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 .....
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-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 : Nov-24-1933
Reported in : (1934)36BOMLR237
..... date of the application for execution was the time from which the period of limitation was to run, and it was not until the amending act of 1927 was passed that the result of the application, viz., the final order passed on the application, became the material time.34. it was, therefore, the application and ..... objections raised by the judgment-debtor could not now be maintained.19. in the case cited, the question, stated briefly, was whether under article 182(5) of the indian limitation act (ix of 1908) it is sufficient to show that an application was made in accordance with law to the proper court for execution or to take some steps in ..... before the board by the learned counsel for the appellant, and the only arguments presented to the board were in relation to the other point, which was based upon the indian limitation act.12. the appellant alleged that the application for execution, in respect of which the above-mentioned order of the subordinate judge, dated april 22, 1929, was made, was .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-03-1933
Reported in : AIR1934Bom86; (1934)36BOMLR68; 150Ind.Cas.467
..... given.19. the question we have to deal with is as to whether the plaintiffs have derived any benefit within the meaning of section 216 of the indian contract act from having supplied their own goods in purported fulfilment of contracts placed with them by the defendants to purchase such goods in the open market. the ..... purported to buy goods pursuant to the defendants' orders upon their account. in the course of the proceedings before the commissioner the plaintiffs asked for leave to amend their plaint by setting up a case that they were pakka adatias. this the commissioner refused to permit them to do. they asked for similar leave before ..... throughout the transactions between the parties seem to have treated themselves as being pakka adatias and not mere commission agents; and before the commissioner they asked leave to amend their plaint by alleging that they were pakka adatias. that application on their behalf was rejected, as the commissioner held that they could not change the case .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-21-1933
Reported in : AIR1934Bom79; (1934)36BOMLR47; 150Ind.Cas.478
..... judgments to the difference between the title and preamble in the two acts. the english act is intituled 'an act for amending and consolidating the enactments relating to arbitration'. on the other hand the indian act is intituled 'an act to amend the law relating to arbitration,' and the preamble states that 'it is expedient to amend the law relating to arbitration by agreement without the intervention of a ..... to refer to arbitration by a verbal agreement was in existence in india at the date when the indian arbitration act was passed. in those circumstances the indian arbitration act to amend the law relating to arbitration was passed. section 2 deals with the scope of the act and provides that 'it shall apply only in cases where, if the subject-matter submitted to arbitration were .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-08-1933
Reported in : AIR1934Bom171; (1934)36BOMLR290
..... the aforesaid reply, specific performance was refused and that as no date for specific performance was fixed in the document, time began to run under article 113 of the indian limitation act from the date when plaintiff no. 2 had notice that performance was refused, that is to say from october 2, 1915. it was, however, contended on behalf ..... no. 2 very soon after it was received by his vakil. having regard to what has been stated above, i agree with both the lower courts that the amended claim for specific performance is time-barred.16. it was argued on behalf of the respondent that the document, containing the agreement to reconvey, contained merely a standing ..... suit, and that, as a consequence, there could be no objection to allowing specific performance to either of the plaintiffs. reference was made i in this connection to the amendment-application made to the district court in 1924. but in this case plaintiff no. 2 has already parted with his interest and plaintiff no. 1, who is the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-1933
Reported in : AIR1934Bom178; (1934)36BOMLR327
..... have been allowed and the suit proceeded with. as observed by jacob j. in guruvayya's case, such an amendment would not attract the operation of section 22 of the indian limitation act. 15. having regard to what has been stated above, i reverse the decree of the lower court, allow the appeal, and send the case to the trial court ..... s brother and uncle placed on the record either as co-plaintiffs or as defendants to ensure the defendant against the possibility of the plaintiff's acting without authority and the plaintiff was allowed to amend the plaint by making the other members of the family parties to the suit and the case was remanded. the procedure, thus adopted, was ..... to be disposed of on merits (after amending the record as prayed for by the plaintiff) on all points except .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-07-1933
Reported in : AIR1934Bom189; (1934)36BOMLR277; 152Ind.Cas.267
..... suleman v. patell (1933) 35 bom. 721 seem to be in oversight of the latter portion of section 63, clause (d).19. on the basis that the amended act does not apply, the further argument addressed to us on behalf of the appellant took a double form; first that notice was unnecessary in order that the charge may be ..... created by a charge, the charge had been made either by a registered document or a decree of the court; and section 17(2)(v) of the indian registration act exempts decrees of the courts from the provisions under which registered documents are required for the creation of interests in immoveable property.4. a further difficulty that arises ..... documents are to have priority over oral agreements (unless they come under the exception which is at present irrelevant). the argument in answer to section 48 of the indian registration act was that priority is only given as against an oral agreement : and an oral agreement is explained for the purposes of this answer as a bare agreement,-an .....
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