Court : Mumbai
Reported in : (1971)73BOMLR229
..... at the time of the removal of the article chargeable with duty from the factory or other premises aforesaid.in both the clauses (a) and (b) of the section the following relevant phrases appear:- .price ....at the time of the removal of the article chargeable with duty from the factory ...for delivery at the place of manufacture or...the relevant provision applicable to both the above clauses which appears in the explanation to the section is 'in determining the price...no abatement or deduction shall be allowed except in respect of trade discount and the amount of duty payable at the time of the removal of the article ...from the ..... the above language in the two clauses and, the explanation is indicative of the true nature of the duty of excise levied under the act, as can be found from the observations in several decisions including the pronouncement of the privy council in the above referred two authorities, the intent and purpose of entirely similar provisions in the sea customs act was that the loading on price after importation of the goods was not permitted in charging the customs duty. ..... the petitioners organise sales of the goods of their manufacture from their head office at bombay and from branches at calcutta, delhi, madras, bangalore, cochin and lucknow. ..... secretary of state : (1932)34bomlr1057 . .....
Tag this Judgment!Court : Mumbai
Reported in : (1970)72BOMLR723
..... )2mlj230 a single judge of the madras high court, after referring to the threefold protection afforded to parties interested in the will as against an executor or administrator under section 317(4), section 263 explanation (301 and 302 of the indian succession act, a person interested in the estate can move the court to scrutinise the accounts filed under section 317 in order to show whether the executor has so misconducted himself as to make it necessary for him to be removed, and the court can also scrutinise the accounts suo motu for ..... nariman that the court has no power or jurisdiction to require the account to be examined by the commissioner for taking accounts, pushed to its logical conclusion, would lead to the absurd result that the court must, in all solemnity, accept just any scrap of paper with any figures scribbled on it as being a discharge of the obligation undertaken by the executor in terms of his oath as well as of the statutory obligation laid upon him by section 317 of the indian succession act, and regard the same as final as far as the proceedings on the testamentary side .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom237; (1971)73BOMLR42; ILR1971Bom457; 1970MhLJ419
..... in order to determine what is the leading and principal object of the instrument which we are asked to construe, whether the other clauses which it is possible to argue attract separate stamp duty are accessory to that object or not and whether these clauses are ancillary to the leading object or are separate and distinct, must in india depend upon the provisions of the indian partnership act, 1932, and the bombay stamp act, 1958.8. ..... of salt, abkari and separate revenue, madras, in re ilr 43 mad 365=air 1920 mad 225, a full bench of the madras high court held that a sale deed in which the vendor mortgages lands not included in the sale as security for the due performance of his covenants need not be stamped both as a sale and a mortgage. ..... such a provision is quite unusual in sale deeds, even so, the madras high court decided that the stamp duty would be payable on the sale deed because the sale is the leading object of the instrument.15. ..... it was held by the full bench of the madras high court that the payment of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : [1970]77ITR140(Bom)
..... it is not necessary to decide in that connection as to whether the agreements of finance of the nature as appearing in this case can be described as creating trading relationship between the lenders and/or borrowers, the question is whether the agreement made by the assessee-company to pay damages to the lenders for termination of these agreements can, under the above circumstances, be held to be an agreement for procreation of any capital asset or any asset of an ..... reliance is placed appear at page 431, where, in connection with the three agreements which were cancelled by consent of parties, the observation was that they 'were not ordinary commercial contracts made in the course of carrying on their trade ; they were not contracts for the disposal of their products or for the engagement of agents or other employees necessary for the conduct of their business; nor were they merely agreements as to how their trading profits when earned ..... during the second world war, its business activities were discontinued after 1941, on account of export restrictions in other countries and the requisition by the government of india for purposes of the war of the company's installations at bombay, madras and ..... the company prayed for accounts on the footing that the usurious loans act and the bombay money lenders' act applied to the loans advanced under the ..... the applicant-company has been carrying on business of importing and distributing petrol, kerosene oil and other allied products since 1932 .....
Tag this Judgment!Court : Mumbai
Reported in : (1971)73BOMLR481
..... been held by this court in many subsequent cases that a minor cannot be bound personally by a contract entered into by a guardian which does not purport to charge his estate, and this promissory note, therefore, cannot bind the ward personally, nor does it purport to charge his estate.this decision also does make a distinction between personal liability imposed on a minor without reference to a transaction relating to minor's property and a transaction relating to such property ..... if any of the covenants incorporated in the sale deed are broken by a guardian or the statutory covenants embodied in section 55, transfer of property act are not carried out, it cannot be contended that they could not be enforced against the guardian representing the minor.after the sale deed was executed if the guardian did not pay the consideration certainly the vendor could recover the money from the estate of the minor. ..... 40) :the learned judge did not express his final opinion in the case of agreement of sale by a guardian on behalf of a minor as obviously he could not do so contrary to the decisions of the full bench and division bench of the madras high court. ..... nathu (1932) 84 bom. l.r. ..... (1932) bom. .....
Tag this Judgment!Court : Mumbai
Reported in : (1970)72BOMLR385; 1970MhLJ809
..... mistake was discovered by the plaintiff as a result of the supreme court ..... from the facts as proved on evidence the plaintiff was aware from the first date of payment of tax under the said act that the provisions of that act and levy and collection of tax were ultra vires the constitution and illegal from the very inception and as such the cause of action for refund had arisen in favour of the plaintiff on the footing of moneys had and received as from the first date of payment under article 62 of the limitation act, 1908, notwithstanding the plea that the ..... matter, and such delegation had been done without any policy or principle or guidelines having been laid down by the legislature by reference to which the state government could implement the provisions of the act, according to him, the said taxing provisions authorised the state government to fix the rate of tax as also to select any individual competition and fix the enhanced rate of tax thereon arbitrarily and indiscriminately without any standard or guidance having been provided for in that behalf .....
Tag this Judgment!Court : Mumbai
Reported in : (1970)72BOMLR797
..... went before the supreme court on the question of the cancellation of the bail of accused no, 2 that court in the concluding paragraph of its judgment observed that, from the correspondence placed before it, it did appear that during the pendency of the appeal the prosecution had refrained from taking any steps for the examination of the german witnesses and that the delay in the examination of those witnesses was caused entirely by the laches of the prosecution, and it was for that reason that the supreme court directed that the order cancelling the ..... cases of delay, expense or inconvenience and in particular the procedure by way of interrogatories should be resorted in unavoidable situations.the supreme court came to the conclusion that the magistrate had acted improperly in having essential witnesses examined on commission, and that the accused had not had a fair trial, and it, therefore, allowed the appeal and remitted the case for retrial, according to law, to the court of the first instance in the light of the observations' made by it. this decision of the supreme court, in my opinion, lays down four ..... in the order passed by the madras high court in the decision reported in me grath v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom45; (1969)71BOMLR853; ILR1970Bom666; 1970MhLJ207
..... it may also be mentioned that though it was the respondents' allegation that the property was sold in execution of the decree, they did not and could not produce any sale certificate of the court, in the revisional application the learned counsel relied upon the decree to show the nature of the suit, the names of the parties and the ultimate decree made bythe court and on the basis of that decree he tried to contend that the lilav patti must be accepted and also the case of the respondents. ..... 226 and 227 of the constitution as they originally stood, would have no jurisdiction to entertain the application, in as much as the order of the custodian had merged in the order made by the custodian-general, whose office was not situated within the jurisdiction of this high court. ..... in my view, the basis of order 47, rule 1 of the code of civil procedure requiring that an appeal should not have been filed or that an appeal should not lie seems to be that, once an appeal is filed before the appellate court and that appeal is dismissed the trial court's decree must necessarily merge in the appellate court's decree with the result that the trial court's decree has no independent existence apart from the appellate court's decree.7. mr. ..... 182(2) of schedule i of the indian limitation act, 1908 would include a revision application orany application made to a superior court for reversing the order of the inferior court. ..... this principle has been applied by the high court of madras in chidambara v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1969)71BOMLR732
..... . on the other hand, the inquisition might say that the death of the deceased was caused by the criminal act of another, and yet the police, upon the material available to them, might decide to take no action upon the inquisition.if that be the correct position with regard to any adverse finding that may be recorded against the suspect at the end of the inquest, it is clear that the purpose of the inquest proceeding so held by the coroner is not ascertainment of some right or liability and in the absence of such purpose the proceeding would not be a 'judicial ..... proceeding'.8. mr. cooper for the ..... v. mahomed yusuf (1932) 35 bom. .....
Tag this Judgment!Court : Mumbai
Reported in : [1969]39CompCas436(Bom)
..... the petition was made under section 433(e) read with section 434(1)(a) of the companies act and in exercise of its powers under the act it seems to us that the court has a clear discretion notwithstanding the indebtedness of the company to order or not to order the admission of the petition for winding up of the company. ..... although in the foregoing discussion we have dealt with the arguments as if it were a question of execution of a decree and order we must stress here that the learned single judge was exercising was jurisdiction under the companies act and that under the companies act many more circumstances than the mere debt payable by the debtor-company and receivable by the creditor have to be considered. ..... for extension of time made on this summons on four grounds : (1) that the order in the present case was a consent order which could be set aside or varied only by consent; (2) that the said order was a self-operative order and the court had no jurisdiction to set it aside after the time fixed had already expired and the court had become functus officio; (3) that the company, having obtained certain advantages by reason of that consent order, should be estopped from ..... 10 in the said suit thereafter took out a notice of motion for stay of the sale so fixed, until further orders of the court, or, in the alternative, until some date in april or may, 1932. ..... abdullabhai a.i.r 1932 bom. .....
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