Court : Mumbai
Reported in : (1949)51BOMLR938
..... -valuation period ending before the year in which the assessment is to be made. insurance companies usually get out an actuarial valuation for a quinquennial or triennial period which is all that they are required to do by section 13 of the assurance act, 1938, and some statutory authority for treating the triennial or quinquennial valuation as the basis ..... no distinction between residents and non-residents. unless the rule applies to non-residents, they would lose the valuable privilege conferred by rule 8 : nor would rule 4 apply. furthermore rule 2(6) is the only rule which enables profits and gains to be computed on the annual average disclosed by an actuarial valuation made for ..... at under rule 2(a).9. the assessee then appealed to the appellate tribunal. in the memorandum of appeal objection was taken to the figure of rs. 4,57,424 being treated as gross external incomings and it was alleged that that figure in the revenue account did not represent an actual receipt of income, and .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom147
..... adultery--though it may be essentially voluntary, is still conceived, for the purpose of the definition or of the imposition of punishment, simply as an act. if the act as thus viewed by the legislature, is done, the offence is committed, and the penalty is incurred 'irrespective of the intention of the offender.' ..... and not, therefore, proper subjects of compromise. as their definitions involve intention, they were excluded from the exception by limiting it to cases of offences constituted by 'acts irrespective of the intention of the offender.'10. the result appears to be that whenever the words 'voluntarily,' 'intentionally,' 'fraudulently,' 'dishonestly,' or others, whose definition ..... according to a distinction well expressed by lord mansfield, c.j., in the case of r. v. shipley 4 dong. 165. thus, in cases of theft, personal violence, threats, and defamation, the physical act must spring from a dishonest or malicious intent in order to constitute an offence. this was the class of cases .....
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom489
..... document created by a statute, even though no objection may have been raised to its admission in the court below. in the case of nixon v. the albion marine insurance company l.r. 2 ex. 338, the court declined to proceed on a case submitted to it, the document on which the claim rested being unstamped, though ..... bulwark against fraud, intended to be constituted by registration, is of as great public importance even as the interests of the revenue, and when we find that the registration act viii of 1871, section 49, says not only that a document requiring registration, but unregistered, shall not be received in evidence, but also that it shall not affect ..... can have made the subsequent suit and admission collusive only by operating as an actual release; and operating or being meant to operate in that way, it required registration.4. the case of futtehchund sahoo v. leelumber singh 14 moor ind. ap: 129 strongly supports the view we take of this case. there an instrument acknowledging the receipt .....
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom542
..... the case was governed by re bankhead' s trust 2 k. & j. 560. it was there held that the bankrupt had constituted himself a trustee of certain policies of insurance (retained, however, in his own possession) for the purpose of answering certain appropriations to his own use of trust funds in his. hands. it was held that the bankrupt, ..... court on the following questions:1. whether plaintiff was the true owner of the five shares in question, within the meaning of the 23rd section of the indian insolvent act?2. whether, supposing plaintiff was the true owner as aforesaid, the said shares were in the order and disposition of the said nagardas parmanandas at the time of his ..... two hundred and fifty, being the amount of first call on five shares of amraoti cotton mills, as per allotment no. 132.bombay, 27th october 1874.(signed) volkart brothers.4. it was further found by the judge that, on or about the 30th november 1874, nagardas, by a certain document (a copy of which is annexed to the case) .....
Tag this Judgment!Court : Mumbai
Reported in : (1888)ILR12Bom634
..... a nuisance, from which it might be concluded that the legislature intended they should be made regardless of other persons' rights. the absence of these indications in the act under which the power is exercised is relied on by lord selborne and lord blackburn in the case above referred to as distinguishing it from the directors, & c ..... watson says: 'the fair inference is that the legislature intended that discretion to be exercised in strict conformity with private rights.' again, there is nothing in the act which necessarily requires privies to fee erected, although their being so erected would create a nuisance, or to lead to the inference that the legislature supposed that they ..... ., of the hammersmith and city railway company v. g.h. brand l.r. 4 h.l.171 . as the municipality had, therefore, in our opinion on the proper construction of the act, bombay act vi of 1873, no authority to order the defendants to erect a privy regardless of the plaintiff's rights, they .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom48
..... for the appellant (the defendant) that government ought to have a voice in such a matter in order to insure to itself a succession of suitable hereditary officers. no such right of intervention in adoption was claimed for government by act xi of 1848 when, if such a right existed, we might fairly expect to find that it would have ..... should be given to the relations within the sagotra sapinda and to the raja, though no provision appears, in case of their disapprobation, even in adoption by widows.' those acts made sufficient provision for securing to government the 'services of competent officiators; so that no such objection, in that respect, as suggested by the appellant's pleader, can arise ..... to the vatan on the payment from that time forward in perpetuity of an annual nazrana of one anna in each rupee of the above total emoluments of the vatan.4. the third clause, it is urged, is a bar to an adoption by a single vatandar without both the request of the other vatandare and the consent of .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom122
..... , as follows:* * * * * * and whereas many doubts and difficulties have risen concerning the true intent and meaning of certain clauses and provisions in the said act and letters patent, and by reason thereof dissension hath arisen between the judges of the supreme court and the governor general and council of bengal, and the minds of ..... of public servants, naval, military, civil magisterial, judicial, or ravenue, and their dismissal or compulsory retirement was a matter which partook of the character of sovereign acts, which could not be brought within the cognizance of the municipal courts of the country, and that therefore no suit would he against government for the dismissal ..... ordered or done by them in their public capacity or acting as governor and council.18. this, it will be observed, exempts the governor or any of his council from the jurisdiction of the recorder's court which was in existence at that time.19. statute 4 geo. iv, c. 71, section 7, provides as follows:provided always .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom199
..... ignored, an immoveable machine might be approved. the line must manifestly be drawn before absurdity is reached. and the line has manifestly been drawn by the legislature at insurability for the purpose designated, as to the existence of which, in each particular case, the commissioner is the sole judge.5. the only question is, therefore, in ..... those requirements are satisfied, cannot prescribe variance in the mode of compliance.3. it has been urged in appeal that the requirements of section 6 of the act, (bombay act vi of 1863) extend only to the equipments of conveyances and that the words 'otherwise unfit' must be construed as relating only to defects ejusdem generis with ..... police, in refusing to grant license to the petitioner under section 6 of bombay act vi of 1863, exercised the discretion vested in him by that section. if he did so, then unquestionably the courts could not interfere: attorney general v. great western railway co. (1877) 4 ch. d. 735; reg. v. collins (1876) 2 q.b.d .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR589
..... investigation. the city magistrate then made a further enquiry and examined one sathe on solemn affirmation and after that examination of sathe on solemn affirmation the registered insured packets which formed the subject of the enquiry and which were addressed to sathe c/o laxmandas were opened. then it appeared that instead of containing currency ..... best fitted for the circumstances of the case.'6. in queen empress v. alagu kone ilr (1892) 16 mad. 421 it was held that ' a magistrate acting under criminal procedure code, section 164, has power to administer an oath and a charge of perjury can be framed with regard to the statements made before him on oath when ..... the delegation of the enquiry. as the matter was sent without jurisdiction to the chief constable the whole enquiry before him would seem to be null and void.'4. with regard to that we may point out that under section 155, clause 2, criminal procedure code, 'no police officer shall investigate a non-cognizable case without the .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR873
..... effect to its own sale, without contention on the ground of benami purchase, by placing the ostensible purchaser in possession of what it had sold, and of insuring respect to that possession by enacting that any suit brought against him on the ground of benami shall be dismissed'8. it does not appear necessary to hold ..... the observations of the privy council in mussumat buhuns kowar v. lalla buhooree lall (1872) 14 m.i.a. 496 that section 260 (of the civil procedure code, act viii of 1859). which corresponds to section 317 of the present code, should be construed strictly and literally and the ratio decidendi adopted in these cases in deciding ..... was clear that the object of the agreement was to avoid the provisions of section 294, civil procedure code, and on these grounds confirmed the decree of the first court.4. the ground upon which the decree was confirmed in the lower appellate court cannot be sustained, because section 294, civil procedure code, as it appears in the present code, .....
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