Court : Mumbai
Reported in : (1974)76BOMLR375
..... malpathak referred to above, it does not matter if the point has not been pleaded because when it becomes apparent to the court on the material on record and on a construction of the co-operative societies act, the rules, and the bye-laws and regulations of the society that the attachment is prohibited by law then it perhaps becomes not only appropriate but the duty of the court to take cognizance of the matter on the basis of the record itself and hold that the attachment was illegal, in bageshwari charan v. ..... if a reference is made to the act, the rules and the bye-laws and the regulations of the society it becomes at once clear that the first and the foremost requirement, or if i may call it a condition-precedent, to any right or the relationship is that the person concerned has to become and remain a member of the society and in order to become a member of the society and become eligible for the allotment of a tenement, the person concerned has to obtain five shares of the society. ..... in the letters patent appeal before the assam high court a question of an oral lease of an agricultural land was there and before the madras high court a question as regards six shares in private limited company was there. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom52; 1974MhLJ75
..... section 14 of the partnership act states that the property of the firm includes all property and rights and interest in property originally brought into the stock of the firm or acquired, b purchase or otherwise, by or for the firm, or for the purposes and in the course of the business of the firm, and includes also the goodwill of the property has to be held and used by the partners, exclusively for the purpose of the business. ..... as to the nature of the firm under section 4 of the indian partnership act, 1932, the court observed that the word 'firm' or the 'firm name' was merely a compendious description of all the partners collectively. ..... the nature of partnership is referable to the provisions of section 4 of the indian partnership act, 1932, which states that 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any or them acting for all. ..... ' in the very first paragraph the plaint alleges that there is a firm by name haribhau sant & company registered under the indian partnership act, 1932 and also discloses the registration number. ..... though partnership is not a juridical person, the relationship between the partners and the name under which they carry on the business is an entity specifically recognized and treated as such by the provisions of the indian partnership act, giving rise to certain rights and obligations between the parties and also those who deal with such firms. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom337; 1973MhLJ637
..... but that does not preclude the parties from entering into an arbitration agreement which itself is the contract and submit the disputes to the arbitration under the provisions of the arbitration act or otherwise and authorise the arbitrators to find out as to whether they have entered into certain other contracts which govern their mutual obligations, duties of liabilities giving rise to enforceable ..... the contention that in no case the factum of a contract can be submitted to the decision by the arbitrators is not borne out either by the provisions of the contract act or by the provisions of the arbitration act ..... section 42 are procedural and apply to all the notices that are required to be served otherwise than through the court object of such a notice is obviously to bring to the knowledge of the party the intention to act upon the arbitration agreement by the person or party which is seeking to refer the matter. ..... upon such notification alone and subject to the provisions contained in section 18, the forward contracts for the sale or purchase of the notified goods were to be effected in the cases being the contracts otherwise entered into between the members of a recognised association or through or with any ..... shriram's case, : air1940bom93 , mohamed haji hamed's case, air 1932 bom 341 was applied, that being the case under the east india cotton association bye-laws. ..... in mahomed's case, air 1932 bom 341, a proposition that arose under the bye-laws nos. ..... priojshaw, air 1932 bom 341; .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom313; (1973)75BOMLR186; 1973MhLJ190
..... with respect to the learned judges of the madras and the calcutta high courts, i am of opinion that although the finding whether the plaintiff has or has not prosecuted the earlier proceeding in good faith or with due diligence is one dependent upon the appreciation of facts and evidence it is not a finding of act but rather of proper inference to be drawn in law form the findings of ..... in this case (which was a second appeal) by the madras high court that the benefit of section 14 of the indian limitation act, 1908, could be given to a party which has acted on a mistaken advice given by his advocate. ..... of the indian partnership act 1932, reads : 'no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the register of firms as partners in the firm ..... , the high court of andhra pradesh was considering the effect of the bar of section 69 of the indian partnership act, 1932. ..... of section 69 of the indian partnership act 1932, cannot be considered to have been instituted in good faith or ..... for instance, if the suit had gone for regular trial and after framing the issues it had been discovered that the plaintiff's firm was not registered under the indian partnership act 1932, which would have resulted in the dismissal of his suit, then it would have been a moot point whether the plaintiff's conduct in that proceeding could be regarded .....
Tag this Judgment!Court : Mumbai
Reported in : [1973]90ITR429(Bom)
..... in this petition it must be held that the petitioners were wrongly assessed to wealth-tax by the assessment order and the two appellate orders mentioned in the petition in respect of the estate left by navinchandra for the assessment year 1961-62, that there was no provision in the wealth-tax act that was applicable to the estate left by navinchandra and in the hands of the petitioners during the assessment year 1961-62 and that the income-tax appellate tribunal proceeded to decide the matters of wealth tax by their orders mentioned ..... above when the law did not authorise them ..... the privy council divided the appeal in respect of the assessment year 1932-33 on june 13, 1939, in favour of the assessee and held that the claim for exemption was correct. ..... in the result the estate applied for refund and the commissioner granted that application for refund for the year 1932-33, but refused to reopen the other assessments on certain grounds. .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR642; [1976]46CompCas587(Bom)
..... (canada), a single judge of the madras high court has held that having regard to the private international law and the provisions of section 592 to 596 of the companies act and on account of the returns submitted by the 2nd defendant company to the registrar, it must be held that the said defendant was present in madras and had submitted in advance to the jurisdiction of high court; in addition the 2nd defendant having pleaded on merits also, must be held to have submitted to the jurisdiction. ..... the learned judge held that although no part of the cause of action arose in madras the madras high court had jurisdiction under clause xii if the letters patent to entertain the suit. ..... : '(1) whether this hon'ble court has jurisdiction to entertain and try the suit for the reliefs claimed therein in respect of the affairs of the 1st defendant company or its directors, the 1st defendant company being incorporated and registered in u.k (2) whether this hon'ble court has jurisdiction to entertain and try this suit with regard to the validity of the resolution dated 8th december 1970, and of the meeting held on that date (3) whether this hon'ble court has ..... section 69 of the indian partnership act, 1932, creates certain disabilities for partnership firms which are not registered under the provisions of the said act in respect of suits arising from contracts, but does not save such firm from being sued in respect of such contracts. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom369; (1972)74BOMLR316; ILR1972Bom978; 1972MhLJ661
..... the note together are challenged in the above petition inter alia on the ground that the deciding authority under section 2 - a of the hyderabad abolition of inams and cash grants act was the minister, revenue department of the government of maharashtra and he had not heard the parties before deciding the matter; and further that the learning of the appeal by the officer on special duty in the revenue and forest department was incompetent because he was not the state government, who alone could decide an appeal under section 2 - a of the ..... hyderabad abolition of inams and cash grants act ..... judicial powers are conferred can come to a judicial or a quasi - judicial decision without hearing all parties who are to be affected by his decision, and we must always assume that the legislature who has knowledge of judicial principles and rules of natural justice impliedly, if not expressly, incorporate these rules whenever they confer judicial functions upon a person or an authority. ..... 1928 to 1932 of 1966 and 1415 of 1967 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom88; (1971)73BOMLR715; 1971MhLJ956
..... pratapsingh 34 bom lr 167 : air 1932 bom 168 to the following effect :-'if there is a substantial alteration in a contract by the principal, without the consent of the surety, even if there be no extra prejudice to the surety which can be shown to exist, the surety will be discharged, because the court will not go into the question whether there has been any actual prejudice or not. ..... , while considering this question observed that although having regard to the definitions in section 126 of the indian contract act, sections 133, 135 and 139 cannot apply in terms to a transaction of the type, where the bond is given to the court, it does not follow that the principles underlying those provisions should not be applied mutatis mutandis. ..... on the point, therefore, whether a consent decree would be included within the expression 'a decree to be passed by the court', the decisions of the calcutta high court, madras high court, nagpur high court as it then was and the kerala high court are consistent and in agreement with the decisions of this court. ..... konammal, ilr 56 mad 625 : air 1933 mad 309 the madras high court held that the consent order had not the effect of releasing the surety. .....
Tag this Judgment!Court : Mumbai
Reported in : (1971)73BOMLR623; 1971MhLJ884
..... 's case the madras high court clearly held that section 46 of the income-tax act was not exhaustive of the remedies of the crown to recover arrears of income-tax due to the ..... save as otherwise provided by this act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of the assets of the deceased in cases of intestate succession shall be made or carried out, as the ease may be, in accordance with the provisions of this part.the answer on behalf of the respondents has been that section 217 cannot help the appellant because of the opening words of section 217 'save as otherwise provided by this act' ..... where the learned single judge held that having regard to the specific provisions of the bengal public demands recovery act (iii of 1913) no claim to preferential payment to the state of its debt in respect of sales tax out of the moneys in the hands of receiver appointed by the court could be allowed because the court in that case had passed an order directing the payment to the decree-holder prior to any intervention by the state ..... debts and simple contract debts,...the position under the indian law is also the same having regard to the provisions of section 321 of the indian succession act where the expenses of obtaining probate or letters of administration, including the costs incurred for or in respect of any judicial proceedings are to be paid next after the funeral expenses and death- .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom27; (1971)73BOMLR183; ILR1972Bom731; 1971MhLJ482
..... states that following the establishment of the consulate general of the second defendant in india at new delhi all the appropriate authorities in india were being informed about the change in the status of the regional trade representation of the second defendant at bombay, calcutta and madras to that of consulates of the second defendant and about the appointment of ..... bom lr 714 : air 1932 bom 271 is an authority for the proposition that where the rules of procedure do not provide for any specific procedure to be followed, the procedure by way of a notice of motion can be held to be the correct procedure by the court under its inherent powers under section 151 of the code of civil procedure. ..... the point for determination, shortly stated, was whether the court was bound to have regard to the basis on which the german democratic republic purported to act and that as the english government had never granted recognition de jure or de facto to that republic or its government, the english court must refuse to recognise as effective all legislation emanating from it, and all acts done under ..... the first is that the courts in england will not inquire into the validity of the acts of a foreign government which has been recognised by the ..... dicey on 'the conflict of laws', 8th edition, 1967 (at page 126) states :-'sovereign immunity is not limited to actions arising out of the foreign sovereign's official acts but extends also to his commercial activities and even to personal contracts like .....
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