Court : Mumbai
Reported in : AIR1962Bom191; (1961)63BOMLR975; ILR1961Bom977
..... paranjape contended that section 52 of the transfer of property act or the principles underlying that section do not apply when the right to bring the sale the mortgaged property had been conferred upon the mortgagee under the instrument of mortgage and that that section applied only when such right was purported to be created for the first time during the pendency of the suit. ..... in madras, however, the extension of the doctrine to cover the case of an involuntary alienation in execution of a mortgagee decree has been refused, see 63 mad lr 394: air 1932 mad 566, chinnaswami padayachi v. ..... shrikhande for the appellants-defendants that, in view of the principles embodied in section 52 of the transfer of property act the auction purchaser must be regarded as representative of the judgment-debtor girgouda patil and therefore in the auction sale held on 20th april 1939 in babaouda's darkhast no. ..... after the final decree was passed in that suit, the judgment-debtors applied for amendment of the decree under the provisions of the agriculturists relief act and got the decree appropriately amended. ..... act, can properly be applied is the creation of the mortgage itself, not the subsequent sale in the enforcement of the mortgage. ..... 52 of the transfer of property act, that suit was still pending. ..... act does not apply in terms to sale held in execution of a decree, the principle of lis pendens applies to such court sales also. .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR628
..... then, as regards the power of transfer to the assistant judge, the learned judge held that the district judge was empowered under section 16 of the bombay civil courts act to refer to the assistant judge any matter under the special enactment and, therefore, the district judge was competent to transfer the election petition for trial to the assistant judge and thus the assistant judge was held competent to try the election petition.5. ..... proclamations issued, authorities and powers conferred, farms and leases granted, records-of-rights and other records framed or confirmed, rights acquired, liabilities incurred, times and places appointed, and other things done under any of the enactments hereby repealed shall, so far as may be, be deemed to have been respectively made, issued, conferred, granted, framed, revised, confirmed, acquired, incurred, appointed and done under this code. ..... . in these circumstances, it seems clearly to have been the intention of the legislature to provide for these applications being heard by one of the officers constituting the district court, not in the exercise of his ordinary civil jurisdiction, but in special circumstances, which are consistent only with his being a persona designata for the purposes of this section of the act.upon this view the revision application was dismissed ..... . venkatesh (1932) 35 bom. l.r. 89 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom12; (1961)63BOMLR379; ILR1961Bom381
..... state of madras : air1951mad979 , where a question as to the validity of the madras electricity supply (acquisition) act, 1949, was raised and the madras high court had to consider the conflict between item 33 of list i dealing with corporations and item 31 of list iii dealing with electricity, in the seventh schedule to the government of india act, 1935. ..... i have already referred to sections 5 and 6 of the act which show that the property of the society is either to vest in the trustees or, if not so vested, be deemed to be vested for the time being in the governing body of the society, and societies registered under the act can sue or be sued in the name of the president, chairman or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion. ..... bhagwan, 34 bom lr 1500: air 1932 bom 651 it was held by the division bench of this court that a district school board constituted under section 3, clause 1, of the bombay primary education act, 1923, as amended by act xv of 1927, is a corporation and is liable to be sued as such. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom239; (1961)63BOMLR289; ILR1961Bom224
..... it has been contended that the application dated 19-10-1957 was presented before the trial court in its ordinary original jurisdiction and all that the trial court acting within its ordinary jurisdiction could do was to execute the final decree; and obviously if its jurisdiction were limited to executing the final decree, then it could not proceed to remove the sarpanch when the judgments of the two courts resulting in the final decree had held that he ought not to be so removed. 8. ..... and berar courts act are concerned, they deal with only the ordinary jurisdiction of the district judge, thatis to say, with regard to suits and other proceedings which can be commenced under the code of civil procedure but not with proceedings which may be commenced before him under special acts, such as for instance, the guardians and wards act, the lunacy act, or as in the instant case, the religious endowments act. ..... it will be seen that the religious endowments act defines 'civil court' and 'court' on section 2 thereof as 'the principal court of original civil jurisdiction in the district in which or any other court empowered in that behalf by the state government within the local limits of the jurisdiction of which the mosque, temple or religious establishment is situate, relating to which or to the endowment whereof, any suit shall be instituted or application made under the provisions of this act'. ..... 2 dattatraya, resigned on 31-1-1932. 2. .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR992
..... if the learned assistant judge came to the conclusion that the landlord could get a fair return by charging the tenants a rent which, according to the learned assistant judge was the standard rent, it will not be possible for us to say that he acted without jurisdiction.12. ..... the question we are called upon to consider in these 14 civil revisional applications is, whether the learned assistant judge had jurisdiction to hear and dispose of civil revisional applications filed in the district court under section 29(3) of the bombay rents, hotel and lodging house rates (control) act, 1947, hereinafter called, for brevity's sake, the bombay rent act.2. ..... all the 16 tenants-bake did not join them-made applications under section 11(1)(a) of the bombay rent act for fixation of standard rent on the allegation that the rent at which the premises were let was excessive. ..... the revisional application under section 29(3) of the bombay rent act is undoubtedly an application though it is not an application in the original jurisdiction but under the revisional jurisdiction. ..... the first point taken on behalf of the landlord in these civil revisional applications before us is that the learned assistant judge had no jurisdiction to hear applications under section 29(3) of the bombay rent act. ..... section 16 in terms permits the district judge to refer applications under special acts to any assistant judge for disposal. ..... 16 and 17 of the bombay civil courts act, 1869 (bombay act xiv of 1869). .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR289a
..... it has been contended that the application dated october 19, 1957, was presented before the trial court in its ordinary original jurisdiction and all that the trial court acting within its ordinary jurisdiction could do was to execute the final decree; and obviously if its jurisdiction were limited to executing the final decree, then it could not proceed to remove the sarpanch when the judgments of the two courts resulting in the final decree had held that bra ought not to be so ..... courts act, are concerned, they deal with only the ordinary jurisdiction of the district judge, that is to say, with regard to suits and other proceedings which can be commenced under the code of civil procedure but not with proceeding which may be commenced before him under special act, such as, for instance, the guardians and wards act, the lunacy act, or as in the instant case, the religious endowments act. ..... , section 26 indicates that such an application can only be made if the registrar on the application of any person interested in the public trust or otherwise is satisfied about certain matters, thereupon he may,after giving the working trustee an opportunity to be heard, direct such trustee to apply to court for directions within the time specified by the registrar.in other words, the application as contemplated by sections 26 and 27 has to be made to the court after an order has been passed by the registrar permitting such an application to be made. ..... dattatraya, resigned on january 31, 1932.2. .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR685; [1960]39ITR754(Bom)
..... in the indian partnership act, 1932, and the registrar of firms had made an entry of the statement in the register ..... the argument has proceeded that section 2(6b) of the income-tax act inter alia lays done that the expressions 'firm', 'partner' and 'partnership' have the same meaning respectively as in the indian partnership act and the law of partnership as laid down in the partnership act is also applicable to cases under the income-tax act ..... - and the provisions of the indian partnership act give recognition to that law - that to constitute a partnership in law, there must be three elements : (i) there must be an agreement entered into by all the persons concerned; (ii) the agreement must be to share the profits of a business; and (iii) the business must be carried on by all or any of the persons concerned acting for all. ..... judgment, sufficient to repel the contention of the revenue that the registration of the firm under the partnership act is conclusive proof of the fact of partnership in the matter before us. ..... registration of a firm or the names of the partners in that firm under the provisions of the partnership act can attain the magnitude of clothing those entries with conclusiveness in the context of the indian income-tax act. ..... those provisions, in our opinion, are not determinative of any question as to the existence of a partnership which may arise under the income-tax act and certainly not conclusive of the existence of a partnership as a matter of law in any matter to be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom136; (1960)62BOMLR336
..... 9,368-2-3 on the ground that the defendant's paternal uncles managed his business, that the balances were struck every year at the time of diwali, that jainarayan and shrikrishan had authority to borrow money for the defendant, that shrikrishan and the defendant instructed the plaintiff to open a khata in the name of jainarayan narsingdas so as to include the business of the defendant, that on the 3rd february 1951 the defendant instructed the plaintiff to carry over the sum due namely rs. ..... when there is a question as to whether certain persons are members of a joint hindu family or not, it is not always necessary to adduce evidence merely of members of the joint hindu family the opinion of persons may also be relevant under section 50 of the evidence act which provides that when the court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant face. ..... these plaints relate to the years 1943 and 1944 and admittedly the three brothers shriram, satyanarayan and ratanlal were minors, having been born respectively in 1926, 1932 and 1938. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom11; (1960)62BOMLR735; ILR1961Bom101
..... it was contended on behalf of the state that the guarantee contained in article 16 of the covenant which was sought to be enforced by a could not be enforced in the municipal courts and the suit was therefore incompetent, and that the services of a with the wadhwan state were during the pleasure of the ruler of the state and that the ruler of the state could have compulsorily retired him without being liable to pay him any compensation whatever, and that therefore the position of a was no better so far as the saurashtra state also ..... the question relating to the bar under the revenue jurisdiction act and the pensions act can be easily disposed of section 4(a) paragraph (4) of the bombay revenue jurisdiction act, on which reliance is placed by the defendant, runs as follows: 'no civil court shall exercise jurisdiction as to any of the following matters : xx xx xx xx claims against the crown relating to lands held under treaty, or to lands granted or held as saranjam, or on other political tenure, or to lands declared by the provincial government or any officer duly authorized in that behalf to be held for service'. ..... as a matter of fact, as late as 1932, the ruler of the miraj state informed the plaintiff that the proceedings were still going on in respect of the plaintiff's claim. ..... 50 is theletter written by the diwan, miraj state, on 27th september 1932, to the plaintilf. .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR277
..... to enact, or to any provision of any existing law with respect to one of the matters enumerated in the concurrent list, then, subject to the provision of clause (2) the law made by parliament, whether passed before or after the law made by the legislature of such state, or as the case may be, the existing law, shall prevail and the law made by the legislature of the state shall, to the extent of the repugnancy, be vod'.now, it has not been disputed that the essential supplies act, though it is a pre-constitution legislation, would be a law made by parliament ..... it appears, however, that the government of bombay, in the year 1947, was of the view that the control exercised by government over the cotton market under the bombay cotton contracts act of 1932 had proved ineffective in actual practice and though the act provided that forward contracts other than those made through recognised association were void, in fact forward trading took place outside recogniseed associations and in a manner which was detrimental to genuine trade interests. ..... that was followed by the bombay cotto contracts act, 1932 (iv of 1932), which made certain provision regarding forwards contracts. .....
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