Court : Mumbai
Reported in : AIR1969Bom221; (1968)70BOMLR788; ILR1969Bom324; 1968MhLJ762
..... refuse to allow defendant to proceed with the appeal which he had instituted in contravention of it. the full bench points out that section 28 of the indian contract act incorporates a well recognised rule of english courts which prohibits all agreements purporting to oust the jurisdiction of the courts, but not with standing this rule, ..... one month, that could be considered a good consideration for such a contract. this is not a contract which is affected by section 28 of the indian contract act. a distinctions has to be made between contracts which are opposed to public policy or contracts which are ink the nature of bona fide settlement of a ..... appellant shall not be allowed to proceed with his remedy of this appeal. shri khamborkar in that behalf relies upon the provisions of section 28 of the indian contract act. every agreement by which any party there to is restricted absolutely from enforcing in the ordinary tribunals, is declared void. shri khamborkar urges that the judgment-debtor .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR975
..... think the evidence is conclusive.3. the only matter which requires serious consideration as regards them is whether to their confessions the provisions of section 24 of the indian evidence act apply, so as to render them irrelevant. the matter was considered by the trying judge and he came to the conclusion that the confessions were relevant. accused 1 ..... good in law. the confessions of the co-accused could not be considered at all against the other accused but for the provisions of section 30 of the indian evidence act. these confessional statements are not made on oath and have not been tested by cross-examination. their evidentiary value is very low. they stand on a much ..... on this short point, and the appellants should be acquitted.35. secondly, the confession of a co accused is not evidence as defined in section 3 of the indian evidence act, since the co-accused is not a witness, nor is his confession a documentary evidence. section 30 also does not make it evidence. it can at most be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1946Bom401; (1946)48BOMLR141
..... rupees three lakhs in order to save the company. on those facts only one decision was possible at which the court arrived, namely, that the sum of rupees three lakhs paid by sir homi mehta was not solely for the purpose required by section 12, sub-section (2), of the indian income-tax act. the difference between the case we have ..... lost his capital invested in the company, his salary, and his business reputation and credit. sir john beaumont, chief justice, held that this sum of rupees three lakhs was not paid solely for the purpose of earning such income, profits or gains as required by section 12, sub-section (2), of the indian income-tax act. now it is to be ..... shareholders of the company sued him for damages and that suit was decided also in favour of the assessee. subsequently in making his return for income-tax for the year 1931-32 the assessee claimed to deduct the expenses incurred by him in defending the second suit under section 10(2) (ix) of the indian income-tax act, 1922, and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom119; (1965)67BOMLR569; 1966CriLJ399; ILR1966Bom72
..... accused who was the manager of the indian express carried bundles of newspapers from the office of the indian express to the railway station on two occasions and having regard to the definition of the goods vehicles in clause 2 (8) it was held that ..... no license for plying the same in that manner and he would therefore fall within the mischief of s.42 read with s. 123 of the motor vehicles act .(6) in re manager , indian express ilr (1946) mad 222 : air 1945 mad 440 a similar construction was placed on these clauses by the madras high court . in that case the ..... vehicle of in being used'ordinarily in common parlance a transport vehicle in the which transports either goods of the passenger of from on place to another. but then the act has itself framed definitions which apply unless there is framed context to the contrary. the relevant definitions are those to 'light motor vehicle' 'motor cab', 'motor car' ' .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR125
..... upon the completion of the administration of the estate, constituted a debt due from the administrator general to tirthapati within the meaning of section 214 of the indian succession act and that the court should not have made any order in favour of parijat debi without the production of a succession certificate.26. the material parts of ..... general of bengal have appealed.20. as regards the first of the above mentioned questions, it was argued on behalf of the appellants that section 104 of the indian succession act of 1925 had no application to the facts of this case.21. the section is as follows :-104. if a legacy is given in general terms, ..... differed were formulated as follows :-(1) whether in the circumstances which have happened in this case the applicant srimutty parijat debi can invoke section 104 of the indian succession act in her favour; (2) whether it is incumbent upon srimutty parijat debi to take out a succession certificate to enable her to recover the residuary share of .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1483
..... robson has been applied by the madras high court in the case of sundara nadan v. annammal a.i.r. (1931) mad. 529 to indian christiana. it has also been applied in ranja khan v. ma chit a.i.r. (1931) ran. 178 to burmese law, and it ..... de facto guardian purports to alienate property on behalf of the minor, he should get himself appointed as guardian under the guardians and wards act, i have not to consider what the law on this point should be, but i am bound to ascertain the hindu law as ..... in his favour. the principle enunciated in the judgment of the privy council is embodied in section 38 of the transfer of property act. the decision in hunoomanperaaud's case has been treated in subsequent decisions of the privy council as relating to the powers of a ..... a so called guardian de facto is not a guardian at all. he is merely a person who has assumed without authority to act as guardian, and it is a strong thing to hold that by such assumption he has acquired the right to deal with the minor .....
Tag this Judgment!Court : Mumbai
Reported in : 1990LC219(Bombay); 1990(46)ELT7(Bom)
..... 00handling and storing charges pounds 3.75buying commission pounds 1.13freight pounds 35.75insurance pounds 1.58 ---------------- pounds 282.21 ----------------8. on the arrival of indian valour in bombay, the petitioner-company filed a bill of entry showing the assessable value aggregating to rs. 4,698/- including landing charges.9. coming to the third shipment ex s ..... 14 has to be between the seller and the buyer and not between the principal and his agent. the u. k. company was not the seller but acted merely as the agent of the petitioner-company. furthermore, it has never been even the case of the department that woodhouse drake and carey ltd. or cocoa merchants ltd. ..... carey ltd. in the woodhouse contract and cocoa merchants ltd. in the malaysian contract, the u. k. company having merely acted as the agent of the petitioner-company. hence even assuming the petitioner-company and the u. k. company have an interest in the business of each other, the same would not be hit by the vice of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom108; (1941)43BOMLR53
..... in re kitchin (1881) 17 ch. d. 668. are worthy to be borne in mind for deciding the liability of the 2nd defendant company. those observations, read along with section 133 of the indian contract act, refute the contentions urged on behalf of the plaintiff, that if on receipt of intimation from new york and conveying the same to the ..... debtor, then he is entitled to require the debt to be proved as against him in accordance with the ordinary law, that is in this case under the indian evidence act. if, on the other hand, the principal debtor has agreed that as against him the debt shall be proved in a particular way, and the guarantor has ..... 1st defendant company, they did not challenge the transaction, it was not open to the surety thereafter to challenge the same. the question, therefore, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom79; (1934)36BOMLR47; 150Ind.Cas.478
..... being apply, so that that is in substance a repeal of the existing statutory provisions as to arbitration by agreement in cases to which the indian arbitration act applies, thus leaving the indian arbitration act as the only statutory provision as to agreements coming within its terms. then there is a proviso to section 3 to the effect that ..... mills co. ltd., was to be entitled, under an agreement between himself and the defendant, to a share of a commission payable to the defendant by that company, of which the defendant and another were agents, and then it is alleged that by a verbal agreement between the plaintiff and the defendant arrived at in the ..... submission is a legal submission to arbitration.14. i respectfully agree with those observations, and inasmuch as i think that both the code of civil procedure and the indian arbitration act are not compulsory, but deal with methods of procedure for going to arbitration and enforcing awards, it is still, in my opinion, open, to those who .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom168; 1973MhLJ233
..... laxley, (1792) 2 rr 521; doe v. austin. (1832) 2 bing 41 and re stringer's estate lr c ch 9. per jussel m. r. and under the provisions of indian statutes (see veerraju v. venkanna, : [1966]1scr831 , following bilas kunwar v. desraj ranjit air 1915 pc 96; mohamad mumtaz ali v. mohansingh air 1923 pc 118; naina pillai v. ..... cannot have larger dimensions than the original device. if the lessee stands estopped so also the person claiming through him.8. the provisions of section 116 of the evidence act are in two parts and operate against all persons who enter upon the property as tenants or as licensees of the persons in possession thereof. the later part of that ..... that puts in issue the title of the plaintiffs themselves. he being inducted by the tenant of the plaintiff, he says, the provisions of section 116 of the evidence act do not apply to him, nor the estoppel operates upon his defence.6. the position relating to the persons claiming through the tenants is not better than the tenant .....
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