Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... the effective legislation on the subject which was within the competence of the ..... 291 the validity of the madras estates (abolition and conversion into ryotwari) act, 1948 in so far as it related to fisheries in the seas was challenged as being beyond the competence of the madras legislature as the topic of 'fishing, or fisheries beyond territorial waters' was a central subject but the challenge was negatived and the court held that the impugned act was in pith and substance a legislation in respect of land and land tenure and not a legislation of fishing and fisheries in the seas, that the provisions of the act in respect of fisheries in the seas were incidental to ..... . cowan (1932) a. c .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR110; 1978MhLJ561
..... the city civil court took the view that having regard to the provisions of section 3 of the bombay city civil court act, 1948 (hereinafter referred to as 'the act') when dealing with the execution proceedings, the city civil court was dealing with the proceedings of civil nature and since the jurisdiction of the city civil court is restricted to try and dispose of all the proceedings of civil nature not exceeding rs. ..... 5,000 was sent for execution to the court of the subordinate judge of the second class by the sub-ordinate judge of the first class as the subordinate judge of the second class had been appointed to assist the first class subordinate judge in the disposal of the suits on his file and, therefore, was directed by him to dispose of that suit in question. ..... 157): .the execution of the decree by section 223 of the civil procedure code belongs to the court which has pronounced it, and as the second class subordinate judge could not have entertained the suit, so neither could he deal with it in execution.thus the principle laid down in the decision was that the executing court must be such that it must have had jurisdiction to entertain the such in which the decree has been passed.6. ..... dhanji air[1932] bom. .....
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 : (1977)79BOMLR633; 1977MhLJ587
..... full and comprehensive discussion on the scope and the impact of the provisions of article 226 of the constitution of india as amended (hereinafter referred to as 'the new article 226'), but having regard to the urgency of the situation arising out of the provisions of section 58 of the amending act in the matter of abatement and the vacating of the interim orders, it did not become possible to hear arguments on all the questions which were sought to be canvassed by the learned counsel on both sides ..... exhaust administrative or domestic appellate remedies as a condition precedent to impugning that decision in the courts.the concluding observations in the above quoted paragraph were on the footing that the breach of natural justice goes to jurisdiction and makes a decision void as will be clear by the observation of the learned author earlier at page 131 when he observes:.for the present we shall act on the assumption that breach of natural justice goes to jurisdiction (or is closely akin to jurisdictional ..... but does not include any act of parliament of the united kingdom or any order in council, rule or other instrument made under such act:the word 'enactment' is also denned in general clauses act in section 3(19) as follows:'enactment' shall include a regulation (as hereinafter defined) and any regulation of the bengal, madras or bombay code, and shall also include any provision contained in any act or in any such regulation as aforesaid:the definition of 'enactment' is ..... . .....
Tag this Judgment!Court : Mumbai
Reported in : (1978)80BOMLR142
..... sentenced to pay a fine, the court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may-(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;(b) issue a warrant to the collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter:provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned ..... that is provided for in the indian limitation act, and, if it was the intention of the legislature that the provisions of the indian limitation act were to apply, it would have expressly stated that the warrant, which was deemed to be a decree, was to be governed for the purpose of execution by the indian limitation act. ..... in january 1932, a warrant was issued for the recovery of the fine under section 386 of the criminal procedure code, and was sent to the collector for execution under sub-section (1), clause (b).18. .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]47CompCas669(Bom); 1975MhLJ337
..... the entire controversy submitted has something to do with the application of the provisions of part x of the indian companies act, 1956 (hereinafter called 'the companies act'), as urged, excluding the operation per force the statute of chapter vi of the indian partnership act, 1932 (hereinafter called 'the partnership act ..... have been filed under chapter vi of the partnership act, if the partnership in issue consists of more than seven partners, but below twenty, on the date of the suit for dissolution of such partnership, per force the provisions of part x of the companies act are attracted and by virtue of the provisions of section 582 read with section 583, the ordinary civil court would have no jurisdiction to entertain the suit and the only relief can be provided by the competent company court with regard to winding ..... the provisions of the partnership act along with the provisions of the companies act relevant for the purpose indicates that if there be a legal relationship of partners called 'a firm', either registered or unregistered, such relationship can be brought to an end any the process of dissolution contemplated by chapter vi of the partnership act and nothing in part x of the companies act ..... 11 are enacted to further this intention that under the provisions of the act the juridical entity, called the 'company', must necessarily exist for the purpose of legal control, as is envisaged by other parts of the act, the basic object being to safeguard public interest to which .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom188; 1976MhLJ836
..... the entire controversy submitted has something to do with the application of provisions of part x of the indian companies act, 1956 (hereinafter called the companies act), as urged, excluding the operation per force the statute of chapter vi of indian partnership act, 1932 (hereinafter called the partnership act). ..... in a suit purporting to have been filed under chapter vi of the partnership act, if the partnership in issue consists of more than seven partners, but below twenty, on the date of the suit for dissolution of such partnership, per force the provisions of part x of the companies act are attracted and by virtue of the provisions of section 582 read with section 583, the ordinary civil court would have no jurisdiction to entertain the suit and the only relief can be provided by the competent company court with regard to winding up or dissolution.2. ..... this brief review of the provisions of the partnership act along with the provisions of the companies act relevant for the purpose indicates that if there be a legal relationship of partners called 'a firm' either registeredor unregistered, such a relationship can be brought to an end by the process of dissolution contemplated by chapter vi of the partnership act and nothing in part x of the companies act affects that position. .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR42
..... he came to the conclusion that the plaintiff reasonably and bona fide, required the suit premises on the ground floor for the business of the partnership, in which he was admitted as a minor entitled to the benefit of the partnership, following the decision of a division bench of the madras high court in v. ..... . it is true that under section 30 of the indian partnership act, 1932 a person who is a minor, according to the law to which he is subject, may not be a partner in a firm, but, with the consent of all the partners for the time being, he may be admitted to the benefits of partnership ..... . it is true that the madras and nagpur decisions deal with the case of adult partners and not with minor partners, but a minor partner can file a suit under section 13(l)(g) and prove by proper evidence that he reasonably and bona fide requires the suit premises for occupation by himself as the partnership business in which he was a partner was being evicted from the premises where the business was being run in the present case.30 ..... . the learned advocate-general appearing for the landlord, submitted that the decisions of the madras high court and the nagpur high court are distinguishable on the ground that, in the present case, the plaintiff was a minor partner who was not a real or working partner but was only admitted to the benefits of the partnership as can be seen from the certificate of registration at exh .....
Tag this Judgment!Court : Mumbai
Reported in : [1978]111ITR757(Bom)
..... joshi has pointed out that the madras high court has based its decision on the footing that the decision of the supreme court in parekh wadilal jivanbhai's case : [1967]63itr485(sc) was based on the provisions of section 13 of the partnership act. ..... to be in conformity with the act and the rules, in ascertaining whether the application was in conformity with the rules, the deed of partnership had to be reasonably construed; that the right to registration under section 26a being conditional upon the specification of the individual shares of the partners, a deed of partnership between a firm and an individual which specified the collective shares of the firm, without more, could not be registered; that, however, the substance of the agreement could not be permitted to be overshadowed merely by the use of the collective description of some of the persons who ..... turning to the indian partnership act, 1932, section 4 defines 'partnership', 'partner', 'firm' and 'firm name' in the following manner : '4. ..... section 2(6b) of the act clearly provides that 'firm', 'partner' and 'partnership' have the same meaning respectively as in the indian partnership act, 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom228; (1976)78BOMLR579; 1977MhLJ115
..... that notwithstanding anything contained in sub-section (1), the court may refuse to rescind the contract-- (a) where the plaintiff has expressly or impliedly ratified the contract; or (b) where, owing to the change of circumstances which has taken place since the making of the contract (not being due to any act of the defendant him-self), the parties cannot be substantially restored to the position in which they stood when the contract was made; or (c) where third parties have, during the subsistence of the contract acquired right in good faith without ..... 'the court then considered the facts end circumstances of the case in the context of the provisions of section 84 of the indian trusts act and set aside the decision of (he high court on the ground that the high court was in error in not giving effect to the finding recorded by the trial court that the fraud mutually agreed upon and contemplated by responds 1 and 2 had been effectively carried out; and that in the carrying out of the fraud both the parties were equally guilty.106. ..... under the madras school of mitakshara law by which venkatacharyulu was governed, he had no power to make a gift of even his undivided interest in the coparcenary properties to his concubine. .....
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