Court : Mumbai
Reported in : AIR1927Bom581; (1927)29BOMLR1296
..... must bo answered in the negative for reasons hereinafter appearing.34. before the introduction of order xxx. into the civil procedure code, although by virtue of section 43 of the indian contract act, referred to later, the suit might, in the absence of express agreement to the contrary, be brought against any one or more of the partners, it was ..... matter. on june 30, 1924, an order was obtained in chambers to bring defendants nos. 3, 4 and 5 on the record as defendants, and the plaint was amended pursuant to that order accordingly on july 9, 1924. by their written statement, defendants nos. 3, 4 and 5 alleged that the suit against them was barred by the ..... suit being a nullity, the writ of summons issued in the suit, by whomsoever accepted, is also a nullity. similarly, any order made in the suit allowing amendment of the plaint by substituting the legal representative of the deceased as defendant and allowing the suit to proceed against him is also a nullity. it is immaterial that the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad713
..... it may fall to be observed that the expression is not ' any final decree or order of a court, ' and the legislature has deliberately amended the sub-clause by the addition of the word ' any. ' the registration act. itself is a mere legislative provision for the public record of rights and the exemption of decrees and orders of court from the operation ..... favour of the widow either as legatee or as maintenance holder.53. it is true that there has been very clear statements of law with regard to this in the indian decisions. he cited two english decisions which have been referred to in my learned brothers' judgments, davies v. nicolson 44 e.r. 1158 and eustace, in be lee ..... equity of the original debtor so that the assignee could, when the debtor is a company, present a petition for winding up.26. as against this we have' the following 'indian authorities: sabjan sahib v. abdul azeez [1917] 42 i.c. 684, a decision of a bench of this court where it is pointed out by mr. justice seshagiri ayyar .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom603; (1927)29BOMLR1325
..... though in fact he did not receive it. on this i would only say that the learned judge has not expressly directed his attention to section 114 of the indian evidence act, illus. (f), whereunder a presumption would arise that the common course of business was followed in this particular case, and that as the letter was delivered at ..... ch. d. 330 as illustrating that the decisions of a chairman are not necessarily final, and that if on any important question he wrongly rules out a particular amendment, then it is open for the court to revise his decision and to hold if necessary that the resolution passed thereafter was irregular and not binding.12. in the ..... questions for our consideration are whether a notice of the meeting was 'circulated' to the members within the meaning of section 35(2)(b) of the bombay local boards act, 1923, and whether the meeting was validly convened. secondly, if so, whether the retiring president had power to dissolve the meeting, and, thirdly, whether the fact that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom594; (1927)29BOMLR1336
..... hewson : air1924bom397 . it was laid down by this court in wilkinson v. wilkinson : air1923bom321 that the indian courts have no jurisdiction to dissolve the marriages of persons who are not domiciled in india. by the recent indian divorce (amendment) act 1926 this is now enacted as part of the statutory law of this country. consequently, the learned judge ..... marriage has now been proved. this was a marriage between native christians, and it is sufficient to refer to sections 60 and 61 of the indian christian marriage act 1872. the latter section makes a particular certificate conclusive proof of the performance of the marriage. we have that certificate in the present case in ..... place for the performance of christian marriages, and whether the marriage was performed by a duly licensed person in pursuance of the requirements of the indian christian marriage act 1872, we do not know. but i do unhesitatingly say that in every divorce case that has hitherto come before me in this high court .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom191; (1928)30BOMLR117
..... were regarded as a suit by the individual partner who signed and affirmed the plaint, this would not assist the plaintiffs, because, by reason of section 45 of the indian contract act, all living joint promisees must join in the suit to enforce a debt due to them; and, as has been held in numerous authorities, an action brought by ..... recognised by law will have to be substituted for the present plaintiffs who are an entity not recognised by law, the question arises upon what terms i should allow the amendment, having regard to the view expressed by mr. justice warrington in the case of attorney-general v. pontypridd waterworks company [1908] 1 ch. 388 i think that ..... plaintiffs had notice from paragraph 6 of the written statement that this point would be taken, they could it that stage at little expense have applied for the necessary amendment. they did not do that, and they took their chance of being able to satisfy the court that the plaintiffs did in fact carry on business in british india .....
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 : Kolkata
Reported in : AIR1928Cal138
..... one wrongdoer, a plaintiff cannot sue the other for the same matter, even if the first action remains unsatisfied, a proposition which was doubted before them. though section 43, indian contract act, is not perhaps quite clear whether a complete adaptation of the english rule is intended, yet king v. hoare [1844] 13 m & w. 491 has been held to ..... not actually a tenant in possession of any part of the property claimed, it will probably be necessary to obtain a judge's order to amend the writ by striking out his name and to amend the writ accordingly.18. in a case where the plaintiff has alleged in the plaint that a person is in possession, and there is ..... possession by name and to all persons, entitled to defend the possession of the property claimed, which property shall be described in the writ with reasonable certainty.11. the act of 1852 practically retained the old form of action, divested of the fictions on which it depended. as regards the parties to be made defendants in an action of .....
Tag this Judgment!Court : Chennai
Reported in : (1928)54MLJ96
..... appellate court. curiously enough, mr. alladi krishnaswami aiyar, the learned vakil for the appellants in this second appeal, wished to argue mainly the question of leave to amend the plaint, though he also indicate-ed the other question with regard to the nature of the transaction on a proper construction of the document. if it should have ..... the plaint as laid and on the cases of any personal covenant and the enforcement thereof. it seems to me therefore unnecessary to discuss the cases, both english and indian, that have been cited by mr. somayya for this purpose. he has frankly conceded that if the correct view should be that it is a mortgage, no ..... as a document of mortgage by conditional sale in english precedents of conveyancing. i shall later on have occasion to refer to the definition in the transfer of property act of a mortgage by conditional sale with special reference to this document, and also deal with the contention of mr. b. somayya for the respondents with regard thereto .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom74(1); (1928)30BOMLR139; 108Ind.Cas.492
..... the plaintiff's husband from the joint family.8. act xxx of 1923 is an amending act and there is no provision therein for retrospective effect. admittedly, the plaintiff's marriage took ..... 23, 24, 25 and 26 were newly added under that act. it is contended that the rights of the parties before me are governed by the amending act of 1928, and that succession to the property of the deceased must be regulated by the provisions of the indian succession act, and that on account of the marriage there was severance of ..... before me cannot be governed by the amending act but by the original act iii of 1872. in order, therefore, to determine the question which has arisen, i have to consider the provisions of that act and that act alone.9. now turning to the preamble of the act, it is clear that the act was intended to provide a form of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom643; (1927)29BOMLR1511
..... and he has paid the sum of rs. 28,439 for duty at or prior to his petition being presented and filed on february 24, 1926. if, however, the amending act of 1926 applies, then additional duty to the extent of about rs. 18,861 is payable. a difference having arisen between the testamentary registrar and the attorneys for the petitioner ..... or the judge under section 5 would be otherwise than final. so, too, as we understood from the argument of the appellant, it was conceded that if the present amending act of 1926 had been in operation at the death of the testator, then, too, the larger duty would hae been payable, and the decision at any rate under section ..... court, if it thinks the original decision wrong, to require an additional fee to be paid. in this respect, the legislation somewhat resembles sections 36 and 61 of the indian stamp act. this distinction is pointed out in the full bench case (balkaran rai v. gobind nath tiwari), to which i have already alluded, where sir john edge says (p. .....
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