Court : Mumbai
Reported in : (1938)40BOMLR1109
..... had a direct and important bearing on its dealings throughout. all the information which is material was really public property as-certainable without difficulty by anyone under section 87 of the act. in their lordships' opinion the sassoon company cannot on the facts disclaim knowledge of the interest of the directors of pratts in 1928 or 1931 and were ..... which he might or might not be expected to share with his co-directors on the board of the sassoon company.14. the sassoon company had for seven years been financing pratts through m. t. limited, and though the latter was their debtor, had determined in 1926 to obtain property of pratts as security for their debt. control ..... the transactions between the three companies can be tabulated as shown hereunder. the sassoon company was not treated as a creditor of pratts but of m.t. limited and the finance obtained by pratts was treated as obtained from m.t limited :- due by due bypartts to sassoons tom.t. rs. m.t. rs.1921 .. .. .. 12,17,069 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom146; (1939)41BOMLR180
..... that decision was given, the legislature has passed the mussalman wakf (bombay amendment) act of 1935, under which there is inserted in the principal act, after section 10, certain new sections, including section 10b. sub-section (1) of section 10b provides that 'no prosecution under this act shall be instituted except by or with the previous sanction of the court given in ..... government pleader of kaira to the district court alleging that the present applicant had failed to render accounts under section 3 of the wakf act and asking that he might be dealt with under section 10 of the same act. on that application the district judge directed notice to issue, and subsequently he heard the application. the ..... application is that the district court had no jurisdiction to deal with the matter.2. under section 3 of the original wakf act of 1923, accounts have to be rendered by the mutwalli of the wakf, and under section 4(2) the court may be directed to serve an order on the mutwalli requiring him .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom129; (1939)41BOMLR98
..... consumers were tried together for having committed theft of the electrical energy at different premises belonging to the respective consumers under section 120b of the indian penal code read with section 39 of the indian electricity act, and also section 379 of the indian penal code. although upon the evidence it was held that the charge of conspiracy was not ..... a group to help themselves, their friends and relatives freely with the bank's money and to utilise the resources of the bank for the promoting and financing their private enterprises to the advantage of themselves and to the detriment of the vital interests of the bank.48. the charge also begins in this way: ..... year 1922-23 'to help themselves, their friends and relatives freely with the bank's money and to utilise the resources of the bank for the promoting and financing their private enterprises to the advantage of themselves and to the detriment of the vital interests of the bank,' that till 1932 they took loans for themselves and .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR362
..... odd which they had paid to f. e. dinshaw, under the agreement of 1924, should be allowed as an item of revenue expenditure, under section 10, sub-section 2(u), of the act. the income-tax authorities disallowed the claim, and the substantial question on this reference is, whether this payment was rightly disallowed.10. although we were ..... the terms on which they managed to obtain finance, and, in my opinion, therefore, in a commercial sense the payment of this share of the commission was an expenditure solely for the purpose of earning profits ..... tax, bombay : (1937)39bomlr1025 , and also by the english court of appeal in british sugar ., or to arrange for financing that company, and we must assume that the arrangement which they made as to finance was the wisest which could be made in the circumstances. the agreement to share their commission with the lender was part of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom283; [1939]7ITR195(Bom)
..... lacs odd which they had paid to f. e. dinshaw, under the agreement of 1924, should be allowed as an item of revenue expenditure under section 10, sub-section 2 (ix) of the act. the income-tax authorities disallowed the claim, and the substantial question on this reference is, whether this payment was rightly disallowed.although we were told ..... of the terms on which they managed to obtain finance, and, in my opinion, therefore, in a commercial sense the payment of this share of the commission was an expenditure solely for the purpose of earning profits ..... either to lose the commission which they we getting from the tata iron and steel co., ltd., or to arrange for financing that company, and we must assume that the arrangement, which they made as to finance was the wisest which could be made in the circumstances. the agreement to share their commission with the lender was part .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR689
..... high court that the release was intended as operative in favour of all, and that this is the true construction of the nadabinama. it is also the construction acted upon by all the parties concerned. the mere circumstance that of these two documents the one executed by shyam peary was addressed to mohini mohan and vice versa is ..... settled by long practice and confirmed by a series of decisions that a hindu widow can renounce the estate in favour of the nearest reversioner, and by a voluntary act efface herself from the succession as effectively as if she had then died. this voluntary self-effacement is sometimes referred to as a surrender, sometimes as a relinquishment ..... by her sons and their representatives for many years is more than sufficient evidence of her having understood the transaction. it has been suggested by learned counsel that her actings upon her deed do not show that she appreciated that she was parting with more than a life interest in the english sense, but as she took and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom354; (1939)41BOMLR787
..... 24. in the cross-objections mr. thakor for the plaintiff has repeated the contention that the wills are void for undue influence. he relies on section 16 of the indian contract act, section 89 of the indian trusts act, and on the equitable rule which has been referred to in shivgmgawa v. basangouda (1937) 40 bom. l.r.132 that when a person ..... r. (1888) ail. 535 on which learned counsel for the plaintiff relied. in that case the plaintiff was obviously under the thumb of the defendant who had housed and financed him and helped him to recover his property, which he then induced him to transfer half to his brother and half to a temple of which he was the proprietor ..... this court which is really in point. in valli v. mahmad : air1914bom117 the trial court had dismissed a suit for non-payment of court-fees, under section 10 of the court-fees act, and in appeal the district judge held that the proper procedure was to reject the plaint under this rule. but he allowed the plaintiff an option to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom461; (1939)41BOMLR959
..... to the payee and accepted by him, there arises a contract between the parties. the signature on a negotiable instrument becomes necessary because of the provisions of section 4 of the negotiable instruments act. it is only a preparation. it does not amount to an offer, and, therefore, does not become any part of the contract.10. the ..... one who carried on business in bombay. in my opinion the facts of the present case go much beyond that. for the defendants' business in this case they want finance, they want articles and parts of machinery. it is admitted that some goods (e.g. hessian, cloth, iron hoops, etc.) and parts of machinery were purchased by ..... by putting signature on a note the same does not become a contract. as clearly provided in section 46 of the negotiable instruments act, a promissory note is complete when the signed document, according to the form prescribed by section 4 of the act, is delivered to the payee. in the present case the signatures on the promissory notes were .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR725
..... . an instance of this is to be found in the case of inland revenue commissioners v. clay [1914] 3 k.b. 466. that was a case under section 25(1) of the finance (1909-1910) act, 1910, and is not perhaps strictly relevant to the present case. the facts of it, however, are worth recalling. there was a house of which the value ..... 750.13. a case in many respects similar to clay's case is that of glass v. inland revenue (cit. sup.). that also was a case arising under the finance (1909-1910) act, 1910, and was one where land of an agricultural value of 3,379 had been sold in 1911 to certain water commissioners for 5,000, they being the only ..... of drinking water..arose entirely from the anti-malarial scheme carried out by the harbour authority and depended on the success of that scheme. to my mind section 24, sub-section (5) of the land acquisition act is completely applicable to the facts of this case.the appeal was accordingly allowed with costs there and below, and the award of the land acquisition .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom471; (1939)41BOMLR984
..... 9 of 1922 the learned chief judge held that the value of lifts and pumps was not to be excluded from the rateable value of the building under section 154, sub-section (2), of the act. in municipal appeal no. m46 of 1936, mr. chitre took the opposite view, and now in this case mr. indranarayan has gone back to the ..... or partly machinery', no deduction could be allowed from the annual rents of the buildings for the value or cost of the lifts and pumps under sub-section (2) of section 154 of the act. he observed that in taking the rents reasonably expected to be received as the basis for assessment, the cost of the lifts as such had nowhere ..... known as the 'moolji mahal,' was fixed by the municipal commissioner, an appeal was presented by him to the chief judge of the small causes court, bombay, under section 217 of the act, complaining that in fixing that value the municipal commissioner should have, but had not, excluded the value of the machinery, namely, three lifts and one pump, provided .....
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