,750 as remuneration for winding up the estate of omar sobhani which being an extraordinary source of income is not liable to taxation.2. the income-tax .....
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