Court : Mumbai
Reported in : AIR1961Bom292; (1960)62BOMLR251; ILR1961Bom257
..... of parties by whom such appearances, applications and acts may be made or done are- (a) persons holding powers-of-attomey, authorizing them to make and do such appearances, applications and acts on behalf of such parties; (b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly au theorised to make ..... 32 bom lr 1178 : air 1930 bom 511 and 34 bom lr 628 : air 1932 bom 367 are in favour of the view that de facts in regard to the signature, or verification or presentation of the plaint are mere irregularities of procedure. ..... bungsi buddan saha das ilr 17 cal 580, it was remarked in 34 bom lr 628 : air 1932 bom 367 that their lordships of the privy council were of the opinion that the signing of the plaint was not essential part of it. ..... but the observations in ilr 46 bom 150 : air 1922 bom 113 were held in 34 bom lr 628 : air 1932 bom 367 to be obiter dicta as the question of limitation was not considered in that case. ..... see 34 bom lr 628 : air 1932 bom 367, mohini kumar v. ..... 34 blr 628 : air 1932 bom 367; : air1927cal376 ; : air1925all79 . ..... popatlal 34 bom lr 628 : air 1932 bom 367. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1656; 1960CriLJ800
..... (13) in our view, the power to call for charge sheet from the investigating officer who has asked case is vested in the magistrate because the report made to him judically and also because the report made to him judicially and also because the magistrate has supervisory control over the investigation by a police officer in the course of the unable to agree with the view of the assam and the madras high courts that a magistrate cannot order an ivestigating officer in a cogniziable offence to submit a charge sheet. ..... observed.when in the case of a man who has been arrested and released on bail the police officer reports that there appears to be no case, and invites the magistrate t discharge the man, the magistrate is not bound to act upon the police view. ..... 203 of the bombay police manual, may be issued the magistrate must act judicially and pass such order on the report as the circumstances may warrant. ..... that the main witnesses in the case were interested against the prosecution and they may turn hostile because they were themselves prosecuted for an offcence under prohibition act.4. ..... 173 of the code to submit a charge sheet but this does not render his act of submitting a chargesheet a judicial act. ..... 173 and an investigating officer, act is wholly administrative and there is noting to prevent his submitting another report in supersession of an earier one. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1433
..... , salem ilr (1940) mad 637 : air 1940 mad 612 a full bench of the madras high court held that a co-operative societies act was an 'individual' within the meaning of the indian income-tax act. ..... the argument proceeded that the makers of the constitution must be regarded as fully aware of the legislative practice of the country and the ligisative practice relied upon was that in section 3 of the income-tax act (xi of 1922) the units of taxation had categorically been stated to be every individual, hindu undivided family, company and local authority, every firm and other association of persons or the partners of the firm or the members of the association individually. ..... (23) the position under the act of 1886 was similar there was nothing in the language of the relevant provisions of the act of 1918 which can support the present contention of the petitioner, section 3of the act of 1922 has been amended from time to time and one thing is clear that the expressions indidvidual and hindu unidivided family have at all time been expressly mentioned in it along with other units of taxation such for instance as company firm and associations of individuals. ..... by the marumakkattayam, aliyasathana or nambudri by law it becomes necessary to consider whether the expression individuals in entry 86 can embrace members of such joint hindu families. ..... currimbhoy ebrahim 33 bom lr 1549 : air 1932 bom 106, sir john beaumount, c. j. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1960Bom191; [1959]37ITR191(Bom)
..... , a full bench of the madras high court held that a co-operative society registered under the indian co-operative societies act was an 'individuals' within the meaning of the indian income-tax act. ..... the argument proceeding that the makers of the constitution must be regarded as fully aware of the legislative practice of the country and the legislative practice relied upon was that in section 3 of the income-tax act (xi of 1922) the units of taxation had categorically been stated to be every individual, hindu undivided family, company and local authority, every firm and other association of persons or the partners of the firm or the members of the association individually. 22. ..... since, however, the argument can apply to members of a joint family governed by the dayabhaga law and members of a tarward, tavazhi, illom, kutumba or kavaru governed by the marumakkattayam, aliyasantana or nambudiri law it becomes necessary to consider whether the expression 'individuals' in entry 86 can embrace members of such joint hindu families. ..... the joint family in one form or another does exist under the systems prevalent in southern india knows as marumakkattayam, aliyasantana and nambudiri laws. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1254
..... as follows:'where, in any suit in which an attachment has been effected, it appears to the court that such attachment was applied for on insufficient grounds, the defendant may apply to the court, and the court may, upon such application, award against the plaintiff by its order such amount, not exceeding one thousand rupees, as it deems a reasonable compensation to the defendant for the expense or injury caused to him: provided that a court shall not award, under this ..... he observed:'no doubt, the madras high court has given a very elastic interpretation to the word 'injury' as used in the section, but there being decision of this court expressly dealing with this point ..... follow the madras decisions and hold that the word ..... stated that when he had met the defendant in the bazar of dabhoi, the defendant told him that as the plaintiff was not allowing him to pay the amount by instalments and was not prepared to forego the interest, he would dispose of his properties and see how the plaintiff would recover any part ..... an inquiry as to damages, he would have to show that he had suffered loss by his inability to do one or more of the things which the injunction restrained him from doing and, until some sensible case of that sort is put forward, it is unnecssary . . . . ..... on the other hand, there are two decisions of the high court of madras which directly deal with the question ..... the learned judge felt that he was bound to follow it in preference to the decision of the high court of madras .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom529; (1959)61BOMLR651; ILR1959Bom1468
..... the decision of the madras ..... the enquiry in the present proceedings, the validity of the decree qua the partnership property and qua the persons mentioned in rule 50, sub-rule (1) clauses (b) and (c), can never be affected or impaired and the shares of the appellants in the partnership property would be available to the ..... compose the firm at the time when that names is used and a plaintiff who sues partners in the name ..... a firm, execution may be granted- (a) against any property of the partnership; (b) against any person who has appeared in his own name under rule 6 or rule 7 of order xxx or who has admitted on the pleadings that he is, or who has been adjudged to be, a ..... 1932 bom 516 where a division bench of this court expressed by view that the issue as to the liability of the persons not served is not limited to the ..... the context of the whole of rule 50 and in sub-rule (2) the words 'as being a partner in the firm' followed by the words 'where the liability is not disputed', and the ..... the effect of the judgment was that the appearance under protest was to remain on the record of the suit and the city civil court was directed to try the issue as to whether the maharaja of orchha was a partner in the ..... the defendants filed their appearance under protest and informed the plaintiffs that as the maharaja of orchha was one of the partners and as the requisite consent of the central government under section 87b read with section 86 to file the suit against the maharaja had not been obtained, the .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR719; [1959]37ITR53(Bom)
..... with some variations are those contained in section 2(1)(b) of the finance act, 1894; those corresponding to section 10 of the indian enactment are those contained in section 38(2)(a) of the customs and inland revenue act, 1881, as amended by section 11(1) of the customs and inland revenue act, 1889, read with section 2(1)(c) of the finance act, 1894, and those corresponding to section 12 of the indian enactment are those contained in section 38(2)(c) of the inland revenue act, 1881, as amended by section 11(1) of the customs and inland revenue act, 1989, read with section 2(1)(c) of the finance act 1894. ..... (1) subject to the provisions of this section, property in which the deceased or any other person had an interest ceasing on the death of the deceased shall be deemed to pass on the deceased's death to the extent to which a benefit accrues or arises by the cesser of such interest, including, in particular, a coparcenary interest in the joint family property of a hindu family governed by the mitakshara, marumakkattayam or alyasantana law. 8. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom495; (1959)61BOMLR599; ILR1959Bom1101
..... lalit, who appears on behalf of the defendant, that when the plaintiff is given under the provision of the court-fees act an option to value the subject matter of the suit for accounts, the exercise of that option enures only during the suit and after a decree is passed by the court which tries the suit it is open to the defendant to alter the valuation and value the subject-matter at any amount which in his view is the true value. mr. ..... lalit, contends that the view taken by the madras high court and followed by this court and the nagpur high court is inconsistent with the decision of their lordships of the privy council in faizullah khan v. ..... justice sen relying upon the observations of their lordships of the privy council in 31 bom lr 841: air 1929 pc 147 and following the judgment of the madras high court in re: venkatandam, ilr 56 mad 705: air 1933 mad 330, held that the decision in 30 bom lr 1284: air 1928 bom 476 must be held to be over-ruled by the privy council. ..... according to the high court of madras, in a suit filed for accounts of a partnership the valuation made by the plaintiff is binding upon the defendant when the defendant appeals against the whole of the decree passed by the court of first instance directing an account to be taken, see samiya mavali v. ..... the view taken by the madras high court has also been approved of by this court in potchalal v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom112; (1959)61BOMLR468; ILR1959Bom1047
..... sub-section (2) of section 3 of the corporation act provides that every byelaw made under the central provinces and berar municipalities act, 1922, shall, so far as it relates to the municipality of nagpur and so far as it is in force at the commencement of, and is not inconsistent with, this act, be deemed to have been made, under the provisions of this act and shall unless previously altered, modified, cancelled or suspended, as the case may be, under this act remain in force for the period, if any, for which it was so made. ..... if these arrangements are not correlated to the demand and the places for the sale of meat are fixed in excess of the demand of the consumers to please the sellers, the possible result that would follow would be that the meat brought to the market would not get sold at the end of the lay and this would naturally result in stale meat being clandestinely sold to the consumers. ..... the byelaws which were in force on the date the corporation was constituted were those made by the civil station sub-committee under the aforesaid sections on 3-8-1932 and those made by the city municipal committee under the aforesaid sections on 25-7-1939. ..... hindu religious endowments, madras v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom320; (1959)61BOMLR220; ILR1959Bom952
..... issued these impugned notices because he has received the prior approval of the central government under section 239(2), and the contention of the union of india is that notwithstanding the fact that the first respondent was appointed under the act of 1913, notwithstanding the fact that under that act he had no power or no authority to issue these notices, once the act of 1956 was placed on the statute book and he received the approval of the central government, he was authorised to exercise the power coffered upon him under section 239 ..... therefore, this was the scheme under the old act with regards to investigation into the affairs of a company which the registrar found was not managed as it should be managed, and it will be noticed that the scope and purpose of the investigation was to investigate the affairs of the company and all powers which were coffered upon the inspector were germane to the main purpose of the investigation which was to find out how the affairs of the company were being ..... is that it is not merely the provisions of the act which are to apply to a report, but they are to apply in relation to a report, and the advocate general says that the expression 'in relation to' is an expression of very wide import and the provisions of the act which deal with the powers of the inspector antecedent to the making of the report and all that has to be done in connection with the report after it has been made, are all covered by the expression 'in relation to'. ..... , 1932 a.c .....
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