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 : (1993)95BOMLR412
..... ) 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 learned judge observed that the document to the extent that it purports to give the loading date of the ship cannot be admitted in evidence at that stage, the commercial documents evidence act consists of four sections, and section 3, inter alia, provides that notwithstanding anything contained in the indian evidence act, a court may presume within the meaning of that act, in relation to documents included in part ii of the schedule that they have been duly made by or under appropriate authority and the statements contained therein are accurate. ..... 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 had a 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. .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)113CTR(Bom)404; [1993]202ITR198(Bom)
..... by this reference made in pursuance of the direction of the high court at bombay under section 256(2) of the income-tax act, 1961 ('the act') at the instance of the revenue, the income-tax appellate tribunal has referred the following three question of law to this court for opinion : '(1) whether the tribunal erred in holing that the decision of the bombay high court in the assessee's own reference for the assessment year 1949-50 concluded the question of assessability of laga receipts against the revenue (2) whether, on the facts and in the circumstances of the case, the tribunal erred in holding ..... that the test of mutuality was fully satisfied ..... hills [1932] 16 tc 430, that all the contributors to the common fund must be entitled to participate in the surplus and that all the participators in the surplus must be contributors to the common fund; in other words, there must be complete identity between the contributors and the participators. .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)114CTR(Bom)190; [1993]202ITR161(Bom)
..... under section 256(1) of the income-tax act, 1961 (for short 'the act'), at the instance of the assessee, the income-tax appellate tribunal has referred the following question of law for opinion : 'whether, on the facts and in the circumstances of the case, the sum of rs. ..... that extent the correctness of the madras decision ..... the supreme court did not approve the majority view of the special bench of the madras high court in ..... chitnavis [1932] 6 itc 453, where a bad debt was held to be an admissible deduction, though there was no specific provision for allowance of bad debts in the indian income-tax act, 1922 (for short, 'the 1922 act'), as ..... the question before the supreme court in the case of badridas daga : [1958]34itr10(sc) was whether monies embezzled by an agent or employee are allowable deduction in computing the profits of business under section 10 of the 1922 act (section 28 of the present act ..... the case of the assessee was that the letter on the basis of which the said demand draft was issued was a forged letter written to the bank under the forged signature of the secretary of the ..... dwarkadas, submits that on the facts of the case the tribunal was not justified in arriving at the conclusion that the loss in question had nothing to do with the business of the assessee or that it was not incidental ..... difficult to draw a distinction between embezzlement of the amount from the bank and theft of the amount from the cash box of the businessman from his sales counter or business premises. .....
Tag this Judgment!Court : Mumbai
Reported in : [1995]214ITR716(Bom)
..... sections 14, 15, 29 and 48 of the indian partnership act, 1932, section 5 of the transfer of property act and section 17(1)(b) of the indian registration act, 1908, fall for scrutiny. 5. ..... the plot was all through treated as the property of the firm up to march 17, 1976, when by an agreement between the partners, the said asset was taken out of the partnership by crediting the price of the plot to the plot account and debiting the partners' capital accounts in equal proportion in the books of account of the firm. ..... sections 14 and 15 of the partnership act, 1932, make this position clear. ..... it holds that in the distribution, division or allotment of assets in the partnership, which flows upon dissolution after the discharge of the liabilities, there is mutual adjustment of rights between the partners and there is no question of any extinguishment of the firm's right in the partnership assets amounting to transfer of assets within the meaning of section 2(4) of the income-tax act. ..... cit : [1969]73itr423(all) ; (2) the madras high court in the ease of cit v. ..... he took a view that by the agreement dated march 17, 1976, and the relevant entries made in the books of account, the partners had not legally and effectively taken out the immovable property of the firm from its ownership and vested the same in the partners. .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)ILLJ811Bom
..... number and post box number and employing the services of the same person to write the accounts, on which reliance has been placed by the regional provident fund commissioner for the purpose of clubbing together these four firms and treating them as one establishment within the meaning of section 2-a of the act are, in my opinion, not relevant once they are considered in the background of the totality of the facts and circumstances of the case.7. a partnership, as defined by section 4 of the indian partnership act, 1932, is the relation between persons who have ..... agreed to share the profits of a business carried on by all or any of them .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR582; (1993)95BOMLR632
..... performed by the wage board would be ..... ., in the (express news-paper), case reported in : (1961)illj339sc with respect to the wage board under the working journalists (conditions of service) act, 1955, in these words -'if the functions performed by the wage board would thus consist of the determination of the issues as between a proposition and an opposition on data and materials gathered by the board in answer to the questionnaire issued to all parties interested and the evidence led before it, there is no doubt that there would be imported in the proceedings of the wage board a duty to act judicially and the functions ..... . 1919 madras page 244, wherein justice seshagiri aiyer of the madras high court observed :'it is settled law that a case is not open to appeal unless the statute gives such a right ..... the first public use of the word 'quasi-judicial' appears in the report of the donoughmore committee on minister's powers, (1932) cmd. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984
..... from this decision in narottamdas's case (supra) it is clear that special jurisdiction was referable to entry 53 in list i, entry 2 in list ii and entry 15 in list iii of viith schedule of government of india act, 1935 for two reasons : firstly, said entries were with respect to specific matters in the respective lists and, therefore, it was construed to be dealing with special jurisdiction, whereas entry 1 in list ii did not deal with any specific matter in list ii and therefore, it was ..... andhyarujina, regarding pith and substance of the impugned act, he submitted that the parliament alone has the power to confer or take away general jurisdiction of the high court under entry 78 and, therefore, the state legislature in the guise of increasing the pecuniary jurisdiction of the bombay city civil court could not have abrogated the ordinary original civil jurisdiction of the high court relating to civil suits and other proceedings of civil nature. ..... andhyarujina on this topic :1) : [1976]1scr552 ; 2) : [1954]1scr1 ; 3) (1908) ac 504; 4) (1899) sc 580; 5) (1924) ac 328; 6) (1939) ac 117 : air 1939 pc 53; 7)(1932) ac 41; 8) air 1949 fc 81; 9) : [1979]2scr476 ; 37. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : (1992)94BOMLR467
..... baphana made a passing reference to section 126 of the evidence act and argued that it cannot involve a case of a lawyer because the madras high court, while interpreting the section in the case of ayesha bi v. ..... karanjiya : 1981crilj894 , wherein the supreme court observed while dealing with the ninth exception to section 499 of the indian penal code that 'it is significant that under section 105 of the evidence act the burden of proving that the case of the accused comes within exceptions whether under chapter 4 of the indian penal code or any special exception or proviso is on the accused and the court shall presume the absence of such circumstances. ..... and that if an advocate is called in question in respect of defamatory statements made by him in the course of his duties as an advocate, the court ought to presume that he acted in good faith and upon instructions and ought to require the other party to prove express malice.the obligation of making out a case that the present petitioner who is an advocate had not acted in good faith and that he had acted maliciously is, therefore, condition precedent and in the absence of this necessary ingredient, the present prosecution cannot be sustained.19. ..... billimoria air 1932 bom 490, reiterated the above position and summarised it as follows:a member of the bar in india has no absolute privilege. ..... boulter 1932 kb. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1993Bom30; (1992)94BOMLR541; 1992(2)MhLj1260
..... if expressed the view that reading sections 58 and 59 of the indian partnership act together a firm cannot be said to be registered when the statement prescribed by section 58 and the required fee are sent to the registrar and that registration of the firm is effected only when the entry of the statement is recorded in the register of firms and the statement is filed by the registrar as provided by section ..... the question raised in this appeal is about the bar of section 69(2) of the indian partnership act according to which the very institution of the suit is prohibited unless the firm is registered and the persons suing are or have been shown in the register of firms as partners in the ..... in this case, the court relies on another judgment of the madras high court in ..... the only rider that can be placed is that instead of directing the party to file a fresh suit, the plaint that has already been filed shall be treated as a valid one from the date of registration of the firm under section 69(2) of the partnership act ..... a contention was raised that inany event by virtue of section 14 of thepartnership act, all the assets with the aid ofwhich the business was carried on by theplaintiffs must be deemed in law to havebecome the partnership asset under the deedof partnership. ..... [1971]79itr549(sc) , it is ruled that section 58 of the indian partnership act is not to be read in isolation and has to be considered along with the scheme of other provisions of the act, namely section 59 and section 69. .....
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