Court : Mumbai
Reported in : AIR1941Bom178; (1941)43BOMLR194
..... when it was passed, and as according to the previous law there was no provision for limitation for redemption suits, the legislature provided a period of grace by the amending act xi of 1861 under section 1 of which a period of grace was given up to january 1, 1862, to bring suits for redemption of mortgages which were ..... as stated in that decision itself, viz., unless there was a distinct provision to the contrary. an example of such a contrary provision is section 2 of the indian limitation act of 1877 under which a right to sue once barred cannot be revived by the provisions of a later enactment. on the facts of the particular case which ..... sixth suit by the defendants. the material point for determination was the same, namely, whether the suits were barred by lapse of time under article 148 of the indian limitation act, and the finding of the learned judge was in the affirmative. in deciding that point he considered the acknowledgments relied upon by the plaintiffs, and came to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom198; (1939)41BOMLR290
..... this court as an equitable relief on the court granting to the plaintiffs the reliefs specifically provided for by section 53 of the indian patents and designs act. but this order for delivery up must be made in the spirit of the provisions of section 53. in section 53 it ..... and offered to submit to a decree (a) for an injunction in terms of section 53 (1)(a) and (b) of the indian patents and designs act in respect of the designs mentioned in the plaint, (b) to pay to the plaintiffs rs. 199, the amount of the profits made ..... this relief claimed by the plaintiffs is not restricted to the period during which, their rights in the registered designs may be subsisting under the act nor is it restricted to british india.4. the plaintiffs filed this suit on may 17, 1935, without giving any notice to the ..... somjee, j.1. the plaintiffs are the registered proprietors under the indian patents and designs act (ii of 1911) inter alia of two designs for printing textile goods. the plaintiffs filed this suit .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR942
..... of the high court dated october 25, 1945.4. the decision of this case depends on the interpretation of certain sections of the indian income-tax act, including amendments made by the indian income-tax (amendment) act, 1939 and earlier amending acts.5. it will be convenient to begin with section 23 which deals with assessment. some confusion arises from the fact that in the ..... in it income profits and gains accruing or arising to it without british india in accordance with the provisions of section 4(l)(b) of the indian income-tax (amendment) act, 1939, and is thereafter apportioned among its partners for inclusion in their individual assessments under section 28(5)(a) of the ..... including in it income profits and gains accruing or arising to it without british india in accordance with the provisions of section 4(1)(b) of the indian income-tax (amendment) act, 1889, and is thereafter apportioned among its partners for inclusion in their individual assessments under section 23(5)(a) of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR17
..... for restitution of conjugal rights, whore- the parties are christians, is made on the matrimonial side by a petition under section 32 of the indian divorce act. that was an act to amend the law relating to divorce and matrimonial causes in india, the preamble of which recites that it is expedient to ..... same footing with clergymen of the churches of england and scotland, and it excluded roman catholics from part v.(4) the preamble to the indian christian marriage act of 1872 shows that it is an act ' to consolidate and amend the law relating to the solemnisation in india of the marriages of persons professing the christian religion'. the ..... marriage may even be solemnised by a roman catholic priest: see sections 51 and 54 (2nd paragraph). indeed father fortuny himself in his evidence stated :-the indian ohristiuu marriage act 38712 does not interfere with practice of roman catholics. in conscience catholics cannot go to registrar, if they marry before registrar, they can be married afterwards .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR60
..... , no statutory right of appeal at all. and such was the position until april 1, 1926', when the indian income tax (amendment) act, 1928, came into force, by section 8 of which it is provided that immediately after section 66 of the indian income tax act, 1922, a section should be inserted, of which it is convenient to transcribe the first three sub-sections ..... of them for special leave to appeal from orders made by the high court of judicature at lahore on references to that court under section 66(2) of the indian income tax act, 1922, in each case the sum in dispute exceeds rs. 10,000. in each the order in question was made before april 1, 1926-that in the first ..... express provision for appeals to his majesty in council from orders of a high court in, india made upon references either under section 51 of the indian income tax act 1918, or under section 06 of the act of 1922, is to be found in either statute, but until the case of radhakrishna ayyar v. sundaraswamiar (49 i, a. 211) was .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR50
..... applicant under the said amended rule and sentenced him to pay a fine of one rupee. the applicant has applied to ..... the rules published on the 18th december 1918. the applicant contended that the said rule as amended was and is ultra, vires of the powers conferred on the local government by sections 10 and 11 of the indian motor vehicles act, 1915, and that the same was invalid and of no effect. the third presidency magistrate, however, convicted the ..... prescribed manner, and in order to come within the provisions of section 10 of the act he was liable to be charged with a fresh fee before he could get his certificate renewed.11. now it is contended by the applicant that the amendment of the rules by the local government limiting the duration of time for which a .....
Tag this Judgment!Court : Mumbai
Reported in : (1943)45BOMLR929
..... questions, but in substance only one question calls for serious consideration, and that is whether the provisions of section 4a(c) of the indian income-tax act, 1922, a sub-section introduced by the amending act of 1939, are ultra vires in whole or in part. that sub-section provides that a company is resident in british india in any ..... 4(1)(b)(ii) of the income-tax act ultra vires the indian legislature ?the answer is in the negative. the answer to this question depends on that to the first one.15. the third question is :is sub-clause (b) of clause (c) of section 4a of the amended act applicable to the assessment of the assessee-company for ..... points out, there is no question of giving retrospective effect. no doubt, the amended act came into operation after the close of the previous, year, but under that act income of the previous year has to be ascertained in accordance with the provisions of the amended act in order to determine the assessment for the current year. sir jamshedji kanga .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR499; 158Ind.Cas.824
..... in legislative council and the local legislature respectively the power to enact future laws for their respective territories. then the question is what is the effect of the amending act of 1916 in my opinion, the effect is to validate the laws already made by a local legislature in the past to the same extent as in the ..... the words so permit, has no application. now the-position of the section is of some consequence. it comes at the end of part vi of the act, which is entitled 'indian legislation', and the power of the governor general to legislate so as to affect the prerogative of the crown is. not inserted amongst his general legislative powers ..... reason only that the same affects any prerogative of the crown, but. that saving -provision does not extend to the act of any local legislature. a similar provision is to be found in section 24 of the indian councils act, 1861. there is, therefore, undoubtedly force in the contention of the advocate general that in the year 1888 the local .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom347; 158Ind.Cas.151
..... in legislative council and the local legislature respectively the power to enact (future laws for their respective territories. then the question is what is the effect of the amending act of 1916. in my opinion the effect is to validate the laws already made by a local legislature in the past to the same extent as in the case ..... words so-permit, has no application. now the position of the section is of some consequence. it comes at the end of part 6 of the act, which is entitled 'indian legislation', and the power of the governor-general to legislate so as to affect the prerogative of the crown is not inserted amongst his general legislative powers conferred ..... by reason only that the same affects any prerogative of the crown, but that saving provision does not extend to the act of any local legislature. a similar provision is to be found in section 24, indian councils act, 1861. there is therefore undoubtedly force in the contention of the advocate-general that in the year 1888 the local .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR595
..... appellant, in the circumstances proved in the case, fell within the protective provisions of section 2 of the indian contract (amendment) act, 1899. it may be convenient to set that section out in full:--2. section 16 of the indian contract act, 1872, is hereby repealed, and the following is substituted therefor, namely:--16.--(1) a contract is said ..... addressing themselves to the authorities cited their lordships think it desirable to make clear their views upon, in particular, sub-section 3 of section 16 of the indian contract act as amended. by this sub-section three matters are dealt with. in the first place the relations between the parties to each other must he such that one is ..... of the parties was such that auseri lal was 'in a position to dominate the will' of the respondent within the meaning of the amended section 16 of the indian contract act. it remains to be seen whether auseri lal used that position to obtain an unfair advantage over the respondent.14. this case was followed .....
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