Court : Mumbai
Reported in : AIR1934Bom476; (1934)36BOMLR1005
..... 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 the courts of budapest having jurisdiction in such matters.it was held that the abovementioned condition ..... is no doubt that these terms are used in a very wide sense. what is contemplated is that there should be a submission within the meaning of section 4 of the act, and a final decision under that submission arrived at by the domestic tribunal in the manner agreed upon between the parties. so long as the tribunal is ..... -underwriters in the high court of bombay. the defendants took out a chamber summons under the indian arbitration act for an order staying the proceedings in the suit. it was held that the above clause in the policy of insurance amounted to a submission to arbitration, and that therefore the suit should be stayed pending the result of .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR401
..... reference made by the commissioner of income-tax, lahore, under section 66(2) of the indian income-tax act, 1922, on the question whether the appellant, the bharat insurance company, was liable to be assessed under that act to income-tax in respect of the profits allotted to participating policy-holders who were entitled under their contract to ..... the 'net liability under life assurance and annuity transactions (as per summary statement provided in fourth schedule).' in the present case, as already stated, the rs. 4,68,394 allotted to participating policy-holders was taken from the surplus or net profits shown in the valuation balance sheet, but, if they had been deducted before ..... under section 30, and raised the contention, which is the subject of the present appeal, that in working out its average annual income the sum of rs. 4,68,394 paid (this sum was not actually distributed amongst the policy-holders, but represented (as was stated before the high court at the hearing of the reference .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom233; (1934)37BOMLR778
..... . babu : air1930bom135 , jagadbandhu saha v. radha krishna pal i.l.r(1909) cal. 920, mirza v. jhanda ram (1930) i.l.r. 12 lah. 367, surajmull nagoremull v. triton insurance co. , gobinda chandra pal v. dwarka nath pal i.l.r (1908) cal. 837, and mareppa v. gundo annaji i.l.r(1918) . 43 bom. 1 : 20 bom. l ..... learned district judge in first appeal took the opposite view and directed that execution should proceed. this is the order appealed against. the relevant provisions of the dekkhan agriculturists' relief act are, that an agriculturist must be sued in the court in the original jurisdiction of which he resides ; and that ' no agriculturist shall be arrested or imprisoned, in ..... . whether he pleaded that status or not in the suit is not clear. had he done so and established the contention, the ahmednagar court would have had no jurisdiction.4. the compromise contained a term that he was not to plead it, either in that suit or in any subsequent execution proceeding. he had in fact done so under .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom396; (1935)37BOMLR494; 159Ind.Cas.144
..... fund, is not, until the happening of some specified contingency, repayable on demand otherwise than for the purpose of the payment of promia in respect of a policy of life insurance, or the payment of subscriptions or premia in respect of a family pension fund, and includes any contribution and any interest or increment which has accrued under the rules of ..... court.23. in gauri shankar v. r. j. de-cruze i.l.r(1925) luck. 313 it was held that a 'compulsory deposit,' as defined by section 2 (4) of the provident funds act (ix of 1897), is only a deposit 90 long as it remains in the fund, and not after it has been, paid over to the person to whose ..... is contended before us that this sum was not attachable under section 60 (1), clause (k), of the civil procedure code, as also by reason of the provisions of the provident funds act.12. clause (k) of section 60 (1) of the civil procedure code is in the following terms ;-(k) all compulsory deposits and other sums in or derived from any fund to which .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom114
..... such companies are unactuarial and therefore unscientific, unsound and unworkable is a matter of opinion which may be right or wrong. the provident insurance societies act does recognise divided insurance business, that is insurance business on the dividing principle, but the opinion that it is unactuarial and unscientific is supported by expert actuaries, including the government actuary, ..... nor to refer to the plaintiff company. they have chosen not to do so.22. the next two passages in the report set out in paras. 4 (c) and 4 (d) of the plaint can be considered together. the words complained of are to the effect that companies working on dividing principle are unactuarial, and ..... the public or entering into contracts which are absolutely insecure: williams v. beaumont (1833) 10 bing 260. in metropolitan saloon omnibus co. v. hawkins (1859) 4 h n 87 pollock, c.b., suggested that the right of action of a corporation to sue for libel was limited to a publication which affected its property .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom353; (1935)37BOMLR461; 158Ind.Cas.554
..... to the provisions of that chapter (chapter iii), he may do all acts which are reasonable and proper for the realisation, protection or benefit of the property. it is, in my opinion, cleaf that goverdhandas had authority to insure the minor's property against fire, and having insured that property, it is, i think, also clear that the minor, ..... and puranmal on behalf of the insurance company. that being so, the contract sued upon is not a contract which was made by a minor, although it was made on behalf of a minor. under section 4(2) of the guardians and wards act, i think that goverdhandas was a guardian within the meaning of that act, because 'guardian' is defined ..... trimbaksha, that is to say, it was the person acting as guardian for the minor who entered into the contract through the agent trimbaksha. it is also, i think, quite clear from the evidence of puranmal, who was, at the time of the contract, the agent of the insurance company and who gave evidence on behalf of the plaintiff .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR833
..... immovable property, was not secured by a mortgage ; and her claim amounted to an ' actionable claim ' as defined by section 3 of the transfer of property act, iv of 1882. that claim was undoubtedly transferred by her to the respondent by a registered deed of gift, which complied with the requirements of section 130 of the statute ..... of gift was entered, not in book 1 which, as prescribed by section 51 of the indian registration act, xvi of 1908, is a register of non-testamentary documents relating to immovable property, but in book 4 which is a miscellaneous register for entering documents which do not relate to immovable property, its registration is ..... of registration and non-registration'. now, considering that the registration of all conveyances of immovable property of the value of rs. 100 or upwards is by the act rendered compulsory, and that proper legal advice is not generally accessible to persons taking conveyances of land of small value, it is scarcely reasonable to suppose that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom356; (1936)38BOMLR283
..... order from the manufacturing company such number of cars as they require, and the appellants are charged free on board the canadian port. the manufacturers pay the freight and insurance in the first instance, but debit those charges against the appellants. the important matter to consider is what the dealings are between the plaintiffs and their customers in india ..... a wholesale cash price, less trade discount, at the time and place of importation within the meaning of section 30, sub-section (a), of the indian sea customs act.11. mr. coltman first contended that the sale between the plaintiffs and their retailers took place at the time when the orders were, according to the evidence of mr. ..... would have to take the price ruling on the day of importation in considering the price at which goods of a like kind and quality were capable of being sold.4. now, the facts of the present case, so far as relevant, are these. the plaintiffs are importers into india of ford motor cars. they acquire them .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR364
..... the court by the commissioner of income-tax, bombay presidency, on his own motion, under section 66 (1) of the indian income-tax act (xi of 1922).2. the appellants are a mutual life insurance company, whose head office is in melbourne, australia. they have branches all over the world, and in india they have two branches, one ..... is divided amongst the members, who are the persons who take out participating policies. the company also does business in annuities, loans on the security of policies, etc.4. under article 85 of the articles of association a triennial actuarial valuation is made by the actuary of the company for all its business, and the surplus profit ..... prescribed form, and that, accordingly they had failed to make a return, with the result that the assessment was made by the income-tax officer under sub-section (4) of section 23, and the appeal to the assistant commissioner was incompetent. accordingly, as the matter was of importance, he made the reference on his own motion under .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR739
..... to pay, it is not a promissory note. this view of the meaning of a promissory note appears to coincide with the grounds of decision in mortgage insurance corporation v. commissioners of inland revenue (1888) 21 q.b.d. 352 where the english court of appeal found themselves bound to give a restricted meaning ..... promissory notes ' as defined by section 2(22) and by that sub-section 'promissory note' means a promissory note as denned by the negotiable instruments act, 1881.7. by the latter act section 4 a ' promissory note ' is an instrument in writing (not being a banknote or a currency note) containing an unconditional undertaking, signed by the maker, ..... defendants, holding that the document was a promissory note, was improperly stamped, and therefore was inadmissible in evidence for any purpose under section 35 of the indian stamp act. their lordships will discuss this decision later. leave, however, was given to the plaintiff to amend : and on january 2, 1931, the plaintiff presented an .....
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