Court : Mumbai
Reported in : (1917)19BOMLR211
..... their sympathy, through their anxious care and through those high sentiments which they possess.... in this manner good management is to be asked for in this administration. amendment is to be brought about in the present law; it is to be brought about through parliament. we will not ask for it from others. we have ..... of british india. mr. jinnah has argued that all the criticism directed against the indian civil service, generally described as 'bureaucracy' in the speeches, cannot under any circumstances be treated as criticism against the government by law established in british india. ..... be sufficient to state that the expression would mean the various governments constituted by the statutes relating to the government of india now consolidated into the government of india act of 1915 (5 & 6 geo. v, c. 61) and would denote the person or persons authorised by law to administer executive government in any part .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom9; 39Ind.Cas.807
..... their sympathy, through their anxious care and through those high sentiments which they possess... in this manner good management is to be asked for in this administration. amendment is to be brought about in the present law; it is to be brought about through parliament. we will not ask for it from others. we have ..... of british india. mr. jinnah had argued that all the criticism directed against the indian civil service, generally described as 'bureaucracy' in the speeches, cannot under any circumstances be treated as criticism against the government by law established in british india. ..... be sufficient to state that the expression would mean the various governments constituted by the statutes relating to the government of india now consolidated into the government of india act of 1915 (5 & 6 goe. v, c. 61) and would denote the person or persons authorised by law to administer executive government in any part .....
Tag this Judgment!Court : Mumbai
Reported in : (1917)19BOMLR650; 42Ind.Cas.9
..... lord lindley which i have quoted. accordingly after consideration of the case as a whole i think that i can and that i ought to apply section 70 of the indian contract act, although in the present case the 'another person' mentioned in section 70 consists of this large caste. i think however it would be unfair to make a personal decree ..... be made, no similar order can be traced in the prothono-tary's office apart from the orders in this suit. further, under order xxi, rule 17(3), the amendment made in the application ought to have been signed or initialled by the judge, which in point of fact was not done.6. on the 9th january 1914, there was ..... be obtained against anybody but shankar.5. however, on the 12th november 1913, there was an application for execution (ex. e.) under order xxi, rule 11, which application as amended on the 18th november 1913 asked for the attachment of the above-mentioned immoveable property of the caste and the sale of the right, title and interest of the plaintiff .....
Tag this Judgment!Court : Mumbai
Reported in : (1917)ILR41Bom588
..... the above articles to them. where, therefore, the indian limitation act speaks of a mahomedan female, it has reference to families which have adopted the hindu mode of living. the same reason ought to be assigned to the changed ..... ' and also altered articles 125 and 141 by adding the word 'mahomedan' along with the word 'hindu.' now the amended articles 125 and 141 cannot have been intended to apply to mahomedans generally. under the mahomedan law, a female takes absolutely. there can be no meaning in extending ..... be deemed to have used it only for that community, the peculiarity of which it represents.18. further, when the legislature amended article 127 in 1877 by replacing the word 'person' for 'hindu,' it also amended article 107 by omitting the word 'hindu', from the expression 'the hindu manager of a joint estate of an undivided family .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1917Bom113; (1917)19BOMLR665; 41Ind.Cas.968
..... i have suggested. this view receives additional support from the use of the word 'refund' which i have already alluded to in the amending act of 1916.15. as regards clause 5(1)(j) of the 1886 act i can well understand some such provision being inserted for the protection of the shareholder so as to make it quite clear that the ..... was the company which was entitled to exemption under section 5(1)(j) of the 1886 act in cases where its income from all sources was less than a particular sum, that sum being under the 1886 act rs. 500 per annum and under the amending act of 1903 rs. 1,000 per annum.11. now as regards the first point, no ..... exemption, it is admitted by the defendant company that the word 'person' in clause 5(1)(j) includes a company as was subsequently made clear by the amendment effected by the act of 1916, but the answer given is that the indian acts decided to give the company exemption rather than an individual shareholder and that this policy was subsequently modified by the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1918Bom20; (1919)21BOMLR190; 50Ind.Cas.437
..... , all partners are liable whatever their mutual agreement as regards their profits and losses may be. according to the definition of partnership as laid down in section 239 of the indian contract act the test is whether the persons have agreed to combine their property, labour, or skill in some business, and to share the profits thereof between them. similarly, under section ..... the result i think this case must be treated as an application for review under section 8, and that for that purpose the petition and order nisi should be further amended by heading it also in no. 232 of 1918.15. i may perhaps mention one authority, viz., in re ritso (1883) 22 ch. d. 529: that is an illustration ..... the petition and the rule nisi should be headed in both matters, i mean in no. 232 as well as no. 296. mr. taleyarkhan raises no objection to that further amendment and i think very properly so.8. that still leaves me to consider what is the proper mode of procedure in such a case as this. when i raised the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1918Bom32; (1919)21BOMLR143
..... . the preamble to the act states that it (viz., the proviso) as well as the other enactments referred to in the second schedule 'are ..... law for the time being in force. 19. now that proviso was repealed by the repealing and amending act, x of 1914. mr. campbell, however, says that that proviso at any rate, while it existed, prevented the pay of a british officer in the indian army being attached. he has this to urge in support of that view, viz., that there ..... not intend to override the army act but only to legislate in so far as it was authorized so to do by the army act. that it is true is not the view taken of the proviso in the above allahabad and bombay cases. the indian legislature has however thought fit by the repealing and amending act, 1914 to repeal that particular proviso .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR1059; (1920)ILR64Bom88
..... , that the commission of several offences by the employment of several persona was also the plain meaning of the similar words used in the old act of 1881 as amended by the act of 1891. there was no necessity otherwise for. the proviso restricting the plain meaning except in the particular instance of the employment of two or ..... these offences having been committed at the same time.8. the ground upon which the learned sessions judge has based his conclusion is that under the repealed indian factories act of 1881, there was an express provision that the offence would be in respect of each individual employed. that no doubt was expressly provided as an exception ..... last at about 11-30 p. m. eighteen persons were found working in the calico miils, which is a textile factory,-subject to the provisions of the indian factories act xii of 1911. eighteen complaints were lodged in respect of the employment of these eighteen persons against the manager of the said factory. the accused pleaded guilty, .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR986; 58Ind.Cas.465
..... result, therefore, i respectfully agree with the learned trial judge that the payments in question cannot be recovered by the plaintiffs under either section 72 or 65 of the indian contract act and that accordingly their claim fails.47. as regards the counter-claim, the position at first sight seems somewhat different, for here it is the defendants who are ..... liquidator or controller being under any mistake: no issue was raised about it: and neither of them went into the witness box to say he had made any mistake. the amended plaint is, i think, based on a different section altogether, viz., section 65, as will be seen from looking at paras. 9, 9a and 14 and in ..... for over one year and one quarter, viz. till the present suit was instituted on the 6th august 1917: and that after a further thirteen months the plaint was amended materially.17. to complete the main facts, i should state that on the 13th november 1915 tombroff wrote to the controller drawing his attention to a decree of macleod .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)ILR64Bom418
..... or pledge which, according to the copy sent to us by the district judge, runs as follows:being conscientiously of opinion that the bills known as the indian criminal law (amendment) bill i of 1919 and the criminal law (emergency powers) bill ii of 1919 are unjust, subversive of the principles of liberty and justice, and destructive ..... which his clients have been arraigned, is somewhat different to the atmosphere of their consulting chambers in ahmedabad. supposing for instance the committee had denounced the income tax act, the respondents would be bound by their pledge to refuse to fill in the schedules sent to them for the purpose of assessment. if a client consulted one ..... as a pleader or an advocate, or to consider that it was improper that a pleader or advocate should remain as a practitioner of the court, although the acts complained of do not involve an imputation of general infamy or bad character. this pledge, however, can be said to involve, if not directly, certainly indirectly, .....
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