Court : Mumbai
Reported in : AIR1916Bom159; (1916)18BOMLR810; 36Ind.Cas.715
..... november 1911, shortly after her husband's death, by the defendants. in that form the suit appears to be a suit governed by article 142 of the schedule to the indian limitation act, and in all cases of that kind the onus falls first upon the plaintiff alleging dispossession and by implication, therefore, possession, to prove possession within the statutory period. but ..... . the only way in which such a document can be set aside is by proof of some such circumstances as are indicated in section 53 of the transfer of property act. that, indeed, was the case set up by the defendants in this very suit. that attack admittedly fails. so i need say no more about it, and that attack having ..... . it has all its legal effect from the moment of execution and there can, therefore, be no question of any intention to act upon or not to act upon it, later. if this view be correct, and we feel no doubt whatever but that it is, it follows that the finding of fact in both the courts below .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290
..... 178 ( pc) . on the power of the state legislature to effect an amendment of this kind that case is instructive. in that case an act passed by the indian legislature (act xxii of 1869) which was a validly enacted piece of legislation by the then governor-general in council. it empowered an executive authority viz. lieutenant -governor ..... the lands were needed for a public purpose? in fact the letter of mr. nayak should really have informed him that the lands were needed for a company (the maharashtra industrial development corporation) and certainly not for a public purpose. that letter in terms says that 'the funds will be provided by the maharashtra ..... from all encumbrances. (2) whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river side or ghat station .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom97; (1934)36BOMLR32; 150Ind.Cas.645
..... in law, relying upon the decision of the privy council to which the learned chief justice has referred which turned upon the proper construction of section 186 of the indian companies act. but their lord ships were careful to point out that that was a section which created a special procedure for obtaining payment of money and was not a ..... view there is no sufficient context in these articles to induce us to give that meaning to the expression in article 45. article 45, unlike section 186 of the indian companies act, does undoubtedly impose a new liability. article 42, which provides that if any shareholder fails to pay any money due from him in respect of any share on ..... only the remedy to recover it is barred. the case in the privy council on which the learned judge relied was a case arising under section 186 of the indian companies act. that section provides that the court may at any time after making a winding-up order make an order on any contributory for the time being settled on the .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]140ITR51(Bom); [1982]8TAXMAN204(Bom)
..... to be created in terms of section 10 (2)(vib) of the indian income-tax act, 1922 (section 34(3)(a) of the income-tax act, 1961), falls in the category of the 'other reserves' as contemplated under clause (iii) of rule 1 of the second schedule to the companies (profits) surtax act, 1964 ? (3) whether, on the facts and in the circumstances of ..... to be created in terms of s. 10(2)(vib) of the indian i.t. act, 1922, (s. 34(3)(a) of the i.t. act, 1961), falls within the category of 'other reserves' as contemplated under cl.(iii) of r. 1 of the second schedule to the companies (profits) surtax act. 1964.7. in this case it cannot be disputed that the ito ..... 33,825 standing to the credits of the gratuity reserve as on july 1, 1962, was a 'reserve' as contemplated under r. 1 of the second schedule to the companies (profit) surtax act, 1964. the ito excluded the said amount from computation of capital on the ground that the same represented 'provisions' and not 'reserve'. the aac upheld the said order .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]107ITR38(Bom)
..... rule 1(iii); and (ii) if any amounts credited to such reserves have been allowed as a deduction in computing the income of the company for the purposes of the indian income-tax act, 1922, or the income-tax act, 1961, the same would have to be capital computation. admittedly, in the instant case, none of the three amounts for the relevant years have ..... other reserves as reduced by the amounts credited to such reserves as have been allowed as a deduction in computing the income of the company for the purpose of the indian income-tax act, 1922, or the income-tax act, 1961, two condition are required to the fulfilled before any item could be included in the aggregate amount which go to make up the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom182; (1923)25BOMLR1225
..... for the purposes of this reference, though the point is by no means free from doubt, that we must apply the definition contained in section 289 of the indian contract act in considering the question of the construction of this document. the first clause in this document, as i read it, constitutes a partnership between ambalal and his ..... the terms of the document. in other words, it is contended that the persons who executed the document did not constitute a partnership within the meaning of the indian contract act. the document is sufficient, in my opinion, to constitute a partnership between the two executants of the document. the first clause of the document in terms ..... .4. the-question has been argued before us on the footing that the requirements of the definition of 'partnership' as given in section 239 of the indian contract act are not satisfied by this document. it is not necessary for the purposes of this reference to determine the general question as to whether the meaning of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR1071
..... life interest with an ultimate gift to charity in the event of failure of progeny. the gift in favour of charity has ultimately taken effect. the provisions of the indian trusts act do not apply, and, therefore, the trust property does not vest in the 2nd defendant by mere operation of law. the surviving settlor by the deed of the ..... private religious or charitable endowments or affects the rule-of mahomedan law as to wakf. this settlement has now become wholly charitable and therefore section 75 of the indian trusts act does not apply and does not operate to vest the trust property in the newly appointed trustee. with reference to the passages cited by the advocate general from ..... in the trust property is not created by the deed of appointment-that the trust property vested in the 2nd defendant under the provision of section 75 of the indian trusts act (ii of 1882) and that in any event all that the deed of appointment conferred on the 2nd defendant was a mere right to demand a conveyance .....
Tag this Judgment!Court : Mumbai
Reported in : 2Ind.Cas.173
..... with which i have dealt in the earlier part of this judgment. it is unnecessary, therefore, to invoke the aid of either section 247 or any other provision of the indian contract act.17. for these reasons i am of opinion, that the conclusion of law arrived at by heaton, j., is correct. his decree, however, goes further than the ..... samuthanam, which is also the expression used in his chapter on partnership at page 253 of moghe's third edition.11. there is a smriti of brihaspati, according to which companies of tradesmen 'should adjust their disputes according to the rules of their own profession.' (sacred books of the east, vol. 33, part i, p. 281, para. 26) ..... this:the defendant firm is not a partnership in the legal sense of the term, because it consists of the members of a joint family, governed not by the indian contract act, but by the hindu law. those members were co-parceners, who carried on an ancestral trade in the name of the family firm. their relations, whether inter se .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom209; (1916)ILR40Bom638
..... fact joined in the transfer.14. if the stage of complete execution by all necessary parties is not reached there is no reason for not applying the rule of the indian contract act, section 20, 'where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.' here both ..... . it is unnecessary in the view we take to discuss the arguments addressed to us on the covenants for title implied under section 55(2) of the transfer of property act.16. we set aside the decree dismissing the suit and pass a decree for the plaintiff for the sum claimed with interest and the cost of suit throughout.
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR686
..... , sufficient to constitute an agreement between themselves. both of them, though at different times, applied' for enrolment as members of the bombay bullion exchange, ltd., which was a company incorporated under the indian companies act, 1913. under the very terms of the application for enrolment which they signed and addressed to the secretary they stated that they had read the current rules and regulations ..... articles are for the most part in the common form of articles used by companies registered under the indian companies act, and of course in reading articles one has to remember the provisions of section 21 of the indian companies act, which provides; ' (1) the memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been .....
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