Court : Mumbai
Reported in : AIR1931Bom218
..... was a new case quite different from the case made before the subordinate judge, and that even if article 91, lira. act, did not apply, article 120 would be applicable to a suit to set aside the sale, and the amendment of the plaint would deprive the defendant of the defence of limitation. he therefore rejected the application for ..... to the setting aside of the decree. in sheopujan rai v. kesho prasad singh : air1924pat310 it was held that although an appellate court will not ordinarily allow an amendment of the plaint whore the plaintiff has elected to go to trial upon the issue whether the frame of the suit is correct notwithstanding the objection of the defendant ..... his suit bona fide, believing that consequential relief is not open to him, and that he is entitled only to declaration, the court is justified in allowing an amendment of the plaint. 10. in the plaint an allegation was made that the decree was obtained by collusion. the learned judge during the course of his judgment stated .....
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 : 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 : 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)33BOMLR807
..... income-tax, u.p. (1929) 3 i.t.c. 451, that the court has power under section 66(5) of the indian income-tax act to amend the questions asked by the commissioner by raising the real question and then answering that question.2. the two questions which are originally raised ..... liable to be assessed to income tax as profits or gains of a business under section 6 (iv) and section 10 of the indian income-tax act, xi of 1922,--in the negative. i answer the second question--whether such income or any part thereof is liable to be assessed ..... or arise or are received in india.5. now it was the duty of the assessee company under section 22(1) of the indian income-tax act to make a, return of the total income of the company during the previous year, the 'total income' being defined in section 2 ..... beaumont, c.j.1. this is a reference to this court under section 66(2) of the indian income-tax act. the matter originally came before this court consisting of sir amberson marten c.j. and mr. justice blackwell on .....
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 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom356; (1932)34BOMLR655
..... a time must come when a judge may say that he no longer requires it to be proved : but that he will take judicial notice of it': (of indian evidence act, a 114). the process is accelerated when the parties recognise the futility of questioning the existence of a custom which has already been elaborately proved,-though only once, ..... seems, in part at least, attributable to the fact that the law was originally promulgated (or at least interpreted, by the exigencies of human institutions) as an amendment of the laws, customs and institutions existing at the time in arabia,-prevailing amongst the dominant arabian tribes at the time of the prophet. the new principles enunciated in ..... saheb himself, i am told, declines to be a trustee.45. for these reasons, in my opinion, clause 5 should be deleted from the scheme. a consequential amendment in clause 4 (which contains a reference to the original clause 5) is also necessary.[his lordship then dealt with the other clauses of the scheme which are not .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom15; (1931)33BOMLR1418; 136Ind.Cas.161
..... not lie as regards the injunction prayed for though it would lie as regards the declaration. he held that the suit was barred under art. 120 of the indian limitation act; that the adjudication of the inam commission in 1852 and the summary settlement in 1863 were binding on the plaintiffs; and that the grant of the suit inam ..... no, 4, the secretary of state for india, is of course entitled to his costs.21. the remaining applications may be dealt with briefly. the plaintiffs applied to amend their plaint on the ground that by reason of the death of eknath during the pendency of the suit they became entitled to possession of the property as distinct from ..... high court in disposing of this application states that 'the decree is binding on the parties to the litigation and it is not possible to entertain the application for amendment at this distance of time. if the property really belongs to the devasthan and if it has been improperly diverted from its use for the purposes of the devasthan .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR321
..... been proved in any particular. it had been conceded, he said, that unless the case could be brought within clause (vi) of section 162 of the indian companies' act no order could be made : no misconduct had been proved against venkata rao or the other directors. the fact that venkata rao had a preponderating voice in ..... , for so many years-it is convenient to note, in passing, the deliberation with which it was made-the special resolution of may superseding with a technical amendment an earlier special resolution adopted with similar unanimity in april, 1910. it is material also to note that under the arrangement the firm was called upon to discharge ..... of dividends more difficult. accordingly, at the meeting held on august 27, 1921, to confirm the resolution, he proposed an amendment to the effect that the company should be wound up voluntarily. and his amendment was carried by a bare majority of the members present, and venkata rao's original resolution was therefore lost, although the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom259; (1932)34BOMLR143
..... be subject to the general rules in that behalf laid down in the indian limitation act. however, there was some conflict of opinions on the point between the different high courts, and accordingly it was necessary to amend the original section 29 by an amending act x of 1922. a reference to the statement of objects and reasons indicates ..... that the purpose of the amendment was to make it clear that the general principles laid down in certain sections of the indian limitation act were to apply unless expressly excluded. ..... to add one month's notice under section 167 to the six months given by the same section, taking advantage of section 29 of the indian limitation act as amended by act x of 1922. that section provides that where any special or local law prescribes a different period of limitation from that prescribed by the first .....
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