Court : Mumbai
Decided on : Dec-06-1933
Reported in : AIR1934Bom307; (1934)36BOMLR643
..... standpoint the second 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. this point ..... provides that if the provisions of rule 11 are not fulfilled, then the application has to be returned to the party, and it is only after the application is amended that it shall be deemed to have been an application in accordance with law and presented on the date when it was first presented.14. it is no doubt true ..... court, such an application will be effectual to stay the progress of limitation whether the court admits, or rejects, or returns the application or allows such application to be amended;so that, according to this test each case would depend on its own facts as to whether the application for execution was or was not in accordance with law. .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-06-1933
Reported in : AIR1934Bom467; (1934)36BOMLR983
..... is to be treated as if the single proprietor so trading constituted a firm for the purpose of order xxx, although under the definition of a firm under the indian contract act there can be no firm unless there are at least two partners. if the case of a single proprietor is to be treated as a firm for the purpose ..... mr. amin has applied that if the court is against him on the merits of his contention, it should allow the plaintiffs to amend the plaint. i grant this application. the plaintiffs are given liberty to amend the plaint and proceedings by inserting the name of hemraj shivlal as party defendant in place of the firm laxmandas shivlal. the plaintiffs must ..... ; pay all costs occasioned by this amendment including the costs of to-day's hearing and of making the amendment. the defendant to be added is given liberty to file fresh points of defence. if no amendment is made within a week from this date, the suit is to be placed on board .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-07-1933
Reported in : (1934)36BOMLR267
..... therein as they held in martin & co. in the year 1927-28 martin & co. was a registered firm while3. burn & co. was unregistered. under the indian income-tax act registered and unregistered firms are differently taxed in various important respects.4. on april 7, 1927, the income-tax officer of district i issued a notice to burn & co ..... 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 & ..... they were finally assessed (as partners of martin & co.) without any of their shares in the profits of burn & co. being included. in their lordships' opinion the amendment of martin & co.'s assessment by the elimination of burn & co.'s profits with a view to the separate assessment of the latter cannot in any proper sense be .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-18-1933
Reported in : (1934)36BOMLR408
..... property 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 ..... the law of limitation which was 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 ..... a specific purpose, and the manager of any such property shall be deemed to be the trustee thereof.14. it was provided by section 1(2) that the said amendment act should come into force on january 1, 1929.15. the suit, which is the subject of this appeal, was brought on january 29, 1926, and the question .....
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