Court : Mumbai
Decided on : Dec-06-1933
Reported in : AIR1934Bom307; (1934)36BOMLR643
..... darkhast must be time-barred, and the respondent could not get the benefit of the amending act of 1929, because that act came into force on january 1, 1929, i.e., after the respondent had lost his right under the former act, and that therefore the second darkhast could not be regarded as within time at all. ..... we, therefore, think that the lower court was right in holding that it is the decree of the appellate court that is the starting point for limitation.10. but, apart from that, we think that even according to the general provisions of the law the decree would mean the final decree in the proceedings between ..... the decree in his favour to the extent of the excess. in virtue of that agreement the executing court seems to have disposed of the darkhast on march 9, 1925, stating that execution can only lie for the excess amount and not for the amount decreed in the respondent's favour. then, on february 20 ..... present respondent was disposed of, as i have stated, on february 20, 1925, and it appears from an order passed by the executing court on march 9, 1925, that there was an agreement between the parties to the following effect, when both the suits were going on. the agreement was that after the ..... till june, 1925, that is, nearly three months after the order of the court incorporating the agreement between the parties.9. mr. desai has argued that at that time, i. e., on march 9, 1925, it could not have been the intention of the parties that it was the decree of the appellate court that .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-13-1933
Reported in : AIR1933Bom381; (1933)35BOMLR722; 145Ind.Cas.557
..... transfer of property before april 1, 1930. but section 16 which introduces section 53a is not one of them, and, therefore ..... then admissible, and if so for what purpose section 49 of the indian registration act lays down that no document required to be registered shall affect any immoveable property comprised therein or be received as evidence of any transaction affecting such property unless it has been registered. a proviso was added to that section by section 10 of act xxi of 1929, and it runs as follows ..... necessary, nor was any objection taken by the defendant on that ground. section 53a deals with the doctrine of part performance of a contract, and is added by section 16 of the transfer of property (amendment) act (xx of 1929). section 63 of act xx of 1929 lays down that certain amendments made by that act shall not be deemed to affect the terms or incidents of any ..... to the defendant. his only claim is for damages for breach of the agreement, and the suit is within time.9. the parties are agreed that the amount of damages payable by the defendant to the plaintiff is rs. 5,000.10. there will, therefore, be a decree for the plaintiff against the defend ant for rs, 5,000 and costs and .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-1933
Reported in : AIR1933Bom234; (1933)35BOMLR376; 145Ind.Cas.138
..... passed in 1887, and, therefore, before the present amended sections of the bombay abkari act came in force. for instance, the police powers given by the present sections 41, 41a, 41b and 41c, were conferred by section 25 of the bombay abkari (amendment) act, 1912 (bom. act xii of 1912). it may, therefore, be that, since the amending act of 1912, certain excise-officers in bombay are police ..... excise-officers, though not expressly mentioned, in the expression 'officer of police' as used in section 25 of the indian evidence act, than there is for adopting the same interpretation in the case of section 495 (4) of the criminal procedure code. moreover, the criminal procedure code was extensively amended in 1923 at a time when the powers of investigation exercised by excise-officers were in full ..... 1912 have been given certain powers of investigation which are almost identical with those given to police-officers under the criminal procedure code. but that does not convert them into police-officers.10. the only authority directly in point is an unreported case of this high court in imperator v. charles stanley wilson (1919) cr. app. no. 418 of 1919, ..... government resolution, conduct the prosecution in any case and the court would not have the power to prevent them doing so on the ground that they had investigated the case.9. apart from authority the matter seems to me to he fairly simple. there is no definition of a 'police-officer' in the criminal procedure code, but prima facie a police .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-24-1933
Reported in : (1934)36BOMLR237
..... the first and second applications for execution made on june 2, 1925, and july 8, 1926, respectively.26. it should be noted that the terms of this article have been amended by act ix of 1927, by the provision that in clause 5 of the entry in the third column, for the word 'applying' the words 'the final order passed on an application ..... the objections raised by the judgment-debtor could not now be maintained.19. in the case cited, the question, stated briefly, was whether under article 182(5) of the indian limitation act (ix of 1908) it is sufficient to show that an application was made in accordance with law to the proper court for execution or to take some steps in aid of ..... money decrees, and the property, which was attached in execution of the decrees, being ancestral property, the execution proceedings were transferred to the collector in accordance with the provisions of section 68 of the code of civil procedure.5. on august 29, 1911, the collector, as he was entitled to do, granted a lease to habib-ur rahman khan of the ..... date, i.e., august 4, 1926, the notice to mohammad khalil-ur rahman khan was returned unserved. the decree-holder took further time and again notice was issued. on september 10, 1926, the notices being served, legal representatives were brought on the record. as the decree-holder took no further steps in the prosecution of the execution proceeding, the application was .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-07-1933
Reported in : (1934)36BOMLR267
..... assessment order on burn & co., an unregistered firm carrying on business in calcutta, assessing them to income-tax and super-tax for the year 1927-28, under section 23 (1) of the indian income-tax act, 1922. the main question in the present appeal, in which the individual partners of burn & co. are the appellants, is whether it was competent to make this ..... of the purchasers was to embark on a separate venture unconnected with martin & co.6. in consequence of this decision the assessment which had been made on martin & co. was amended by the elimination therefrom of the income returned by burn & co., and on november 8, 1930, an assessment, being the assessment under appeal, was made on burn & co. on their ..... made within the year following the tax year, or at least unless a notice calling for a return is made within the year following the tax year.10. it will be observed that under section 34, if a notice is served within one year after the expiry of the tax year, the subsequent assessment or re-assessment may apparently be made at ..... charged had the income, profits or gains not escaped assessment or full assessment, as the case may be.9. the appellants were not able to point to any express provision of the act limiting the time within which an assessment must be made. in particular, section 23, under which the assessment in question purports to have been made, contains no such limitation. they .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-07-1933
Reported in : AIR1934Bom189; (1934)36BOMLR277; 152Ind.Cas.267
..... the exception contained in the last clause of the section. when those implications are attended to, the argument becomes still more futile.9. another argument was placed before us on behalf of the appellants in connection with section 100 of the transfer of property act. this section has been amended by section 50 of the transfer of property (amendment) act, xx of 1929, by the addition of the words ..... :and save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge.10 ..... , be disregarded. thus, registered documents are to have priority over oral agreements (unless they come under the exception which is at present irrelevant). the argument in answer to section 48 of the indian registration act was that priority is only given as against an oral agreement : and an oral agreement is explained for the purposes of this answer as a bare agreement,-an ..... and defendant no. 2 might no doubt have both been plaintiffs. if this point had been taken earlier defendant no. 2 could have been made plaintiff under order i, rule 10(2). if there had been any substance in the point, we should have done so in this court.24. in our opinion, this appeal should be dismissed with costs. .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-18-1933
Reported in : (1934)36BOMLR408
..... or proceeds, shall be barred by any length of time.13. section 10 was amended by section 2 of the indian limitation (amendment) act, 1929, which provided as follows:2. in section 10 of the indian limitation act, 1908 (hereinafter referred to as the said act), the following paragraph shall be inserted, namely:for the purposes of this section any property comprised in a hindu, muhammadan or buddhist religious or charitable ..... applicable to the suit at that time.16. the provisions, therefore, of the amendment act of 1929 are not applicable, and the question is whether the unamended section 10 of the indian limitation act of 1908 is applicable to this suit.17. in order to bring the suit within that section it would be necessary for the plaintiff to show that the lands in question ..... by any other name, is merely a manager. he is certainly not a 'trustee' as understood in the english system.21. it was stated that the amendment hereinbefore mentioned of section 10 by the act of 1929 was effected in consequence of the abovementioned decision.22. their lordships are of opinion that, in view of the abovementioned decision (which apparently was not ..... of the then sajjadanashin. this was obviously entered into for the protection of the wakf and as a safeguard against the assertion of any adverse title by the mujawars.9. the following passage therein is material as showing the relations and positions of the respective parties:we do not in any way interfere with the village or the monastery. .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-03-1933
Reported in : AIR1934Bom86; (1934)36BOMLR68; 150Ind.Cas.467
..... were given.19. the question we have to deal with is as to whether the plaintiffs have derived any benefit within the meaning of section 216 of the indian contract act from having supplied their own goods in purported fulfilment of contracts placed with them by the defendants to purchase such goods in the open ..... to be paid the amount of any profits made by the plaintiffs in dealing with their own goods under section 216 of the indian contract act. section 215 deals with the right of rescission; and then section 216 is in these terms:if an agent, without the knowledge of his principal, deals in the business ..... transactions between the parties seem to have treated themselves as being pakka adatias and not mere commission agents; and before the commissioner they asked leave to amend their plaint by alleging that they were pakka adatias. that application on their behalf was rejected, as the commissioner held that they could not change the ..... is to construe the indian contract act. the words of section 216 are quite general, and contain no such qualification on the liability of an agent to account for a profit made by the sale of his own goods to the principal as was approved in in re cape breton company.10. i am not, ..... the other hand, the privy council in the case of burland v. earle [1902] a.c. 83-an appeal from canada-followed the decision without comment.9. whether the case of in re cape breton company was rightly decided or not, it cannot be said, i think, to have laid down a principle .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-22-1933
Reported in : AIR1933Bom450; (1933)35BOMLR929; 145Ind.Cas.630
..... and that it was not in respect of the same cause of action, and that, therefore, the conditions necessary to bring the case within section 14 of the indian limitation act, 1908, were not fulfilled.6. in determining whether the suit falls within article 85, the first question to be decided is, whether there ..... and current account, and applied for an amendment to that effect. the amendment was opposed but allowed by the learned judge.17. the contentions raised by the learned advocate general in appeal are : (1) that the plaintiffs are not entitled to rely on section 14 of the indian limitation act, 1908, as it is not proved that ..... plaintiffs stated that they were giving up cotton business and promised to make up accounts on receiving a statement of account from the defendants. on july 10 the defendants wrote to the effect that rs. 2,123 odd were due to the plaintiffs and along with that letter sent a full statement of ..... statement of account was sent by the defendants to the plaintiffs. the ankda at the foot of it showed the sum of rs. 2,123-14-9 as 'balance payable.' in their letter of july 16 the plaintiffs repudiated the hawala and called upon the defendants to furnish particulars or a detailed ..... with the plaintiffs. that may have been the defendants' view in 1932, but it does not follow that it was the plaintiffs' view in 1925.9. with regard to the claim on the alleged admission on which the learned judge was against the plaintiffs, i agree with his decision and have nothing .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-27-1933
Reported in : (1933)35BOMLR507
..... to the conduct of the four accused, and that there were strong reasons to believe that the accused had committed offences under sections 120b and 194 of the indian penal code. the form of this amendment does not appear to be much better than the original. on the same day, however, the government advocate did file an ..... imprisonment for life, except for a younger prisoner whose sentence was reduced to ten years' imprisonment.10. after the conviction of the accused before the sessions judge phulkumari had been charged before the magistrate under section 182 of the indian penal code with giving false information to the police as to the assault on her. it ..... severe and may have been indicted by blunt ends of lathis or some such blunt weapon or fist or heel and the like.10. same as no. 9.11. same as no. 9.12. same as no. 9.(signed) g. prasad, a.s., arrah, 20-8-28.7. on august 30, the accused appeared before the district ..... and hour.7. of despatch from village-8 p. m., 2-8-28.8. of arrival of dead house-9-45 a. m., 4-8-28.9. of post mortem examination-10-30 a. m., 4-8-28.10. by whom identified to medical officer-(1) constable girwar singh, (2) choukidar jharul dusadh of anandichak, (3) dafadar ..... place see detail description to injury. weight, 16 1/2 ch.8. spleen-weight, 6 1/2 ch.9. kidneys-left. weight, 3 inches. right kidney was ruptured. weight, 31/2 ch. see detailed description of injury.10. bladder-full, about 6 ounces of urine.11. organs of generation, external and internal-v. muscle and .....
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