Court : Mumbai
Reported in : AIR1955Bom439; (1955)57BOMLR827; 1955CriLJ1564; ILR1955Bom1039
..... province or any part thereof' section 99, government of india act mean 'for the purposes of the province or any part thereof', that it is competent for a state legislature to apply its law to acts done outside the state and that the validity of such a law would depend not upon the possession by the legislature of extra-territorial powers, but upon there being sufficient territorial connection between the state and i the act to which it seeks to make the law applicable.mr. mengde has urged that all ..... 427. there was no connection between the company and british india excepting the derivation from british india of the major part of the income during the previous year and the question in issue in appeal was whether the provisions of the indian income-tax act, 1922-1939, by virtue of which the whole income of the company, including that which arose without british india, was subjected to income-tax, were valid.the question was answered in the affirmative by the privy ..... the applicant learnt about this in august 1932 and reported the matter to the police. ..... v. state of madras', : 1953crilj1105 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1955Bom318; (1955)57BOMLR282; 1955CriLJ1159; ILR1955Bom675
..... before us have left on my mind the impression that the length of the proceedings could have been and should have been appreciably reduced by the exercise of a more judicious control on the part of the court over the proceedings before it consistently with the statutory rights of the parties to be heard and to examine and cross-examine witnesses under the code of criminal procedure and the indian evidence act and by a more active desire on the part of counsel on both sides :o save the time of the court by avoiding questions and arguments ..... which could have at best a re-mole bearing on the points arising in the case, and the omission whereof could involve ..... ram sundar shaha', air 1932 pc 39. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1955Bom381; (1955)57BOMLR753; ILR1955Bom346
..... 'the learned chief justice explained in detail in what particular circumstances the privy council had laid down the ratio, namely, in the peculiar situation they were dealing with and held that the mere sittings of the appellate authority in the town of madras and its order being effective in madras was not a sufficient basis for the exercise of jurisdiction when both the subject-matter and the authority to make the settlement at first instance were outside the local limits of the high court of madras. ..... it is the duty of the judge at the first hearing of the suit to frame issues based upon the differences between the parties and under rule 2 of that order the judge may frame a preliminary issue of law and that introduces the practice which used to be known in england prior to the passing of the judicature act as pleading 'on demurrer' namely, that assuming the truth of all the allegations in the plaint the defendant may say, that the statement of claim in point of law discloses no cause of action and therefore the suit should be dismissed. ..... it appears that in that case the respondent who had been convicted and sentenced was elected a member of the madras legislative assembly and at the instance of the speaker the matter was referred to election commission which had its offices permanently located at new delhi, the question being whether the respondent was disqualified. ..... tukojirao holkar', air 1932 bom 128, the observations of chief justice beaumont being at p. .....
Tag this Judgment!Court : Mumbai
Reported in : (1955)57BOMLR850
..... the ciraumstanoes of the transaction we feel no doubt that the documents are sufficient and do show an intention to make the land security for the payment of the money mentioned therein....it was pointed out by the learned chief justice that the documents in question were executed in the moffusil and came within the statement of the privy council that such deeds and contracts ought to be liberally construed and that the form of expression in the literal sense was not so much to be relied on as the real meaning of the purpose which the transaction ..... the general rule relating to offer and acceptance has always been understood to be that there can be an acceptance of an offer by the communication of the assent of the person to whom the offer is made or by his doing some act which he is requested by the terms of the offer to do or by his accepting performance itself of the act constituting the offer. ..... kolah on behalf of the defendant that the madras decision only lays down that when a promissory note purports to have been made at a particular place only a presumption arises that it was made at that place, which presumption it was said can be rebutted by evidence showing ..... i do not agree that this is the ratio decidendi of the madras decision. ..... in support of this argument reliance was placed on a decision of the madras high court in meenakshi ginning and pressing co. v. ..... from that place it was sent by post to the official assignee who received it in madras. .....
Tag this Judgment!Court : Mumbai
Reported in : (1954)56BOMLR973
..... the facts of that case were similar to the facts of the madras case except that in this case the amount agreed upon as payable by the plaintiff to the defendant on dissolution was to be paid to a third party in discharge of the defendant's liability to that third party. ..... (1) no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person being as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm.it was then said that the exception contained in the first part of sub-section 3(a) of that section which rendered the provisions of sub-section (1) inapplicable to suits for enforcement ..... reference was made to section 54 of the partnership act which is as follows :-partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of them will not carry on a business similar to that of the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall he valid if the restrictions imposed are reasonable.it was strongly urged that but for this provision the plaintiffs would not have .....
Tag this Judgment!Court : Mumbai
Reported in : (1954)56BOMLR571
..... taken was that that petition was barred by limitation, and the madras high court held that the petition could be regarded as a petition for delivery of only the remaining share in the house as to which there never was an obstruction and also for possession of the lands, and to the extent of the lands and a share in the house with regard to which there was no obstruction, the petition could be regarded as a continuation of the first application for execution which was never legally disposed of on merits, but ..... under section 22 of the dekkhan agriculturists' relief act the power of the executing court to execute a decree against an agriculturist is a limited power and the only power is to direct the collector to take possession, for any period not exceeding seven years, of any such property of the judgment-debtor to the possession of which he is entitled, and which in the opinion of the collector is not required for his support and the support of the members of his family dependent on him, and the collector shall thereupon take possession of such property and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom457; (1954)56BOMLR563; ILR1954Bom1038
..... be granted.i am unable to agree, as i cannot see any substantial difference between the court rejecting an application for review straightway without issuing a notice and the court arriving at the same result after the issue of a notice, in both cases it is clear that the court considers the grounds set out in the application, goes through the judgment which is challenged, sees whether it should be reviewed and then rejects the application, if in the former case the provisions of article, 182(3) do not apply, as it is not disputed that they ..... this point has been considered by the madras, allahabad and patna high courts in their reported judgments and it may be stated broadly that the consensus of judicial opinion is in favour of the view which i have adopted. ..... that may be regarded as the second stage of the review proceedings.the third stage in these proceedings is reached where on hearing the opponent the court is satisfied that a case has been made out for reviewing the decree or order, and when the court comes to this conclusion, the court makes an order granting review and proceeds to act under rule 8, order 47. ..... in : air1941pat213 (e), the appellants before the high court brought in 1932 a title suit against the respondent which was dismissed on 4-8-1933. ..... in air 1942 all 338 (c)', a decree in the suit was passed on 3-11-1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom351; (1954)56BOMLR172; ILR1954Bom915
..... 126): 'in our judgment each case will have to turn on its own facts, but the real point of the subsection is in our judgment that the person who is to be dismissed or reduced must know that that punishment is proposed as the punishment for certain acts or omissions on his part and must be told the grounds on which it is proposed to take such action and must be given a reasonable opportunity of showing cause why such punishment should not be imposed. ..... velloz was based on two grounds, one being a statement made by the plaintiff to rajmane and the other being the fact that he had been warned by the authorities in connection with the case in which he failed to appear as a witness, the second ground was not mentioned in the charge at all, and therefore when the plaintiff went to the departmental inquiry he was only prepared to meet the charge that he had made a particular statement to rajmane. ..... even though, as in this case, the notice may be defective, if in fact the servant has been given the opportunity and has availed himself of the opportunity of showing cause against the grounds, then the mere fact that there is an irregularity about the notice may not lead to the court holding that the government servant did not have the opportunity required under section 240(3). ..... madhukar ganpat air 1932 bom 37 (e), a division bench of this court consisting of mr. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom285; (1954)56BOMLR115; ILR1954Bom484
..... the allahabad and the madras high courts have, on the other hand, taken the same view which we have taken of the effect of section 29, evidence act. ..... thus, the position of the judicial decisions can be summed up by saying that the majority opinion in the patna high court is against the view which we have taken, whereas the allahabad and the madras high court support our view. ..... and answers and the same must be recited in the body of the confession itself as well as in the memorandum or certificate which is required to be made at the loot of the record, that the said memorandum must he written by the magistrate in his own hand as well as signed by him, and that if these two conditions are not satisfied, a confession would be rendered inadmissible though it may have been recorded in the form sanctioned and prescribed by the high court and though it may bear at the foot of it the memorandum prescribed by section ..... emperor air 1932 mad 431 (h), it has been held by mr. ..... emperor air 1932 bom 553 (b), barlee and wadia jj. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom104; (1953)55BOMLR846; ILR1954Bom92
..... it would appear that, in dealing with the question as to the effect of the provisions of section 48, it was observed by the learned judges of the madras high court that an amendment of a decree to bring it in accordance with the judgment does not have the effect of starting a fresh point of limitation; and this observation was relied upon before macklin and bavdekar jj. ..... they pointed out that the particular observation made in the full bench decision of the madras high court must be read in the context of the point which the learned judges were then called upon to consider. ..... on the other hand, both the learned judges have expressly stated that, so far as the period of limitation under section 48 is concerned, the observation made in .the full bench decision of the madras high court was perfectly right.8. ..... it is quite true that article 182, limitation act, which prescribes the limitation of three years for the purpose of applications in execution, expressly refers to the amendment of the decree and makes provision for a specific period of limitation in respect of the amended decree. ..... under the decree the last instalment was payable in 1932. .....
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