Court : Mumbai
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
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
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
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 .....
Tag this Judgment!Court : Chennai
Reported in : 150Ind.Cas.977; (1934)66MLJ572
..... court is competent to inflict. and there was the explanation that separable offences which come within the provisions of section 71, indian penal code, are not distinct offences within the meaning of this section. as amended, the section provides that when a person is convicted at one trial of two or more offences the court may, subject ..... view of the law as taken in queen-empress v. bana punja i.l.r. (1892) bom. 260 (f.b.).7. section 35, criminal procedure code, before its amendment in 1923, provided that when a person is convicted at one trial of two or more distinct offences, the court may sentence him, for such offences, to the several ..... offences of rioting and grievous hurt were not legal where it was found that such persons individually did not commit any act which amounted to voluntarily causing hurt, but were guilty of that offence under section 149, indian penal code. in the majority judgment it was remarked thatthe offence of voluntarily causing hurt under section 324, coupled .....
Tag this Judgment!Court : Chennai
Reported in : AIR1934Mad516
..... the defendants claiming a declaration that the reclaimed land was part of that parish for nil civil and parochial purposes within the meaning of section 27, poor law amendment act, 1868. government objected to make the contribution until the question of whether the reclaimed land was extra-parochial or not was decided and suggestion early decision. such ..... bean followed the plaintiff was not precluded from bringing an action. another single judge, however, of the calcutta high court has in bimalacharan batadyal v. trustees for the indian musuem 1930 cal. 404 in which gould v. stuart (1896) a.c. 575 is again referred to and discussed has distinguished satish chandra das v. secy. ..... decided that case and relied upon gould v. stuart (1896) a.c. 575 misapprehended the grounds for that decision. costello, j., in bimalacharan batadyal v. trustees for the indian musuem 1930 cal. 404, in my view, correctly interprets the decision in gould v. stuart (1896) a.c. 575. it seems to me that the tenure of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All740; 153Ind.Cas.824
..... of princes and states in india in alliance with her majesty, whether in the service of the government of india or otherwise.10. further extensions of the indian councils act of 1861 were made by the amending act of 1869 (32 and 33 victoria, ch. 98) and by that of 1892 (55 and 56 victoria, ch. 14). the ..... indian councils act of 1909 and the government of india act of 1919, which did not effect any charge of substance, were passed after the civil procedure code and need not be considered in detail. it is ..... not necessary to consider the question whether a person residing in an indian state should be considered a foreigner or british subject, as in either case under the indian councils act of 1861 as amended subsequently, the governor-general of india in council is authorised to make laws applicable to them. ample safeguards were .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom266; (1934)36BOMLR510
..... question for determination is whether, as contended by the appellant, the execution of the decree is time barred. the relevant provision of the indian limitation act is article 182 as it stood before the amendment in 1926. that article provides a period of three years for an application for the execution of a decree, the period to be counted ..... s office and thereupon to execute the decree by attaching the land, is a step-in-aid of execution within the meaning of the corresponding provision of the indian limitation act of 1877. the learned trial judge, therefore, allowed the application holding that the decree was not time-barred.4. on appeal to the district court of ..... as not containing a description of the property to be attached and sold, is not an application in accordance with law within the meaning of article 182 of the indian limitation act. in bhagwat prashad singh v. dwarka prashad singh i.l.r. (1923) pat. 809 it was decided that where an application for execution is returned under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All559; 150Ind.Cas.197
..... was made for the assessee, to act no. 18 of 1933 amending the indian income-tax act which was published in the u.p. gazette of october 7, 1933, at p. 154. by section 28 of the amending act an amendment is made in section 66 of the income-tax act. it was claimed that by that amendment if there was a revision under section ..... exchequer, which had this special jurisdiction. but there is no such jurisdiction granted to the high courts in india by their letters patent. nor by any act, as in general these acts dealing with land revenue etc. provide that such taxation shall be excluded from the jurisdiction of the high courts, and there are special revenue courts in ..... rejected. the assessee then filed an appeal before the assistant commissioner of income-tax both against the order rejecting the application under section 27, of the income-tax act, and against the best judgment assessment under section 23(4) and he claimed that it should be treated as an assessment under section 23(3). on the 1st .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom54; (1934)36BOMLR738; 152Ind.Cas.715
..... i.l.r.(1919) all. 385 in order to appreciate this argument, it is necessary to examine the provisions of law on that point. section 28 of the indian registration act, 1877, provides that every document requiring to be registered shall be presented for registration in the office of a sub-registrar within whose sub-district the whole or ..... that the plaintiffs fail on the merits, it is not necessary to consider whether the ordinary relief of redemption can still be granted on an application being made for amendment of the plaint,40. these are all the points urged on behalf of the appellants, and as a result of the foregoing discussion i agree with the lower ..... of this court that it sometimes may be, for by electing to sue under the dekkhan agriculturists' relief act, a plaintiff obtains the relaxation of certain rules of evidence which would otherwise bind him, and this may make an amendment of the plaint almost impossible to allow at a late stage.52. the remaining points are those relating to .....
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