Court : Mumbai
Reported in : (1929)31BOMLR1144
..... was, that in respect of three matters shown in these balance-sheets, the directors and other accused had made wilfully false statements, in contravention of section 282 of the indian companies act. all the three points have been discussed at considerable length in the learned presidency magistrate's judgment, and have also been considered in the judgment ..... at which it was passed.12. further, speaking for myself, i think, that the police courts are not the proper place to fight out disputed questions of finance in big companies or banks. that can be more properly done in the civil courts, more especially as the decision of the civil courts is binding, for if ..... court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect section 439, sub-section (2).3. section 440 applies to an accused, and therefore still more strongly does it apply to a complainant. we have, however, thought it right to .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR786
..... is not dealt with, nothing to suggest that the authority already conferred upon the settlor by the negotiation out of which the first agreement to act in the matter of obtaining funds to finance the pending action had been either limited or revoked. in the absence of any provision indicating that result it must, in their lordships' view, ..... on the occasion of this visit to the rajah of tuni. the suit recently started dealt with the whole trust property. the negotiation to have such a suit financed necessarily dealt with the whole trust property. the settlor could, prima facie, by signing the agreement for himself alone only bind his own interest in the trust property ..... last provision it is clearly the view of their lordships that the trustee would have been acting within his express powers, if, having money of his own at his command he thought proper to advance it, or some of it, to finance the contemplated litigation directed to secure and preserve the trust property for the purpose of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom148; (1937)39BOMLR1257
..... cost of the scheme.6. i think the answer to these contentions is to be found in the relevant provisions of the land acquisition act and the bombay municipal boroughs act. section 4 of the land acquisition act (i of 1894) provides in the first subsection :(1) whenever it appears to the local government that land in any locality is ..... that land is specifically given and, that power being there, the fact on which mr. thakor lays so much stress, viz. that the scheme is to be financed or partly financed out of the proceeds, cannot make the acquisition illegal.14. the only question is whether additional lands to a maximum depth of sixty feet (except in exceptional cases ..... (exhibit 179) and the introduction to mr. mirams' report (exhibit 89). this object is unchanged. what was changed was the method of carrying out the scheme and financing it. no doubt mr. mirams attached considerable importance to the housing of the dishoused, and that part of the scheme had to be dropped as being in the opinion .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All225
..... a legal practitioner for what amounts to misconduct or 'other reasonable cause' justifying the exercise of disciplinary jurisdiction. in my opinion, the costs can be awarded by any court acting under section 35, civil p.c., against a legal practitioner as such.157. it is, however, permissible for the court to direct payment of costs by the legal practitioner under ..... may be awarded against persons not being parties to the case. if a person institutes a suit in the name of the plaintiff who is not the real plaintiff, finances the litigation and is himself a de facto plaintiff, expecting to reap the fruits of the litigation, or if he is instrumental in the institution of a suit or ..... censorial power over its officers.72. the basis of this authority is the maintenance of honesty of officers of the court and a high standard of conduct: united mining and finance corpn., ltd. v. becher [1910] 2 k.b. 296(305).73. condery in his treatise on solicitors (pp. 1, 2 and 138) has pointed out that the .....
Tag this Judgment!Court : Allahabad
Reported in : 125Ind.Cas.477
..... a legal practitioner for what amounts to misconduct or 'other reasonable cause' justifying the exercise of disciplinary jurisdiction. in my opinion costs cannot be awarded by any court acting under section 35, civil procedure code, against a legal practitioner as such. it is, however, permissible for the court to direct payment of costs by the legal practitioner under circumstances in ..... be awarded, against persons net being parties to the case. if a person institutes a suit in the name of the plaintiff who is not the real plaintiff, finances the litigation and is himself a de facto plaintiff, expecting to reap the fruits of the litigation, or if he is instrumental in the institution of a suit ..... exercises censorial power over its officers.' the basis of this authority is the maintenance of honesty of officers of the court and a high standard of conduct united mining and finance corporation v. becher (1910) 2 k.b. 296 at p. 305 : 79 l.j.k.b. 1006 : 103 l.t. 65.47. condery in his treatise .....
Tag this Judgment!Court : Kerala
Reported in : AIR1950Ker83; 1950CriLJ1536
..... called the malayans questioning the legality of an order passed by government whereby the license granted to the said newspaper wan cancelled. the notice given under section 6 of tha act indicated fourteen different articles of several dates, which were said to be seditious and lively (i) to excite disaffection against, and to bring into hatred ..... in travancore is manned by syrian christiana. la this syrian predominance the catholic are the beneficiaries and they are trying with the help of their union and finance to make the best use of this opportunity in bringing the maximum benefit to tba catholics. there ia a great secret behind the grand reception offered to ..... appoint, ed financial secretary and sri fattom tharni pillai who held the finanoial portfolio in the last ministry was superseded by sri a. j. john the then finance minister thereby nationalizing all banking in the state. similarly when sii 0. p. gopala paninker, secretary, has been sent out of the secretariat and the entire .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom318; (1925)27BOMLR478; 87Ind.Cas.706
..... a casual and non-recurring nature however we may take it that the question now before us is whether the receipts in question cm be exempted under section 4 (3) (vii) of the act, which says : 'any receipts not being receipts arising from business or the exercise of profession, vocation or occupation, which are of a casual and ..... prices, but his resources failing it became known to the creditors of the firm, and the market in general, that the firm was not in a position to finance further the huge purchases which had been made so that its failure had become imminent. as a crisis would necessarily result if all its purchases were thrown upon ..... and that only the receipts arising from a business which is carried on continuously can be assessed. but the section refers to receipts arising from 'business' and not to receipts arising from 'a business.' the definition of 'business' in section 2 (4) is as follows:-''business' includes any trade, commerce or manufacture or any adventure or concern in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All221
..... and that he was not liable in respect of the money raised on bills to which he was no party. it was contended on the basis of section 251, contract act, which corresponds with section 22, partnership act, that the claim as against karim, to the extent of the liability of rashid, ought to fail. but their lordships held him liable for the ..... third partner who did not execute the note was liable.the learned judge has distinctly held thathe had no doubt whatever that the whole of the money was intended to finance the business.12. he has held that the business was a joint family business and even if we rule out of consideration the joint family character of the business, ..... not excluded : vide mohammad akbar khan v. attar singh ('36) 23 a.i.r. 1936 p.c. 171.to quote their lordships:before evidence is excluded under sections 91 and 92, evidence act, it must be proved that the document in question records or purports to record all the terms of the contract between the parties.the point has been made .....
Tag this Judgment!Court : Kolkata
Reported in : 1Ind.Cas.655
..... 330. the above cases were cited by the learned pleader for the appellant in support of his contention that to bring the case within the scope of section 4 of the indian companies act all the members of the company or association must be directly interested in the management of the concern either personally or through their duly constituted agent. in ..... the points urged on his behalf are (1) that the work was only for one season and not a continuing one and hence section 4 of the indian companies act has no application; (2) that section 4 indian companies act refers to business actually carried on by more than 20 persons, while in the present case under the agreement only one man, namely ..... . now applying these principles to the present case it is clear that the business was carried on by the 1st defendant alone and not by the association which financed him. the deed of partnership is not a deed executed by all the parties in favour of all, but one between the 1st defendant on the one side and .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR960
..... between him and the appellant.21. their lordships think that the view taken by the high court was right. it has long been held that in india agreements to finance litigation in consideration of having a share of the property if recovered are not per se opposed to public policy. they may be so if the object of the ..... it is for the person claiming the benefit of any such disposition to establish affirmatively that it was substantially understood by the lady and was really her free and intelligent act. if she is illiterate, it must have been read over to her: if the terms are intricate they must have been adequately explained, and her degree of intelligence ..... 1924. he analysed the evidence on both sides at considerable length and with obvious care. the respondent and kondayya impressed him as truthful witnesses. be felt himself bound to act upon the opinion of the expert that the thumb-mark was not that of the appellant. but, giving full weight to this consideration, he sums up the result of .....
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