Court : Mumbai
Reported in : AIR1926Bom539
..... other association of individuals, not being a registered firm, an additional duty of income-tax (in this act referred to as super-tax) at the rate or rates laid down for that year by act of the indian legislature.7. under section 7 of the finance act, 1925, the rates of super-tax for the year beginning on the first day of april 1925, shall ..... , for the purposes of section 55 of the indian income-tax act, 1922, be those specified in part ii of the third schedule ..... facts of this case the company can be assessed for super-tax on the profits of the previous year at any, other rate than that which is provided by the finance act for 1925. if, as a, matter of fact, the turf club, before it became a company could have come within the definition of 'registered firm,' we think the company .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom609; (1927)29BOMLR1362
..... effect is given to article 100 of the articles of association as contended for by the company, it would amount to getting round the provision of section 20 of the indian companies act in an indirect manner, and reserving a power to the company to alter its powers by such resolution, it would then mean that the company could ..... altered.13. that was the decision in button v. scarborough-cliff hotel company (limited), b (1865) 2 dr. & sm. 521.14. in british and american trustee and finance corporation v. couper [1894] a.c. 399 lord macnaghten dissented from the said judgment, and thereafter it was finally overruled by the court of appeal in andrews v.gas meter ..... by a special resolution.12. as observed by palmer in his company precedents, 12th edn., vol. i, pp. 610-611:section 13 of the (english) act (which corresponds with section 20 of our act) gives to a company under the act power by special resolution, ... to alter or add to its articles, ... nothing could be wider than the terms of this .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom535
..... it is important to remember that public streets are vested in the municipality for the purpose of being maintained as public streets, under section so of the bombay district municipal act, and that section expressly declares that public streets so vested in them shall be applied by them as trustees, subject to the provisions and for the ..... of this kind.4. the contention that has been put before us, as also before the magistrate and the sessions judge, is that, under section 90 of the bombay district municipal act the municipality has authority to discontinue or stop up any public street, and, therefore, they have power to discontinue or stop up a part ..... that ordinarily a municipality should not allow a permanent obstruction upon any public street vested in the municipality. section 122 of the bombay district municipal act is a very plain enactment to that effect. sub-section (4) of that section refers to the piling of fuel in by streets, but says the municipality only has authority to allow .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1033
..... it is important, to remember that public streets are vested in the municipality for the purpose of being maintained as public streets, under section 50 of the bombay district municipal act, and that section expressly declares that public streets so vested in them shall be applied by them as trustees, subject to the provisions and for the ..... of this kind.3. the contention that has been put before us, as also before the magistrate and the sessions judge, is that, under section 90 of the bombay district municipal act, the municipality has authority to discontinue or stop up any public street, and, therefore, they have power to discontinue or stop up a part ..... that ordinarily a municipality should not allow a permanent obstruction upon any public street vested in the municipality, section 122 of the bombay district municipal act is a very plain enactment to that effect, sub-section (4) of that section refers to the piling of fuel in by-streets, but says that the municipality only has authority to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom526
..... the offender shall be punished with fine which may extend to rs. 50, and upon any subsequent conviction to rs. 500. that follows the corresponding provisions of section 65 of the act of 1873. therefore in my opinion there are grounds for holding that the view taken by this court, in emperor v. byramji pudumji (no. 1) [1919 ..... ] 43 bom. 236 and in re limbaji tulsiram [1898] 22 bom. 776 applies, to a case under section 155 of the bombay district municipal act. accordingly, we agree with the district magistrate that the sentences of fine imposed in these cases were illegal. we think the best course is to substitute in ..... by the enactment. of course, if such an enactment clearly says that the magistrate can fine prospectively, then that principle will not apply. but section 155 of the bombay district municipal act is as follows:whoever disobeys or (ails to comply with any lawful direction given by any written notice issued by a municipality under any power .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1040
..... that the offender shall be punished with fine which may extend to rs. 50, and upon any subsequent conviction to rs. 500. that follows the corresponding provisions of section 65 of the act of 1873, therefore, in my opinion, there are grounds for holding that the view taken by this court in emperor v. byramji pudumji (no. 1) (1919) ..... , s.c. 21 bom. l.r. 759 and in re limbaji tulsiram (1896) i.l.r. 22 bom. 766 applies to a case under section 155 of the bombay district municipal act, accordingly, we agree with the district magistrate that the sentences of fine imposed in these cases were illegal. we think the best course is to substitute in ..... by the enactment. of course, if such an enactment clearly says that the magistrate can fine prospectively, then that principle will not apply. but section 155 of the bombay district municipal act is as follows :-whoever disobeys or fails to comply with any lawful direction given by any written notice issued by a municipality under any power conferred .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1498
..... do not, however, agree with the assistant judge that in such a case the jurisdiction of a civil court is ousted by section 4(g) of act x of 1876. see krishnarav v. lakshman (1883) p.j. 191. the plaintiff sued in ejectment, basing his claim on ..... mr. justice candy, the head-note runs as follows :-the jurisdiction of a civil court is not ousted by section 4(g) of act x of 1876, in case of a dispute as to the position of the boundary line between two survey numbers as ..... government on the one side, and the land-holders, occupancy tenants or others, on the other. chapter ix, to which these sections appertain, is headed 'settlement of boundaries and the construction and maintenance of boundary marks,' which are connected with the ryotwari system, which ..... this gentleman under the bombay land revenue code. we have been referred to sections 119, 120 and 121 of the bombay land revenue code and to another section of the bombay revenue act to show that the jurisdiction of the court is ousted. it is argued .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1196
..... the code of criminal procedure, 1898, upon an officer in charge of a police-station for the investigation of a cognizable offence.3. taking the other sections of the act under which he has got certain limited powers of arrest and search along with the powers contained in the criminal procedure code, which a police-officer in charge of ..... offence would, in effect, be investigated by -persons in the position of policemen. in this very case it would appear that the effect of the above sections of the abkari act is that certain duties, which previously fell upon ordinary police-officers, are in fact now being carried out by the abkari-officers, who have been given ..... the case of an investigation by police-officers in charge of a police-station under the criminal procedure code.13. how, then, have the indian high courts interpreted section 25 of the evidence act the case of queen v. hurribole chunder ghose i.l.r. (1876) cal. 207 decided by chief justice sir richard garth and mr. justice pontifex .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom4
..... the code of criminal procedure, 1898, upon an officer in charge of a police station for the investigation of a cognizable offence. 27. taking the other sections of the act under which he has got certain limited powers of arrest and search along with the powers contained in the criminal procedure code, which a police officer in charge of a ..... offence would, in effect, be investigated by persons in the position of policemen. in this very case it would appear that the effect of the above sections of the abkari act is that certain duties, which previously fell upon ordinary police officers, are in fact now being carried out by the abkari-officers, who have been given these ..... by the code of criminal procedure, 1898, upon an officer in charge of a police station for the investigation of a cognizable offence....8. then by section 36 of the abkari act they have powers of entry into buildings, and of detention, search and arrest of persons, who, they have reason to believe, are; guilty of offences .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1334; 95Ind.Cas.556
..... where under the old law the wife escapes punishment owing to the presumption of coercion by the husband (see now criminal justice act, 1925, section 47). another instance may be that of an infant of too tender years to be convicted, (compare odgers on libel, 5th ..... is clear that no civil remedy for slander is given expressly by any of the indian codes. nor does section 112 of the government of india act, 1915 apply as this is not a matter of inheritance or succession, nor one of contract or dealing between ..... residents outside the town and island of bombay. their position is different, for they are governed by regulation iv of 1827, section 26, which requires the application of justice, equity and good conscience to their cases. moreover, whilst the ecclesiastical jurisdiction of the ..... amended letters patent of 1865, clause 18 of the original letters patent of 1862, and sections 8, 9 and 11 of the indian high courts act, 1861, we have to apply to this case the law which would have been 'applied .....
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