Court : Mumbai
Reported in : AIR1933Bom239; (1933)35BOMLR462
..... against his property, he was entitled to recover back the amount on the ground that the payment was involuntary and was made under coercion under section 72 of the indian contract act.9. when the property of any person, which is not liable to be sold in execution of a decree, obtained against a third person, is attached, the ..... kummakutty v. neelakandan nambudri i.l.r. (1930) mad. 94315. the plaintiffs seem to have been all along under the impression that under the decree, which was not got amended by them, survey no. 159 was liable to be sold. otherwise it is inexplicably why defendant no. 9, the plaintiffs' pleader in the mortgage suit, was impleaded and was ..... a formal purshis to record his agreement; and he accepted a decree against the other members of the family, defendants nos. 2 to 6. unfortunately the plaint was not amended by the omission of survey no. 159, and this land was in consequence included in the list of property given in the first part of the decree, which embodies .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR331
..... in the english cases upon which the judgment in ramchand manjimal's case founds, and that no doubt is so, bat the rule deduced for guidance under the indian act is clear and unambiguous, and must, their lordships think, be decisive in all cases where the question is whether an order is appealable to his majesty in council ..... was headed as in a suit between the official assignee, as assignee of the estate of respondents no. 1, and the defendants, but despite this fact and the amendment of the plaint above referred to respondents no. 1 seem to have been treated as still parties to the proceedings, the official assignee disappearing from the stage altogether. ..... and directed that the official assignee should 'be brought on the record as plaintiff in the place of the insolvent plaintiffs,' and the heading of the plaint was amended accordingly by the assistant registrar.3. on april 24, the matter was again mentioned to the deputy registrar, when counsel for the official assignee stated that 'he .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR507
..... the four accused, and that there were strong reasons to believe that the accused had committed offences under sections 120b and 194 of the indian penal code. the form of this amendment does not appear to be much better than the original. on the same day, however, the government advocate did file an information with ..... high court, however, seem to have thought that they were justified in ordering the four accused to be arrested. on march 6, the government advocate applied to amend the original information by adding a paragraph that the petitioner, having carefully examined the papers, also came to the conclusion that grave miscarriage of justice had occurred, ..... advocate was styled a petition exhibiting an information in the matter of sections 184 and 195 of the criminal procedure code, not under section 194 at all. later amendments refer to it as an information exhibited under section 194. the so-called information entitled in the matter of the sub-inspector and the three prosecutors sets .....
Tag this Judgment!Court : Mumbai
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
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
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
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 : 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 .....
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