Court : Chennai
Reported in : (1908)18MLJ497
..... words, the degree of care is similar to, if not the same as, that required to be taken by a bailee by section 151 of the indian contract act.47. the carriers act of 1830 enabled the inland common carriers to exempt themselves from liability by special agreement, and as there was no reason to treat carriers by sea differently ..... injury or default.9. in the bombay case to which i have referred, the suit was against the same defendants, and it would seem that the defendants have amended this bill of lading to meet the decision in that case. the first clause of the special condition in the bill of lading in the bombay case is ..... prohibition, pirates or robbers by sea or laud, accident', loss and damage from vermin, barratry, jettison, collision, fire, accidents to or defects latent or otherwise in hull, tackle, boilers, or machinery, or their apur-tenances, steam, and all the perils, dangers, and accidents of the sea, rivers, land carriage, and steam navigation of whatsoever nature and kind; .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR195
..... the matter from another point of view, it should be noted that the assessment in question is in the first year after the amendment was made in the income-tax act of 1939. before the amendment, there were rules in the schedule dealing with the assessment of profits of insurance companies. rule 25 covered the case of insurance ..... the correct method of approach to it and by keeping in mind that method and status are two independent and incomparable conceptions.17. section 3 of the indian income-tax act is the charging section, and by it income-tax shall be charged in respect of the total income of every individual, hindu undivided family, company, etc ..... companies incorporated in 'british india,' while rule 35 covered the case of indian branches of non-resident insurance companies. the wording of rule 8 .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR938
..... year of charge, is the calendar year 1938. the amendments to the indian income-tax act, 1922, made by the indian income-tax (amendment) act, 1939, which came into force on april 1, 1939, apply to the year of assessment. the act of 1922 as so amended by the act of 1939 will hereinafter be referred to as 'the act.'3. it follows from the above that the problem for ..... of a nonresident life insurance company, and such problem arises, not under rules 25 and 85 of the old indian income-tax rules, but under the rules contained in the schedule to the amending act of 1939.4. section 3 of the act, which is the charging section, draws no distinction between resident and non-resident assessees. section 4(1) provides that the total .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1937All129
..... , the words 'or by any law passed by the governor-general in council' were added to section 136, so as to make it subject to the indian act. also by the same amending act section 151, army act, which has provided for the attachment of the pay of all persons subject to military law in india other than soldiers of the regular forces, was repealed ..... the pay of officers and soldiers of his majesty's regular forces. although that act is amended every year the expression 'the governor-general in council' has not been amended to 'the indian legislature' and apparently the power to make laws under the amended section 136 has not been given to the indian legislature, and this is also shown by the quotation above from section 110 .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR490
..... (b). further, the magistrate has referred in his complaint to section 182 specifically and it may be that it would be possible to confine the complaint by amendment or otherwise to section 182. but here we have a different question of jurisdiction, because we have not on that hypothesis a complaint similar to that for which ..... never intended that this should constitute a 'charge' by him, or amount to the institution of any criminal proceedings within the meaning of section 211 of the indian penal code. the district magistrate on the other hand took the view, as appears from the above complaint, that the applicant was making a formal charge of ..... the sub-divisional magistrate of dharwar, against the present applicant, pampappa ballalrao desai, requesting that pampappa be tried for an offence under section 211 or 182 of the indian penal code or such other offence as the inquiry may disclose during the trial, pampappa presented an appeal to mr. ferrers, the sessions judge, praying that this .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR591
..... general lines.19. these ordinances were made under the powers conferred on the governor-general by section 72 of the ninth schedule to the constitution act, as amended by the india and burma (emergency provisions) act, 1940 (3 & 4 geo. vi, c. 33). under the said section 72, as it originally stood, ordinances were limited to an ..... if the governor-general has in his discretion issued a proclamation of emergency as therein defined, power was given to the federal legislature and therefore to the indian legislature to make laws for a province or any part thereof with respect to any of the matters enumerated in the provincial legislative list. such a proclamation of ..... september 3, 1939. it is by virtue of these provisions and the making of this proclamation of emergency that not only was the indian legislature authorised to enact the defence of india act, 1939, with wide powers to make rules and orders, extending in innumerable cases to matters comprised in the provincial legislative list, but .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR129
..... shall apply to the assessment to be made for the year beginning on the first day of april 1939, as though the indian income-tax (amendment) act, 1939, had not been passed.the argument is that section 17 of the amended act is the only section under which the income-tax officer can determine the rate in the case of a nonresident, and that ..... 1938. it is common ground that in fact no super-tax had been deducted under section 18 of the indian income-tax act. so the only question that remains to be considered is : would super-tax have been deductible if the indian income-tax (amendment) act of 1939, instead of coming into force in 1939, had come into force on april 1, 1938 therefore ..... clause (b) :in cases in which super-tax has been deducted under the provisions of section 18 of the said act,and it has not been deducted in this case,or would have been so deductible had the indian income-tax (amendment) act, 1939, come into force on the first day of april 1938, the rates of super-tax for the year .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom373
..... shown to constitute a new cause of action, which as an independent suit would be barred, the amendment would be refused. bat if the amendment is once admitted, i think it follows, from a fair interpretation of the indian act, that limitation must only count from the institution of the suit. moreover, in the present case, the negligence, in respect of ..... 1 ch. div. at p. 26. lord romilly says l.r. eq, 11:' directors are responsible as trustees for the employment of funds. in section 88 of the indian trusts act, no. ii of 1877, directors are placed in a list of persons bound in a fiduciary character to protect the interests of others. and the specific relief ..... the unallotted shares, is too much in part materia with the rest of the claim to be considered a distinct cause of action, such as was the subject of the amendment in the case .....
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom148
..... litigation, and neither affected nor took away any right, which circumstance, with respect to the enactments there concerned, was especially noted by lord justice giffard.17. the mercantile law amendment act, 1856 (19 and 20 vic., chap. 97, sec.), enacts that 'no writ of fieri facias or other writ of execution and no writ of attachment against the goods ..... tendered the amount directed to be levied, or unless he was released by virtue of the provision of the statute 11 and 12 vic. chap. 21, the indian insolvent act, and that if he failed to obtain his release in one of those modes, or unless he was discharged under the written order of the judgment-creditor's ..... any such right as that contended for by mr. inverarity. he can only work out his decree and obtain execution under it in the mode prescribed by the indian legislature,--a mode which differs greatly from that adopted for centuries and until a comparatively recent period in england.70. to describe the power which the execution-creditor .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom276; (1947)49BOMLR92
..... to fix a rate for the repair of a county bridge : rex v. inhabitants in glamorganshire (1792) 1 ld. r. 580; and to poor law commissioners acting under the poor law amendment act, 1834, in prescribing the constitution of a board of guardians in a parish where there was an existing poor law authority; rex v. the poor law commissioners. ..... ' suit fails. i would, therefore, dismiss this appeal with costs.coyajee, j.57. the appellants, who were the plaintiffs in the trial court, are licensees under the indian electricity act, 1910, being the assignee of a license granted on june 26, 1924, to messrs. ramkrishna l. amte and sidheshwar s. malinath. the assignment was made on january 28 ..... it is expedient to amend the law relating to the supply and use of electrical energy it is hereby enacted as follows. under section 3 it is plain that the grant of a license is at the discretion of the provincial government and el. (f) sub-section (2) of section 3 of the indian electricity act says that the .....
Tag this Judgment!