Court : Kolkata
Reported in : 64Ind.Cas.649
..... the facts as found.15. the second is that the companies who jointly occupy a holding cannot all be made liable.16. the third is that the provisions of section 87 of the act have not been observed.17. as regards the first of these points it is not disputed that the procedure is for the tea, which, of course, is grown ..... of . jaipaiguri. the tea is sent direct from the gardens to calcutta and sold there. the sale-proceeds are sent to the jaipaiguri banking and trading corporation, which is the financing bank of the two companies and has its office in the town of jaipaiguri. the amounts received by the bank are placed to the credit of the respective companies. the ..... outside municipal limits, to be sent to calcutta for sale. the companies are financed by the jalpaiguri trading and banking co. when the tea has been sold the proceeds, which .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR290
..... fraudulent and void as against the official assignee in the bankruptcy.2. in singapore the matter is regulated by section 51(1) of the bankruptcy ordinance, which is identical with the provision on the same subject in the english bankruptcy act.3. the result depends on the answer to be given to the question was the transfer to the appellants ..... sime for financial assistance. he told him that he was engaged in buying rubber on commission for certain firms in america, and that he wanted advances to enable him to finance these transactions. the business involved no or little risk. the debtor received instructions from the american firm to buy rubber on their behalf. the rubber thus bought in the ..... on may 29, june 5 and 9. on the evening of june 9, it came to the knowledge of mr. sime that, in addition to the business which had been financed by him, the debtor had for some time been speculating in rubber, and mr. sime became anxious about his security. he did not, however, then or on june 10, .....
Tag this Judgment!Court : Chennai
Reported in : (1947)1MLJ54
..... court without further research to satisfy itself that the learned district judge did give due consideration to the materials available. there is, however, no provision in section 237 of the companies act requiring the court to set forth its reasons when directing the liquidator to launch prosecutions ; and although it is obviously desirable whenever a court passes an ..... not to direct the prosecution of a delinquent director of a company as part of the proceedings in liquidation have been laid down by buckley, j., in london and globe finance corporation, ltd. (1903) 1 ch. d. 728. the learned judge says:what are the considerations which ought to govern it? the principle lies, i think, in ..... assets and the distribution of a further dividend out of the balance in the hands of the liquidators and also asking that the prosecution already ordered should not be financed out of the funds of the company. at the same time there was a further petition, i.a. no. 97 of 1946, in which the same petitioners .....
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. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All117
..... of manohar singh and others, but their title was disputed by two other reversioners, daulat singh and pahlwan singh, who brought a suit against them.7. manohar singh etc. were financed in this litigation (suit no. 669 of 1920) by bahauddin. the suit against them was dismissed and to liquidate the liability incurred they executed a mortgage deed on 16th august ..... bring an action by his guardian before, and in each of these cases, therefore, the court looks to expln. 6 of section 11, civil p.c., to see whether or not the leading member of the family has been acting on behalf of minors in their interest, or if they are majors, with the assent of the majors.29. these rulings are ..... he had been in possession for only about 5 years.8. aggrieved by what, he considered an act of bad faith on the part of manohar singh etc. bahauddin now proceeded to finance govind singh and hanumant singh in a suit for possession of the property of jang bahadur singh as sons of his father's sisters. this suit no. 15 .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR545
..... exercised in receiving accomplice evidence, and directions as to the character in this respect of some of the witnesses. section 133 of the indian evidence act was explained at the head of the charge, and is again referred to at page 498. sanmalappa is here ..... and the examination (if any) of the accused are concluded, the accused shall be asked whether he means to adduce evidence'. section 342(1) provides that 'for the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the ..... of this court has given a similar ruling to the effect that in offences committed in the same transaction within the meaning of section 239 of the code of criminal procedure there should be clear proximity of time and space, clear continuity of action, and ..... 's actions, and that had this not been the case the business of bleeding sanmalappa to the limits of his finances, and accused nos. 4 to 9 to the extent of rs. 1000, could not have been carried through. there is no .....
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 : AIR1925Bom458; (1925)27BOMLR581; 87Ind.Cas.771
..... it may not be said that the commissioner uses his discretion under my orders and that therefore the other parties are debarred from moving under section 515 of the municipal act or taking proceeding under the civil procedure code or taking criminal proceedings. my order is based entirely on the view i have taken that the commissioner illegally ..... applicant and which necessitated these proceedings, that the order of the appeal court protected all the inhabitants of the locality in respect of this nuisance. probably they financed that litigation and backed up the complainant mr. mallandaine in the belief that if he succeeded, there would be an end of the matter. they did not ..... the complainant that the complainant was fighting not only his own battle but the battle of the other residents in the locality, who, it appears, had also financed him. the learned magistrate has, however, based bin decision mainly on the evidence which showed that the stables would cause a nuisance to the residents of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1947Mad447; (1947)2MLJ120
..... during its currency.4. in september, 1944, the corporation served upon each of the plaintiffs nos. 1 to 9 a notice stating that under section 301(2) pf the madras city municipal act, the standing committee (taxation and finance) at its meeting held on the 30th august, 1944, determined that a specified fee per mensem should be levied for the stall in his ..... be made to the relevant provisions of the madras city municipal act.section 4. the municipal authorities charged with carrying out the provisions of the act are:(a) a council,(b) standing committees of the council, (c) a commissioner.section 6. there shall be six standing committees of which the fourth is taxation and finance.section 80. every contract shall be made on behalf of the .....
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