Court : Mumbai
Reported in : AIR1977Bom350; (1977)79BOMLR234
..... he has further taken the view that even though the watan is abolished and its incidents are extinguished under the act and the lands are resumed under section 4 of the act, the act maintains the continuity of the interest in the lands of the persons before and after the coming into force of the act, provided the holder pays occupancy price. ..... 9 to 11 who represented the branch of sadashiv the eldest son of narhari, was that in the year 1928 the inam was revived in the name of sadashiv alone; that it was personal grant to sadshiv; that while sadashiv was the holder of the inam the act came into force and the alienation was abolished; that sadashiv was alive at the time when the act came into force and that having regard to the provisions of section 7 of the act sadashiv alone was entitled to the regrant of these two pieces of land.4. ..... according to the trial court the revival of the inam in the name of sadashiv was a grant to date family as such and not individual to sadashiv; that such grants of service inam constituted impartible estate with consequential rights of succession by the rule of primogeniture; that in respect of such grant the junior members of the family who otherwise formed a coparcenary had only right of succession to the property by survivorship if and when an appropriate occasion arose- as a result of the regrant under section 7 of the act the property became the private property of the entire .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR1
..... similar language has been used by the legislature in section 295 of the indian succession act, 1925, and in rule 710 of the rules of this court on its original side. ..... moreover, the plain language of rule 146 shows that the counterclaim is also in the nature of 'a defence against the plaintiff's claim', and it is for that reason that it empowers the court to pass judgment in favour of the defendant for the balance, if the balance be in favour of the defendant, instead of providing for separate decrees being passed in the suit and on the counter-claim and leaving the parties to adjust the same in the usual manner in execution under the provisions of order xxi, rule 18 of the code of civil procedure. ..... apply to a counter-claim, i would1 still decline to grant the stay sought on the present motion on the grounds, (1) that i am not satisfied that the claim in prayer (a) of the counter-claim based on paragraph 11 of the written statement is included in the suit filed at calcutta; (2) that section 10 is not attracted to cases in which the claims or transactions comprised in the two proceedings are not the same though, where they are the same, all that is required is substantial identity of the subject-matter of those claims or transactions; and (3) that partial .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom53; (1976)78BOMLR262
..... : air1973mad83 a somewhat detailed discussion is to be found at the end of which the division bench of the madras high court observed in paragraph 6 as follows:--'we are therefore of the view that there is no warrant for literally importing the provisions of the fatal accidents act into section 110-b of the motor vehicles act so as to read both the provisions as part and parcel of the provision ..... . 22, page 229) classifies these perils, events or factors in the following words:'there are three broad topics to be considered in relation to what in commercial parlance is called the risk, namely (1) the risk in the sense of the contractual definition of the peril insured against; (2) the risk in the sense of the subject-matter insured against the stipulated peril; (3) the risk in the sense of the circumstances in which the stipulated peril has to affect the assured, either in relation to a defined subject-matter or in relation to his incurring a particular ..... .--'one of the contentions raised on behalf of the appellants is that as section 110-b of the act speaks of the tribunal making 'an award determining the amount of compensation which appears to it to be just', the powers of the tribunal are independent of the provisions of the fatal accidents act (as well as that under the legal representatives' suits act) and that therefore the provisions of the act must be construed as substantive provision and not merely ..... . stevenson 1932 ac 562; but it is a question whether we should .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom405; 1977MhLJ51
..... gill, says that the intention of the plaintiff was to dissolve the firm by exercising his right in law to do so by a notice of dissolution under section 43 of the indian partnership act, 1932, (hereinafter referred to as 'the act') is clear from paragraph 2 of the letter dated the 19th june, 1973 (which has been set out above) and that at the worst it may be taken that the mention of two months' period indicates the date from which the firm is to be dissolved as provided under sub-section (2) of section 43 of the act.13. ..... desai on the law of partnership but the question as to the nature of the partnership involved and the rights of the partners concerned can only be decided and determined in the light of the provisions of the indian partnership act, 1932.29. ..... now in order to determine whether the partnership between the parties is a partnership at will or not, regard has to be had not only to the principles of construction of documents (so that it may be ascertained if there are any implied provisions) but also to the relevant provisions of the indian partnership act of 1932.28. ..... 1,10,000/- was improper and that the plaintiff has acted in a manner hostile to the partnership firm and against its interest by arranging with his wife who is the owner of the building at jullundur to terminate the tenancy of the partnership firm in that building where the jullundur office of the firm was carrying on its business. .....
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 : (1976)78BOMLR380
..... he considered several aspects of the matter including the benefit to be given under the probation of offenders act and ultimately found that the facts of the case required that the minimum sentence required to be imposed under the provisions of the prevention of food adulteration act must be imposed upon the present accused. ..... whether one looks at the main body of the clause (a) or to the proviso thereof, the language seems to be quite clear and the intention of the legislature is un mistakably express so as to suggest the point of time and the stage at which the old code should cease to operate and the new code should take over the further stages of the pending criminal litigation.22. ..... the section further says that in an appeal for enhancement of sentence the appellate court can reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a court competent to try the offence, or alter the finding maintaining the sentence, or with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the ..... rane argued that the legislature does not say in so many words that after the disposal of the appeal or the continuance of the application or the holding of the trial or making an inquiry or investigation, the old code will not be further available to the parties and therefore this is not a negation of the right of the parties by express ..... suresh chandra dey (1932) 34 bom. l.r .....
Tag this Judgment!Court : Mumbai
Reported in : [1976]105ITR721(Bom)
..... as there was no question of any controversy between the company on the hand and the assessee on the other, merely because the third party raised a dispute as regards the liability of the company to pay the amount, it cannot be said that the date of accrual of such income was postponed to a future date when the rights are finally adjudicated upon by a court of law. ..... he submitted that, ultimately, when the suit dismissed by the high court in appeal no new right was created in narottamdas but only a pre-existing right was merely declared; that the decision of the high court, according to his submission, does not create a new right in narottamdas or a fresh liability in the company, but such right and liability existed in view of the resolution passed by the annual general meeting of the company and the income-tax officer and the appellate assistant commissioner were, therefore ..... at the instance of the revenue under section 66(1) of the indian income-tax act, 1922, the following question is referred to us for our determination : 'whether, on the facts and and in the circumstances of the case, the sum of rs. ..... on february 24, 1932, an agreement was entered into between the company and jethalal whereby the terms of appointment of jethalal under clause 15 of the memorandum were fixed. ..... chandulal resigned on june 6, 1931, and was succeeded as the managing agent by jethalal bhalakai in the year 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom125; 1975MhLJ80
..... there also section 110 of the madras port trust act provided that no suit or other proceeding shall be commenced against any person for anything done, or purporting to have been done, in pursuance of this act without giving to such person one month's previous notice in writing of the intended suit or other proceeding, and of the cause thereof, nor after six months from the accrual of the cause of such suit ..... the learned judge said:'section 110 only provides a period of limitation different from that indicated under the indian limitation act and it will be open to the plaintiffs in the absence of express exclusion of the applicability of section 15(2) of the limitation act to rely upon the provisions of section 15(2) of the indian limitation act in computing the ..... purpose, we may refer to section 29(2) of the limitation act, which says that where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period f limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) ..... refer to a decision of this court in chhaganlal sakerlal v.municipality of thana, (air 1932 bom 259), which was a case under the bombay district municipal act. ..... thana municipality air 1932 bom 259 and in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom197; 1974MhLJ966
..... calcutta : air1963mad30 , where cause of action involved termination of services of the plaintiff and it took effect at madras, though the defendant carried on business at calcutta, jurisdiction was answered by referring to the provisions of section 29(c) that the madras court would have power to entertain the suit. 11. ..... there are observations in the body of the judgment that the provisions of section 19 to some extent overlap section 19 appears to be made as providing for institution of a suit for compensation for wrong to person or movable, either in the court within whose jurisdiction the wrong to person or movable, either in the court within whose jurisdiction the wrong to person or movables, either in the court within whose jurisdiction the wrong is done or the defendant resides or carries on business or personally works for gain ..... injury or actual wrong may occur at place a but its effect may be felt at places other than 'a' and may effect places 'b' or 'c' act or actions taking place at a given place may still give rise at places quite different and at all these places and for all those effects, cause would arise seeking compensation ..... a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of carries on business or personally works for gain, within the local limits of the may be instituted at the option of the plaintiff in either of the said courts. 20. ..... bai chanchal air 1932 bom 392. .....
Tag this Judgment!Court : Mumbai
Reported in : 1975CriLJ1891
..... kotumal : air1967mad263 (decided by the full bench of the madras high court) that customs officers under the customs act were not 'police officers. ..... is exercising all the powers of a police officer which enables him to extort a confession which confession can be used against him if the provisions of section 25 of the act do not apply.it will be pertinent to note here, there-fore, what were the provisions which were considered by the full bench decision under the bombay abkari act, 1878, which led the full bench decision to conclude that the officer exercising the powers under that act was an officer meeting the description of the police officer under section 25 of the evidence act. ..... emperor, i see no reason why the prohibition of section 25 of the indian evidence act should not be extended to incriminating statements made by persons accused of an offence under the abkari or opium act, to excise peons who are actually engaged at the time of the investigation of the offence under the orders of the abkari inspector, and who have the power both to seize any prohibited articles found in the possession of the accused, and also to arrest the accused and keep him in detention.33. ..... 1748 as under:it is submitted on behalf of the appellant that the view taken by the bombay high court in nanoo sheikh ahmed : air1927bom4 is the correct view and that the view of the patna high court in radha kishun ilr 12 pat 46 : ir 1932 pat 293 is not correct. .....
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