Court : Mumbai
Reported in : AIR1966Bom169; (1966)68BOMLR74; ILR1966Bom728
..... 475, the partitio the coparceners property setting aside the share if the widow to which she is entitled in the her own rights of the divide the share o the decases decree make proper provision for the maintenances and marriage provision for the maintenances of and marriage expenses of the daughters and award the widow her due shares in the coparcener property and divide the property of her husband amongst the heirs. ..... 14 of the hindu succession act ,the legislature merely intended to declare the rule enunciated by the privy to declare the rule enunciated by the privy council pratapmulls case his lorship considered the combined effect of section 4 and 14 of act and held the preliminary decree having declared the rights in favour of khillonabai, she become entitled to the absolute rights in the property. ..... but the legislature by enacting the hindu women's rights to property act 1937, made a significant departure of the branch of the law the act gave a hindu widow the same interest in the property which her husband had at time of his death and if the ester was partitioned she become owner in seperately other share, subject onth peculiar rule of extinction of the estate of the death autal our civil. ..... basappa puradappa : (1932)34bomlr1325 where is it held that from the value of such must be deducted the value of any stridhan received by her as gift from her father-in-law or her husband. .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR903
..... for the appellants that an application under section 110 of the motor vehicles act was ..... notice in writing has been, in the case of the corporation, left at the chief municipal office and, in the case of the commissioner, the general manager...delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney or agent, if any, for the purpose of such suit ; nor(b) unless it is commenced within six months next after the accrual of the cause of action.6. before the tribunal, it was contended ..... . province of madras : (1947)49bomlr794 and in government of bombay v ..... . kundan singh i.l.r (1932) lah .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom126; (1965)67BOMLR644; ILR1966Bom312
..... 256 [of ilr 22 mad] there is the report of the another decisions of division bench of the madras high court to which also the learned judge was a party, [venkata chandrappa v. ..... 5 of the bombay court - fee act 1959 provided that o documents of any of the kinds specified to this act annexed shall be filed, second schedule to this act record in any court of justice, unless in respect of such document there has been paid a fee of an amount not less than that indicated in either of the said schedules as the proper fee for such document. ..... section 14 and 19 provides for decrees being passing in such cases section 13 of the hindu marriage act being provides for a petition begin presented to the court by either the husband o the wife for dissolution of marriage by a decree for divorce on the ground specified in this section. ..... (18) it seems to us that the order that there may be no doubt in the matter, government may consider whether the court - fee act should not be amended and specific provision made therein for the levy of court - fees in respect of third party notices. ..... section 10 of the indian divorce act, 1869 states that the any husband may present that petition of district court praying a petition of the husband marriage may is dissolved on the ground that his wife had been guilty of adultery. .....
Tag this Judgment!Court : Mumbai
Reported in : [1967]37CompCas656(Bom)
..... in number representing three-fourths in value of the creditors, or class of creditors, or members, or class of members, as the case may be, present and voting either in person or, where proxies are allowed under the rules made under section 643, by proxy, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the court, be binding on all the creditors, all the creditors of the class, all the members, or all the members of the class, as the case may be and also on the company, or in the case of a company which is being wound ..... sub-sections (2) and (3) of section 14 of the act provide that if the collector is satisfied that the returns furnished in respect of any period are correct and complete, he shall assess the amount of the tax on the basis of the returns, and that where he is not so satisfied, he will make a further inquiry and assess the amount of the tax due from a dealer. ..... cas.64; 33 bom l.r.1495 ; a.i.r.1932 bom 78. ..... jhaveri [1932]2 comp. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom122; (1965)67BOMLR472; 1966CriLJ400
..... in view of the what i have stated above, one the reason for the imposing only a sentence of the fine, which according to the learned magistrate, was the contributory negligence oft part of the grills disappears the sentence of the only fine is the highly inadequate even if the might otherwise appear comparatively to the heave. mr. ..... jethmalani has made a grievance that the learned magistrate was wrong in estimates the speed by adding the length of skid marks and the distance between the point where the distance between the point where the try mark ended and the one point where the car had halted from the table furnished by the rule no. ..... when one does not an act with utter indifference to be consequences of the which the doer may be conscious and which he hopes ma not taken places, one is said to the rash, while criminal negligence is neglect to take the that precaution of which a reasonable and the prudent person is expected to the taken under the circumstances obtaining to given case. ..... having regard clauses (v) of the regulations, which imposes a restriction of the pedestrian, the least that the one can say is that the driver of the vehicle approaching a pedestrian crossing must keep a look - out to see if the any pedestrian is trying to the cross the road at the point. ..... harcourt = rivington [1932] 146 lt 391. .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR306; 1965MhLJ523
..... section 51 of the madras co-operative societies act, 1932, contains similar provisions about the settlement of disputes between a co-operative society and its ..... 970 the madras high court has held that in order that a dispute can be dealt with by the registrar under section 51 of the madras co-operative societies act, it must be a dispute between the society and a member in his capacity as a ..... is, however, recognised that such a person is, nevertheless), a proper party to the suit in order that the question whether the lease has been properly determined and the landlord plaintiff is entitled to recover possession of the premises may be decided in his presence so that he may have the opportunity to see that there is no collusion between the landlord and the tenant under or through whom he claims and to seek protection under the act (rent act), if he is entitled to any. ..... that case it was decided that a dispute between the appellant and the co-operative bank, of which the appellant was a member, arising out of the matters relating to the appellant's acts as the bank's vakil, was not a dispute to which the act applied and that the registrar had, therefore, no jurisdiction to deal with the matter. ..... november 12, 1963, he was informed by the assistant registrar that the question whether the matter fell within the purview of section 91 of the act had been already considered before referring the same to the registrar's nominee and that consequently the petitioner's application had been filed. .....
Tag this Judgment!Court : Mumbai
Reported in : [1966]59ITR31(Bom)
..... (2) the profits of any co-operative society other than the sanikatta salt-owners' society in the bombay presidency for the time being registered under the co-operative societies act, 1912 (ii of 1912), the bombay co-operative societies act, 1925 (bombay act vii of 1925) or the madras co-operative societies act, 1932 (madras act vi of 1932), or the dividends or other payments received by the members of any such society out of such profits.' 4. ..... the following classes of income shall be exempt from the tax payable under the said act, but shall be taken into account in determining the total income of an assessee for the purpose of the said act : (1) the interest on government securities purchased through the post office, and held in the custody of the accountant-general, posts and telegraphs, provided that the exemption shall apply only to interest on securities so held on account of any one assessee up to a face value of rs. ..... 's case, that business income is broken up under different heads only for the purpose of computation of the total income : by that break up the income does not cease to be the income of the business, the different heads of income being only the classification prescribed by the indian income-tax act for computation of income.' 12. .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR443
..... shall deposit the same with the bankers of the firm.he has, however, not been able to explain the next item in the minutes, the relevant portion of which runs thus;(16) if in future any further moneys are required to be spent the same shall be spent out of the recoveries of the firm and no partner shall be bound or responsible to bring in any further moneys....reading the two together the meaning seems to be only this that as working partner the appellant should carry on the work of recovery of the dues of the partnership and ..... in such a case, how can it be said that he has been guilty of a breach of trust and has acted dishonestly towards his co-partners, if an account would show that he was entitled to everything which he had retained?he has referred to a number of decisions, of the indian high courts in some of which the view taken in okhoy coomar shaw's case was followed. ..... chatterjee finally contends that the act of the appellant will at least amount to dishonest misappropriation of property even though it may not amount to criminal breach of trust and, therefore, his conviction could be altered from one under section 406 to that under section 403. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom70; (1965)67BOMLR234
..... , that the two speeches of morjaji desai, the then finance ministers, one of the all - india radio on the eye of the proclamation of the gold control rules and the other made in the parliaments whe nthe gold control rules were palced on the table under s 41 of the defence of the india act, are relevant i also agree with the view taken by him that neither the speech made by the deputy minister on the floor of the parliament while introducing the new customes bill nor the speech made t.t. ..... necessarily, therefore there is no speech by the sponsor in the parliament at the time of the introduction as such but the broadcast of the finances minister on the eve of the promulgation of these rules can as well be equated with the speech of the sensor at the introduction of the bill, explaining the position prevailing which necessitated the bill similar would also be the case of the speech made by the finance minister of the 6th march 1963. ..... special powers act, 1932, made instigation of not to pay or deter payment of the any liability not offence punishable with imprisonments which may extend to six months. ..... hindu religious endowments, madras v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1963MhLJ382
..... person is liable under this act, direct the refund to the employed person or his legal representative as the case may be of the amount deducted or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding twenty-five rupees in the latter and the authority may direct the payment of such compensation in cases where the amount deducted or the delayed wages are paid by the employer to the employed person or ..... and then involves four requisites : (1) the presentation (not necessarily orally) of their case by the parties to the dispute; (2) if the dispute between them is a question of fact, the ascertainment of the fact by means of evidence adduced by the parties to the dispute and often with the assistance of argument by or on behalf of the parties on the evidence; (3) if the dispute between them is a question of law, the submission of legal arguments by the parties; and (4) a decision which disposes of the whole matter by a finding upon the facts in dispute and an application of the law of the land to the facts so found, including where ..... 339 of 1932 the government pleader has moved this court that opponents 1 to 3, viz., s. k. .....
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