Court : Mumbai
Reported in : AIR1932Bom582; (1932)34BOMLR1295
..... pandit the agent of the company acted as the agent of the insured in filling up some of the answers in the proposal form.5. it appears that when maganlal was examined by dr. c.m. chanpura, he was ..... in the proposal form was merely the amanuensis of the proposer, that the knowledge of the true facts by the agent could not be imputed to the insurance company, and therefore the insurance company was entitled to repudiate liability on the ground of the untrue statements in the proposal form. it appears from the evidence in the case that mr. ..... connection to halsbury's laws of england, vol. xvii, para. 1061, page 533.4. in newsholme bros. v. rood transport and general insurance co. (1929) 2 k.b. 366 a proposal form for the insurance of a motor bus was signed by the person wishing to effect the insurance, but the answers to the questions therein, which were warranted to be true and .....
Tag this Judgment!Court : Mumbai
Reported in : 140Ind.Cas.575
..... the agent of the company acted as the agent of the insured in filling up some of the answers in the proposal form.5. it appears that when maganlal was examined by dr. c.m. chanpura, he was questioned ..... filing in the proposal form was merely the amanuensis of the proposer, that the knowledge of the true facts by the agent could not be imputed to the insurance company, and, therefore, the insurance company was entitled to repudiate liability on the ground of the untrue statements in the proposal form; it appears from the evidence in the case that mr. pandit ..... which their agent was responsible was not raised. i may, however, refer in his connection to halsbury's laws of england, vol. xvii, para. 1061, page 533.4. in newsholme bros. v. road transport & general insurance co. (1929) 2 k.b. 356 : 98 l.j.k.b. 751 : 141 l.t. 570 : 34 com. cas. 330 : 73 s.j. 465 : 45 t .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1057
..... . the appellants themselves discharge all the functions of retailers of their oils as so sold. they maintain warehouses, offices and staffs, employ salesmen to canvass consumers, advertise, insure their stock, and bear the risk of bad debts. the selling price to consumers is about seventy per cent, above entry price, the selling price being swollen by ..... as he thought, do the words 'cash price' cover the appellants' sales which are credit sales.16. the high court, on appeal, took a different view of the act. the learned chief justice of bombay, who gave the leading judgment, discussing the words of the section separately, held that the preferable meaning to be attached to the term ..... appeal by the same high court, which then dismissed the action. by their present appeal, the appellants seek to have the decree and judgment of blackwell j. restored,4. now, as a first step to the solution of the question so at issue, it would be natural to ascertain what, as matter of construction, the statutory .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom46; (1932)34BOMLR1252; 140Ind.Cas.610
..... the contract the amount of the price thereof will be debited to your account and you will be charged interest thereon at nine per cent, and godown rent and insurance (charges) eta, of which please take note.a delivery order addressed to respondent no. 2's godown-keeper asking him to give delivery of the remaining goods appertaining ..... by the respondents in the first instance to the contract and the appellants were invited to take delivery of those goods. thereafter the goods remained with the mills acting on behalf of the appellants as their bailees. the respondents have not satisfactorily proved that they actually set apart these goods in their mills. the onus to prove ..... ground. from exhibit d it appears that on january 25, 1930, the appellants took delivery of one bale of satin gangaghat on which the date of packing was january 4, 1928. again, on january 28, 1930, the appellants took delivery of a bale which was packed on january 9, 1928. the appellants' attention must have been called .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom59; (1932)34BOMLR1666
..... .1.this is an application by the petitioner for revision of the order passed by the presidency magistrate, third court, under sections 113(2), (3) and (4) of the indian railways act, ix of 1890, directing him to pay rs. 48-11-0 to the g. i. p. railway, and further directing that the amount, if not ..... (1928) ran. 61912. it is true that the point now taken was neither raised nor considered in those cases. the question, therefore, arises whether the magistrate acting under section 113 exercises a judicial function or an executive function, and whether the magistrate is an inferior criminal court within the meaning of section 435 of the criminal procedure code ..... present his pass or ticket to the railway servant for examination. section 113 provides for the consequences of the breach of this statutory obligation, chapter ix of the act, which contains section 113, deals with penalties and offences. sections 87 to 98 deal with penalties, sections 99 to 105 deal with offences by railway servants, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom465; (1933)35BOMLR1007; 147Ind.Cas.354
..... on october 9, 1926, the sum of rs. 1,537-8-0 from the second plaintiff company with which the car had been insured, and deducting rs. 500 in respect of the remaining four hundis, the otto supply company paid the balance to the first plaintiff on ..... to maintain an action against a third party who does not claim under the bailor according to section 180 of the indian contract act. as a bailee she is not the agent of the bailor, and she can sue and claim the full damages for loss due ..... purchased accessories to ply the car for hire in bombay, and under the circumstances, as was pointed out in croft v. alison (1821) 4 b. & ald. 590 she could be properly described in the plaint as the owner of the car. as bailee she was in possession. ..... possession has also the property. i, therefore, hold that the first plaintiff could maintain this suit as 'the owner' of the car.4. i will now deal with the important question in the suit, viz., whether the fall of the ornamental structure on the terrace of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom427; (1933)35BOMLR896; 147Ind.Cas.370
..... held in cornish mutual assurance co. v. inland revenue commissioners [1926] a.c. 281 that a company carrying on mutual insurance business was carrying on business within the meaning of section 52 of the finance act of 1920.22. in the course of the discussion it was suggested that before section 42 can apply it is necessary that ..... for two reasons, (1) that the company had failed to put in a return in the prescribed form as required by section 22 of the act, and therefore under section 23(4) the income-tax officer was entitled to assess the company to the best of his judgment; and (2) that the company had failed to supply ..... burma v. messrs. steel brothers & co., ltd., that the meaning of 'business connection' should be restricted by the definition of 'business' contained in the indian income-tax act, section 2(4), which runs : ''business' includes any trade, commerce, or manufacture or any adventure or concern in the nature of trade, commerce or manufacture.' that is not an exhaustive .....
Tag this Judgment!Court : Mumbai
Reported in : [1933]1ITR350(Bom)
..... category of 'business'. it was held in cornish mutual assurance co. v. inland revenue commissioners that a company carrying on mutual insurance business was carrying on business within the meaning of s. 52, finance act, 1920.in the course of the discussion it was suggested that before s. 42 can apply it is necessary that a notice ..... resident, income which neither accrues, nor arises nor is received, within british india, may be liable to tax under the combined operation of ss. 3, 4 and 42, income-tax act; that is to say, a non-resident may be liable to tax in respect of sources of income, which would not be liable to tax in ..... , burma v. messrs. steel brothers & co. ltd., that the meaning of 'business connection' should be restricted by the definition of 'business' contained in the income-tax act. section 2 (4), which runs : 'business' includes any trade, commerce, or manufacture or any adventure or concern in the nature of trade, commerce or manufacture.' that is not an exhaustive .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom296; (1934)36BOMLR608; 152Ind.Cas.168
..... the merits, the learned advocate for the appellant relies on section 6 of the married women's property act, iii of 1874. that section says:a policy of insurance effected by any married man on his own life, and expressed on the face of it to be ..... her own property. the objection was considered by the subordinate judge, who found that the insurance money was part of the estate of the deceased hormasji, and, therefore, ordered execution to proceed. the widow appealed, but in appeal ..... and also against some other heirs of the deceased hormasji, and in execution of that decree, the judgment-creditor sought to attach an insurance policy on the life of hormasji. the widow contended that that policy did not form part of her husband's estate but was ..... be subject to the control of the husband, or to his creditors, or form part of his estate.4. it is to be noted that in the first court the pleader representing the widow expressly said that he did not take shelter .....
Tag this Judgment!Court : Mumbai
Reported in : 155Ind.Cas.801
..... such foreign court. in haji abdulla v. stamp 80 ind. cas. 523; a.i.r 1924 bom. 381 : 26 bom. l.r. 224 a policy of marine insurance provided:.all disputes must be referred to england for settlement, and no legal proceedings shall be taken to enforce any claim except in england, where the underwriters are alone domiciled ..... be payable at budapest, and contained a condition, of which the english translation was as follows:for all disputes which may arise out of the contract of insurance, all the parties interested expressly agree to submit to the jurisdiction of courts of budapest having jurisdiction in such matters.11. it was held that the above- ..... not.'now there is no doubt that the parties may instead of resorting to ordinary courts of law, have a domestic forum: see section 18, contract act.therefore if under section 4, arbitration act, the letter constitutes a submission, and if according to the terms of that submission the award is made, it cannot be contended that, the submission and .....
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