Court : Mumbai
Reported in : AIR1936Bom167; 162Ind.Cas.310
..... must be presumed that the legislature does not intend to legislate in respect of property beyond jurisdiction. but this cannot be conceded; for the corresponding section of the presidency towns insolvency act, section 17, provides that the property of the insolvent 'wherever situate' shall vest in the official assignee, and it is, therefore, clear that the ..... specially prevents this.vide halsbury's laws of england, edn. 2, vol. 2, para. 277, page, 208; of. sections 17 and 33, presidency-towns insolvency act and sections 22 and 28, provincial insolvency act. in two recent cases, the calcutta high court has summarised the law to the same effect, though the points actually decided in ..... charcoal from wood in some villages in the bansda state. the charcoal was to be brought to bulsar in british india for sale. the complainant was the financing partner and after accounts between the parties were made up, these accused had in 1931, pledged some ready made charcoal to the complainant for rs. 16 .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR660
..... irrecoverable loan made in the course of a money-lending business. they think, however, that it would have been more convenient, and more strictly in accordance with section 66(2) of the act, if the commissioner had, after setting out the evidence upon this question and his findings thereon, stated and referred to the high court the question of law, ..... would seem that the indian legislature thought it necessary to anticipate any possible apprehension that a partnership, by being registered as a registered firm within the meaning of section 26 of the act, might be treated f as a separate assessee in so absolute a sense as to prevent a partner's share of loss being set off against his individual ..... on business as a moneylender can affect his rights in respect of advances made to his own firm. it is no part of the business of a money-lender to finance the money-lender's ventures in the cotton market. conversely, it is not a sign or index of the money-lender that one advances money to one's own .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom389; 165Ind.Cas.530
..... a sale, the transferee can rely upon the order of the court unless any fraud or underhand dealing is brought home to him. similarly under the evidence act, section 44-though that section is not in terms applicable- judgments, orders or decrees referred to therein (including judgments that a person is absolutely entitled to a legal character or to ..... plaintiff's uncle keshav to contradict defendant l's statements as to the nature of the mortgage debt. keshav has no doubt alleged that the building work was financed with the money received from the tata iron shares and from the indian specie bank, and that the moneys borrowed from defendant 1 were all required for the ..... to losses in a timber business which the trustees were carrying on together with keshav, the plaintiff's uncle. this business, according to the learned counsel, was financed by defendant 1, and the appointment of kondubai as guardian was merely a dishonest and collusive arrangement to bring about the sale to him.5. if this had .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR1011
..... itself create any interest in or charge on such property ' according to the law of india. it is further to be observed that by the indian trusts act (ii of 1882), section 5, conformably to the general scheme of the other statute:-no trust in relation to immoveable property is valid unless declared by a non-testamentary instrument in ..... income to be derived from land and of a share in the proceeds of sale of land were held to be interests in land within the meaning of section 9 of the dower act of 1833.17. these cases do not stand alone. thus, in re waits : cornjord v. elliott (1885) 29 ch. d. 947 testator was entitled ..... and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.12. section 17 (1) of the indian registration act provides that the following documents shall be registered:-(a) instruments of gift of immoveable property; (b) other non-testamentary instruments which purport or operate to .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR18
..... in case an assessment was levied again or the matter was taken on appeal to the privy council. on january 30, 1934, the income-tax officer acting under section 22 of the act required the bombay company as agent of the hong kong company to produce or cause to be produced on; february 15, 1934, the books of account ..... . also, and less unreasonably, that the bombay company was at first unwilling to disclose the name of the firm from which the sassoon company at shanghai obtained the finance which enabled them to make the tael loan to the bombay company. at a later stage of the proceedings the bombay company, the assessees, stated that sassoons of ..... were all closely associated concerns, their share capitals being held almost exclusively by members of the same family. also that the hong kong company was 'practically formed to finance the bombay company', the former having a paid up capital of eight crores and the latter of one crore; while both had large resources in addition thereto from their .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom226; (1937)39BOMLR266
..... any time when it may appear expedient, new and specific rules regarding assessment was not to be affected. the next two cases in the statement were governed by act i of 1865, section 35 of which provided as follows :-it is hereby declared that an occupant of any government land is entitled, in virtue of his occupancy, to erect farm buildings ..... currency of the settlement of 1860, and the rest after the first 0f state revision settlement which was introduced with effect from the revenue year 1889-90. section 65 of the act and rrule 56, 67 and 68 provided for the levy of fines and the imposition of altered assessment in cases where the lands were converted to non-agricultural ..... in force in 1927 so far as the suit lands were concerned. therefore the collector had no power to act under section 52.section 48 is in these terms :(1), the land revenue leviable on any land under the provisions of this act shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR343
..... goods. in this connection i may refer to the judgment of mr. justice murphy in gordhmdas v. raghuvirdasji : air1932bom539 . the law laid down in section 251 of the indian contract act was probably intended to be the same as in england, and in the majority of cases it is the same. but in india the rule as to ..... 1908. the accounts prior to 1914 have not been put in, but from 1914 and 1921 it is clear that the plaintiffs were to a considerable extent, if not entirely, financing the defendant company. in all the years, 1914, 1915, 1916, 1917, 1918, 1919 and 1920, considerable sums were advanced by plaintiffs. many of them were comparatively small ..... (such as the one we have before us) or partnerships known under other denominations under which businesses are generally known or classified; nor do i see anything in section 251 justifying a decision (based on the denomination under which the partnership is generally referred to) apart from a consideration of the business actually carried on by the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom262
..... in this connexion i may refer to the judgment of murphy, j. in gordhanaas v. raghuvirdasji a.i.r 1932 bom. 539. the law laid down in section 251, contract act, was probably intended to be the same as in england, and in the majority of cases it is the same. but in india the rule as to implied authority ..... the plaintiffs just before the suit. the liability of the partners other than defendant 5, therefore, depends mainly on the question whether section 251, contract act, covers the case. that section provides:each partner who does any act necessary for, or usually done in, carrying on business of such a partnership as that of which he is a member binds his ..... 1908. the accounts prior to 1914 have not been put in, but from 1914 and 1921 it is clear that the plaintiffs were to a considerable extent, if not entirely, financing the defendant company. in all the years, 1914, 1915, 1916, 19-17, 1918, 1919 and 1920, considerable sums were advanced by plaintiffs. many of them were comparatively small .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom52; (1936)38BOMLR1181; 166Ind.Cas.736
..... the occupier are convicted, the aggregate of the fines inflicted in respect of the same contravention shall not exceed this amount.the term ' occupier ' has been defined in section 2 of the act as the person who has ultimate control over the affairs of the factory. the proprietor, accused no. 1, will under this definition be an occupier of the factory. the ..... hour between 9 p. m. and 10 p. m. as the period of rest. the accused were accordingly prosecuted for breach of the provisions of section 42 of the act, which lays down that no adult worker shall be allowed to work otherwise than in accordance with the notice of periods for work for adults displayed under sub ..... , 1935, inspector kagal visited this factory and found several men working therein at 9-30 p. m. the notice of the periods of work maintained for this factory under section 39 of the act showed that the working hours for the night shift were from 6 to 9 p. m. and again from 10 p. m. to 4 a. m. with an .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom150; (1937)39BOMLR89
..... matter regarding municipal administration,-in this manner : that a rule 152-has been framed under section 46 of the act by which it is prescribed that the toll in question shall be levied,-a toll under section 3(14) of the act being included in the term 'tax' : that the prohibition in the bye-law in ..... ).4. the argument requires a consideration of the provisions of the act empowering municipalities to make rules and bye-laws they are contained is sections 46-49 which constitute chapter iv sections 46, 46a and 47 deal with rules; section 48 deals with bye-laws, section 49 with which chapter iv closes, is ancillary; copies of rules ..... though fines have to be prescribed 'with the like sanction'.7. again the act contains several sections imposing specific penalties for failure to comply with specified directions of a municipality. i have already referred to section 79. section 155 is a general section for penalties incurred by infringements of orders and notices not punishable under any other .....
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