Court : Mumbai
Reported in : (1910)12BOMLR169
..... ' meaning, though it is possible that this was also treated as part of the proof supporting the conclusion that the alleged gift was fictitious and never intended to be acted upon. speaking generally a restrictive clause in such deeds of gift is sometimes treated as inconsistent with the legal validity of the gift as a whole, and sometimes the ..... the law regards as valuable; delivery of possession was therefore not necessary. the rest of the judgment deals with the application of section 53 of the transfer of property act. though their lordships do not say so, and seemingly were not reminded of the gift for consideration recognised by the mahomedan law, they appear to have held that was ..... and effective way, or certainly may be, of evading the law of succession. and when courts find that in fact so called gifts of this kind have not been acted upon till the death of the donor, they would, i apprehend, incline very strongly to hold that the gift was merely a cloke, and that, if effect were .....
Tag this Judgment!Court : Mumbai
Reported in : (1915)17BOMLR527
..... a young widow, taj maharaj.6. at the date of his death he made a will appointing five gentlemen as his trustees. one of these, ranh sahib, declined to act; the other four obtained probate of the will on 2nd december 1897. these were messrs. tilak, khaparde and kumbhojkar, the appellants. the fourth, mr. nagpurkar, while remaining ..... is our unanimous opinion that one should not be taken from any other family. and shri tai maharaj is of the same opinion.shri tai maharaj suggests that messrs. bal gangadhar tilak and ganesh shrikrishna khaparde should both go to babre, select boys, and return after settling as regards that family.shri tai maharaj should go, see boys ..... , that on the 27th there was selection and verbal gift, and acceptance, and preparation of necessary documents. on the 28th there was execution of documents under corporea acts of giving and taking.20. in their lordships' view these conclusions are well justified.21. it is an admitted fact in the case that neither the trustees nor .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR990
..... with the result that it was good so far as regards the children who were of age and wholly void under the indian contract act (section 11) as regards the four who were minors.14. upon a question whether an oral statement amounted to a will the greatest ..... discarded. the approach of death made it necessary for mir fida husain to do something and yet impossible to complete anything by his own act. in this dilemma what did he do?12. their lordships cannot agree with the chief court that what he is proved to have ..... impose a legal obligation so to do.11. mir fida husain was a practising lawyer of rae barelli and had studied the wakf validating act (vi of 1913). the evidence is that he had intended to make a wakf-alal-aulad himself and there is some evidence that ..... benefit students of the asna ashari sect.8. a wakf-alal-aulad having thus been made of mir fida husain's property, it was acted on for two years, more or less; but on october 21, 1924, five of the sons sued the widow' and the sixth brother .....
Tag this Judgment!Court : Mumbai
Reported in : 1954CriLJ366
..... a judicial nature, on the result of which the government, under section 22, is required to pass orders one way or the other.under this act, the government acts virtually as an appellate court with power to affirm, reverse or modify the recommendations of the special commissioners. so far as the enquiry itself is concerned ..... which is likely to prejudice mankind against them, then, irrespective of whether the matter is indictable, we would expect the press and the public men to act with the greatest caution before publishing any such inflammatory statement or narration. in this context we appreciate the apologies, in some cases wholly unconditional, which have ..... to the instant case. the commission in question was obviously appointed by the state government 'for the information of its own mind', in order that it should not act, in exercise of its executive power, 'otherwise than in accordance with the dictates of justice and equity' in ordering a departmental enquiry against its officers, it .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom365; (1973)75BOMLR257; ILR1973Bom1163; 1973MhLJ766
..... tribunal and the additional mamlatdar, yawal, held that because the landlady had applied under s. 31 read with s. 29 of the bombay tenancy and agricultural lands act, 1948, for recovering possession of the land for bona fide personal cultivation and obtained possession after fighting the litigation up to the revenue tribunal of the half portion on ..... paid the rent. after remand possession was again ordered by the tenancy awal karkun. the deputy collector set aside that order. the revenue tribunal confirmed that order, bal j. refused to interfere with the order of the tribunal and while doing so made an observation that even though s. 31c prevented the widow from making an ..... 29 read with section 14 was not maintainable. the tribunal upheld this contention. the said decision of the tribunal was challenged in the above special civil application and bal j. held that section 32-f was attracted as the petitioner was a widow and hence the tenant could not become the purchaser and section 31-c was .....
Tag this Judgment!Court : Mumbai
Reported in : (1978)80BOMLR593
..... panth maths were private properties of shishyas.30. neither the lower court nor the learned advocates and parties were conscious of the possible application of the bombay public trust act, 1950, to the mahanubhava panth maths and properties as prima facie the definition of 'public trust' would include such math under section 2(13) as the suit ..... the caste system and follow the rituals of their own caste and carry on social contacts with their caste people and marry among them. similar views are expressed by bal krishna mahanubhava shastri. but we are not really concerned with their theology. what we have to determine are the social and political consequences of such conversions and that, ..... itself was misconceived ignoring the rules of hindu law and the provisions of the bombay public trust act, 1950, the plaintiff's suit is liable to be dismissed on the ground that she did mot set up the usage supporting her right in respect of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR423; (1981)IILLJ393Bom
..... by lawful means. obviously it should not be accompanied by illegal means such as violence, etc. section 18 does not afford exemption to the trade union from the acts of violence (see jay engineering works ltd. v. state of west bengal : air1968cal407 . railway board, new delhi v. niranjan singh, : (1969)iillj743sc , ..... various bodies or associations of cine artists, technicians and workers affiliated to the first defendants be restrained from in any manner whatsoever directly or indirectly :(i) acting upon, enforcing, implementing or taking or continuing any step, action or proceeding for enforcement or implementation of the directions contained in the first defendants' letter ..... pvt. ltd. which is a private limited company, filed a suit against the defendants mainly for an injunction restraining defendants, their agents and members from acting upon the directions issued by the defendants, no. 1 the federation and incorporated in the letter dated may 3, 1980. according to the plaintiffs the .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR427
..... not fully and completely disclosing documents in the possession and control of the appellants.103. since 1962 cement has been an essential commodity under the essential commodities act, 1955, and in the state of maharashtra the sale and distribution of cement were controlled and regulated by the maharashtra cement (licencing and control) order, ..... to the processing, clearly substantiates the claim of the petitioners that these allocations were made principally and to a very large extent by the 2nd respondent acting sometimes directly, but sometimes through the o.s.d., sometimes through the minister of state, sometimes through the high powered committee and sometimes through the ..... for the original petitioners did not want to make any such application and it was for the appellants to produce the record if they so desired. acting by ourselves (i.e. without any application on behalf of the original petitioners) we had directed the state government to produce the inward register regarding .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom144
..... .33. petitioner further contended that the owner of the building is admittedlyresiding for many years in pakistan and that under the provisionof the foreign exchange regulation act, 1963 no foreigner can hold property without the permission of the reserve bank of india. the power - of -attorny in favour of respondent is therefore ..... 25. petitioners submitted also that not withstanding the merits of their eithercontentions in respect of the retrospective operation of the amendment of section 22 of the act and its consequences, the eviction orders are vitiated, even in the light of the aforesaid provision of law as it stood before the amendment. in ..... rule that substantive rights should not be held ot be taken away except by express provision or clear implication, by express provision or clear implication, many acts, though prospective in form, have been given retrospective operation , if the intention of the legislature is apparent. these observation of were made while constraining the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1985)13ITD219(Mum.)
..... .) where the tribunal held that the conversion of flat yarn into twisted yarn would amount to manufacture of a new article within the meaning of section 32 a of the act, in support of the contention that the assessee's business activity of converting the milk purchased from various sources into the brand product 'doodh amrut' amounted to manufacture or production ..... 1. this is an appeal filed by the assessee against the order of the commissioner, bombay, under section 263 of the income-tax act, 1961 ('the act').2. the assessee is a registered firm and the appeal relates to the assessment year 1978-79. we were given to understand at the time of hearing of the appeal .....
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