Court : Mumbai
Reported in : AIR1989Bom362; 1989(2)BomCR533; (1989)91BOMLR252
..... (ii) the law of landlord and tenant in england being more favourable to the landlord than to the tenant, the english law on the subject should not be followed in india.since the madras high court considered the question not in the context of the property of partnership firm but in the narrow context of the document it was called upon to construe, the decision must be understood in the light of that document. ..... that is why the madras high court says 'this act on the part of the two partners cannot amount to transfer or subletting .......'. ..... suppose in this case the partnership were dissolved and after making payments in accordance with section 48 of the partnership act , the leasehold interest is left as the residue of the assets of the firm, how will the tenancy be divided the answer is; 'in the proportion in which' the partners shared profits. ..... the madras high court arrived at the decision in a case where the lease deed confined the prohibition against alienation to persons other than the lessees. ..... as already stated, this court in shah babubhai's case (1986) i ren cj 144 did not hold that relinquishment by a partner of his share in the lease as a part of his share in the partnership does not constitute transfer of ''is interest' in the premises for the purposes of section 15(1) of the bombay rent act .the prohibition against transfer of tenant's interest in the premises enacted by section 15(1) of the bombay rent act is marked by a unique feature. .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(3)BomCR267; 1990CriLJ619
..... he passed the following order :'...........whatever articles belonging to the petitioners are in possession of the municipal officers shall be returned to the petitioners forthwith.rule absolute in above terms.in the facts and circumstances of the case there shall be no order as to costs.the respondents shall act on the uncertified copy of this ..... if the respondents are right, why did they not inform the court on 7th or 8th november that they did to have any belongings in their possession why the first denial only on the 12th november how much value should be attached to the statement of trivedi, learned advocate for the respondents on 7th november that the respondents dispute the allegation that belongings were taken 'e' ward officer ghone is the main witness on behalf of the respondents ..... recorded a statement made on behalf of the advocate for the respondents that he was disputing the allegations in the petition to the effect that the household belongings mentioned in para 3(b) of the petition had been taken away by the municipal officers after demolishing the huts of the petitioners. ..... (b) there is a prayer for a mandatory order and injunction directing the respondents to forthwith hand over to the petitioners and other pavement dwellers listed in exhibit 'a' to the petition whatsoever goods are listed in para 3(b) of the petition and which are in the possession of the 1st respondents since 3rd november, 1988. ..... and 34 bom lr 1416 : air 1932 bom 638 jayantilal hiralal & co. v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1989Bom359; 1989MhLJ124
..... 269-a (which came into force on 27th dec.1962) it cannot be said that the plaint shall not be returned under any circumstances .the rule expressly says that where a plaint has to be returned for want of jurisdiction the plaint shall be returned to the plaintiff only after the plaintiff has furnished, for the record of the court, a copy of the plaint and the said copy has been certified as a true copy by the office of the prothonotary and senior master. ..... i am aware of the procedure, which the office of the prothonotary and senior master has evolved, namely that if a plaint's is lodged without obtaining such leave where such leave was required and if the same is not numbered, the plaint would be returned to the plaintiff for presenting the same after bom lr 236: air 1932 bom 291 correctly obtaining leave. ..... clause 12 of the letters patent provides that the high court of judicature at bombay in the exercise of its ordinary original civil jurisdiction shall be empowered to receive, try and determine suits of every description, i f in the case of suits for land acquisition act (omitting unnecessary words) the land acquisition act is situate, or in all other cases. ..... where court had to act judicially on the plaint , whether in favour of the plaintiff or against him, the plaint must obviously be retained him, the plaint must obviously be retained as part of the record of the judicial relation established between the parties . ..... but this was not acted upon on the basis that s. .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR556
..... (3) on publication of a declaration under the said section 6, the collector shall proceed to take order for the acquisition of the said land under said act, and the provisions of that act shall apply to the acquisition of the said land, with the modification that the market value of the land shall be---(i) where the land is to be acquired for the purposes of a new town, the market value prevailing on the date of publication of the notification constituting or declaring the development authority for such town. ..... (4) if a declaration is not made within the period referred to in sub-section (2) or having been made, the aforesaid period expired on the commencement of the maharashtra regional and town planning (amendment) act, 1970, the state government may make a fresh declaration for acquiring the land under the land acquisition act, 1894, in the manner provided by sub-sections (2) and (3) of this section, subject to the modification that the market value of the land shall be the market value at the date of declaration in the official gazette made for acquiring of the land afresh.127. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(1)BomCR596
..... that since this court found that rule 3(a) was violative of the fundamental rights and had been declared to be so, the prohibition which applied, was the one to be found under article 13(2) of chapter iii of the constitution under which the state shall not make any law which takes away or abridges the rights conferred by this part and any law made in contravention of this clause shall, to the extent of the contravention, be void, relying on this provision it is urged that even though ..... the allotment may have been made to the petitioners prior to the decision in writ petition no. ..... 2461 of 1932, the respondent issued a notice on november 14, 1982 regarding the proposed construction of certain tenements within the limits of shambagh which was the area from which the land was allotted to the petitioners in that petition. ..... has been pointed out that the words 'any law' in clause (2) of article 13 can only mean an act passed or made factually notwithstanding the prohibition, and the result of such contravention is stated in that clause. .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)89BOMLR248
..... the statement of objects and reasons which has a bearing on the crucial issue figuring before me recited-under the existing entry 19 in the schedule i to the act, firms registered under the indian partnership act, 1932 (ix of 1932) and engaged in any profession, trade or calling are required to pay ..... (2) every person engaged in any profession trade, calling or employment and falling under one or the other of the classes mentioned in second column of schedule 1 shall be liable to pay to the state government the tax at the rate mentioned against the class of such persons in the third column of the said schedule:provided that the tax so payable in respect of any one person shall not exceed two hundred and fifty rupees in any year.schedule ..... of taxes on professions, trades, callings and employments shall not exceed two hundred and fifty rupees per annum.pt act preamblewhereas it is expedient to provide for the levy and collection of a tax on professions, trades, callings and employments for the benefit of the state....section 2(e)'person' means any person who is engaged in any profession, trade, calling or employment in the state of maharashtra, and includes a hindu undivided family, firm, company, corporation or other corporate body, any society ..... each partner of a firm registered under the indianpartnership act, 1932 which is engaged in any professions, ..... per annum is leviable on partnership firm registered under the indian partnership act, 1932 and engaged in any profession. ..... madras v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)63CTR(Bom)16; [1987]169ITR516(Bom)
..... the question of law referred to this court for the opinion at the instance of the assessee under section 256(1) of the income-tax act, 1961, is :'whether, on the facts and in the circumstances of the case, the following payments are items of capital expenditure and not allowable as revenue deductions : (a) rs. ..... in fact, while dealing with the madras high court decision in the case of addl. ..... provided that the lessee shall not be liable to pay the said commission for the period during which the rent shall remain completely suspended under sub-clause (ii) hereof and in case rent is proportionately reduced under the said sub-clause, the lessees shall be liable to pay the said commission only on such reduced rent.'8. ..... the income-tax officer disallowed the assessee's claim for deduction in respect of both the above items of expenditure on the ground that the expenditure was incurred in connection with the acquisition of a capital asset, that is, the impugned premises, on lease for a period of ten years with provision for renewal for two further consecutive period of ten years each on the same terms. ..... : [1979]118itr820(mad) , this court has taken due notice of the manner in which the supreme court appreciated the difference between raising of capital by issue of shares and obtaining of loan by issuing debentures. ..... [1932] 137 itr 652 , the period of lease was 20 years with right of renewal and the expenditure involved was registration fee and stamp duty. .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)89BOMLR277
..... in the place of the direction to the lessor to sell the land by public auction or by private treaty a direction was issued for the appointment of a receiver to take all necessary steps to seek exemption from the operation of the said act under section 20 and/or section 21 of the said act by taking the help of an organiser and/or builder to build residential premises for weaker sections of the society, and/or by joining with a co-operative society in applying for an exemption under the said act, etc.39. ..... the suit which was by an unregistered partnership was not maintainable under section 69(2) of the partnership act, 1932, in view of this objection, plaintiffs nos. ..... mathurdas govinddas : [1980]3scr762 the supreme court has held that in a case where the urban land ceiling act intervened after the passing of the decree of specific performance by the high court and before the decree of the supreme court, that decree of specific performance can be so moulded as to accord with the changed statutory situation. ..... 1 to 8 as individuals and not as partners and withdraws his objections under section 69(2) of the indian partnership act, 1932.53. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1987Bom235; 1986(3)BomCR590; 1987MhLJ30
..... omitted andnew explaintion it is virtually the same except that it omits reference to auction purchaser that it omits reference toauntion purchaser explanation ii specially deals with auction ..... (3) where a question arises as to whether any person is or is not the representative of a party suchquestion shall for the purposes of this section be determined by the court.explanation - for the purpose of this section a plaintiff whose shsuit has beeb dismissed defendant against whom a suit had been dismissed and a purchaser at a sale in exection of the decree are parties to the suit.the above explanation was subsitituted by act 66, of 1956 and several changed have beeb brought aboutby 1976 amendment sub-section (2) had been ..... the second point relatesto limitation the plaintiff purchased thejoint right title and interest of he debtors in the property on 30-11-1928 and thereafter applied to the court which passed decree in 1909 suit for getting its share partitional.it was on 11-1-1932 rthat theplaintiffs made a statement that it did not wish to proceed in the matter of other field for the reasons stated in the order sheet. ..... on 11-12-1932 the following orde came to be passed.'mr. .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR454
..... samant, the learned advocate appearing for the plaintiffs, handed over to the court a chart giving detailed position of the record of right ranging from the year 1932 right till the year 1953-54 and onwards till the date when misquitta managed to obtain declaration in respect of his right of ownership under the tenancy act from the agricultural lands tribunal and paid the purchase price fixed by the tribunal that is to say almost till the year 1972-73. ..... as stated above, the position is analogous with the proposition laid down by the madras high court in 30, madras law journal, p. ..... mehta also relied upon the judgment of the madras high court in the case of secretary of state for india in council represented by the collector of kistna v. ..... as pointed out above, this was the result of the peculiar extended definition of the word 'proprietor' contained in said madras act no. ..... basu in his commentary, as mentioned above, that in view of the peculiar extended definition of the word 'proprietor' employed in madras act no. ..... this case also related to the interpretation of the word 'proprietor' in madras act no. .....
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