Judgment Search Results Home > Cases Phrase: finance act 2007 section 46 amendment of section 142 Sorted by: old Court: privy council Page 3 of about 181 results (0.043 seconds)

Shivi Gowda and ors. Vs. Fernandes and ors.

Court : Chennai

Reported in : (1911)ILR34Mad513

..... plaintiffs' accounts.3. the plaintiffs are merchants and the defendants are coffee planters, and the plaintiffs' accounts show that, from the year 1893, the plaintiffs had been financing the defendants and the defendants had been sending consignments of coffee to the plaintiffs, in april 1893, a sum of rs. 4,000 was advanced by the plaintiffs and ..... that the account is a mutual, open and current account with reciprocal demands between the parties, within the meaning of article 85 of schedule ii, indian limitation act.10. the question of limitation is embodied in issue no. 4 but the learned district judge in dealing with it in paragraph 6 of his judgment has confined ..... a mutual, open and current account, where there have been reciprocal demands betwee the parties within the meaning of article 85 of the second schedule to the limitation act. if so, the defendants' plea of limitation fails. if not, the plaintiffs are not entitled to recover in respect of items in the account prior in date .....

Shiev Gowda Vs. C.S. Fernandez

Court : Chennai

Reported in : (1911)21MLJ391

..... on the plaintiffs' accounts. the plaintiffs are merchants and the defendants are coffee-planters, and the plaintiffs' accounts show that from the year 1893 the plaintiffs had been financing the defendants and the defendants had been sending consignments of coffee to the plaintiffs. in april 1893 a sum of rs. 4,000 was advanced by the plaintiffs and ..... argued that the account is a mutual, open and current one with reciprocal demands between the parties within the meaning of article 85, schedule ii, of the indian limitation act.5. the question of limitation is embodied in issue no. 4, but the learned district judge, in dealing with it in paragraph 6 of his judgment, has ..... a mutual, open and current account, and whether there have been reciprocal demands between the parties within the meaning of article 85 of the second schedule to the limitation act. if so, the defendant's plea of limitation fails. if not, the plaintiffs are not entitled to recover in respect of items in the account prior in .....

Manomohan Ghose Vs. Emperor

Court : Kolkata

Reported in : (1911)ILR38Cal253

..... was nor whether all the articles were by the same author.3. it was urged by the learned advocate-general that these articles were admissible under section 15 of the evidence act for the purpose of showing that the publication of the article before us in this case was not accidental, but that has obviously nothing to do ..... not the monstrous and misbegotten scheme which has just bee a brought into being but a measure of reform based upon democratic principles...an effective voice in legislation and finance, and some check upon an arbitrary executive. we demand also the gradual, devolution of executive government out of the hands of the bureaucracy into those of the people ..... by the subsequent portion of the article when the writer sets out what the demand of the nationalist party must be, viz., an effective voice in legislation and finance and some control over the executive.11. the next portion of the article on which the learned advocate-general laid stress is the portion 'the survival of .....

The Hope Mills Limited Vs. Sir Cowasji J. Readymoney

Court : Mumbai

Reported in : (1911)13BOMLR162

..... not otherwise bound to do; and that a mortgagee in possession is certainly not bound to work a mill, or to finance it. looking to the terms of sections 72 and 76 of the transfer' of property act, and some of the cases which have been decided under them it may be doubted whether this proposition is quite correct. ..... consequences, if any, following upon that fact, that we must look for a sufficient objection to the agreement and not to any objections taken under the sections of the registration act merely for want of registration. for, as soon as it can be shown that where all the consequences of the agreement are absolutely identical so far ..... has been substantially in controversy from the moment these agreements were tendered in evidence, is that neither directly nor indirectly do they, to use the language of section 17 of the registration act, 'purport or operate to create, declare, assign, limit or extinguish whether in present or in future any right, title or interest whether vested or .....

Nalam Padmanabham Vs. Sait Badrinatt Sarda and ors.

Court : Chennai

Reported in : (1911)21MLJ425

..... cites natla bapiraju v. puranachute rajajee (1916) m.w.n. 549 as supporting his contention. in that case miller and ktishnasawmi aiyar jj. held that section 13 of the abkari act (madras act i of t886) 'does not prohibit a person who has no license from holding an interest in the manufacture or vending the liquor jointly with the manufacturer ..... out that his client did not really become a partner with the defendants but merely became entitled to a share of the profits of the business in consideration of financing it, but this contention is obviously contrary to the case set out in the plaint and we must decline to consider it.6. we are also of opinion ..... by law, is unlawful and void. the contract in this case was intended to enable the plaintiff to sell opium without a license - an act which is forbidden by section 4 and made penal by section 9. mr. ramachandra aiyar for the appellant contends, that according to the terms of exhibit a, the agreement between the parties, the actual sale .....

NalaIn Padmanabham Vs. Sait Badrinadh Sarda and ors.

Court : Chennai

Reported in : (1912)ILR35Mad582

..... appellant cites naila bapiraju v. puraniohuta rajujee (1910) m.w.n. 549 as supporting his contention in that case miller and krishnaswami ayyar, jj. held that section 13 of the abkari act (madras act i of 1886) 'does not prohibit a person who has no license from holding an inter.)3b in the manufacture or vending of the liquor jointly with ..... out that his client did not really become a partner with the defendants but merely became entitled to a share of the profits of the business in consideration of financing it, but this contention is obviously contrary to the case set out in the plaint and we must decline to consider it.5. we are also of opinion ..... forbidden by law, is unlawful and void. the contract in this case was intended to enable the plaintiff to sell opium without a license an act which is forbidden by section 4, and made penal by section 9. mr. ramchandra ayyar for the appellant contends that according to the terms of exhibit a, the agreement between the parties, the actual sale .....

Glendinning Vs. Hope and Co

Court : House of Lords

..... applies, i think, to the case of a stockbroker who buys stock for a client. and the cases of jones v. peppercorne, and in re london and globe finance corporation, establish that in england as part of the law merchant, which apparently must be judicially noticed (brandao v. barnett ), bankers and brokers have a general lien on ..... division should be reversed and that of the lord ordinary restored. lord shaw of dunfermline. the appellants are stockbrokers in edinburgh, and in august and september 1909, they acted as such for the respondent, their client. in the middle of august they purchased for him 100 shares of the globe and phnix gold mining company. on ..... to sell is alleged to have been entered into, stated could not be done. in my opinion there is no proof whatever, of a character to be safely acted upon, that the appellants ever entered into this absolute contract to sell these shares. the respondent's repudiation of his contract to purchase these 200 shares was consequently .....

Kedar Nath Samanta Vs. Manu Bibi and anr.

Court : Kolkata

Reported in : 13Ind.Cas.879

..... l.t. 782 : 26 w.r. 714 quoted in fry on specific performance, certainly lends support to this view, and reference may also be made to section 15 of the specific relief act, 1877.3. next, it is argued that the plaintiff is disentitled to specific performance by reason of his delay. but it is quite evident that there has ..... and the appellant's defence in the former suit was that she had plenty of well-wishers and advisers. moreover, in the former suit the 1st defendant was financed and supported by the plaintiff. no doubt, this assistance was not disinterested, hut when the 1st defendant accepted his assistance in her suit knowing that that assistance was ..... the consideration offered by the plaintiff is grossly inadequate.14. i am thus satisfied that in the transaction which he seeks to enforce the plaintiff-respondent was not acting in good faith and took improper and undue advantage of the difficulties of the 1st defendant.15. moreover, he has come into court with the false allegation that .....

Basrur Venkata Row Vs. the Crown

Court : Chennai

Reported in : (1912)22MLJ270

..... one nagappa hande. nagappa was also charged with forgery before the committing magistrate but died after his commitment to the sessions court. these two persons, nagappa hande and vishnumurti, financed one tammava urala in 1897 in a partition suit instituted by tammaya urala against his undivided co-parceners. nagappa obtained a mortgage bond from tammaya urala and executed a mortgage ..... assessment to income tax of one vishnumurti upadhya for the year 1905-1906. the prosecution alleges thai the b. schedule of income put in by vishnumurti under the income-tax act, the takid issued to the village officers of gundmi to send a report, the takid issued to the patel of gundmi to communicate to the assessee the order of ..... amount of suspicion that he may have had a hand in the forgeries.6. i consider the present case to be one in which it would be dangerous to act on the uncorroborated evidence of the handwriting expert. the conviction of the 1st accused must be set aside and his release ordered. .....

In Re: Basrur Venkata Row

Court : Chennai

Reported in : 14Ind.Cas.418

..... of the appellant could be taken as evidence of that fact. the testimony of a witness given before the committing magistrate may, by the special provisions of section 288 of the criminal procedure code, be accepted as substantive evidence if he is examined at the trial before the sessions court, and may be preferred to the statement ..... hande. nagappa was also charged with forgery before the committing magistrate but died after his commitment to the sessions court. these two persons nagappa hande and vishnumurti financed one tammaya urala in 1897 in a partition suit instituted by tammaya urala against his undivided co-parceners. nagappa obtained a mortgage-bond from tammaya urala and executed ..... -tax of one vishnumurti upidhya for the year 1905--1906. the prosecution alleges that the b. schedule of income put in by vishnumurti under the income tax act, the takid issued to the village officers of gundmi to send a report, the takid issued to the patel of gundmi to communicate to the assessee the .....