Court : Mumbai
Reported in : AIR1935Bom412; (1935)37BOMLR692; 159Ind.Cas.424; [1935]3ITR367(Bom)
..... said that that was a decision under section 14(1) of the income-tax act; but reading the judgment carefully, it seems to me that the point which has arisen before us also arose before the judges of the madras high court, and the whole ratio decidendi of that case is that the expression ' undivided hindu family ' has to be understood in the sense in which it is understood in the hindu law.12. ..... a reference made by the commissioner of income-tax under section 66(2) of the indian income-tax act, and the first question raised is,whether, in the circumstances of the case, the income received by right of survivorship by the sole surviving male member of a hindu undivided family can be taxed in the hands of such male member as his own individual income, or it should be taxed; as the income of a hindu undivided family, for the purposes of assessment to super-tax, under section 55 of the indian income-tax act, 1922.2. ..... been held by a special bench of the madras high court in veda-thanni v. ..... we have only an uncertified copy of the judgment, and therefore i hesitate to deal in any detail with the reasoning in the judgment, but the effect of the decision appears to be that references in the income-tax act to a hindu undivided family should be read as ..... ground for arriving at that conclusion, since the meaning of the two expressions was well-known when the act was drafted, and the legislature has thought fit to use the wider expression rather than narrower one. ..... income-tax, madras i.l.r(1932) . .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom94; (1935)37BOMLR913
..... has been argued is whether that section implies the completion of the document by signature and attestation before it is presented ..... in section 3 of the act as follows :-'attested' in relation to an instrument, means (and shall be deemed always to have meant) attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument n the presence and by the direction of the executant, or has received from the executant a personal acknowledgment of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant;....the point which ..... a full bench of the madras high court in veerappa chettiar v. ..... (1932) all. .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR625
..... that a debenture charging immovable property and registered under the indian companies act must in order to have complete effect be registered also under the indian registration act, while not indicating any view one way or the other on that point, their lordships treated the case as one in which it must, as between the parties, be assumed that the debentures created no charge upon any portion of the immovable property of the bengal bank whether its interest therein was by way of ..... to maintain the same as a going concern and they shall ..... parties (if any) shall at the expense of the trust execute and do all such assurances and things for vesting the said premises on the trust or as the trust shall 'direct and giving to it the full benefit of this agreement as shall be reasonably required.then paragraph 8 says this :the possession of the said premises shall be retained by the bank and its liquidators up to the said 16th day of july, 1917, and in the meantime they shall carry on the said business in the same manner as heretofore so as ..... (1932) .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom316; (1935)37BOMLR478; 157Ind.Cas.680
..... an application on the point was made by pandarkar in the case of the house (exhibit 16) to the district judge and was decided against him in the judge's order of april 11, 1932 : the main grounds of the finding being that the plea was belated, and that had it been raised in the proper court, the receiver might have proved that the insolvent was the manager of the family and acting as such. ..... at page 563 of the report the learned judge expresses the view that, although a court of insolvency has ordinarily a jurisdiction under section 4 of the act to decide matters affecting a claim between an insolvent and his creditors, the opening words of the section 'subject to the provisions of the act' have been deliberately introduced to indicate and define the extent of the jurisdiction. ..... (1929) all 550 the madras decisions are : ramaswami chettiar v. ..... in the madras case, however, the. ..... the law has, however, been settled for other high courts by full bench and division bench decisions of the allahabad, calcutta, madras, lahore and patna high courts, and what the appellants have urged before us is, practically, that we should differ from the conclusions reached in these authorities, mainly on the grounds stated in two dissenting judgments of the allahabad high court : one being that of mukherji j. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom114
..... it is however in evidence that the defendants wanted to act on the report, and followed it up by 'the boycott resolution', and though the report and the resolution were published at ahmedabad on different dates, they were published in bombay in gujrati on two consecutive days, the resolution appearing in the 'hindustan & praja mitra' on 11th august and the report in the 'bombay samachar' of 12th august 1931. ..... the resolution was published in bombay before the report, and in my opinion the publication of the resolution is one of the surrounding circumstances which go to show how the words in the report were capable of being understood by men of ordinary sense or ordinary reasonable men, meaning men who have the knowledge, intelligence, experience and even the prejudices of the average man in the class of people to whom the words were meant to be published. ..... plaintiffs' counsel argued that there were many misstatements of fact in the report; for instance, it is said in the report that no company working on the dividing principle in the past has ever survived twelve years, whereas in fact it appears from the indian insurance year book for 1932 that there were some such companies which had survived more than twelve years. ..... he has prepared an estimate of the damages which the plaintiff company alleges it has sustained on the basis that it would have secured 2,500 policies in 1931, 5,000 in 1932, and 7,5000 in 1933. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom367; (1935)37BOMLR603; 159Ind.Cas.650
..... these defendants submit that the allegations in the plaint in so far as they relate to the said charge and the meetings in reference thereto are irrelevant these defendants state that the proceedings of the managing committee and' of the jamat on the petition of the said ahmed haji ebrahim dated december 24, 1932, and the meetings of the managing committee and of the jamat held in reference to the said petition are in accordance with the rules and in accordance with the principles of natural justice and submit that the resolution passed on january 15, 1933, ..... haji ali-mahomed, giving an excuse of the bai's illness, and further taking into consideration the protection given to the bai by bhai janmahomed haji alimahomed and ..... haji abdul razak haji mahomed arabi at the time of paying the cess of betrothal and marriage of the bai and the leading part played by him in his own house as a 'vadil' (elder) as well as in the jamat from the beginning to the end, and his subsequent strange attitude, and the part taken by bhai ismail hasam arabi as father under the guidance and advice of bai haji abdul razak and the act of taking of the bai to the house of his son-in-law bhai janmahomed .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom286; (1935)37BOMLR255; 158Ind.Cas.33
..... there is, in my opinion, no objection to that practice, because i think that under the bombay civil courts act, 1869, the subordinate judge's court is one, notwithstanding that more than one judge is attached to that court. ..... on the other hand, for the respondent it is said that this is not an order for transfer that the suit was filed in the court of the subordinate judge of ahmedabad, and that it was competent to the senior subordinate judge of that court to make an administrative order transferring it from one of the subordinate judges attached to that court to another. ..... from inquiries which the registrar has made, it seems to be the general practice, where more than one subordinate judge is attached to any court, for suits filed in that court to be entered in a single list and for the senior sub-ordinate judge of that court to allocate the business amongst the various subordinate judges. ..... 538 of 1932 be transferred to the court of the second joint subordinate judge from that of the third joint subordinate judge. ..... 538 of 1932, was commenced in the year 1932, and was in the list of the third joint second class subordinate judge of ahmedabad. ..... on november 10, 1932, issues were framed in that suit, so that the learned judge had clearly taken cognisance of the suit. ..... at some time in the year 1932 another suit, no. ..... 1366 of 1932, was commenced, and that was assigned to the second joint second class subordinate judge at ahmedabad. .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR176
..... -that she used to have illicit intercourse with the accused before the alleged offence took place, and it is contended on behalf of the defence that the term ' seduce' in section 366, indian penal code, applies only to the first act of seduction, that is, inducing a woman to surrender her chastity for the first time, and that, therefore, where, as in the present case, a minor girl had illicit intercourse with the accused before the alleged kidnapping took place, there is no offence under that ..... section, although the offence of kidnapping under section 363 might ..... 1386 ; while the calcutta, patna and madras high courts and the chief court of lower burma have held that it is used in the former sense : prajullakumar basu v. ..... baijnath (1932) 33 cri. l. j. ..... 669, [1932] a. l. j. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom303; (1935)37BOMLR230; 157Ind.Cas.646
..... that agreement was to the effect that the decree-holder would accept satisfaction of his decree in a modified form and would abandon the execution proceedings which were being taken, as soon as four specified conditions had been fulfilled by the judgment-debtor.further on, on the same page, the learned judge says :-beyond all question there had been no adjustment of the decree to the satisfaction of the decree-holder, and there has been none to this day.then at p. ..... what had happened in that case was that the decree-holder had not certified any adjustment of the decree under rule 2 (1) of order xxi and the judgment-debtors, though they informed the court of an alleged adjustment, had not done so within the period of ninety days allowed under article 174 of the indian limitation act. ..... 262) :--what has been pointed out to us on behalf of the respondent is this, that, on the' appellant's own showing, the decree had not been adjusted, in whole or in part, to the satisfaction of the decree-holder on the 25th of october, 1920, when the judgment-debtor's petition was presented to the court. ..... shivnarayan is an authority, if any be needed, for the proposition that the sub-court at andheri, to which this decree had been transferred, was the court whose duty it was to execute the decree and the court which could properly entertain a request from the judgment-debtor for the recording of an adjustment.5. ..... gurpadappa (1932) 35 bom. l.r. 91.6. ..... venkata reddi i.l.r(1932) mad. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom333; (1935)37BOMLR410; 159Ind.Cas.363
..... i, therefore, hold that the plaint substantially complies with the, requirements of the statute as far as the cause of action is concerned, though it is necessary in such cases, as was pointed out in the calcutta case which i have referred to before, that the plaint in a suit under the indian fatal accidents act should not only give full particulars of the person or persons for whom or on whose behalf the action is brought, but also particulars of the nature of the .loss for which damages are claimed ..... the test, therefore, is the right of control which a person has in the manner in which the other does the work, and the master is liable when the act committed by the servant is expressly authorized by the master or if the wrong done is incidental to such act. ..... the plaintiffs are the widow, sons and daughters respectively of one motabhai nanabhai shroff who died of the injuries received by him in a motor accident on june 8, 1932, in balaram street, bombay, and have brought this suit as the representatives of the deceased under the fatal accidents act, xiii of 1855, to recover the sum of rs ..... as i have said before, the question is not entirely free from difficulty, but taking the document as it is, in connection with the evidence of the defendant as to the payment of the amount and the manner in which it was to be paid, i am inclined to hold that the defendant was not the owner of the car, but was a mortgagee with limited rights of ownership ..... the madras railway company i.l.r(1905) mad .....
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