Court : Mumbai
Reported in : AIR1939Bom198; (1939)41BOMLR290
..... this court as an equitable relief on the court granting to the plaintiffs the reliefs specifically provided for by section 53 of the indian patents and designs act. but this order for delivery up must be made in the spirit of the provisions of section 53. in section 53 it ..... and offered to submit to a decree (a) for an injunction in terms of section 53 (1)(a) and (b) of the indian patents and designs act in respect of the designs mentioned in the plaint, (b) to pay to the plaintiffs rs. 199, the amount of the profits made ..... this relief claimed by the plaintiffs is not restricted to the period during which, their rights in the registered designs may be subsisting under the act nor is it restricted to british india.4. the plaintiffs filed this suit on may 17, 1935, without giving any notice to the ..... somjee, j.1. the plaintiffs are the registered proprietors under the indian patents and designs act (ii of 1911) inter alia of two designs for printing textile goods. the plaintiffs filed this suit .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom342; (1939)41BOMLR518
..... liberty to file this suit as a summary suit. the plaintiffs however contend that the. amendment is retrospective and that the indian limitation act in force when the suit was filed was the act as amended, and therefore the period of limitation applicable is three years.3. the indian limitation act of 1859 provided by section 18 that all suits that might then be pending or that ..... should be instituted within the period of two years from the date of the passing of that act should be tried and determined as .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom129; (1939)41BOMLR98
..... from the subsequent events that followed. there was a scheme framed later on upon that petition and it was followed by an amended scheme. inferentially that suggests that the original petition under the indian companies act was no other than to wind up the bank. that position is accepted in the absence of the original record by ..... having committed theft of the electrical energy at different premises belonging to the respective consumers under section 120b of the indian penal code read with section 39 of the indian electricity act, and also section 379 of the indian penal code. although upon the evidence it was held that the charge of conspiracy was not proved, the plea ..... the bank, it is permissible to argue that the claim was based upon such ratification. there were various acts of ratification referred to in the mass of evidence, such as the demand for security, repayment and amendment of the contract, and it is therefore possible to assume that the decree passed upon that footing would not .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR147
..... opinion, the learned judge of the division bench came to a right conclusion.13. upon confirmation by the court of the amended scheme of arrangement that scheme became, by virtue of section 153 of the indian companies act, binding upon the creditors, the shareholders and the bank alike. its terms could thereafter only be varied by order of the ..... prepared, and, after being approved in the usual way at meetings of the creditors and shareholders, was duly sanctioned by the court under section 153 of the indian companies act upon december 22, 1931. the details of that scheme are not relevant to these appeals. but by july 25, 1932, it had become evident that the ..... forfeit the appellants' shares, and removed the appellants' names from the register of members in respect thereof.2. the bank was incorporated in the year 1925 under the indian companies act with a capital of fifty lacs of rupees divided into 50000 shares of rs. 100 each. these shares, all of which were issued, were called 'a' shares .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom237; (1939)41BOMLR391
..... person who made the said payments, and that thus these payments, even if proved, cannot save limitation under section 20 of the indian limitation act. it is next contended that the amendment allowed by the court to the plaint should not have been allowed as it materially altered the plaintiff's case. learned counsel for ..... the nature thereof. the prerogative right therefore has to be distinguished from the evidence showing how it arises in a particular case. section 162 of the indian evidence act merely lays down broad principles of state policy and protects state and official documents from disclosure in courts.29. applying those principles, the claim to ..... consideration thereof had not been received, and it was held that the promissory notes did not constitute acknowledgments within the meaning of section 19 of the indian limitation act. in the present case, however, there was a definite recommendation as to settlement by the manager of the estate and the collector therefore appears to .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR157
..... to consider its history, though its present wording will prima facie determine its meaning completely, being intended to state with exactness the test of liability.9. the indian income-tax act of 1918 contained no clause corresponding to the second sub-section of the present section 4, but section 3(1) of 1918 was similar to the present section ..... of having been received in british india if it was income of the year of account originally received in british india. it will be observed that the various amendments leave the principle of the decisions above-mentioned untouched so far as concerns non-residents. their general effect is to widen the liability of residents in respect of ..... the fact that they are taken into account in, the balance sheet prepared in british india.in the following year, however, 1923, the second sub-section was amended to read as follows:4.-(2) profits and gains of a business accruing or arising without british india to a person resident in british india shall, if they .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR428
..... of any offence under investigation at the time when such statement was made. 8. this section which in its amended form was substituted for the original section by section 34 of the code of criminal procedure amendment act, 1923 has been the subject of repeated decisions in the high courts of india and has given rise to ..... to death. the appeal is based upon the admission of certain evidence said to be made inadmissible by provisions of the code of criminal procedure and the indian evidence act; and is further maintained upon the contention that whether the disputed evidence be admitted or not, and certainly if it ought to have been rejected, there ..... the three following articles, confession secured by inducement, made upon oath, made under a promise of secrecy. the definition is not contained in the indian evidence act, 1872 : and in that act it would not be consistent with the natural use of language to construe confession as a statement by an accused 'suggesting the inference that he .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR708
..... they could not be allowed to treat any other date than january 22, 1916, as the date of the decree and that sections 19 and 20 of the indian limitation act did not apply to the period limited by section 48 of the code. they also held that the appellants could not in any case have execution for any ..... court and so forwarded the compromise also'. no doubt the learned judge was much puzzled as to the proper course to take on receiving the request to obtain an amended decree. their lordships appreciate his difficulty, but in these circumstances they cannot think it right to regard the appellants' application as a fresh application in the sense of ..... execution, discharge or satisfaction of the decree, the provisions of section 47 involve that questions relating to such terms may fall to be determined by the executing court. 'amendment', or alteration of the decree whether under section 152 or by review is a different matter under the code. no doubt an adjustment, if not recorded under order xxi .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom354; (1939)41BOMLR787
..... cross-objections mr. thakor for the plaintiff has repeated the contention that the wills are void for undue influence. he relies on section 16 of the indian contract act, section 89 of the indian trusts act, and on the equitable rule which has been referred to in shivgmgawa v. basangouda (1937) 40 bom. l.r.132 that when a person obtains ..... . on that view the plaintiff has in fact corrected the valuation which is all that is necessary under clause (b) of the rule and the plaint after the amendment was no longer undervalued. this reasoning may perhaps be rather technical but then so is the objection.13. then it was argued that the suit relates to a public ..... additional court-fees which plaintiff was ordered to pay were not paid, the plaint should have been rejected under order vii, rule 11, of the civil procedure code, and that an amendment of the plaint was not permissible. the rule says:the plaint shall be rejected in the following cases:-(a) where it does not disclose a cause of action : (6 .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR1047
..... and of the identifying witnesses affixed to the registration endorsement under sections 58 and 59 of the indian registration act amount to sufficient attestation within the meaning of section 59 of the transfer of property act read with the aforesaid amending acts?38. the full bench answered that question in the affirmative.39. it is material to ..... and the identifying witnesses affixed to the registration endorsement under sections 58 and 59 of the indian registration act (xvi of 1908) were a sufficient attestation within the meaning of section 59 of the transfer of property act and its subsequent amending acts. it is to be noted that when the appeal in that case was originally before ..... how necessary it was to-have the above-mentioned findings of fact before holding that the provisions of section 59 of the transfer of property act and its amending acts had been' complied with.40. the full bench of the allahabad high court in the case now under consideration declined to follow the above- .....
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