Court : Mumbai
Reported in : 1994(1)BomCR371; [1997]90CompCas518(Bom)
..... ) are a partnership firm registered under the provisions of the indian partnership act, 1932, and carry on the business of dealing in the manufacture of various types of edible oils and are also engaged in the business of importing and exporting diverse goods into and from india. ..... the reason underlying the rule is that the advising bank is a special agent of the issuing bank and the latter is a special agent of the buyer; if such agent, who hada limited authority, acts outside his authority, the principal is entitled to disown the act of the agent, who cannot recover from him and has to bear the commercial risk of the transaction.the rule was referred to in bank melli iran v. ..... the learned trial judge accepted the contention of the plaintiffs on this count and we are afraid, we cannot share the view that the suit was not one to enforce a right arising from the contract.shri kapadia then submitted that the bar under sub-section (2) of section 69 of the partnership act is not attracted because the sub-section demands that (a) the firm should be registered and (b) the person suing should be shown in the register of firms as partner. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom165
..... the learned district judge held that the 2nd defendant was a partner of the firm and that the order passed by the trial court striking off the name of, the 2nd defendant was erroneous.the learned judge accordingly rectified the decree passed by the trial court and restored the name of the 2nd defendant on the record and directed that the case be sent back to the trial court for deciding other questions on the footing that the 2nd defendant was a partner. ..... is far from saying that the names of the parties to the contract are not at all to be regarded as terms of the contract.in the judgment in 'venkatasubbiah's case (a)', at page 46, there is a quotation from roscoe's nisi prius evidence which is to the following effect:'in an action on a written contract between, plaintiff and b, oral evidence is admissible, on behalf of the plaintiff, to show that the contract was in fact though not in form, made by b, as agent of the defendant; for the evidence tends not to discharge b, but to charge the dormant principal; -- 'wilson v. ..... jahagirdar contended that the question whether the 2nd defendant is or is not a partner of the firm is not a term of the contract of partnership and therefore evidence is admissible notwithstanding the provisions of sections 91 and 92, evidence act, to show that it was the 1st defendant who intended to join the firm as partner and not the 2nd defendant.further, mr. ..... jahagirdar upon a judgment of the madras high court reported in --'venkatasubbiah chetty v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(5)BomCR30; (2005)ILLJ302Bom; 2004(4)MhLj223
..... the said writ petition was also directed against the initial order passed by the labour court on 25th april 1991 in respect of the recovery of dues payable as also the order dismissing the application for setting aside the ex-parte order of the labour court passed under section 33c(2) of the act. ..... the firm and its partners refused to comply with the award and, therefore, the workmen filed an application under section 33c(2) of the industrial disputes act, 1947 (hereinafter referred to as 'the act') for recovery of the dues payable under the award ..... this application came to be dismissed on 20th february 1993 and a review was filed by the firm and its review that the labour court acting under section 33c(2) had no power of review its own order. ..... he further submits that there is no power either express or implied in the act or the rules framed thereunder permitting the labour court to exercise powers of review. ..... the labour court has been empowered under the industrial disputes act to adjudicate references relating to matters falling within the second schedule of the act. ..... is no provision in the industrial disputes act or the rules framed thereunder, conferring such a power specifically or by necessary implication on the labour court. ..... he, therefore, submits that the order reviewing the application filed under section 33c(2) of the act requires to be quashed ..... the partners then filed an application for setting aside the ex-parte order passed by the labour court under section 33c(2) of the act .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)BomCR94; (2008)110BOMLR328; 2008(3)MhLj214
..... it is urged by the learned counsel appearing for the petitioner that the aforesaid award is liable to be quashed and set aside in exercise of power under section 34 of the arbitration and conciliation act, 1996 (for short .act. ..... the power of the court to set aside an award is restricted to the grounds set out in section 34 of the act.9. ..... the courts while exercising powers under section 34 of the act are expected to be very circumspect in respect of the award delivered by the arbitrators. ..... it would however be necessary to refer to the provisions of section 34 of the arbitration and conciliation act, which reads thus 34. ..... the learned district judge has, therefore, unnecessarily raised a doubt that to come out of the clutches of the contract labour act, only 19 labours were shown to be engaged and this is a suspicious circumstance. ..... it is now well settled that reappraisal of evidence by the court under section 34 of the act is not permissible. ..... in the instant case, it was not disputed by other party that the case does not fall under clause (2)(a) but it falls only under clause (b)(ii) of clause 2 of section 34 of the arbitration act. ..... the respondent preferred an application under section 34 of the arbitration and conciliation act, 1996 before the learned district judge. ..... section 34 of the arbitration and conciliation act gives out the ground upon which an arbitrators award can be set aside. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ARBLR510(Bom); 2006(5)BomCR155
..... in that case one of the questions that was considered by the supreme court was whether in a case where foreign award is made after the date of commencement of 1996's act but where the arbitration proceedings commenced before the commencement of the act for enforcement of the foreign award would the provisions of the act be applicable that question was considered by the supreme court in the light of various provisions of the act specially in the light of the provisions of section 85 of the act. ..... if that party furnishes to the court proof that- (a) the parties to the agreement referred the parties to the agreement referred the parties to the agreement referred to in section 44 were under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or (b) the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was ..... cooverbai widow of nagsehy champsey air 1932 bom 516 and ramnath goenka v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom1; (1953)55BOMLR670; ILR1953Bom1081
..... parties for a previous year with respect to a portion of the area of the same holding it was held that the planting of a coconut garden was not an improvement and that the landlord was entitled to the enhanced rate.the full bench of the madras high court point-ed out that the principle that a decision of law though erroneous is 'res judicata' in a later suit between the same parties should be confined only to the matters which existed at the time of the prior suit, unless some question of general principle ..... executed in 1920 an additional maintenance grant up to the value of the decreed sum.on a claim by the respondent, a son of the appellant's brothers, who subsequently became owner of the impartible estate, for a declaration that the two maintenance grants of 1909 and 1920 were illegal and not binding on him and for possession and mesne profits, it was held by their lordships of the privy council that the question of the validity of the 1909 grant in view of section 12a of the act of 1876 having been directly and substantially ..... . the decision in -- 'air 1932 bom 257 (e)' is to the same effect as the decision in -- 'air 1931 born 570 (d)', namely, that a decision on an issue of law operates as 'res judicata' if the cause of action in the subsequent suit is the same as in the first suit ..... . there having been a change in the law in 1932, defendant 2 again adopted the plaintiff in 1935 ..... holebassappa air 1932 bom 257 (e) and -- 'mahadevappa somappa v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1999Bom266; 1999(3)ALLMR442; 1999(2)BomCR597; [2001]103CompCas584(Bom); 1999(3)MhLj810
..... 46 of the act, the provisions contained in the statutory bye-laws of the exchange enabling the governing board or the president of the exchange to extend the time for the arbitrators or the umpire, as the case may be, though inconsistent with the provisions of section 28 of the act, prevail and as such, though section 28 of the act contemplates mutual consent of the parties to enable the arbitrators to enlarge the time to make the award in view of bye-laws 254 and 261 of the bye-laws of the exchange, such consent was not condition precedent for the governing board or the president of the exchange to enlarge the time ..... of and are saved by section 46 of the arbitration act, which as aforesaid is identical in material language to section 2(4} of the 1996 act.it is contrary to the judgments reported in (i) : air1943bom197 (which deals with bye-laws under the bombay cotton contracts act, 1932) and (ii) : [1961]3scr1029 (which dealt with bye-laws under the forward contracts (regulation) act, 1952), wherein it is held that 'bye-laws' under those respective acts were saved by and/or fell within the purview of section 46 of the 1940 act.the impugned judgment has placed strong reliance ..... again, in the case of the trustees of the port of madras v. m/s. .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]106ITR203(Bom)
..... whether the tribunal was right in considering the liability of the accountable persons to estate duty under section 22 of the estate duty act in respect of the amounts or any portions thereof lying to the credit of the accounts of the trusts created by the deceased by three deeds of trust dated november 7, 1931, january 31, 1932, and august 12, 1937, even though the estate duty authorities had not considered the applicability of the said section 2 ..... it was submitted before the madras high court that if the provision of exemption under section 22 could not be invoked, the value of the settled properties would necessarily have to be taken to have been included in the estate of deceased. ..... according to the division bench of the madras high court, the beneficiary was entitled at all times to a charge upon such assets in the hands of the firm. 21 ..... the madras high court reiterated what had been earlier observed by the supreme court that : 'the only property that passes on the death of the deceased is the beneficial interest which he was entitled to under the settlement deed' (also page 149) ..... nagappa's case air 1931 mad 251, which is a decision of a bench of the madras high court, was followed in point of time by the decision of the privy council in official assignee of madras v. t. ..... and of the madras high court in veerappa chetty's case air 1935 mad 686 were assailed and it was contented that the decision in nagappa's case air 1931 mad 251 had not been overruled by the privy council .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom384; (1977)79BOMLR259; 1977MhLJ406
..... 1943 pc 164) that the high court of madras--the high courts of bombay and calcutta were in the same position--had no power to issue what were known as high prerogative writs beyond the local limits of its original civil jurisdiction, and the power to issue such writs within those limits was derived by the court as successor of the supreme court which had been exercising jurisdiction over the presidency town of madras and was replaced by the high court established in pursuance of the charter act of 1861. ..... , hotel and lodging house rates control act, 1947 was dismissed by the learned judge of small causes court at pune on 5-6-1974 and against the dismissal he had filed an appeal to the district judge at pune and the learned assistant judge who heard the appeal allowed the same but remanded the suit back to the trial court with certain directions; the petitioner-plaintiff has challenged the appellate court's order under article 227 of the constitution; the petition was filed on 1-8-1975 and rule ..... in that case a suit had been instituted in 1932 in british india with respect to property situate in british india and also in burma. .....
Tag this Judgment!Court : Mumbai
Reported in : (1952)54BOMLR451
..... particular set forth at the head of the respective columns in the form given in the schedule to this act annexed, so far as the same call be ascertained; and the churchwardens and overseers, or other officers whose duty it may be to make and levy the said rate, or such a number of the said church wardensand overseers or other officers as are competent to the making and levying of tte same, shall, before the rate is allowed by the justices, sign the declaration given at the foot of the said firm; and otherwise the said rate shall ..... in their lordships' view the assessing authority was left unfettered as to the manner in whiah they might determine the capital value of the properties outside the proviso in the result they concurred with the judgment of the madras high court and dismissed the appeal. ..... the argument that it was incumbent upon the municipality to prepare the assessment list prior to the official year which commences from april 1 was rejected by the learned chief justice because he held that the mere fact that the rule fixes the date on which the liability arises does not necessarily mean that the quantum of the tax has to be determined prior to april 1 every year and the legislature had made the position perfectly clear by section 67 (2) of the act. ..... the madras district municipal act, v. ..... 897, the court had to consider the effect of the proviso to section 82 (2), madras municipal act, v [5] of 1920. .....
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