Court : Mumbai
Reported in : (1930)32BOMLR1650; 129Ind.Cas.886
..... the time, and the appellants say that they were taken by surprise.3. rule s73 of the rules of this court provides that all applications under the indian arbitration act, other than under section 19, shall be made by petition except as thereinafter otherwise provided; and rule 877 provides that every petition or a copy thereof shall ..... appellants' attorneys' letter of october 7, 1929. in that letter the appellants' attorneys expressly informed the respondents' attorneys that they would apply to the court for the amendment of the petition so as to include the new point, if necessary. upon the receipt of that letter, no objection was taken by the respondents to the course suggested ..... suggested by the learned chief justice, namely, that this appeal should be allowed with costs, with liberty to the present appellants if so advised, to amend their petition, and with liberty to the respondents to file a substantive petition within three weeks dealing with the question of the enlargement of time.
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR296
..... conflicting. but this court has held that witnesses could be proceeded against under section 476, criminal procedure code, and section 467, indian penal code, on the view that section 476 was wider than, and independent of, section 195 (c). since the 1923 amendment the granting of sanction to a private prosecutor is abolished and sub-section 195 and 476 are closer connected so ..... . these occasions are detailed in the learned sessions judge's judgment, and 1 need not repeat the story here. it is enough to say that appellant no. 1 acted throughout as would a man who did not know of any will in his favour. the explanation is that he could not get the document and was told by a ..... to add to the very full judgment of the sessions judge. the evidence turns partly on expert evidence of handwriting which mr. koyajee says that it is unsafe to act upon, i agree, but hero was ample further evidence to justify the allegation that this will had been forged, and it seems to me that there is no ground .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad303; (1931)60MLJ628
..... rule 12 of order 22 really had the effect that has been suggested, i should not hesitate to propose that this court should with the consent of the local government amend it, as would be within our powers. 7. but, if we examine, order 22, do these rules really have the effect that is suggested? rule 12 runs:nothing ..... seeking the same reliefs. as i said, there are also other rules of procedure applicable to suits but not applicable to execution petitions. these rules have been recognised by indian courts long prior to the enactment of order 22, rule 12 in the code of 1908. it has been laid down that, though a decree-holder has, just like ..... she did not appeal against that, her present contentions became res judicata against her, a view which cannot be supported, and that section 128 of the transfer of property act could be applied in these proceedings, which contention is not pressed for the decree-holder before us. by 'the merits' the learned subordinate judge apparently referred to the widow .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR413
..... (3) profits presumed to have been made by the american company on the sales of its typewriters to the other three companies.5. the bombay company was registered under the indian companies act on december 19, 1921, with a capital of 6, 00, 000 rupees, divided into 60, 000 shares of ten rupees each, its principal object being to enter into and ..... these reasons their lordships are of opinion that the appeal succeeds, and in their lordships' view, the correct form of order to make in this and similar cases is to amend the order of the high court so as to bring it into conformity with the decision of the board.28. the order of the high court should be ..... amended so as to run thus:--the court gives the following answers to the questions submitted to it:-- question i.--yes under section 42(1) of the act.question ii.--yes, under section 42(1) of the act.question iii.--yes. the court directs that the commissioner do recover the .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR319
..... an application in revision made by a third party on behalf of two ladies who were convicted of an offence under section 17(1) of the criminal law amendment act of 1908, and sentenced to four months' simple imprisonment and a fine of rs. 100.2. the accused wore charged with what is usually called picketing. they ..... the picketing ordinance, but, as i have said, they were charged under section 17 (1) of the criminal law amendment act with assisting the operations of an unlawful association.3. the question whether particular acts amount to assisting the operations of an unlawful association within the meaning of the section must always be one of fact to ..... for any one may hold the opinion that indigenous goods only should be bought, and the sale of imported ones prevented even by resorting to picketing, and may act. accordingly without consciously assisting an unlawful association thereby, though in fact such action may afford it indirect assistance, and we have had several examples of such a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom330; (1932)34BOMLR634
..... this difficulty the plaintiffs pleaded in paragraph 9a of the plaint as amended that defendants no. 1 had at all material times been absent from british india, and that the suit was not barred against them by reason of section 13 of the indian limitation act. in that paragraph the plaintiffs also stated that they would, if ..... from liability under the terms of the bills of lading which incorporated this provision.7. in answer to this contention the plaintiffs rely upon section 28 of the indian contract act, which runs thus :-every agreement), by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the ..... 2 by signing this declaration have incurred a statutory liability independent of the contract contained in the bills of lading, and that under article 120 of the indian limitation act the suit against defendants no. 2 would not be barred until the expiration of six years from the time when the right to sue accrued. the plaintiffs .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR1385
..... before. they have not raised any plea of limitation, because mr. adhiya has submitted himself to the orders of the court, but under section 3 of the indian limitation act a suit instituted after the period of limitation prescribed therefore is liable to be dismissed although limitation has not been set up as a defence. in my opinion, therefore ..... out, as i have stated before, and when struck out they were as good as not being there at all. under section 22 (1) of the indian limitation act the suit as regards them must be deemed to have been instituted when leave under clause 12 of the letters patent was freshly granted and they were again brought ..... family, the suit is not affected by the provisions of section 22 (1) of the indian limitation act, since there is no addition of parties but only a substitution in order to correct a misdescription. in the case before me the plaintiffs, however, amended the plaint not by substituting defendants nos. 1 and 2 along with the other defendants as .....
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad100; 136Ind.Cas.193; (1931)61MLJ724
..... shareholders in general meeting as much as the board,' the case being one of an attempted confirmation of a director not possessing the necessary qualifications. the indian companies act gives statutory force to this principle by providing in section 21 that the memorandum and articles shall bind the company or the members thereof to the same ..... vacancies unfilled.19. it has been suggested that article 68(g) can have no application because there were six directors due to retire, but under the amended articles only five vacancies to be filled. but admittedly one of these gentlemen had written to the chairman on the 13th october stating that for reasons of ..... , as they now stand, the directors' posts remain vacant. it was to save any inconvenience arising from this that a provision existed in the articles before amendment that the outgoing directors should continue until their successors were elected (see old article 64), but whether by inadvertence or intention this has not been reproduced. if .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR652
..... press journal and thereby assisted the war council of the bombay provincial congress committee in its operations and thereby committed an offence punishable under section 17(1) of the indian criminal law amendment act, 1908. the accused was convicted in respect of the first article entitled 'helping outlaws', which is exhibit a1 in the case, and from that conviction he appeals, ..... bombay by mr. babrekar., president of the war council in which etc....and then the effect of the appeal is given, the appeal being to merchants to deal only in indian cloth. there is no evidence whatever that mr. babrekar is, in fact, the president of the war council. there is no evidence that the war. council authorised the ..... expresses the view of the gentleman, who is stated to be. the president of the war council that the best economic policy for india is to deal only in indian goods. that view may be right or wrong but it is a view which may be legally held by anybody. i think, therefore, that the appeal of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR675
..... the additional sessions judges and assistant sessions judges exercising jurisdiction in the sessions courts would, therefore, be exercising jurisdiction as courts of session. the application as now amended contains a prayer for the transfer of the case from the court of the additional sessions judge holding his court at alibag to the sessions judge at thana.32 ..... for a transfer of the case. the original application was dated february 11, and asked that the trial should take place at thana. but the application as amended is to transfer the case from the court of mr. gundil, additional sessions judge holding his court for the trial of this case at alibag, to the ..... of a court to another judge of the same court, both being criminal courts subordinate to the high court. 'court' under section 3 of the indian evidence act includes all judges and magistrates and all persons except arbitrators legally authorized to take evidence. ' criminal court', under section 4 of the old criminal procedure code .....
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