Court : Mumbai
Reported in : AIR1926Bom97; (1925)27BOMLR1261
..... of the intention, actual and legal, of the parties, partly perhaps from the fact clause (1) (b) and clause (2) (v) of section 17 of the indian registration act are not contradictory nor, taken together, exhaustive. there may be a third category of documents which create a right to obtain another document but do not merely create it ..... is compulsory or otherwise depends upon whether the document exhibit 12 falls under section 17 (1) (b) or whether it falls under section 17 (2) (v) of the indian registration act, that is, whether it does or does not itself create, declare, assign, limit, or extinguish any right, title and interest of the value of us. 100 and ..... itself shall be in force.' the madras high court held that in view of these provisions the document did not come within section 17(2) (v) of the indian registration act, but the privy council in their judgment at p.381 says that this document ' is not one by itself creating, assigning, limiting or extinguishing any right or interest .....
Tag this Judgment!Court : Mumbai
Reported in : (1991)93BOMLR510; 1991CriLJ3163
..... case in which the state government should pay to him special fees.8. this being a prosecution under the provisions of the prevention of corruption act and the corresponding sections of the indian penal code, valid sanction is a necessary prerequisite for the prosecution. before the trial court, accused no. 1 had seriously challenged the validity of ..... , first class, miraj, mr. bhosale, was at that time hearing criminal case no. 129 of 1981, which case pertained to a prosecution instituted by the miraj railway police in relation to the theft of aluminium wire in the year 1980. originally, there were as many as 14 accused in that case, but some of them are ..... case of kishan chand mangal v. state of rajasthan, : [1983]1scr569 , upheld the principle that even uncorroborated testimony of trap witnesses can be acted upon. however, after the amendment to the indian penal code and the introduction of s. 165a since the person who offers a bribe or agrees to offer it is in the legal position of .....
Tag this Judgment!Court : Mumbai
Reported in : (1927)29BOMLR153
..... the condition in question being broken by the deceased.35. the reference was heard by crump j.crump, j.36. the accused held a license under the indian explosives act 1884 to manufacture gunpowder. the fourth condition of that license contains the following words :-the explosive shall be manufactured in a tent or lightly constructed building exclusively ..... more applicable, in view of the fact that we are dealing with a case of manufacture of explosives, i. e., articles dangerous in themselves. thus in dominion natural gas company, limited v. collins and perkins [1909] a.c. 640 their lordships of the privy council say (p. 646) :-it has, however, again and again been ..... contention i see no reason to differ from the lower court in its appreciation of the evidence. the accused held a license under the rules framed under the indian explosives act and published in the bombay government gazette, 1914, part i, pp. 1300-1350. rule 32 provides that no explosive shall be manufactured except under and .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)ALLMR430; 2005(3)BomCR478; 2005(2)MhLj310
..... , their lordships of supreme court have observed that :'the guideline value has relevance only in the context of section 47-a of the indian stamp act (as amended by t. n. act 24 of 1967) which provides for dealing with instruments of conveyance which are undervalued. the guideline value is a rate fixed by authorities under ..... cases as issued by different collectors for their respective districts in the state of punjab are totally without jurisdiction and void. the authorities under the stamp act are directed to perform their duties in accordance with those statutes by ignoring the guidelines/instructions referred to above. the petitioners are also held entitled to ..... to be insufficient within a period of two years from registration.4. the state has framed rules in exercise of powers under section 70 of the bombay stamp act, titling as bombay stamp (determination of true market value and property) rules, 1981. rules contemplate quasi-judicial inquiry by the collector under section 32-a.5 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom191; (1933)35BOMLR282; 147Ind.Cas.1233
..... societies registered under the act now in question, the members are not liable to have executions issued against them in respect of judgments obtained against the society. the ..... 4 of the co-operative societies act (ii of 1912), proviso (2), the liability of the members is unlimited. in a full bench decision of the patna high court, harihar prasad v. bansi missir i.l.r. (1931) pat. 174 it was held that as in the case of companies registered under the indian companies act, so in the case of ..... comply with the requisition it would have been open to the plaintiff to approach the registrar. the plaintiff was entitled as a surety under section 140 of the indian contract act to the rights of the creditor who had obtained a decree against the estate of the society. the learned district judge held that the plaintiff was entitled .....
Tag this Judgment!Court : Mumbai
Reported in : (1988)IILLJ264Bom
..... not resorting to a legitimate form of protest to ventilate and draw public attention to their grievances. there is nothing in section 19 of banking companies (acquisition and transfer of undertakings) act, 1970 and there is nothing (as indeed there cannot be) in the observations of the supreme court, that in the guise of an administrative ..... 1966 and 12th october, 1970 the service conditions were modified in terms of the bi-partite agreements entered into between all india bank employees' association and the indian banks' association. they were further modified by a supplementary agreement of 23rd july, 1971. it is by the regulations, awards and settlements having statutory force and ..... and the employees' submission that a contract to pay wages is indivisible in character was rejected by the madras high court in v. ramchandran v. indian bank : (1979)illj122mad , and r. rajamanickam v. indian bank : (1981)iillj367mad .7. in dharam singh v. bank of india 1979 (2) lab. i.c. 1979, the punjab and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom268
..... , sufficient to constitute an agreement between themselves. both of them, though at different times, applied for enrollment 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 enrollment which they signed and addressed to the secretary they stated that they had read the current rules and regulations ..... :the 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, 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 signed .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR69; 2007(2)ARBLR356(Bom); 2007(3)BomCR43; 2007(4)MhLj569
d.y. chandrachud, j.1. a challenge under section 34 of the arbitration and conciliation act, 1996, to an arbitral award of the indian motion pictures distributors' association having failed, an appeal has been filed. 2. the appellant is an actor by profession. the appellant has a brother by ..... in the name and style of 'vip films combines', the third respondent to these proceedings. by a letter dated 26th march 1991, the third respondent informed the indian motion pictures distributors' association, the second respondent, that under an agreement of the same date, the third respondent had assigned distribution rights to the first respondent in ..... appellant and the third respondent who are held to be jointly and severally liable. 8. the appellant instituted a petition under section 34 of the arbitration and conciliation act, 1996. by a judgment and order dated 9th june 1997, the learned single judge dismissed the arbitration petition. the contention of the appellant was that the contract .....
Tag this Judgment!Court : Mumbai
Reported in : [1995]213ITR361(Bom)
..... the decision in cit v. nainital. bank ltd. ltd. : [1966]62itr638(sc) , wherein it is held that 'the sole question for determination is whether in incurring the expenditure the assessee-company acted in the interests of and for the purpose of its business. even if it is held-which is not at all admitted-that the assessee ..... in r. b. jodha mal kuthiala v. cit : [1971]82itr570(sc) . the supreme court in the said decision pointed out that for the purposes of section 9 of the indian income-tax act, 1922, the owner of a property is a person who can exercise the rights of the owner in his own right. the supreme court confirmed the decision of the ..... j. shah, who was allotted a flat as a shareholder of the same company khetan estate ltd., was assessable to tax in respect of the said property as income from house property under section 9 of the indian income-tax act, 1922 (corresponding to section 22 of the income-tax act, 1961). the high court answered the question in the affirmative. it was submitted .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)82BOMLR247; [1979(38)FLR279]; 1980MhLJ597
..... the state (province) by specification in the gazette. by a notification dated 26-12-1947, under section 2(3) of the said act, the said act was made applicable 'to the business' of banking companies' in the whole of the then bombay state. it is not disputed that business of banking is an industry within the meaning of the ..... to direct that all the provisions of the said act shall apply to the business of banking companies registered under any of the enactments relating to companies for the time being inforce in any part of his majesty's dominions or elsewhere or incorporated by an act of parliament or by an indian law or by royal charter or by letters patent ..... .'11. the repealed act of 1938 thus was applied to the .....
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