Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Court: mumbai Page 1 of about 41 results (0.082 seconds)

J.M. D'souza Vs. the Reserve Bank of India

Court : Mumbai

Reported in : AIR1946Bom510; (1946)48BOMLR365

..... (2) the bank shall, in exchange for currency notes or bank notes of five rupees or upwards, supply currency notes or bank notes of lower value or other coins which are legal tender under the indian coinage act, 1906, in such quantities as may, in the opinion of the bank, be required for circulation; and the central government shall supply such coins to the bank on demand. ..... provides:-on the expiry of the 12th day of january 1946, all high denomination bank-notes shall, notwithstanding anything contained in section 26 of the reserve bank of india act, 1934 (act ii of 1934), cease to be legal tender in payment or on account at any place in british india.section 4 says:-save as provided by or under this ordinance, no person shall after the 12th day of january ,1946 transfer to the possession of another person or receive into his possession from another person any high ..... for the appellant contends that these sections deal only with the exchange of notes for rupee coin or notes of other denominations under section 39 of the reserve bank of india act, 1934, and do not affect the bank's obligation to carry out ' the promise to pay ' made in such bank notes when they were issued. ..... munshi referred to the definition of the word ' exchange ' in section 118 of the transfer of property act, which is as follows:-when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing nor both things being money only, the transaction is called an 'exchange .....

Shrinivasdas Lakshminarayan Vs. Ramchandra Ramrattandas

Court : Mumbai

Reported in : (1919)21BOMLR788

..... the coinage act, iii of 1906, made gold coins legal tender at the rate of fifteen rupees ..... urged before us on this appeal that the learned judge ought to have bean guided by the dicta of the english judges and not to have extended the law of public policy under section 23 of the indian contract act so as to comprehend all the political policies from time to time of the government in india.34. ..... which the learned judge himself is driven when he falls back in the last part of his judgment on the notifications of june 1917 and august 1918 as indicia of what is contrary to public policy in connection with the gold currency.but if the case is to be decided on the notifications the contracts must be shown to be forbidden by law and would then fall under the first head of s, 23 of the indian contract act and any reference to public policy would ..... financial statement was referred to in the argument of this appeal and i propose to refer to it again as a public document containing an authoritative statement of the financial position of the government in 1918 when the notification of august was issued from which inferences may be drawn as to the policy of the government in issuing it.17. ..... to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by courts of justice. .....

Bhagwandas Ichharam Panchal Vs. Royal Western India Turf Club Limited

Court : Mumbai

Reported in : (1970)72BOMLR764

..... invited my attention to section 13(1)(a) of the indian coinage act, 1906, and to section 26(1) of the reserve bank of india act, 1934, under which payment may be made respectively either in rupee coins or in bank ..... definitions of a bill of exchange and a cheque given in the negotiable instrument act, 1881, and has urged that a cheque is merely a bill of exchange drawn on a banker and that upon such cheque being presented to the banker, the banker would be bound to pay the drawee in tender which is recognised in law as legal tender, namely, in the coin of the land or the bank notes issued by the reserve bank and that ..... and i see no reason why i should not exercise my jurisdiction to determine the questions raised by this originating summons on the summons itself instead of referring the plaintiff to a separate regular suit, particularly when the liability on the part of the defendants to make payment is admitted and the only dispute between the parties is as to the mode of payment, the decision of which depends only upon the construction ..... counsel for the defendants, next expressed surprise why the plaintiff should desire payment by cheque when the law requires a debtor to make payment in cash and under the law the ..... the defendants by their reply dated january 14, 1960 stated that the plaintiff should call at their office when he would be 'paid on his successful jackpot pool tickets for the races held on 1st january 1969, strictly as per our totalizator rules in this behalf', by .....

Eastern Steamship Private Ltd. Vs. Pucto Private Ltd. and anr.

Court : Mumbai

Reported in : (1970)72BOMLR697; [1971]41CompCas43(Bom)

..... would show that suits commenced before the winding up order or appointment of a provisional liquidator are not separated from suits commenced thereafter as has been done in section 446 of the companies act, 1956, in respect of both kinds of suits, section 171 provides that no such suits or other legal proceedings shall be proceeded with or commenced against the company except by leave of the court indication that there are two stages at which a plaintiff may seek the leave ..... against whom an order of adjudication was made, if brought without the leave of the court need not necessarily be dismissed, but may either be stayed or allowed to be proceeded with on terms in the judgment a reference is made to the provisions of section 171 of the indian companies act, 1913, which also provided for leave to commence or proceed with suits against a company in winding up. ..... the words of section 17 would show that when an order of adjudication is made, no creditor in respect of a debt provable in insolvency, shall have any remedy against the property of the insolvent in respect of the debt provable in insolvency nor shall he commence any suit or other legal proceeding except with the leave of the court and on such terms as the court may impose. ..... he may seek the leave of the court before the commencement of a suit or he may even choose to seek such leave after the winding up order or appointment of a provisional liquidator, when he wishes to proceed with the suit. .....

Additional Commissioner of Income-tax Vs. Central Bank of India

Court : Mumbai

Reported in : (1984)43CTR(Bom)329; [1986]159ITR756(Bom); [1984]18TAXMAN119(Bom)

..... similarly, in the present case, the assessee has an unqualified right to carry forward its loss arising under the head 'capital gains' under the provisions of section 24(2b) of the indian income-tax act, 1922, read with section 74(1)(b) of the income-tax act, 1961, subject only to the limitation that such loss is not to be carried forward for more than eight years. ..... under section 6 of the general clauses act, 1897, when any central act is repealed, such a repeal does not affect any right acquired under any enactment so repealed unless a different intention appears in the repealing act. ..... the loss occurred in the assessment year 1960-61 at a time when the indian income-tax act, 1922, was applicable. ..... section 72 in terms provides that when there is a loss which cannot be or is not wholly set off in accordance with the provisions of section 71, so much of the loss as has not been so set off can be carried forward as laid down in that section. ..... in the present case, it is necessary to bear in mind that the loss in question arose in the assessment year 1960-61 when the rights of the assessee were governed by the indian income-tax act, 1922. ..... under sub-section (2b) of that section, when such a loss cannot be set off in accordance with the provisions of sub-section (2a), the portion not so set off shall be carried forward to the following year and set off against capital gains for that year and so on, except that such a loss cannot be carried forward for more .....

The State of Maharashtra, through Police Station Officer and Others Vs ...

Court : Mumbai Nagpur

..... the instant conclusion would also emerge from section 106 of the indian evidence act, 1872 which is being extracted hereunder: 106 burden of proving fact especially within knowledge -when any fact is especially within the knowledge of any person, the ..... seen that their lordships have held that the last seen theory would come into play only in a case where the time-gap between the point of time when the accused and the deceased were seen alive and when the deceased was found dead is so small that there may not be any possibility that any person other than the accused may be the author of the ..... parliament for the safety and security of the citizens and the unity, sovereignty and integrity of the country, the punishment prescribed for those committing any act contrary of section 364a ipc cannot be dubbed as so outrageously disproportionate to the nature of the offence as to call for the same being declared as unconstitutional. ..... has also established beyond reasonable doubt that the incriminating material which was seized at the instance of accused no.1 rajesh on a memorandum under section 27 matches with the dna profile of the deceased yug, so also the sand seized from the spot where the dead body was concealed ..... reported in air 2014 sc (supp) 1434 have considered the legal position with regard to purpose of statement made u/s.313 of the ..... boy was talking on the phone from the coin box saying that "panch karod leke aana". ..... he had given ten coins to him on exchanging ..... call from the coin box. .....

Madhao Pandurang and anr. Vs. Yeshwant

Court : Mumbai

Reported in : AIR1974Bom12; ILR1974Bom752; 1973MhLJ771

..... doubt in many cases the distinction is very fine and the line of demarcation between dis possession and adverse is thin but the question in each case is one of burden of proof and it is incumbent on the plaintiff when he has been dispossessed or had discontinued his possession to establish the date of dis possession or discontinuance of possession and to show that it was within twelve years of the institution of the suit (vide article 142 of the ..... the question referred to the full bench is as follows : - if a plaintiff claims possession against a defendant alleging him to be his tenant and fails to prove the tenancy set up by him, article 142 of the first schedule to the indian limitation act, 1908, will not apply and the only article that can apply is article 144 of the first schedule to the limitation ..... for appreciating the controversy involved in this appeal it is necessary to reproduce articles 142 and 144 of the indian limitation act, 1908, which are as under:______________________________________________________________________________________period of time from which period description of suit limitation period begins to ..... further submitted by shri chendke that no evidence to contradict that finding can be tendered even for a collateral purpose.21. ..... careful even in this alternative prayer to say that he could only be deemed to be dispossessed by section 144 proceedings. ..... hold that legislative interpretation of the statute of 1918 is to be found in this section 26. ..... section 144, .....

Commissioner of Income-tax, Bombay City-i Vs. BasseIn Electric Supply ...

Court : Mumbai

Reported in : [1979]118ITR885(Bom)

..... the aac, however, observed that where the written down value of any particulars asset would result in a negative figure after applying the definition of 'actual cost' to be found in the act of 1961, depreciation may cease to be allowed thereon but that the so-called negative figure was not required to be further adjusted thereafter against other assets which were yet required to be depreciated ..... it is to safeguard this that reference had to be made to the depreciation allowed under the indian income-tax act, 1922, in clause (b) of section 43(6) of the act of 1961. ..... where the assessee derived income from the business of distribution of electricity and depreciation was allowed to it under the act of 1922, on the basis that 'actual cost' would include contributions received from consumers for the installation of service lines but, after the passing of the act of 1961, such contributions had to be excluded in computing 'actual cost', on the question whether for the assessment year 1962-63, the 'actual cost' had to be recomputed.' ..... ito, therefore, redetermined the written down value of the assets; he recalculated the actual cost according to the definition in the act of 1961 and thereafter deducted therefrom the depreciation actually allowed on the assets in all the past years. ..... when we were taken through the three judgments of the calcutta, madras and the allahabad high courts, we did not find that the said courts had failed to refer to or apply their mind to any relevant ..... when the .....

Uma Vithal Jhaveri and Another Vs. Nikhil Vithal Jhaveri

Court : Mumbai

..... the petitioners on the other hand made an attempt to distinguish the judgment of the division bench in case of nina agarwalla (supra) on the ground that though the petitioners were the legal heirs of the said deceased, citation was not served upon the petitioners and thus the grant obtained by the respondent without service of citation was in violation of rule 399 and 340 of ..... the division bench in case of nina agarwalla (supra) has held that the limitation for filing petition under section 263 of indian succession act, 1925 would commence from the date of grant of probate or letters of administration by this court. ..... particular paragraph (4) thereof in support of her submission that grant of probate without service of citation on the legal heirs is illegal and is liable to be revoked under section 263 of the indian succession act, 1925. 10. ..... the case of the appellant is that this court should in terms of section 263 of the indian succession act, 1925 revoke the probate as the proceedings leading to the grant of the probate were defective in substance in as much as the citation required to be served were not served upon ..... learned counsel appearing for the respondent raised objection against the petitioners' tendering these two documents across the bar, i would deal with the ..... date of issuant of grant by this court which was in the year 1996 and would not commence on 29th july, 2011 when the last letter was addressed by the petitioners for demanding copy of probate or proceedings. 18. .....

Phoenix Mills Ltd. Vs. M.H. Dinshaw and Co.

Court : Mumbai

Reported in : AIR1946Bom469; (1946)48BOMLR313

..... bholaram : air1946bom1 and where i expressed the opinion that time cannot be extended by the promisee under section 63 of the indian contract act by a unilateral act of his, and in order to extend time there must be an agreement between the promisor and the promisee ..... in the alternative the defendants contend that the plaintiffs have dispensed with the performance of those obligations on the part of the defendants under section 63 of the indian contract act, 1872; and finally they also base their defence on an estoppel operating against the plaintiffs.2. ..... i must observe again, with very great respect, that their lordships completely overlooked section 63 of the indian contract act and also their earlier decision reported in chimna mal-ram nath v. ..... but i do not think it follows from that judgment that every dispensation made by the promisee under section 63 of the indian contract act necessarily requires an agreement between the promisor and the promisee. ..... bhatt relies is that although this document was tendered on april 1, 1942, the plaintiffs did nothing till april 14, 1942, when they merely objected to the insufficiency of the amount covered by the policy, and it was only when the suit was filed that they objected to the form of the policy ..... the position is the same with regard to not taking objection to the form of the certificate till the suit was filed because it may be that the legal advisers of the plaintiffs did not realize that particular defect till the suit came to be filed. .....