Court : Mumbai
Reported in : (1925)27BOMLR814
..... unreasonableness falls to the ground, because the unreasonableness of the demand consists, not in its method, but would have consisted in this, that it would have put the purchaser, whose finances might have been allowed to drop owing to the dragging on of the negotiations, into a position of much embarrassment on such a short notice being given.10. their lordships ..... not resile from that position. their lordships do not think it necessary to put this into the decree, but it will be recorded in their judgment and the vendor will act accordingly.13. their lordships will humbly advise his majesty that the appeal should be allowed and that the decree of the trial judge should be restored, with costs in both .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR514; 92Ind.Cas.9
..... issue he decided that the first defendant obtained the shares by a material misrepresentation of fact, bat that as the interests of a bonafide pledgee under section 178 of the indian contract act had intervened, the second defendant could not be placed in the status quo ante. consequently he held that the pledge was valid and binding on the ..... first defendant said he had to discharge liability of rs. 16,000 and he wanted money for that also. the shares of value of those i deposited were to finance this business also. first defendant got these shares from me by fraud, viz., obtaining them for partnership and thus misapplying them.19. it is difficult owing to these ..... the different companies not to register any transfers.16. in his evidence the second defendant said:-framroze boga was dissolved in april 19^0. first defendant proposed 1 should finance his business after the dissolution. i said i had shares and he could raise money on them to continue a business with me as partner. he said the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom511; (1925)27BOMLR941
..... from that date instead of remaining uncertain till the due date arrived. there was then an agreement to pay differences arising out of the original wagering contract. section 1 of bombay act iii of 1865 is as follows:-all contracts, whether by speaking, writing or otherwise, knowingly made be further or assist the entering into, effecting or carrying ..... case reported in which the defendant has disputed his liability to pay the amount settled by a cross-contract on the ground that both transactions came within section 30 of the indian contract act. it seems to us, even if it can be said, as in this case, that the plaintiffs and defendant agreed when the settlement of ..... whether the agreement whereby the goods were sold back to the plaintiffs was also a wagering contract. the plaintiffs sought to avoid the consequences of section 30 of the indian contract act by stating that the cause of action was a claim for a specific amount of money agreed upon before the due date between the parties as .....
Tag this Judgment!Court : Mumbai
Reported in : 89Ind.Cas.885
..... that date instead of remaining uncertain till the due date arrived.5. there was then an agreement to pay differences arising out of the original wagering contract. section 1 of bombay act iii of 1865 is as follows:all contracts, whether by speaking, writing or otherwise, knowingly made to further or assist the entering into, effecting or carrying ..... case reported in which the defendant has disputed his liability to pay the amount settled by a cross-contract on the ground that both transactions came within section 30 of the indian contract act. it seems to us, even if it can be said, as in this case, that the plaintiffs and defendant agreed when the settlement of ..... point whether the agreement whereby the goods were sold back to the plaintiffs was also a wagering contract. the plaintiffs sought to avoid the consequences of section 30 of the indian contract act by stating that the cause of action was a claim for a specific amount of money agreed upon before the due date between the parties as .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom485; (1925)27BOMLR973
..... by the forest officer with whom he contracts.(the italics are mine).33. it is as well at this point to quote also section 75 and section 7 of the indian forest act (vii of 1878) section 75 runs as follows:-the local government may from time to time make rules-(a) to prescribe and limit the powers and ..... remains unconsidered is whether the rules are repugnant to the general principles of law. they certainly are opposed to section 5 of the indian contract act. section 5 of the indian contract act is based on the principle embodied in section 25 that an agreement made without consideration is void. a man can revoke a proposal before its acceptance because ..... , unless they are mainfestly unreasonable or unfair.'39. for the above reasons i am of opinion that these rules issued by the local government under section 75 of the indian forest act were intra vires, and that the plaintiff samant having once made his tender could not revoke it even before acceptance. in these circumstances the government .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom505; (1925)27BOMLR1023
..... reasonable, but to expound it as it stands, according to the real sense of the words ' (maxwell's interpretation of statutes, 6th edition, page 7). section 92 of the act deals with a different set of facts; it empowers the municipality to enforce a removal or set-back; and a reference to its provisions is therefore not ..... for permission to reconstruct it. the application was withdrawn in september 1922, but renewed on january 29, 1923 it was made in accordance with section 96 of the act. the material words of sub-section (1) are : 'before beginning to erect' any building...or to reconstruct any projecting portion of a building in respect of which the municipality ..... the owner of a house in rander applied to the municipality for permission to rebuild. a permit was granted subject to various conditions prescribed presumably under section 96 (2) of the act, one of which was as follows :-'for the improvement of the said road you must leave on that side a space in length...and in width .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR1427
..... ... we most look at the broad question, which is whether a land-owner on whose land there is a sudden accumulation of water, brought there without any fault or act of his, is at liberty actively to let it off on the land of his neighbour without making that neighbour any compensation for damages, because the landowner by doing so ..... season in which the acts were done, so reduced that they only yielded 3,867 baskets of paddy instead of their normal yield of about 17,800. the district judge decided in favour of the ..... the two appellants (who are husband and wife) in the district court of pyapon, lower burma, to recover damages amounting to rs. 13,448 for the wrongful flooding by the acts and procurement of the respondents of a large tract of paddy lands 68,541 acres in extent, belonging to the appellants, whereby the productivity of these lands was, in the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom129; (1925)27BOMLR1471
..... was raised in bartlett v. inland revenue commissioners [1914] 3 k. b. 686. the owner of a business sold it to a company. under the provisions of section 24 sub-section 3 of the finance act 1907 he claimed that he was only chargeable with tax on the actual amount made in the year of discontinuance and there was no power to go back ..... very simple. the trade was not discontinued in the year, the trade was sold to a company and continued during the whole year; and in my view therefore section 24 of the act of 1907 has no application to this case,' i would answer the question i have framed above in the negative. the assessees must pay the costs of the referencecoyajee ..... only to cases in which a business was discontinued entirely and not to cases in which it was transferred from one set of proprietors to another, and that under section 26 of the act the new company as successors to the business were liable to be taxed on the profits made by the company in 192v! and they were taxed accordingly. the .....
Tag this Judgment!Court : Mumbai
Reported in : 92Ind.Cas.517
..... : 84 l.j. k.b. 686. the owner of a business sold it to a company. under the provisions of section 24 sub-section 3 of the finance act, 1907, he claimed that he was only chargeable with tax on the actual amount made in the year of discontinuance and there ..... in the year. the trade was sold to a company and continued during the whole year; and in my view, therefore, section 24 of the act of 1907 has no application to this case.' i would answer the question i have framed above in the negative.15. the ..... discontinued entirely and not to cases in which it was transferred from one set of proprietors to another, and that under section 26 of the act the new company as successors to the business were liable to be taxed on the profits made by the company in 1922 ..... january 1, 1922, to november 30, 1922, disclosing a profit of rs. 1,99,208. the assessees claimed under section 25(3) of the act that they were not liable to pay any tax on their profit, and that on the other hand as regards the assessment .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom86; (1925)27BOMLR1478
..... there must be an entire lose of enjoyment, which is the evident basis of his judgment. if he did intend this, then he was probably thinking of section 18 of act x of 1859 the section is reproduced in sukhraj rai v. ganga dayal singh, (1921) 6 pt. l. j. 665which is mentioned in his judgment and which specifically allowed an ..... other parts of india, (cf. bengal act viii of 1885, sections 38 and 52; bengal act vi of 1908, sections 35 and 36; central provinces act xi of 1898, sections 15 and 18; madras act i of 1908, sections 38, 39 and 42; oudh act xxii of 1868, sections 18,29 and 35 b; punjab act xvi of 1887, sections 20-26; united provinces act ii of 1901, as 41-48) which ..... however, subject to exceptions; and it is urged that in the events that have happened the plaintiff's only remedy is the one to be found in section 108 (e) of the transfer of property act, 18b2, which is in these terms:if by fire, tempest or flood, or violence of an army or of a mob, or other irresistible force, .....
Tag this Judgment!