Court : Mumbai
Reported in : (1940)42BOMLR307
..... improperly obtained.8. champertous transactions are in their essence speculative and the fairness or otherwise of a particular bargain is almost always open to some, debate. saleem was section poor man with a reasonable and, as it turned out, a just claim. he was put by the court of wards in the position of having to undertake ..... values not expected in october, 1920 ; but even that is not a contingency too remote to be taken into account by business men striking a bargain for the finance of a suit to recover immoveable property. the high court's conclusion appears to have been influenced by the evidence that saleem was given to drink and of ..... of the high court of madras. having made an arrangement with saleem to take a fee payable by monthly instalments of rs. 100, he undertook the case and acted for saleem throughout. on january 26, 1920, saleem attempted to proceed in forma pauperis by filing an application under order xxxiii, civil procedure code, containing the same particulars as a .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR132
..... order accrued and arose to the pudukottai banfc directly or indirectly through or from a business connection in british india within the meaning of section 42(1) of the indian income-tax act between the kanadukathan bank and the pudukottai bank. 2. the commissioner of income-tax submitted that this question should be answered in the affirmative ..... two banks are controlled by the same; people, viz., the raja and his family. it further appears that the main function of the pudukottai bank was to finance the kanadukathan bank, that the loans advanced by the pudukottai bank to the kanadukathan bank represented a large part of the capital of the pudukottai bank, that the ..... consequently it was argued that although the profits of such transactions did accrue to the pudukottai bank, they did not accrue through a business connection in british india.section 42(1) is as follows:--26. in the case of any person residing out of british india, all profits or gains accruing or arising, to such person, .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR742
..... the magistrate. on march 5, an application was made to commit the husband under sub-section (3) of section 488, and on march 6, a protection order was made in the insolvency under section 25 of the presidency-towns insolvency act. on april 4, a committal order was made under section 488 (3).4. the first point taken is that the protection order debarred the ..... magistrate from making an order of committal. the effect of a protection order isspecified in sub-section (3) of section 25 which provides that a protection .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1940Bom378; (1940)42BOMLR785
..... beaumont, kt., c.j.1. this is a reference made by the sessions judge of ahmedabad in three cases. the accused were convicted under section 152 of the bombay municipal boroughs act, 1925, their offences consisting of having allowed hand-driven lorries containing fruit to remain for more than half an hour on a public street in ..... , which the accused had kept in the street, fell within the prohibition contained in section 152, -sub-section (1), of the bombay3. municipal boroughs act. it was conceded in the lower court that the case did not fall within sub-section (1)(a) of that section. but mr. g. n. thakor, who seldom concedes anything, did not concede that ..... the accused clearly falls within the definition of vehicle contained in section 3, sub-section (21), of the bombay municipal boroughs act. the control of vehicles in streets is dealt with by the bombay district police act. whatever the powers of the police may be under that act, i am of opinion that the learned sessions judge was right .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom26; (1940)42BOMLR955
..... beaumont, kt., c.j.1. these are two revisional applications which call in question an order made by the first class sub-divisional magistrate, ahme-dabad, under section 15 of the payment of wages act, 1936. the learned magistrate's decision was upheld by the assistant judge, ahmedabad.2. the short point is this, the arvind mills, ltd., who are the ..... in the subject or context. it seems to me that the word ' wages ' as used in most, at any rate, of the section s of the act, plainly does not mean potential wages, but wages earned. section 5, for instance, provides that the wages of every person employed shall be paid before a particular date. that must clearly mean wages earned ..... whole argument of the respondent, which prevailed in the courts below, turns on that definition, i will come back to it after noticing the general scheme of the act. section 3 provides that every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom93; (1941)43BOMLR84
..... the assessee is that this act is ultra vires the indian legislature, since it does not fall within the legislative powers conferred by ..... which accrue or arise or are received in british india. the act was, i understand, passed in pursuance of reciprocal arrangements with great britain and dominion governments, and it is to be noticed that it is in very similar terms to section 25 of the finance act of 1925, which applies to great britain.7. the contention of ..... section 65 of the government of india act, 1919. that section, so far as material, provides: 'the indian legislature has power to .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR105
..... connection. on the other hand in palmer's company law (at p. 261 of the fifteenth edition) the learned commentator in dealing with the corresponding sections of the english company act gives the object of this provision as something quite different. he says:--why this solicitude on the part of the legislature as to publication of a ..... mixture, and (2) kaikobad cawashaw batliwalla, who is one of the directors of this company. they have been prosecuted for an alleged contravention of section 73(a) of the indian companies act which requires that every limited company shall paint or affix, and keep painted or affixed, its name on the outside of every office or place ..... painted or affixed outside its office or place of business as required by the section, and the learned presidency magistrate has found this proved as a fact and has convicted the applicants under section 74(1) of the act, which makes the contravention of section 73 penal, and imposed sentences of fine.2. the firm in question is .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom156; (1941)43BOMLR110
..... conviction in the first case (no. 98), in which evidence was recorded, should also be set aside. he points out quite correctly that under section 159 of the bombay municipal boroughs act it has got to be proved, firstly, that the accused is a person who has the building or land under his control, secondly, that he ..... applied his mind to the necessary ingredients of the offence. ' waste water' would not necessarily be offensive or likely to become offensive, which is what the section requires, and the magistrate's statement that the prosecution evidence justifies a conclusion that the offence had been committed hardly enables one to say that the necessary evidence ..... said to be the secretary of the new manekchowk mill at ahmedabad, of offences under sub-section 159 and 160 of the bombay municipal boroughs act (bom. xviii of 1925). in nine cases the prosecution was under section 159 which renders punishable the act of causing or allowing the water of any sink or sewer or any other liquid or .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom205; (1941)43BOMLR258
..... income-tax officer on behalf of any firm, constituted under an instrument of partnership specifying the individual shares of the partners, for registration for the purposes of the act, and then under sub-section (2) rules may be made. under the rules, which were in force down to april 1, 1939, it is provided in rule 2 that any firm, constituted ..... terms specified in the deed sought to be registered. the grounds on which he relies, coupled with the absence of any evidence that the mother really was for any purpose,-finance, working or otherwise-, a partner in this firm do afford some ground on which the assistant commissioner could hold that this never was a genuine partnership, that it was ..... relies on the fact that a large cash balance of nearly a lakh and a half existed in this partnership in 1937, which made it unnecessary to secure a new financing partner, and that it is not proved that the mother has in fact brought in any capital, nor is it proved that she had any capital to bring in. .....
Tag this Judgment!Court : Mumbai
Reported in : [1941]9ITR44(Bom)
..... income-tax officer on behalf of any firm constituted under an instrument of partnership specifying the individual shares of the partners, for registration for the purposes of the act, and then under sub-section (2) rules may be made. under the rules, which were in force down to april 1, 1939, it is provided in rule 2 that any firm constituted ..... terms specified in the deed sought to be registered. the grounds on which he relies, coupled with the absence of any evidence that the mother really was for any purpose,-finance, working or otherwise-a partner in this firm, do afford some ground on which the assistant commissioner could hold that this never was genuine partnership, that it was a ..... relies on the fact that a large cash balance of nearly a lakh and a half existed in this partnership in 1937, which made it unnecessary to secure a new financing partner, that it is not proved that the mother has in fact brought it in any capital, nor is it proved that she had any capital to bring in. .....
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