Court : Mumbai
Reported in : (1931)33BOMLR968
..... the local government to every suit makes it impossible that two suits by separate officials will ever be concurrently instituted. accordingly no inconvenience results from this construction of the section.13. it follows that this objection to the competence of the suit also fails.14. little remains to be said. objection was taken by the appellant that the ..... 7. he, however, upon the widow's death, took it upon himself to recover the trust properties from the various transferees. to that end he started litigation, largely financed by himself. this lasted from 1902 until 1905, and it terminated successfully in favour of the trust. by a decree of the high court of may 21, 1905, ..... the part of a trustee, brought home to the appellant by the concurrent findings of two courts, cannot be overlooked or excused, however meritorious in earlier days his acts in relation to the trust may have been. it is, as of course, that a trustee who is responsible for such conduct shall be removed from his trust: .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR222
..... lordships think, as to the principles to be applied. they are not merely deductions from the law as to undue influence which finds a place in section 16 of the indian contract act, as has been suggested by counsel for the respondent. they are founded upon the wider basis of equity and good conscience which have always been pillars ..... been indicated. the maharaja clearly was the dominating personality. he had purchased a somewhat speculative half of the appellant's estate. it was he who launched, managed and financed the litigation; it was he who supported the appellant through ten years of poverty and anxiety; it was he who had the mortgages prepared; it was at his house ..... deed.' lastly it is laid down that the court must consider ' the whole history of the parties in order to ascertain whether the deedwas the free and intelligent act of the executant.' 15. their lordships think that if this judgment had been in the minds of the high court when they were considering this case, they might .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom94
..... interest on the borrowed money notwithstanding the fact that the borrowed money has been employed outside british india. mr. desai bases his claim on section 10, sub-section (2), sub-para. (3), income-tax act. what that section provides is that income-tax shall be payable by an assessee under the head 'business' in respect of profits or gains of any business ..... to indian income-tax are the balance in his whole business. well, i agree with that general proposition, but it is not always easy to say where a finance company is carrying on business. it seems to me that the question we have to ask ourselves is what is the nature of the business of the assessee company ..... think any useful purpose would be served by reserving judgment, because the point, though difficult, is quite a short one. the assessee company is what may be sailed a finance company, and as part of its business it invests moneys in various parts of the world. it appears from the facts found in the case that in june 1926 .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR267; 136Ind.Cas.868
..... or place entered under warrant.' the definition of 'instruments of gaming' contained in section 8, as amended by section 2 of act vi of 1919, is extraordinarily wide, so wide that if the words were to be taken literally they would apparently include perfectly innocent articles, for instance ..... the cupboard bears the names of horses and the amounts i had backed on these horses in partnership with my friends.'6. as regards the presumption under section 7 of the act, on which reliance was placed by the learned government pleader, that presumption only arises when 'instruments of gaming' are found ' in any house, room ..... presidency magistrate, fourth court. in application no. 243 dr. lam was charged with keeping a common gaming house and thereby committing an offence punishable under section 4(a) of bombay act iv of 1887, and in the other case four persons who were in dr. lam's premises were charged with being found in a common .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR568; 152Ind.Cas.947
..... expenses of primary education. this argument seems to lose sight of certain considerations which arise on an interpretation of the several provisions of the city of bombay municipal act. under section 61(q) a statutory duty is cast upon the municipality of maintaining, aiding and suitably accommodating schools for primary education subject always to the grant of building grants ..... years preparatory to the introduction of free and compulsory primary education in bombay. the letter proceeds:i am to request the attention of government to the question of finance dealt with in paragraphs 6 to 10 of the letter and to express the hope of the corporation that for the reasons given in the schools committee's letter ..... in young & co. v. mayor, &c;, of royal leamington spa as well as with the decision of the court of appeal in hunt v. wimbledon local board (1978) 4 c.p.d. 4848. the other case on which mr. coltman strongly relied for this part of his argument is the case of mahomed musa v. aghore kumar .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom574; (1932)34BOMLR1150
..... is unnecessary, therefore, to discuss the question as to whether the defendants had a right to alter the mode of the use and enjoyment of the easement under section 23 of the indian easements act.14. i think, therefore, that the view taken by the lower appellate court is right and this appeal must be dismissed with costs.murphy, j.1. the ..... , he can more fully exercise and enjoy the object or carry out the purpose for which the easement was granted. 9. this seems to be consistent with section 21 of the indian easements act.10. i think that the right of way which was granted by the award was a general right of way, and cannot be fettered by implied restrictions, and ..... that even if there is no general right of way, he is entitled to the right to which he lays claim as an easement of necessity under section 13, clause (e), of the indian easements act. that contention is supported by the decision in the case of eaubai v. damodarishvardas i.l.r. (1891) bom. 652 where it was held that a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom468; (1932)34BOMLR917
..... , asking us to set aside two orders passed by the government of bombay on march 11, 1932, made under section 3, sub-section (3) and section 7, sub-section (3) of that act. under section 3, sub-section (3), whenever it appears to the local government that any printing press is used for printing or publishing any newspaper containing any words, ..... the articles in question do not offend against these provisions, but under an ordinance promulgated by the government of india on january 4, 1932, under section 72 of the government of india act, as amended by a later ordinance published on february 6, 1932, a sub-clause (d), which is material for the purposes of this case, ..... has been added to section 4 of the indian press act containing these terms:-or which tend directly or indirectly to bring into hatred or contempt his majesty or the government established by law in british india .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1090
..... therefore, render the alteration of the document fraudulent within the meaning of the indian penal code, in these circumstances, although possibly there are other sections such as section 192 which might apply to the act of the accused (but that question has not been raised nor the accused has been charged with that offence) it seems that the conviction ..... bhagwan das i.l.r. (1925) all. 60 expressed the opinion that the decision was obsolete in view of the alteration of the language of section 195 (i)(c) by the amending act of 1928. instead of the words ' when such offence is alleged to have been committed ' the clause originally ran 'when such offence has been ..... by obtaining something by deception or artifice, or by taking something wrongfully without the knowledge or consent of the owner.5. the learned counsel further referred to london and globe finance corporation limited, in re [1903] 1 ch. 728 and kotamraju venkat-rayadu v. emperor i.l.r. (1905) mad. 90 f.b., so also to emperor v .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR107
..... company they were not entitled to any remuneration and that this sum should be refunded. to this contention the trial judge acceded, basing his decision upon section 220 of the indian contract act, this item was struck out of the decree by the high court. it was pointed out in the judgment that the only claim made in the ..... commence the manufacture of jute bags for which it was intended. by that time it appears to have been heavily indebted. the bank refused further advances and the necessary finance was provided by borrowing from the wives of the respondents who were ladies of means. for these loans, which began in 1913, promissory notes were given to the ladies ..... to the plaintiff company in respect of any of certain decrees which he should find to have been allowed to have become time-barred by the neglect or collusive act of the respondents.6. against this decree both the company and the first respondent appealed to the high court. in the meantime the commissioner made two reports which .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom164; (1933)35BOMLR55
..... building at junnar for the use of the office of the sub-inspector of police. the learned subordinate judge held that the suit was barred under section 136 of the bombay local boards act, 1923, bom. act vi of 1923, which runs as follows :-no suit shall be commenced against any local board, or against any officer or servant of a local board ..... , that the consensus of authority is in favour of the view that an action based upon a breach of contract would not fall within the ambit of section 130 of the bombay local boards act of 1923.14. the only case cited in favour of the appellants is baban hemraj v. the city municipality, poona (1921) i.r. 40 bom. 122 23 ..... statute or in the direct execution of the duty or authority.10. and at p. 252, as follows:-for it seems to me that the language of section 1 does not extend to an act which is done merely incidentally and in the sense that it is the direct result, not of the public duty or authority as such, but of some .....
Tag this Judgment!