Court : Mumbai
Reported in : AIR1956Bom669; (1956)58BOMLR754; ILR1956Bom839
..... but what has to be claimed against the displaced debtor is a debt as defined by the act.therefore, whether a debt is due by him or whether the debt is claimed from him, the position is the same that' the subject matter of the dispute under section 10 between the displaced person and the displaced debtor must -be a debt as defined by the act.if the intention of the legislature was to give a wider connotation to the expression 'claim' in section 10 as including something more or something other than a claim to a debt as defined in the act, then it is difficult to understand why a displaced debtor was ..... defined as a person from whom a debt is due or a debt is being claimed, and when we look at the statutory form which .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom537; (1956)58BOMLR660; ILR1956Bom619
..... this is what the learned master of the bolls says:'now it is quite clear that the act of parliament (and he was considering the sections which are similar to our articles) does not require the day for the call to be named in the same resolution as the one by which the call is made ..... the resolution need not contain the place of payment and he thought that by implication it also proved that it need not contain the time of payment, and he added:'the resolution was nothing more than a determination, that thereafter 'a call' shall be made, that is, that an application shall be made to each shareholder for a proportion of his share; and it is enough if the directors appoint a time or place, either by public advertisement (where such a mode is allowed by the private act), as in the case referred to, or under the general act ..... does the act of parliament require the day to be named by any particular formal act by the directors. ..... mat when a notice issued by an officer of a company purports to have been issued by order of the board of directors, there is a presumption that it was issued pursuant to such an order, and unless the presumption is displaced the/court must act on that presumption. ..... says that this was merely a ministerial act and the notice was issued and the notice purports to have been issued by order of the board of directors. ..... desai, that the directors can only act at a meeting of the board of directors through resolutions passed at such a meeting; and therefore it was contended by .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom618
..... become incumbent on thecreditor to make reasonable independent inquiryinto the credentials of the partners who professesto have acted as the agent of the firm and he cannot bind the firm by merely showing that he reliedon some representations of that partner whichrepresentations if not wholly suspect would at leastbe interested.that the partner who has made & endorsed the instrument is also a constituent of the firm does not in the present context relieve the receipient of the instrument of his duty to satisfy himself about the title of that partner to make or hold ..... but if all that can be said of an act is that it was convenient or that it facilitated the transaction of the business of the firm or that it was done because it was in the interest of the firm to contract with an individual partner, that is not sufficient to bind the firm in the absence of evidence of sanction by the other partners.the same principle applies and with the same certainty where a partner purporting to act on behalf of the firm draws a cheque in his own favour and then endorses it in favour of a third party to secure repayment of his own .....
Tag this Judgment!Court : Mumbai
Reported in : (1956)58BOMLR284
..... 629 in which the madras high court had to interpret section 114 of the transfer of property act, which also contains provisions for relieving tenants against forfeiture for non-payment of rent. ..... the court of appeal held that the effect of the statute of limitations was only to bar the remedy for the debt but not to destroy....the debt, that the debt still remained due and that as the order obtained on the application of the judgment-debtor himself directed an account of what was due to the judgment-creditor, the debtor could not avail himself of the statute, though he might have used it as a defence to proceedings against him taken by the creditor. ..... rents, hotel and lodging house rates control act, 1947, provides that no decree for eviction shall be passed in any suit for recovery of possession instituted by a landlord against a tenant on the ground of non-payment of the standard rent or permitted increases then due, if, on the first day of hearing of the suit or on or before such other date as the court may fix, the tenant pays or tenders in court the standard rent or permitted increases then due and thereafter continues to pay or tender in court ..... (1932) l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom641
..... entitled to apply for registration, and since the registrar has not recorded any finding on the question and as the order of remand in so far as it relates to the registrar being asked to give a finding has been set aside i must attempt to arrive at a conclusion myself as to the proprietorship of the trade mark on such materials as are available on the record, some of which are dispersed also over the judgment of the registrar.having gone through these materials, it appears that on 7-3-1932 a declaration of ownership was registered and ..... 14, trade marks act, 1940.in my judgment delivered on the last occasion i pointed out that there was no clear finding by the registrar as to whether the petitioner was the proprietor of the trade mark and i had directed the registrar on remand to determine this matter before coming to a final conclusion. ..... nooruddin' and it is attested by two witnesses, one saiyed shah mahomed inayatullah qadri, head qazi of george town, madras presidency, and another tajammul hussein iman. ..... of george town, madras presidency.seal of qazi shah mahomedinayatullah, george town,madras.attestation oftajammul hussein iman, may god pardon him. ..... 37, mannadi, madras, from s. m. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom459; (1956)58BOMLR3; ILR1956Bom100
..... in the alternative, it has been urged for the appellant that even if the articles of association are held to constitute an arbitration agreement between the appellant and the respondent within the meaning of section 2, arbitration act, in fact on a fair and reasonable construction, the relevant and material articles do not confer jurisdiction on the lavad committee to deal with the dispute as to the existence of the contract itself.in other words, if the existence of the contract had been admitted by the appellant, it may have been open to the respondent to refer the dispute to the arbitration of the lavad committee. ..... ' air 1932 bom 341 (b), mr. ..... to have expressed his concurrence with the conclusion that under an article like the one before us it would not be competent to the arbitrators to decide the question as to whether the contract itself had taken place between the parties.the dispute as to the existence of the contract is a collateral dispute and it is only after it is decided in favour of the existence of the contract that the jurisdiction of the arbitrators to consider the other disputes arising between the parties under the said contract can arise.to the same effect are the observations made by sir shadi lal .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom165
..... the learned district judge held that the 2nd defendant was a partner of the firm and that the order passed by the trial court striking off the name of, the 2nd defendant was erroneous.the learned judge accordingly rectified the decree passed by the trial court and restored the name of the 2nd defendant on the record and directed that the case be sent back to the trial court for deciding other questions on the footing that the 2nd defendant was a partner. ..... is far from saying that the names of the parties to the contract are not at all to be regarded as terms of the contract.in the judgment in 'venkatasubbiah's case (a)', at page 46, there is a quotation from roscoe's nisi prius evidence which is to the following effect:'in an action on a written contract between, plaintiff and b, oral evidence is admissible, on behalf of the plaintiff, to show that the contract was in fact though not in form, made by b, as agent of the defendant; for the evidence tends not to discharge b, but to charge the dormant principal; -- 'wilson v. ..... jahagirdar contended that the question whether the 2nd defendant is or is not a partner of the firm is not a term of the contract of partnership and therefore evidence is admissible notwithstanding the provisions of sections 91 and 92, evidence act, to show that it was the 1st defendant who intended to join the firm as partner and not the 2nd defendant.further, mr. ..... jahagirdar upon a judgment of the madras high court reported in --'venkatasubbiah chetty v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom375; (1956)58BOMLR45; ILR1956Bom79
..... high court were to apply to the tribunal, there is no reason why the same principle should not apply ..... by the income-tax act to decide the appeals judicially and although he may be an income-tax authority and even though administratively he may be under the income-tax commissioner or the central board of revenue, when he sits in appeal as an appellate assistant commissioner he acts judicially and must show the same independence that the income-tax tribunal does, and therefore it is impossible to differentiate between the position, of the appellate assistant commissioner and the income-tax tribunal.therefore, if the principle laid down by the madras full bench as applicable to the ..... sneath', (1932) 17 tax cas 149 (a) at- p. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom513; (1956)58BOMLR167; ILR1956Bom193
..... whatever may happen in 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 decree-holder in execution ..... under the said rule for leave to execute a decree passed against the firm on the allegation that the opponent to the summons was a partner of the firm, it was held that the order for an issue, in which the question should be whether that person 'was or had held himself out as a partner in the ..... to deal with the question of limitation and he has observed and, with respect, rightly that the plea of limitation cannot be successfully raised in respect of an application under order 21, rule 50, sub-rule (2) because in substance the proceeding is one in execution and so long as the decree was capable of execution under article 182, limitation act; it would be idle to contend that the application in question ..... to sub-rule (1) of rule 50, where a decree has been passed, against 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 30 or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner; and (c) against any person who has been individually served as a partner ..... hiraji air 1932 bom 516 (a) is directly in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom155
..... sub-section (f) of section 13 of the indian partnership act, 1932 and sub-section (f) says that 'a partner shall indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm'.dealing with this section, the learned district judge has observed in the course of his judgment as follows:'the section itself lays down that the partner guilty of wilful neglect shall indemnify the firm and not the other partner or partners of the firm. ..... it had started from the starting point or to take passengers in excess of the prescribed limit or to permit the passengers to sit on the seats next to the driver's, surely thosewere acts which were in law beyond the scope and authority of the management of the plaintiff, even if it be assumed for a moment that the plaintiff was the manager even so far as the plying of the buses on the days allotted to the defendant was concerned.i have considered the judgments of both the courts below and i think that neither of the learned judges of the courts below has applied .....
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