Court : Mumbai
Reported in : (1885)ILR9Bom244
..... that notification is stated to be issued in exercise of the powers conferred on the governor general by sections 4 and 5 of act xxi of 1879 ('the foreign jurisdiction and extradition act, 1879 '), which authorize him to delegate any power or jurisdiction which he has in any country or any place beyond the limits of british india to ..... that various parts of british india had never been brought within, or had from time to time been removed from the operation of the general acts and regulations and the jurisdiction of the ordinary courts of judicature; that doubts had arisen in some oases as to which acts or regulations were in force in such parts, and in other cases as to what were the boundaries of such parts, and that among such ..... ' the panch mahals and the cantonment of morar, as i have already pointed out, are recognized by the legislature as part of british india in acts xiv and xv of 1874, and i must hold that the cantonment or station of wadhwan, not less than the panch mahals and the cantonment of morar, is included in the term 'british india' as defined ..... act xv of 1874 ('the laws local extent act, 1874 ') which received the assent of the governor-general on the same day as the act ..... 1874 'the scheduled districts act, 1874 ..... 1 of the 'scheduled districts act, 1874. ..... by the acts xiv and xv of 1874 not only aden but the laccadive islands in the indian ocean, the andaman and nicobar islands, and ajmere and mairwara in the centre of rajputana are declared to be 'parts ..... of 1874) was .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR319
..... the learned magistrate it appears that it is amongst the regular activities of the war council, which is an unlawful association, to engage in picketing cloth shops in order to persuade people not to buy foreign cloth, and that the methods of picketing employed by the war council were similar to those employed in this case by the accused. ..... that the true limitation to be placed upon the section is really this, that there must be such a connection between the acts of the accused and the operations of the unlawful association that an intention to assist the operations of such association may be ..... in this revision application have been convicted under section 17(1) of act xiv of 1908 the grounds of the conviction being that on november 18 last they assisted the operations of the bombay provincial congress committee or war council, an association which has been notified as unlawful, by picketing some cloth shops in the mangaldas market with a view to preventing the sale of foreign cloth. ..... , i think, as i have said, there must be a sufficient connection between their acts and the operations of the association to enable the court to infer an intention to assist ..... found that the picketing of shops in this m anner is one of the main activities of the war council to enforce its views as to the sale of foreign cloth by this form of coercion, and that by this action the two women in question were assisting its unlawful operations and were therefore guilty of an offence under the act.10. .....
Tag this Judgment!Court : Mumbai
Reported in : 131Ind.Cas.470
..... stationed in front of a cloth shop which sold foreign cloth, and they were endeavouring to persuade people not to enter the shop and buy foreign cloth, they were not charged under what is called the picketing ordinance, but, as i have said, they were charged under section 17 (1), criminal law amendment act, with assisting the operations of an unlawful association ..... concerned in this revision application have been convicted under section 17 (1), act xiv of 1908, the grounds of the conviction being that on 18th november last they assisted the operations of the bombay provincial congress committee or war council an association which has been notified as unlawful, by picketing some cloth shops in the mangal-das market with a view to preventing the sale of foreign cloth. ..... has found that the picketing of shops in this manner is one of the main activities of the war council to enforce its views as to the sale of foreign cloth by this form of coercion, and that by this action the two women in question were assisting, its unlawful operations and were therefore guilty of an offence under the act.9. ..... within the section, for anyone may hold the opinion that indigenous goods only should be bought, and the sale of imported ones prevented even by resorting to picketing, and may act accordingly without consciously assisting an unlawful association thereby, though in fact such action may afford it indirect assistance, and we have had several examples of such a possibility pressed on our attention. .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR916
..... it would be both unreasonable and ungrateful to complain of the use made, by learned counsel on both sides, of the english decisions, but their lordships have carefully to remind themselves that ' the indian act is not in pan materia ; it is less elaborate in many ways, subject to fewer refinements, and in arrangement and language it differs greatly from the provisions with which the courts in this country have had to deal ..... the main contention, however, of the appellant is that the profits of the assessee's ' foreign ' transactions are but part of the profits of his bombay business, which must be computed as a whole, all profits and all losses having their effect upon ..... the assessee was held liable to pay tax upon profits derived by him from contracts made for the purchase and sale of commodities in various foreign markets- liverpool, london, new york and elsewhere outside british india. ..... section was solely directed to the case of a person resident in british india being the owner of a business carried on outside british india, no doubt meaning can be given to it without supposing that it was aimed at the foreign part of the business done by persons, firms and companies in india. ..... laying down any rule of general application to all classes of foreign transactions, or even with respect to the sale of goods. ..... if the profits of the assessee's speculations on the various foreign markets be regarded distributively as separate transactions, the question for decision is not inaptly framed .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR896
..... foreign liquor' includes all liquor imported into india by sea or land, and there is a proviso that the provincial government may by notification in the official gazette declare that any specified description of country liquor shall for the purposes of this act be deemed to be foreign ..... act vi of 1940, later preferred to, was as follows:--(1) no person not being a licensed manufacturer or vendor of any intoxicant or hemp and no licensed vendor except as authorised by his licence shall have in his possession any quantity of any intoxicant or hemp in excess of such limit as the provincial government under section 17 may declare to be the limit of retail sale, except under a permit from the collector:provided that nothing in sub-section (1) shall extend to any foreign ..... under section 17 may declare to be the limit of retail sale, except under a permit from the collector:provided that nothing in sub-section (1) shall extend to any foreign liquor, other than denatured spirit, in the possession of any common carrier or warehouseman as such, or purchased by any person for his bona fide private consumption and not for ..... impracticable, and for this reason government does not intend, so long as the legal position remained unmodified, to re-issue a notification under section 14b(2) of the bombay abkari act, or to enact a prohibition act which would have to be subject to the same disabilities.it must be added that it is clear, from the experience of the past and from, the advice tendered .....
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR404
..... during the rainy season when this nalla is full, the water that enters the defendant's land at the point b is really water which is foreign to the defendant's survey number although if it had been allowed to flow along the original channel it would have been augmented by the surface ..... natural result of the exercise of his own right of enjoyment if such exercise be excessive or extravagant or extraordinary or result in danger or in injury or inconvenience which might be easily avoided, nor can any act be justified as an ordinary user of premises which results in substantial interference with the ordinary use and enjoyment of property by other persons (see halsbury, vol. ..... to discharge water on the land of the inferior proprietor is not absolute, for instance, it would not be within his right to introduce water which was foreign to the land (see coulson and forbes on 'waters and land drainage,' 5th edition, pages 142-143). ..... they say:it would not, for instance, be within his right to introduce water which was foreign to the land for example, by procuring a pipe supply, or draining another watershed-and then insist that all the water so brought on the land should be received by the ..... it breaks away it must be a danger to his neighbour, and must do him injury: there such man is liable though he does nothing to let the water out-but it bursts away without any subsequent act of his.but then it is suggested that if a person has not brought the danger on his land it makes a difference. ..... 1874 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1948Bom272; (1948)50BOMLR49
..... read by the appellants' counsel in the course of his argument, yet, as i there also pointed out, when an english court has before it parties to a contract affecting immovables out of the jurisdiction, it will, acting in personam and not in rem, 'upon the conscience,' as it has been put, 'of the person living here', when it finds an equitable right enforceable by a judgment in personam, give effect to that equitable ..... and it would be impossible for the decree to be carried into effect....moreover, as equitable remedies are in the discretion of the court, jurisdiction will not be exercised (and a fortiori proceedings in foreign courts will not be restrained by injunction) where, on the whole, the question can be more conveniently decided in the local courts than in ..... para. 15 states that the defendants are not entitled to retain the remuneration which they have received from the plaintiffs as their agents because of the wrongful acts of the defendants which constitute gross misconduct; and the reliefs claimed are, first, as i have already stated, a declaration that the lands at jalgaon belong ..... that charity, it was at pains to observe that although the trust estate was situated outside jurisdiction, there was no defect of jurisdiction as far as clause 12 was concerned.as a court of equity acts in personam it may and sometimes does exercise its jurisdiction over trustees and others in respect of foreign land and otherwise in connection with, rights to property situated abroad. ..... .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR287
..... or in the name of his agent, and in the latter case such agent shall be deemed to be, for all the purposes of this act, the assessee in respect of such income-tax....regarding the last part of the section it was said that the indian legislature could not legislate about the income of a foreign government arising in a foreign country, and though it has sovereign powers, it can only exercise these powers within the field open to its vision ..... the provisions of section 4(1)(b)(ii) read with section 4a(c) of the indian income-tax act, 1922, as amended in 1939, which have the effect of bringing into charge the foreign income of a company incorporated and having its management and control in a foreign country, provided the major portion of its income arises in british india, was impugned as being ultra vires the indian legislature. ..... in an effective sense, a declaration by such a legislature that it imposes a tax upon a citizen of a foreign country toward whom there is no internationally recognised bond or relation, is, beyond the territories of that state, a futile act, and it is futile for the reason that beyond them it is incapable of enforcement. ..... , while dismissing the assessee's suit for recovery of the tax paid under protest as not maintainable, went into the merits of the case and upheld the validity of the provisions of the indian income-tax act, 1922, authorising the taxation of dividends paid to a foreign company in a foreign country out of profits earned in british india. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom210; (1950)52BOMLR275
..... it emphasises the fact that the war of liberation against foreign imperialists and indigenous capitalists has secured a victory of a decisive nature just as a victory has been scored by the people of india ..... issued a notice on 24th november 1949, purporting to be under sub-section (3) of section 3 of this act, calling upon him to deposit with the chief presidency magistrate, bombay, the sum of rs. ..... now, under that section, government can only act when security has not been required under the provisions of the act, or, having been required, has been refunded under sub-section (2) of section 3 of the act; and the provision of sub-section (2) is that, when security which has been required has been deposited and for a period of three months no order is made by government forfeiting that security, then the security shall, on ..... these are two applications under section 23, press (emergency powers) act, 1931, by the keeper of the jai gujarat printing press and the printer and publisher of the newspaper ..... advocate general has contended that, after the period of three months, the security becomes refundable to the keeper, and therefore it is not open to government to forfeit the security but it must act under sub-section (3) of section 3. ..... security is given, the law permits the provincial government under section 4 to forfeit the deposit, and in this case, although the deposit was made, government have not forfeited the deposit but have purportad to act under section 3, sub-section (3). .....
Tag this Judgment!Court : Mumbai
Reported in : 1951CriLJ1140
..... this is an application purporting to be under article 226 of the constitution for the following reliefs:(i) a writ of mandamus directing the respondents not to enforce against the petitioner the central provinces & berar prohibition act vii (7) of 1938 or all such sections of the same as may be found inconsistent with the constitution:(ii) a writ of mandamus directing the respondents to withdraw & cancel all such notifications rules & orders made by the respondents ..... the petitioner contends that although section 6 (3) of the act, which exempts any person of non-asiatic domicile or any member of the defence forces from any restraint in the matter of possession or consumption of any liquor, has now been repealed by the central provinces & berar prohibition (second amendment) act, 1947, the proviso to rules 7 & 7 a of the central provinces & berar foreign liquor rules, 1938, make a discrimination against the petitioner in allowing free permits to ..... the petitioner further contends that the prohibition act in so far as it prohibits the manufacture & sale of country liquor in prohibited areas & allows the sale of indian-made foreign liquor, is void under article 303 of the constitution inasmuch as it gives to the brewery industry in other states a preference over the same ..... (c) is section 29(2) of the act, read with rules 7 & 7-'a' of the central provinces & berar foreign liquor rules, affected by article 14 of the constitution inasmuch as there is a likelihood of unequal treatment of .....
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