Court : Mumbai
Reported in : (1948)50BOMLR260
..... the document had been made in the pleadings in the case itself and the case thus clearly fell within the scope of section 70 of the evidence act. even so, the learned judges proceeded to observe that they were not prepared to hold that section 70 is limited to an admission made in the course of a suit; but ..... by him and the signatures of the identifying witnesses should be regarded as proving attestation. he argues that when the document was presented before the sub-registrar on an inquiry from him the executant admitted that the document had been duly executed by him, and he contends that when the identifying witnesses identified the executant before the sub- ..... the presence of the executants of the document, though in most cases he might make his signature in their presence; and having regard to the nature of the inquiry which the sub-registrar is required to hold before he admits any document to execution, it is not unlikely that in regard to the signatures of the identifying witnesses .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR393
..... of the institution of proceedings to obtain redress for a criminal wrong, however vexatiously litigious the applicant for that redress may have been, unless he first instituted an inquiry into the merits of his claim by civil proceedings in the high court in london to get leave to institute the criminal proceedings-and this follows from the contentions ..... in re, [1915] 1 k.b. 21 in which case lord justice kennedy said (p. 33) :is it reasonable to suppose that the legislature, when by this act [i.e. vexatious actions act, 1896,] it gave the high court power by order to prevent a person who had habitually and persistently instituted civil proceedings in the high court or any inferior ..... to give the criminal wrong-doer in charge, or to apply to a magistrate for a summons, without first going to a judge in chambers in london, or to a divisional court, and satisfying the judge or the court that his proceeding is not an abuse of the process of the court. but for the divergence of opinion in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom413; (1947)49BOMLR454
..... an appeal in writing to the collector.(2) the collector shall then call for the record of the controller and after examining the record and after making such further inquiry as he thinks fit, either personally or through the controller, shall decide the appeal.(3) the decision of the collector, and subject only to such decision, the ..... urged at the bar, but as the points were of some importance and as they were argued at some length and as they formed the basis of the learned judge's judgment, they dealt with those points also. the determination of the appeal court on these points was, therefore, clearly obiter. the appeal court, however, after ..... as they are styled (p. 1089) :.whenever any body of persons having legal authority to determine questions affecting the rights of subjects and having a duty to act judicially act in excess of their legal authority, they are subject to the controlling jurisdiction of the king's bench division exercised in these writs. this jurisdiction to issue .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All46
..... by himself or by any of the magistrates subordinate to him to make, and the district magistrate may himself make or direct any subordinate magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub-section (3) of section 204, or into the case of any person accused of an offence ..... as the order against which it was directed was passed by the learned district magistrate while exercising his powers in revision under sections 435 and 436. the learned sessions judge has referred to the explanation to sub-section (1) of section 435, criminal p.c. which runs as follows:all magistrates, whether exercising original or appellate jurisdiction ..... bhagwan din who had made a complaint against the applicants charging them with an offence under sections 504, 506, 426, penal code, and section 24, cattle trespass act.2. the complaint was filed on 15-9-1945. the allegations in the complaint were that on a certain date when the complainant proceeded to one of his .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All17
..... a ration in excess of that to which he was entitled in law and had committed an offence. this matter was discovered by an inquiry inspector of the supply department who made a report to the senior inspector in the same department named mr. s.m. hasnain. this ..... p m. on the night of 14-8-1945, instead of 15-8-1945. it is obviously unreasonable to suggest that the very act which would have clearly amounted to an offence if it had been committed on 14-8-1945, was rendered innocuous not by anything ..... .r. 1927 mad. 756. in the former case shamsul haq a taxi driver had been prosecuted for some offence under the motor car act by a police sergeant and the case against him was dismissed by the trying magistrate on a certain date. five days after that he ..... rs. 50 which has been maintained by the learned sessions judge in appeal.2. the facts of the case are quite simple. the applicant, ram sewak, is a resident of cawnpore and he filled in an inquiry form and obtained a ration card on the basis of that .....
Tag this Judgment!Court : Allahabad
Reported in : [1947]15ITR61(All)
..... court in india. it is clear that by section 33 a discretion has been given to the commissioner to call for the record of any proceeding under the act and to make such inquiry as he considers fit. the legislature has used the word 'may' both in sub-section (1) and sub-section (2) of that section. it is manifest that ..... the assessee in a worse position than he alsready is without giving him an opportunity of being heard.'i am in respectful agreement with the view taken by the learned judges who decided that case as ti the proper construction of section 33.the question then arises whether the expression 'prejudicial' in section 66 (2) has been used in the ..... the same sense in both the sections 33 and 66. but in the later full bench case of voora sreeramulu chetty v. commissioner of income-tax, madras, the learned judges proceeded upon the analogy of the decree of an appellate court confirming a decree of the court of first instance and, as has been stated above, overruled the earlier decision .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom276; (1947)49BOMLR92
..... revocation of the plaintiffs' license or that the plaintiffs had made wilful and unreasonably prolonged default in doing what was required of them by or under the indian electricity act, the learned judge held that the court had no jurisdiction to inquire into the grounds and that was the end of that matter. what was seriously contested and what was contested at ..... the common; church v. the inclosure commissioners. (1862) 11 c.b. (n.s.) 664 so it has gone against the light railway commissioners to restrain them from proceeding with an inquiry remitted to them by the board of trade after an appeal which it was held did not lie : rex v. board of trade. [1915] 3 k.b. 536'28. it ..... or that no reasonable opportunity was given to the plaintiffs to place the real facts before the defendant and the defendant says that it made proper inquiries as were necessary in the circumstances, and after hearing the plaintiffs as to what they had to say in the matter the defendant formed an opinion and came to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom217; (1946)48BOMLR828
..... , interest and costs due to the plaintiff, as subrogated to the bank's rights, from the footing of the amount found due in answer to the abovementioned inquiry, with all other consequential directions for redemption.69. with regard to costs, we have heard arguments with regard to them and having taken all the circumstances into ..... part dated july 10, 1940, gave effect to such an arrangement. by his judgment delivered on november 1, 1943, speaking of the alleged tripartite agreement the learned trial judge said :-having seen all these four witnesses in the witness-box (viz. mr. mehta, mr. deshpande, mr. paranjpe and mr. gorwane) i am not prepared to ..... between the two; while one protects the innocent purchaser, the other does not do so. in the absence of any provision in section 176 of the indian contract act in favour of the innocent purchaser, to import such protection from the provisions of another statute is, again, with respect, wholly fallacious and unjustifiable.82. in johnson .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom396; (1947)49BOMLR298
..... the gift-deed was attested by only one witness, it had not complied with the provisions of section 123 of the transfer of property act and the same could not be enforced.6. the learned trial judge raised several issues two of which need be noticed in this place. the first issue was 'does defendant no. 1 prove that the ..... time when it is to be presented to the sub-registrar certain formalities have got to be observed. this refers to an inquiry before registration by a registering officer which is indicated in section 34 of the indian registration act, 1908. according to section 34(3)(b) the registering officer shall satisfy himself as to the identity of the persons ..... refers to the thumb marks on exhibit 39 he really refers to thumb marks of the executants when they admitted the execution before the sub-registrar. besides, the learned appellate judge was not impressed with the evidence of hari dadaji desai. this is what he says (p. 2) :now, it does not appear clearly from the evidence of this .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR309
..... in his opinion there is no absolute and unqualified obligation on a bank to make inquiries about a proposed customer.' thereafter the learned judge agrees that modern practice require that a customer should be properly introduced or, in other words, that the bank should act on the reference of some one whom it could trust. therefore perhaps in most ..... the manner in which the account is opened, the fact that the bank made no inquiries about the customer would not disentitle the bank to the protection given to it by section 131 of the negotiable instruments act.that is a statement of the learned judge on which the defendants rely. i entirely accept the observations of the learned ..... judge on the point, but the learned judge does indicate in his judgment that this per se may not be a fact .....
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