Court : Mumbai
Reported in : (1940)42BOMLR1172
..... now under consideration.19. similarly irrelevant is the case of sesha ayyar v. the tinnevelly saranga-pani sugar mill company, limited (1907) i.l.r. 30 mad. 533. in that case, the question arose under the indian companies act (vi of 1882), and it was held that the court would recognise the attaching decree-holder as a ..... representative of the person holding a decree against the company, for the purpose of proving, in the course of liquidation, for the decretal debt ..... -debtor agreed to pay towards the decree a certain sum to the attaching decree-holder constituted an acknowledgment of liability, which, under section 19 ofi the indian limitation act operative at that time, gave rise to a new period of limitation. the question whether the compromise between the attaching decree-holder and the original judgment .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom11; (1966)68BOMLR256; ILR1966Bom663
..... appearing in the issue of february under the caption 'nationalism v. gandhiji', in the introductory portion, the writer states that just as there is danger to indian nationalism from those following marxism and those following mohammadism, in the same way there is danger from the followers of gandhiji. the first paragraph runs under the ..... draw the conclusion that it was necessary to detain the person concerned. further, it is necessary to note that the material does not comprise physical tangible acts, such as acts of assault, intimidation arson etc. the material consists in the articles written by the petitioner. that means that we are in the realm of ides, ..... although he was not physically present, the articles written by him in 'painjan' clearly indicated that he fully shared the view that nathuram godse committed a laudable act in assassinating mahatma gandhi. here we have some glimpse of the working of the mind of the district magistrate, namely, that he concluded that the articles .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)12CTR(Bom)45; [1980]126ITR27(Bom)
..... charitable purposes and the income of such body will be exempt from income-tax under s. 4(3)(i) of the indian i.t. act, 1922. the andhra chamber of commerce was a company registered under s. 26 of the indian companies act, 1913, and was permitted by the government to omit the worked 'limited' from its name. its primary objects were ..... punjab and haryana high court took the view that the income of a body like the textile manufacturers' association was exempt under s. 4(3)(i) of the indian i.t. act, 1922. it held that advancement of trade, commerce and industry leading to economic prosperity enures for the, benefit of the entire community. that prosperity would be shared ..... a trust or other legal obligation, wholly for charitable purposes, and the income from the building was exempt from tax under s. 4(3)(i) of the indian i.t. act, 1922. the supreme court took the view that the advancement or promotion of trade, commerce and industry leading to economic prosperity enured for the benefit of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1633
..... operative part of his orderhe mentioned as follows: 'the explanation tendered by the exporters is not at all satisfactory and i am satisfied that messrs. faiz and company deliberately misdeclared the description of goods in order to evade grading of bales. further the licensing policy of raw (indigeous) wool is stricter than that for wool ..... to be exported without a grading certificate from the competent authorities and without the endorsement from the export trade control authorities for having licensed the goods as 'indian wool raw.' as to the fact that there existed as regards wool the aforesaid restrictions on export requiring 'grading' of the goods and 'an export trade ..... an export licence was not produced as necessary and that offence attracting the provisions of section 167 clause 8 real with section 19 of the sea customs act was thereby established and a whow cause memo was accordingly served on the exporter. he relied upon the findings of the agricultural marketing adviser to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom219; (1924)26BOMLR118
..... except in cases where a government officer is a party, in which event registration is unnecessary. then under section 60 registration under the act is to be equivalent to registration under the indian registration act.5. as regards sections 2 and 20, which are mentioned in the first question referred to us, i have already quoted the ..... been applied to all transactions, whether entered into after that date or before that date, provided the party to the transaction was an agriculturist as defined by the act, subject of course to the other provisions of the section, without any objection having been raised. i have, therefore, no hesitation in rejecting the argument which ..... that this necessarily follows. section 1 is the dominating section, and contemplates that outside the four original districts of poona, satara, sholapur and ahmednagar, the act shall be applied and extended section by section from time to time. but section 2 is not one of those sections mentioned in section 1 as extending to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom188; (1925)27BOMLR48
..... represent profits, may be distributed by way of dividend, capital assets may be distributed in a win-ling up or in certain other limited ways under the indian companies act. but this present memorandum of association or rather the rough translation before us affords no ground for thinking that any such power as is here contended for is ..... be added that no mere informality or irregularity which can be remedied by the majority will entitle the minority to sue, if the act when done regularly would be within the powers of the company and the intention of the majority of the shareholders is clear. this may be illustrated by the judgment of mellish l. j. ..... p. 93):-the oases in which the minority can maintain such an action are, therefore, confined to those in which the acts complained of are of a fraudulent character or beyond the powers of the company. a familiar example is where the majority are endeavouring directly or indirectly to appropriate to themselves money, property, or advantages which .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom354; (1938)40BOMLR507
..... not' governed by article 183.12. both the above contentions of the plaintiff failing, it is not disputed that the case must fall under article 181 of the indian limitation, act. that being so, i hold that the present application is barred by the law of limitation.13. the plaintiff applies that final orders on this application may ..... who stands in the shoes of the mortgagor, and he contends that the application is barred by the law of limitation. according to him article 181 of the indian limitation act applies to applications of this kind, and the period fixed by the article is three years.3. the plaintiff contends in the first place that there is no ..... the court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, and directing such accounts to be taken, and other acts to be done, as it thinks fit. the provisions in the civil procedure code as regards mortgage suits are different. order xxxiv, rule 5, provides that in a suit for .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom262; (1933)35BOMLR404
..... qualification is not observed or the condition fulfilled, the contract would be illegal. take for instance section 20 of the indian companies act which requires more than twenty persons forming a company to get it registered, and if a company or a partnership entered into in breach of the condition,') laid down in that section, it has been held, and ..... result of doing so would be to violate the provision of a statute. this follows from the provisions of sections 80, 81 and section 4 of the indian trusts act, and on the facts, to give effect to the transaction, and to hold that the plaintiff's title was established, would result in defeating the provisions of ..... section 83 of the bombay district police act read with section 23 of the indian contract act.11. the result is that the appeal must be allowed and the decree reversed, but considering the circumstances of this case, and in particular .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR309
..... that the question of construction of these two documents must be approached on the settled principles of construction which are merely incorporated in the relevant sections of the indian evidence act. if there was no inconsistency and if the language of the document was not ambiguous or obscure and the case did not fall within any of the ..... extra assistant judge, came to the conclusion that it was not permissible to the defendant to lead oral evidence in the face of the relevant provisions of the indian evidence act and that if such evidence was shut out, then plaintiff was entitled to a decree for the rent amount admittedly in arrears.10. in these circumstances, the ..... point is required to be considered in this second appeal and the question that arises is whether notwithstanding, the provisions of as. 91 and 92 of the indian evidence act, it is permissible for the court to allow a party to show that the contract as mentioned in the relevant document or documents was not the real contract .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)ILR46Bom873
..... that is, the applicability of the code of manu to the dravidians of this presidency. the english judges who administered justice in the days of the east india company took their law from the pandits who always looked up the ancient texts for guidance. the more ancient the text the greater was its sanctity, and ergo its ..... in almost all instances been hindus; and none is conceivable in connexion with section 3, hindu widows re-marriage act (xv of 1856). it is true that the hindu wills act (xx of 1870) did not apply section 47 of indian succession act (xv of 1856) to hindu wills; but that section, evidently based on the statute of charles ii, ..... and the proposal for her marriage, on account of which the removal of first respondent wan principally asked for. it is sufficient that neither the guardians and wards act nor any authority makes such ascertainment obligatory and that the lower court may very well have refrained from seeing and questioning the minor in the exercise of its discretion .....
Tag this Judgment!