Court : Mumbai
Reported in : AIR1936Bom246; (1936)38BOMLR486; 163Ind.Cas.579
..... holding that the individual members of the four firms which entered into the partnership in that case were themselves members of the partnership and that the partnership, consisting as it did of more than twenty individual members, required registration under section 4 of the indian companies act, was that the word ' persons ' used in section 4(2) of the act was used not in the sense in which it is defined in the general clauses act (in which act it includes a corporation or a body of persons) but in the sense of an individual, and that what the section prohibited was ..... therefore apparently if one or more partners using the name of the firm under this rule were to bring a suit against another partner claiming money as due to the plaintiff in connection with the affairs of the firm, 'the only relief which the plaintiff could obtain would be an account of the dealings and transactions of the partners'. i do not think that it can be said that rule 9 gives the plaintiff firm a right to bring the present suit and that under the existing law they have any ..... senaji : air1934bom361 ; and eventually the madras case went in appeal to the privy council, and the appellate judgment (which merely accepts the reasoning of the high court of madras and dismisses the appeal) has been reported in senaji v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR133
..... , amalgamate with, work and carry on the businesses hitherto carried on in madras and elsewhere by five limited companies which were registered under the indian companies act and the goodwill of the said businesses, to enter into and carry into effect an agreement which had bean prepared and was expressed to be made between the said five companies, their liquidators and the company, to carry on the business so to be acquired, and generally to carry on the business of cotton spinners.7. the said five companies were ..... . in their lordships' opinion it is not necessary to express, and they do not express, any opinion as to the correctness of the answer to the first question in the above-mentioned case, but they feel obliged to say that for the reasons, which have been already given, they cannot agree with the answer which the madras high court gave to the second question.35 ..... and carnatic company, limited, which succeeded to the business of the buckingham mill company, limited, the carnatic mill company limited, the jamalmadugu press company, limited, the tiruppur press company, limited and the tadpatri cotton press company, limited, is entitled under section 10 (2) (vi) of the act, to depreciation allowance on the assets taken over from the five predecessor companies calculated on the original cost of these assets to such predecessor companies or on the value at which these assets were taken over by the buckingham and carnatic company, ..... .(1932) pat .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom356; (1936)38BOMLR283
..... then section 30 deals with the manner in which the real value has to be ascertained, and is in the following terms:-for the purposes of this act the real value shall be deemed to be-(a) the wholesale cash price, less trade discount, for which goods of the like kind and quality are sold, or are capable of being sold, at the time and place of importation or exportation, as the case may be, without any abatement or deduction whatever, except (in the case of goods imported) of the amount of the duties payable on the importation thereof : or(b) where ..... such price is not ascertainable, the cost at which goods of the like kind ..... it must cover a wider area than that; .and i should say that, generally speaking, ' place of importation ' means the place, whether bombay, madras, karachi, or elsewhere as the case may be, at which the goods are imported. ..... secretary of state for india (1932) l.r. 59 i. a. ..... secretary of state for india (1932) l.r. 59 i. a. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom62
..... more apparent than real, because under section 8, companies act, 1929, and the corresponding sections in earlier acts, the articles of association are made the regulations of the company, so that they bind the company by virtue of the statute, and the only real distinction between the position in england and in india (apart of course from the fact that the articles can be altered by the company whilst the statute cannot) is that in the one case the disability of directors arises indirectly from the statute, whilst in the other it arises directly from ..... out of the proceeds of the sale of the property which are now in court, and that out of the balance of such proceeds there be paid to the plaintiffs a sum of rupees equivalent, at the rate of exchange current between rangoon and england at the time of filing of the suit, to the principal sum of 8,550, with interest thereon, at the rate of 8 per cent, from 5th october 1872 to the date of the sale of the property, together with a proportionate part of the accumulations, if any, of the proceeds of the sale, and that the residue of the proceeds and o the accumulations ..... at the date of the liquidation of pratts, which was 22nd june 1932, a sum of approximately rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom162; (1936)38BOMLR215
..... here, then, on the plain words of the article the appellant must fail, because it is beyond doubt that there has been an appeal, though not an appeal against the original decree, and, therefore, time runs from the final decree of the appellate court, which in this case is the date of the order in the review matter.4. ..... 1065, where their lordships, in discussing the meaning of this article, held that the question must be decided upon the plain words of the article, and that ' where there has been an appeal of any sort, ' time is to run from the date of the decree of the appellate court. ..... she has tried in 1933 to execute it and prima facie she has lost three years' maintenance by her laches, since the claim for maintenance for 1927, 1928 and 1929 is more than three years old. ..... 3 runs-where there has been a review of judgment the date of the decision passed on the review, and clause 2where there has been an appeal the date of the final decree or order of the appellate court.mr. ..... the learned advocate has cited a madras case in ahammad kutty v ..... therefore, the terminus a quo is the date of the decision of this court, which reversed the decision of the subordinate court to grant a review.3. ..... gurushantappa shankarappa i.l.r (1932) 57 bom. ..... kottekkat kuttu i.l.r (1932) mad. ..... suresh chandra dey (1932) l.r. 59 i. a ..... there was an application for review, which was granted, and then there was an appeal against that order in review, and there was an order made by this court in appeal on november 9, 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR175; 163Ind.Cas.632
..... subdivision of any bhag or share, in any such village as aforesaid, conjointly and in the gross with its homestead, building-site (gabhan) and other proper appurtenances, if such alienation, assignment, mortgage, charge or incumbrance be in other respects warranted by law, the object and intention of this act being to prevent the dismemberment of bhags or shares, or recognised sub-divisions thereof, in bhagdari or narwadari villages, and also to prevent the severance of homesteads, building-sites (gabhan) or other premises, appurtenant or appendant to bhags ..... the trial court has found on the construction of the will that jhaver took an absolute estate, that divali succeeded as her heir and that the plaintiff takes nothing, he not being divali's heir; secondly, that in any case the will could not affect narwa property owing to the provisions of the bhagdari and narwa-dari act v of 1862; and thirdly, that plaintiff's temporary possession under the circumstances in which it was obtained gives plaintiff no right to evict the defendants. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom250; (1936)38BOMLR380; 163Ind.Cas.532
..... any proceeding in a court of justice to enforce a demand is a suit; the person who applies to the court is a suitor for relief; the person who defends himself against the enforcement of the relief sought is a defendant; and the claim, if recoverable, is a cause of action.it is laid down in section 2 of the indian limitation act that a suit does not include an appeal or an application, but this distinction seems to be confined in its effect to the immediate purposes of that act. ..... he also prays for leave under order i, rule 8, to file the petition and proceed with the same against the chairman and the general secretary as representing themselves and all other members of the committee, and for an order directing the prothonotary and senior master of the court to give notice of the filing of the petition by advertisement in the local newspapers. ..... after all, order i, rule 8, is only a rule of procedure made for the purposes of convenience and saving of trouble and expense, and i see no reason why a petitioner should be prevented from making use of it for the sake of the same convenience and for saving trouble and expense, if the respondents are numerous and in the same interest, and the petition is one which can be heard and tried as a suit. ..... , on nov ember 25, 1932 (unrep. ..... dawlatram mohandas (1932) arbitration no. ..... 49 of 1932, decided by mirza j. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom19; (1935)37BOMLR931; 160Ind.Cas.505
..... the first point taken by the learned advocate general was that the agreement (if any) between the plaintiff on the one hand and the defendant on the other was not binding on the defendant by virtue of section 30 of the government of india act, because it was not in the proper form and was not executed in the name of the secretary of state. ..... his first contention is that the privilege of the crown to dismiss its servants at will and without notice is based upon the wider theory that the act of dismissal is an act of state and that acts of state are exempt from the jurisdiction of the courts ; and he urges that the dismissal of a servant whose duties are in no way duties of state is not an act of state. ..... i do not think that it is necessary or even proper for us to consider this aspect of the question in appeal, since the point was not taken in the written statement of the defendant at the trial, though under the provisions of order viii, rule 2, of the code of civil procedure, it certainly ought to have been taken. ..... 669 it was held that the crown has power to dismiss its servants at will and also that no authority representing the crown is able in the employment of persons in the service of the crown to contract with them so as to deprive the crown of the enjoyment of that power, which can only be excluded or restricted by an act of the legislature. ..... secretary of state (1932) 36 bom. l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR955
..... as if the reference in such enactment to the co-operative societies act, 1912, had been the reference to this act, and no such thing or proceeding shall be deemed to have been invalid on the ground that such enactment did not refer to this act.put shortly, this means that the reference to the co-operative societies act, 1912, in section 3 (e) of the land acquisition act shall be read as a reference to the bombay co-operative societies act, 1925, and that in consequence a society registered within the meaning of the bombay co-operative societies act, 1925, is a ' company ' within the meaning of the ..... 439, it was held as follows :-where an appeal from a decree in ejectment passed under the old law is heard after the commencement of madras act i of 1908 (estates land act) the defendant being a ryot in possession of ryot land on such date, he is entitled to claim a right of occupancy under section 6, clause 1 of the act notwithstanding the original decree.that was a case in which the court gave retrospective effect to an enactment of the local legislature. ..... the argument comes to this that we are to look upon the decree of the lower court as binding inasmuch as it was passed in 1932 before the date of the amending act. ..... manohar (1932) 35 bom. l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR658; 159Ind.Cas.90
..... the learned counsel on behalf of the applicant has contended, firstly, that the sessions judge had no jurisdiction to deal with the case in revision the only procedure being for government to appeal to the high court of bombay as provided in section 38 (2) of the regulation ; secondly, that in any case the judge had no power to convert an acquittal into a conviction in revision, a thing which even the high court of bombay cannot do (vide section 439 of the criminal procedure code ..... this new provision is strongly relied on by the learned counsel for the applicant ^who argues with much force that the procedure followed by the sessions judge in this case would in effect oust the jurisdiction of the high court and deprive the person who has been acquitted of a valuable right ..... for the reasons which i have given, and especially in view of the new provision in the regulation for appeals from acquittals, i consider it extremely doubtful whether the sessions judge can be said to have the power under section 35 (3) to convert an acquittal into a conviction as he has done, and that too at the instance of the party who could have ..... were two revision applications to the sessions judge of aden; one by the convicted accused and ode by the public prosecutor in the case of the other accused who was acquitted. ..... there was no appeal from his decision in any criminal case, but he could under section 30 of the act refer a point of law for the opinion of the high court. ..... phansalkar : (1932)34bomlr1523 . .....
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