Court : Mumbai
Reported in : (1970)72BOMLR418
..... . 83 it was held that a dispute between a society and the owner of a godown who happens to be a member of the society was not a dispute between the society and a member qua a member within the ambit of section 51 of the madras co-operative societies act, 1932, in coming to this conclusion the learned chief justice followed shyam co-operative society v ..... . 970 it was held that a dispute between a legal practitioner, who was a member, a director and the legal adviser of a co-operative bank, and the co-operative bank, arising out of matters relating to the legal practitioner's acts as the bank's vakil was not a dispute within the co-operative societies act (ii of 1912) or the madras co-operative societies act (vi of 1932) ..... and lodging house rates control act, 1947) gives exclusive jurisdiction to the court of small causes and accordingly the registrar had no jurisdiction to refer the dispute to his nominee ; and (4) that the petitioners should have been heard before the case was referred to the registrar's nominee and, therefore, the reference is bad.16. the principal questions which arise on the interpretation of section 91 are two ; (1) what is the meaning of the expression 'touching the business of the society ' and (2) what is the meaning of the expression 'a person claiming through a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom231; 1970MhLJ330
..... , which is the defendant to the suit and the second respondent in both the writ petitions, was registered under the companies act in accordance with the provisions of proviso (a) to section 28(2) of the maharashtra agricultural lands (ceiling on holdings) act; and it is not disputed that the entire share-holding of the said company was not only owned by the state government, but its board of directors consisted wholly of nominees of the state government, the revenue minister for the time being, being the chairman of the board of directors of the said company. ..... in the event of my being wrong in the view which i have taken above, and if the view taken is that the stipulation in the contract in regard to the price at which sugar-cane is to be supplied by the defendant-corporation to the plaintiff-company is not stated in clear terms in the contract, the question that arises is whether it is permissible to the court to consider the circumstances surrounding the entering into of the said contract as an aid to its interpretation by virtue of the provisions of proviso (6) to section 92 of the evidence act. ..... i do not think hillas's case 1932 all er 494 is, therefore, of assistance to me in deciding the question of admissibility of extrinsic evidence as an aid to the interpretation of a document in the manner contemplated by proviso (6) to section 92 of the indian evidence act.22. .....
Tag this Judgment!Court : Mumbai
Reported in : (1969)71BOMLR587; 1969MhLJ621
..... which declared that the act was being passed because it was expedient to constitute a medical council in india in order to establish a uniform minimum standard of higher qualifications in medicine ..... under the provisions of section 11(2) of the act, the central government was required to consult the council in the matter of recognition of any medical qualification for inclusion in the first schedule implied a power in the council to prescribe standards of education for obtaining such medical qualification, and this interpretation was reinforced by reference to the preamble to the act which states that the act is made to provide for the reconstitution of the medical council of india, and the maintenance of a medical register for india and for matters connected therewith, as well as the preamble to the act of 1933 ..... the genesis of this legislation is to be found in the statement of objects and reasons with which the bill on the subject was introduced in march 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom59; (1969)71BOMLR253; ILR1970Bom68; 1969MhLJ234
..... 4, 8 and 9 empowering the government to alter protective duties, to impose additional import duty on bounty-fed articles, and to levy special import duty on sugar; the sugar industry (protection) act (act xiii of 1932), section 4 empowering the government to increase the duty on imported sugar; the salt (additional import duty) act (act xiv of 1939) section 4 empowering the government to impose additional duty on imported salt' it is then observed that the legislation will certainly be upheld if it lays down an intelligible principle for fixation of the rate which can be implemented ..... by the administrative agency. ..... in this case, the constitutional validity of section 11 (1) of the madras commercial crops markets act, 1933, was under examination. ..... state of madras. .....
Tag this Judgment!Court : Mumbai
Reported in : [1968]22STC116(Bom)
..... it is not necessary for us to refer to the actual decision in the said case which was in regard to the provisions of the madras general sales tax act, 1959, but the supreme court has, in its judgment in the said case, taken the view that the respondent society before it, which was a registered society, was a body corporate capable of holding property and was, therefore, a 'person'. ..... 317 delivered on 23rd november, 1967, in which the question arose in regard to the liability of the society which was the respondent in that appeal and which was a society registered under the madras co-operative societies act, 1932. ..... in order to make the applicant-society liable for sales tax in respect of the supply of ice to its members, under section 3 of the bombay sales tax act, 1959, it is necessary to establish (1) that the applicant-society is a 'dealer' within the terms of section 2(11) of the said act; (2) that the said activity amounts to a 'sale' by the society to its members; and (3) that the turnover in respect of the supply of ice during the year in question exceeded the taxable limit of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom40; (1968)70BOMLR195
..... for these reasons, according to him, having regard to the observations of the supreme court in the case of : [1953]4scr1159 and what has been held by the high court of madras in : air1954mad1057 the order in appeal should be held to be not a judgment ..... the reason why the learned judge stated in the judgment that 'there is now no dispute that the present suit must be deemed to have been filed on the 24th of december 1965' was that the plaintiffs being aware of the rules 100 to 105 of the original side rules relating to the institution of suit and the fact that the plaint was 'lodged' ..... was that when the plaintiffs submitted the plaint along with the leave application the plaintiffs had duly presented the plaint to this court and had accordingly instituted the suit within the meaning of the provisions in order vi rule l of the code of civil procedure as discussed in the case of ramgopal ..... he has submitted that the question about the date of the institution of the suit was allowed by the plaintiffs to be decided by the trial court on a concession that though the suit had been 'admitted' on january 10, 1966, since the plaint was 'lodged' on december 24, 1965, the suit must be 'deemed' to have been instituted ..... mind, the obtaining of the leave of the judge and the admission of the plaint does not affect in any way the presentation of the plaint for the purposes of the indian limitation act. ..... the plaint in that case was handed over to an officer in the prothonotary's office on may 25, 1932 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom13; (1968)70BOMLR212; ILR1968Bom998; 1968MhLJ468
..... on behalf of the union of india it was argued before the court that it was one of the functions of the union to keep the army in proper shape and trim, that the hockey and basket-ball teams were carried by the vehicle for the physical exercise of air force personnel, and that the union of india was therefore not liable for the tortious act of the driver of the vehicle. ..... , and to seize property found with him, are powers conferred on the specified officers by statute and in the last analysis, they are powers which can be properly characterised as sovereign powers; and so, there is no difficulty in holding that the act which gave rise to the present claim for damages has been committed by the employees of the respondent during the course of its employment but the employment in question being of the category which can claim the special characteristic of sovereign power, the claim cannot be sustained. ..... after referring to the distinction between acts done in the exercise of sovereign power and other acts the full bench observed:-'applying this test to the present case it is difficult to see how it can possibly be held that such a routine task as the driving of a truck loaded with coal from some depot or store to the general headquarters' building at simla, presumably for the purpose of heating the rooms, is something done in exercise of a sovereign power, since such a thing could obviously be done by a private person. .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR472; 1967MhLJ799
..... procedure code he would have been entitled to resort to the ordinary courts to enforce the obligations of the special trustees, and to obtain all appropriate relief for the protection of the interests of the temple, we do not think that such right was intended to be affected by section g39 of the civil procedure code if that section were held to apply to the case of a person in the position of the present plaintiff, the rights which he had prior to the enactment would be seriously restricted, inasmuch as the exercise of his rights would be made dependent ..... justice shah pointed out:.taking the plaint as a whole, it seems to me that it is a suit for the removal of the defendants from their position as trustees, for the restoration of the trust property to the plaintiff as the muktesar appointed by the temple committee, for taking accounts, and for damages for their wrongful acts as trustees, such a suit would be clearly within the scope of section 93 of the code.he further went on to say :this is not a suit against strangers as contended by mr. ..... varadachari relied upon a decision of the madras high court in sankaranarayanan v. s.p. ..... bantu tevar a.i.r [1932] mad. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom21; (1967)69BOMLR287; 1968CriLJ23; 1967MhLJ171
..... the latter part of the provision 'the prosecution is otherwise terminated' is intended to meet such cases, and here again, it is the end of that proceeding which is operative for all intents and purposes and governs the point of time when the period begins to run.in our view the first part of this provision is indicative of the meaning to be attached the letter part, and it could only mean the first terminal point when the prosecution ends in the first court, for the reason that the effect of such an ending is the same ..... in the result, the court held that, if the acquittal is followed by other proceedings, the prosecution is terminated not by the acquittal but by the order passed in the subsequent proceedings and this construction found support in the earlier decision of madras high court. ..... the privy council was not considering the provisions of the limitation act, and therefore, the observations regarding facts to be proved in such a prosecution can hardly be applied to the construction of the limitation act. ..... on july 12 1932, the appellants filed a suit in the district court for damages for the decision of the privy council in balbhaddar singh v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR512
..... as has been rightly pointed out in one of the madras, decisions to which i have already referred, it is not open to take a contrary view having regard to the binding pronouncement of the judicial committee of the privy council in the case of bahoo ganesh dutt singh v. ..... is absolute privilege where the statement is pertinent to the inquiry, this does not hold good when the statement is entirely irrelevant to it.this decision has been followed in a later judgment of the madras high court reported in ..... enable a judge, party, witness, counsel or attorney to discharge his duty with a free mind uninfluenced by any fear of any action being taken against him and if the same sound public policy holds good, in india, it is a little anomalous that in regard to words spoken or uttered by him in the conduct of a ease before a judicial tribunal an advocate should be absolutely immune from any civil action in damages and that he should not be so absolutely immune if a ..... not a matter of statute it is inherited from the english common law and is applicable in india by virtue of the principle that the indian courts in default of special legislation are to apply the rules of equity an d good conscience which include the english common law of defamation.therefore, a civil action of defamation in india, in respect of statements made to a magistrate for the purpose of getting him to act within the scope of his authority, must be governed by the rule of english common law which makes such statements ..... 1932 .....
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