Court : Mumbai
Reported in : [1963]49ITR671(Bom)
..... that section is in the following terms : '(6b) 'firm', 'partner' and 'partnership' have the same meaning respectively as in the indian partnership act, 1932 (9 of 1932), provided that the expression 'partner' includes any person who being a minor has been admitted to the benefits of partnership.' 17 ..... says that gulu has been admitted only to the benefits of partnership, the assessee acting both on his own behalf and on behalf of his minor daughter, showing both of them as parties to the instrument, as signing the instrument on behalf of both as other partners have, the distribution of profits to gulu as to any other partner, and absence of any saving clause in respect of the liability of gulu for loss, in our opinion, it is not possible, on a true construction of the instrument, to hold that gulu has been ..... admitted only to the benefits of partnership and has not been ..... whether, on the facts and in the circumstances of the case, the appeal of the assessee was barred under the second proviso to section 30(1) of the act and 2 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom157; (1963)65BOMLR29; ILR1962Bom743; 1963MhLJ841
..... having regard to the very purpose of the enactment of arbitration act of 1940 amongst others, the one of preventing useless litigations, resulting in waste of money and energies of the parties, one cannot help consume these provisions to mean that whenever there is a dispute as to the existence of a contract of arbitration, the parties may choose to adopt one or the other of the following courses : (1) the party affirming the existence of the contract of arbitration may approach the court to have it determined either under sections 31 and 32 read together, or approach the court under section ..... hussain ali and sons, : air1951mad879 (1), the madras high court following the case of : air1940bom93 refused to stay the suit as the agreement itself was denied.7. ..... in 34 bom lr 697: air 1932 bom 341 that mere denial of the contract without more must render the award without jurisdiction. ..... except the cases of 34 bom lr 697: air 1932 bom 341 and 59 bom lr 1053, no authority has been cited before us in which such a wide proposition has been formulated. ..... in the first case, 34 bom lr 697 : air 1932 bom 341 an appln. ..... , 34 bom lr 697: air 1932 bom 341, shriram hanutram v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1963)65BOMLR183; 1963MhLJ164
..... the section is:subject to the provisions of this act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows:(1)where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he is the manufacturer ..... or producer or not), there is an implied condition that the goods shall be reasonably fit for such purposes:provided that, in the case of a contract for the sale of a specified article under its patent ..... stevenson [1932] a.c. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom230; (1962)64BOMLR731; ILR1963Bom45; 1963MPLJ9
..... sreeranga, air 1945 mad 422 in the case of an agreement under section 14 of the madras debt conciliation act, 1936, the court applied the provisions of order 34, rule 5, and the learned chief justice observed:'in an ordinary mortgage suit there must be a preliminary decree, but we have here, by the operation of the debt conciliation act, what is in effect a final mortgage decree without there being a preliminary decree and we think that order 34, rule 5 applies ..... after the amendment, section 60 provides for the rights and liabilities of the mortgagor and says that the mortgagor has a right of redemption after the mortgage money becomes due and provides that it is available to him unless it has been extinguished by the act of parties or by a decree of the court. ..... it is argued on behalf of the appellants that order 34, rule 5, must apply to the present case since rule 33 of the rules made under the co-operative societies act provides that the decision of the registrar shall be executed as a decree ..... he held that the decision of the registrar under the rules framed under the co-operative societies act is neither a preliminary decree nor a final decree in terms of the provisions of order 34 of the code of civil procedure ..... now, before we consider the question on the actual wordings of the co-operative societies act and order 34, rule 5 of the code of civil procedure, it is necessary to consider when and in what circumstances the rights of a mortgagor to redeem his property are .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom268; (1962)64BOMLR356; ILR1962Bom538
..... 'in answer to an argument that the motive of the author of the pamphlet was an honest one, in that it was to expose the errors of the catholic religion in the matter of confession and cause a reformation of the same, the learned judge admitting that the motive was an honest one observed:'yet i cannot support but what they had that intention which constitutes the criminality of the act, at any rate, that they knew perfectly well that this work must have the tendency which, in point of law, makes it an obscene publication ..... , namely the tendency to corrupt the minds and morals of those ..... (5) for the petitioner, however, reliance is placed on geoffrey wladislas vaile potocki de montalk, (1932) 23 app. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom263; (1962)64BOMLR274; ILR1962Bom483
..... we are asked that when the chief operating superintendent, central railway, stated'and whereas the said acts constitute offence punishable under section 161, of the indian penal code, 1860, and section 5(2) read with section 5(1) (d) of the prevention of corruption act, 1947 (act ii of 1947)'we should read into them words that the first offence referred to in the earlier paragraph was an offence under the penal cod, and the subsequent offence was one under the prevention of corruption act and, therefore, the prosecution as now launched ..... (8)even assuming that we are wrong and the sanction is anticipatory and the police officer had no right to investigate into the offence of the 2nd of august, we are of the opinion that the subsequent entertainment of the complaint by the learned judge and its ultimate trial and conviction of the accused cannot be affected, and to that extent, we are in disagreement with the learned judges of the saurashtra high court. mr. ..... chandri, air 1925 bom 131 has been explained in the principle of shivaswami, 29 bom lr 742: air 1927 bom 440 and raghunath's cases, 34 bom lr 901: air 1932 bvom 610 has been accepted and followed. ..... raghunath, 34 bom lr 901 : air 1932 bom 610. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom7; (1962)64BOMLR219; ILR1962Bom266
..... the learned judge relying upon the provisions of section 616 of the indian companies act) which provides that the provisions of the companies act shall apply to insurance companies except in so far as the said provisions are inconsistent with the provisions of the insurance act, 1938, was of the opinion that the jurisdiction of the high court was not excluded either by the definition of the word 'court' as given in section 2(6) of the insurance act or by the provisions of section 53 of that act. ..... ' thus, what a court can wind up under section 53 ofthe insurance act is any insurer being a company,association or partnership which may be wound up under the companies act or to which the indianpartnership act, 1932, applies. ..... it is undisputed that in this country we have got states each of which has got a high court but it is only a few of these high courts that have got ordinary original civil jurisdiction, such as bombay, calcutta and madras; other high courts have got no ordinary original civil jurisdiction. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom236; (1962)64BOMLR280; ILR1962Bom452
..... justice madgavkar followed the full bench decision in ilr 47 mad 483: air 1924 mad 494 disagreeing with the calcutta and allahabad high court and previous decisions of the madras high court in the other cases, observed that he preferred the wide construction adopted by the majority of the learned judges in ilr 47 mad 483: air 1924 mad 494. ..... it is not necessary to consider, air 1952 tra-co 414 and : air1960ap634 since they followed the madras full bench case. ..... normally, therefore, unless it was shown by any one that dagdu and daulat were separated members, the ordinary presumption would be that they were members of a joint family and the remark of the learned judge, therefore, that dagdu was a strager and that there would be no consent on half of adult cannot be accepted. ..... applying article 11 was that in the code of 1859 same period of limitation applied to a suit to challenge orders in claim petitions in cases where attachment was levied in execution proceedings and in cases where attachment was levied before judgment and that 'this did not cease to be any the less a cardinal and most essential feature of this procedure, when in the supposed interests of uniformity the period of one year was omitted from the code and transferred to the limitation act of 1871. ..... 117 by three separate deeds being exhibits 105 , 106 and 107 d/- 22-5-1933, 16th july, 1931 and 22nd june, 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : [1963]47ITR383(Bom)
..... clauses which in express terms transcend or contravene the provisions of section 30 of the partnership act, then it is invalid in law; but, when there is no such contravention in express terms by any of the clauses of the instrument of partnership, then the court must see whether the construction leading to the validity of the deed is possible and, if such a construction is possible, the court must hold that the deed is a valid deed admitting the minors only to the benefits of the partnership and not admitting them as full-fledged ..... section (1) of section 66 of the indian income-tax act and the question referred to us is in the following terms : 'whether, on the facts and circumstances of the case, the assessee firm was rightly registration under section 26a of the act of the assessment years 1955-56 and 1956-57 ..... entitled to this agreed share and can inspect books of accounts of the firms he will not be personally liable for the debts and obligations of the firm, though his share in the property and the profits of the firm will be liable for the same; he can being a suit for accounts and for his distributive share when he intends to sever his connection with the firm but no otherwise; and within six months of his attaining majority ..... the view taken by the bombay, madras and patna high courts was that, where a minor is admitted as a full partner by other partner, the document could be registered after interpreting it to mean that the minor has been admitted to the benefits of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom35; (1964)66BOMLR612
..... marks and passing off quoted the above observation of lord justice romer and declined to accept a novel construction sought to be put by the counsel for the plaintiff on the language used in section 39 of the act of 1995 which had in effect figured on the statute book for fifty four years ever since the act of 1875 to the effect that the right of a proprietor of a trade mark extended from a right of a proprietor of a trade mark extended from a right to prevent deception as to the origin of the goods into a right to control dealing ..... (1932) 49 rpc 88, lord russell of killowen in this connection observed (at page 107) as follows : 'nor is it in my opinion necessary in this connection to establish that the mark has been recognised by the public as a mark distinctive of the user's goods. ..... had failed to establish that they had acquired a reputation under that mark such as would justify a conclusion advertising of the mark, 'gro-pup' dog food in american periodicals which had some circulation in the united kingdom; (2) that the conduct of the applicants in relation to the adoption of the name 'gaines' together with their attempts to register in the united kingdom the marks 'pard', 'rival' and 'gro-pup' being marks already in use in america, in respect of dog food, was such that .....
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