Court : Mumbai
Reported in : (1959)61BOMLR103
..... 14 of the partnership act reads as follows:subject to contract between the partners, the property of the firm includes all property and rights and interest in property originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of the business of the firm, and includes also the goodwill of the business.unless the contrary intention appears, property and rights and interests in property acquired with money belonging to the firm are deemed to have been acquired for the firm.the ..... which had been carried on jointly by the partners and continued by one of the partners until the institution of the suit, and it was held that as the lands and houses were bought in the name of the partner and paid for by the firm or from the profits of the partnership business, they were prima facie partnership property in the absence of an allegation and proof that from time to time, portions of the assets of the partnership were, by agreement of the partners, withdrawn from the partnership and converted into land or house ..... . kotwal has relied on a decision of the madras high court in ramalinga reddy v ..... jahagirdar, on the other hand, in support of his argument that the suit property must be considered to be partnership property, relied on a decision of the madras high court in sudarsanam maistri v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR984
..... anjaneya, : air1951mad962 which is a full bench case of the madras high court, it was held by the learned judges that the word 'appeal' in clause (2) of art. ..... the learned judges of the patna high court observed in this case that the word 'appeal' in column 3 of clause (2) of article 182 of the indian limitation act did not include 'an appeal preferred from an order refusing to set aside an ex parte preliminary decree in a suit for partition. ..... justice wadia : 'the words where there has been an appeal' in the last column of article 182 of the indian limitation act. ..... justice barlee that the execution application dated 2-9-1829 was within time, as under art 182 clause (2) of the limiatation act, 1908 the period of limitation commenced to run from 29-10-1928. ..... 36 of the bengal money lenders act for re opening the decree and the application was dismissed for default of appearance on 20-12-1941 and an application under o. ix r. ..... 36 of the money lenders act could not give rise to a fresh starting point of limitationunder art. ..... (1) this is first appeal arises out of an execution proceeding and it raises a question under clause (2) of art 182 of the indian limitation act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom67; (1958)60BOMLR1434; ILR1959Bom502
..... in the madras case, ilr mad 982air 1932 mad 523:'lastly, it was urged, having regard to the decision of the privy council in ilr mad 412: air 1917 pc 179, that, as in the case of the successful party in a time-barred appeal who has obtained the 'valuable right' of a final decree in his favour by mere effluxion of time, the respondent here has also acquired 'the valuable right' of a final decree in his favour on account of the 'pauperism' of the appellant, and that therefore as in the other case the respondent in this case ..... we may incidentally make mention of another fact and it is that while dealing with this case the full bench of the allahabad high court observed in ilr all 440: : air1934all1004 :'the madras high court in ilr mad 985: air 1932 mad 523, has expressed an opinion which is partly in favour of the applicant before us, but not wholly so. ..... ramasami chettiar ilr mad 412 : air 1917 pc 179, with regard to the procedure to be followed while dealing with an application under section 5 of the limitation act, that no order can be passed against a party behind its back. ..... samudra acted without jurisdiction in going into the question and that therefore his order refusing leave to the applicant to appeal as pauper should be set aside.3. .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR1329
..... as, however, there was no evidence to show whether the acknowledgments made by the receiver were necessary, a finding was called for from the trial court, and it appears from the report of the case that ultimately the finding was received from the court below that the acknowledgements by the receiver were acts necessary for the preservation of the estate, and that finding was confirmed by the madras high court. ..... by him, acknowledging liability of the firm in respect of a certain debt, with a view to preventing the creditor from filing a suit and thus to avoid unnecessary expense to the partnership; and it was held by the madras high court that as the receiver was authorised to make part payment of debts due by the firm, which had the effect of stopping the statute of limitation from running, he must be deemed to be acting within his power in acknowledging a debt for and on behalf of the partners of the firm and the acknowledgment of liability was therefore ..... then on 21st february 1932, accounts were again made and an amount of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom182; (1958)60BOMLR873; 1956CriLJ567
..... dealing with that point, chief justice young observes as under: 'by section 223 of the government of india act, 1935, the jurisdiction of the existing high courts and the powers of the judges in relation to the administration of justice, including the power to make rules of court and to regulate the sittings of the courts and of members thereof sitting alone or in division courts as it existed before the commencement of part iii of the act has been specifically preserved. ..... subject to the provisions of this constitution and to the provisions of any law of the appropriate legislature made by virtue of powers conferred on that legislature by this constitution, the jurisdiction of, and the law administered in, any existing high court, and the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sitting of the court and the members thereof sitting alone or in division courts, shall be the same as immediately before the commencement of this constitution..... ..... attorney general, reported in 1932 ac 392, and in particular to the observations of viscount dunedin at p. ..... the state of madras, : 1950crilj1383 . .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom270; (1958)60BOMLR605; ILR1958Bom656
..... , necessary to ascertain in each case when a reversioner files a declaratory suit, the real scope of the suit.if it is a suit in substance for a declaration that an adoption is invalid, the mere fact that he ignores the adoption and bases his right on some other act consequential on the adoption will not enable him to escape the period of limitation, 'for the adoption would be in the way of his getting consequential relief' (underlining (here into ' ') is ours ..... between a suit for a declaration simpliciter and a suit to recover possession after the death of a hindu widow, and the distinction is that in a suit for declaration simpliciter during the lifetime of a hindu widow to set aside an alienation made by her the claim of the plaintiff as a reversioner rests on a mere spes successions, namely, his right to take it as a reversioner, whereas in the case of a suit for possession after the widow's death the plaintiffs claim rests upon an interest which has vested in him. ..... we bring our suit within 12 years, that being the period allowed by article 125 of the first schedule to the limitation act which provides that such a suit may be brought within 12 years from 'the date of the alienation''.the defendants say 'you can try to put it in that way, but in truth your suit is governed by article 118, being one 'to obtain a declaration that the alleged adoption is invalid or never in fact took place' for which you have ..... 21 of 1932, in the court of the second additional district judge, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom86; (1958)60BOMLR457
..... that if a plaintiff obtains under section 149 of the civil procedure code an extension of time for the payment of the deficit court-fees on a false representation, behind the back of the defendant, the court granting the extension is entitled to review the order on the general principles that fraud vitiates consent and that no party should be prejudiced by an order made ; ..... the case of an insufficiently stamped plaint, therefore, it is clear that provided the insufficiently stamped paper be presented within the time allowed by the law of limitation the appellant (sic) is entitled as of right to demand form the court that some further time, to be fixed according to the court's discretion shall be allowed to him in order that he may make up the deficiency in the ..... appears to follow from the terms of order vii, rule 11(c) which provides for the case of presentation of a plaint written upon paper insufficiently stamped, and the provision of the law is that such a plaint shall be rejected only in the plaintiff on being required by the court to supply the requisite stamp paper within a time to be fixed by the court fails to ..... would come into play, and would operate to produce this effect, that upon the payment of the requisite fee within the time allowed by the court, the document in respect of which such fee was payable would have the same force and effect as if such fee had been paid in the first instance. ..... venkata krishna rao, 1932 mad wn 104 ; husain ..... courts act, dismissing his suit as .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom516
..... 'if there is a substantial alteration in a contract by the principle, without the consent of the surety, even if there is no extra prejudice to the surety which can be shown to exist, the surety will be discharged, because the court will not go into the question whether there has been any actual prejudice or not ..... 33 bom lr 709: air 1931 bom 337, it has been held that the general principle is that the rights of surety are not to be interfered with without his consent, and that giving time to the principle debtor does prejudice the rights of the surety by preventing him from paying off the creditor and then enforcing the creditors original rights against the principle debtor. ..... the objection is that by reason of the arrangement arrived at on 14-1-1953, there was a variation in the original contract and that consequently the appellant who was a surety was discharged on the principle underlying section 133 of the contract act. ..... laxminarain, 31 nag lr (sup) 83: air 1935 nag 258, the provisions of sections 126 and 135 to 139 of the contract act (and a portion of section 133) do not apply where the bond has been executed by the surety in favour of the court. ..... addition, there was a substantial variation in the original contract by reason of the fact that the judgment-debor that is the respondent no.2, was required to pay interest at 6 per cent per annum on the decretal amount. ..... official assignee, madras : air1944mad396 . ..... pratapsing moholalbhai sheth, 34 bom lr 167: air 1932 bom 168. .....
Tag this Judgment!Court : Mumbai
Reported in : [1958]33ITR396(Bom)
..... the notification is in the following terms : 'the following classes of income shall be exempt from the tax payable under the said act, but shall be take into account in determining the total income of an assessee for the purposes of the said act : (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 ..... contention is that a certificate of registration is by virtue of section 11 of the act conclusive evidence that all the requisite conditions have been satisfied; and the second answer is the if they are not, it may be open to the income-tax authorities to get the registration cancelled and the question whether the conditions have or have not been satisfied has no relevance to the question referred to us, because all that we ar concerned with determining is if there is a society registered under the bombay co-operative societies act, as the assessee undoubtedly is, it earns exemption by virtue .....
Tag this Judgment!Court : Mumbai
Reported in : 1958CriLJ1134
..... it was then the duty of the magistrate to proceed with the case as at a trial, and decide the plea of the exception on the merits, the burden being on the accused to show that he acted under a bona fide mistake of fact, thinking that the commissioner of police's order was one of deportation, a power which the commissioner of police has, under the city of bombay police act, in certain circumstances...but the learned magistrate discharged the accused when the facts were admitted on the bare plea of the exception, and here i think that he was in error.29. mr. ..... somjee, however, urged that tulsidas' case (p) was a clear authority laying down that in an inquiry under sections 202 and 203 a magistrate can go into the question of defence, that he can rely upon the report made to him by the police and can come to the conclusion from that report that there was a valid defence and upon that can also come to a conclusion that there was no sufficient ground to proceed. ..... 1932 bom 490, decided by baker and broomfield jj. ..... 1932 bom 490 . .....
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