Court : Mumbai
Reported in : (1935)37BOMLR99
..... his substantive sentence, but also the sentence imposed upon him in default of payment of the fine, and now asks that the warrant for the recovery of the fine issued against him should be withdrawn, and in support of his contention he relies on the proviso to section 386 (1), that proviso provides that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in ..... default, no court shall issue a warrant under the section unless for special ..... this is an application in revision in which the applicant asks us to review the order of the sessions judge of sholapur refusing to order the withdrawal of a warrant issued under section 386 of the criminal procedure code, the relevant facts are that in the year 1930 the present applicant was convicted of certain offences, and he was sentenced to substantive terms of imprisonment ..... in january, 1932, a warrant was issued for the recovery of the fine under section 386 of the criminal procedure code, and was sent to the collector for execution .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom298; (1935)37BOMLR150; 157Ind.Cas.658
..... in our opinion the view that the word 'remarriage' in section 2 refers only to remarriage under the act is too narrow a view and mistaken, firstly, because the words 'under the act' do not occur in the section, and, secondly, as the act is intended merely to remove obstacles to the remarriage of hindu widows and not to prescribe the kind of remarriage the widow of a hindu ..... the judgment was delivered by a single judge, the respondent, who applied for the execution of the decree in question, had obtained a decree declaring him to have been validly adopted by one shankarrao's widow, but before that the widow rangubai had obtained a decree against two persons on a money claim and had already received the first instalment due thereunder and the respondent merely produced the said decree alleging, but without showing, how he had become the proprietor of the ..... it has been argued that the expression must be more strictly construed, that as the act was intended to remove the legal obstacles that might exist to the marriage of hindu widows, it cannot have been intended to apply to a widow to whose remarriage, owing to her prior conversion, no such obstacles existed, and that the intention of this act cannot be to impose any liability or disability upon widows who are entitled to remarry apart ..... the ratio decidendi of the calcutta, madras and patna cases is that 'any widow' in act xv of 1856 refers to the widow of any hindu, and not merely to a widow who is and remains ..... tejmal (1932) 35 ..... 1932 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom150; (1935)37BOMLR39; 155Ind.Cas.945
..... then the section deals with the costs of the taxation, and provides that the costs of the reference shall be paid according to the event of the taxation, that is, if the bill when taxed be less by a sixth part than the bill delivered, then the solicitor has to pay the costs, and if the bill when taxed shall not be less by a sixth part than the bill delivered, then the party chargeable has to pay the costs, and the only discretion as to costs which is left in the taxing master is that if he thinks there are ..... 453) :-.it appears to me that they have not fulfilled their obligation as solicitors to their client, in expressing the condition in the language which they did.a careful perusal of the case shows clearly that the principle laid down was that in imposing a condition upon a client the solicitor must act in a fair manner and not in a fraudulent or dishonest manner so as to overreach the client, in other words, the condition must not be such as would 'open a door to fraud'.11. ..... in 1932 there was a proposal to settle the partition action, and in connection with such settlement the son desired to know the amount of the solicitors' bill. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom1; (1934)36BOMLR1136
..... it is not disputed that all three barristers were convicted by presidency magistrates under section 17(1) and (2) of the criminal law amendment act (xxiii of 1932) in that they had been members, and assisted, and managed the operations, of the bombay provincial congress committee emergency council, an association declared unlawful by the government of bombay. ..... ii of 1827, section 56, which is the first legislative enactment on the subject, the court can take action against a pleader accused of a criminal offence or guilty of mis-behaviour or neglect of d y; under clause 10 of the letters patent the court can take action on reasonable cause; under the bombay pleaders act of 1920, section 24, the court can take action against a pleader convicted of a criminal offence implying a defect of character which, in the opinion of the court, renders him unfit to be a pleader, and under section 25 the court may take ..... the notification by government declaring the association unlawful merely recited, in the words of the criminal law amendment act, that in the opinion of government the association had for its object the interference with the administration of the law or with the maintenance of law and order and constituted a danger to the public peace. .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR78
..... any claim thereto and any objection to the attachment thereof shall be the court of highest grade, or, where there is no difference in grade between such courts, the court under whose decree the property was first attached.the effect of that section in the present case is to impose upon the first class subordinate judge at dharwar the duty of realising the property, receiving the proceeds and determining the claims thereto; and amongst those claims to be determined are the claims of persons who have obtained attachments ..... in execution of the decrees of inferior court of rateable distribution of the proceeds of the sale. ..... on july 21, 1932, the applicant got leave to purchase the property at the court sale and to set off the purchase money against the decretal amount. ..... but section 63 does not determine the principle on which the court is to act in determining the claims ; it only lays down which court is to decide the question. ..... 357 which has since been dissented from by the high court of madras.6. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom176; 159Ind.Cas.505
..... so that considerations of equity and common sense suggest that in a case in which the court is determining under section 63 the right to rateable distribution, the true construction of section 73 is that an application need only have been made to the court which granted the decree before the receipt of the assets and need not be made to the court which holds such assets; in ether words that the court to which application for execution must be made means appropriate court and includes an inferior court which ..... that section dealt, not with the assets held by the court, but with assets which had been realised by the court, and instead of referring, as the present section does, to an application to the court for the execution of a decree, it refers to an application to the court which has realised the assets, so that there could be no doubt that under the old section the court to which an application had to be made was the court which had realised the assets. ..... on july 21,1932, the applicant got leave to purchase the property at the court sale and to set off the purchase money against the decretal amount. ..... but section 63 does not determine the principle on which the court is to act in determining the claims; it only lays down which court is to decide the question. ..... 357, which has since been dissented from by the high court of madras.6. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom212; (1935)37BOMLR148
..... that is the scheme of the act.this view was in consonance with the judgment of the judicial committee which was delivered by lord shaw. ..... , wherein, in the course of the argument before the judicial committee of the privy council, lord tomlin, one of the members of the committee, observed (p. ..... umedram : air1928bom476 section 7 (iv) (f) relates to suits for accounts and is to the effect that the amount of court-fee payable in such suits is ' according to the amount at which the relief sought is valued in the plaint or memorandum of appeal'. ..... 842) :-in section 7 the amount of the fee is to be computed, in suits for accounts, according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. ..... [his lordship then went into the merits of the case and concluded :] i, therefore, agree that the learned subordinate judge's decree should be set aside and that a commissioner should be appointed to take account of kanji's estate on the footing that it amounted to rs. ..... of course, if the appellant recovers more, he pays the extra fee under section 11 of the act. ..... 'no reasons were given for the decisions in either of the two madras cases. ..... 5,450 under section 7 (iv) of the court-fees act, and referred to the decision in srinivasacharlu v. ..... if, therefore, the appellant values the relief in the memorandum of appeal and pays a fee thereon, that is the amount of fee properly payable. ..... 165, and venkatanandam, in re i.l.r(1932) mad. .....
Tag this Judgment!Court : Mumbai
Reported in : [1935]3ITR147(Bom)
..... motion under section 66 (1), income tax act, 1922, in which he raises two questions, the first one being, in effect, whether section 24-b, which was added to the income tax act by the income tax (second amendment) act of 1933 has retrospective effect so as to apply to the case of a person dying before the amendment act was passed, and, secondly, whether, if the amendment act has retrospective effect, the commissioner was justified in taking action against the assessee under section 34, income tax act.it was held by this court in commissioner ..... she died on 6th may, 1932, before any return had been made, and the question which arises is whether her estate is liable for the tax in respect of the year 1932-33 under the provisions of the amendment act, she having died before the act was passed. ..... the year concerns the financial year 1932-33 after a notice had been issued to avabai under section 22 (2) of the act calling upon her to submit a return of income showing her income for the preceding year. ..... mehta under section 22 (2), income tax act, requiring her to make a return in respect of her income for the year 1932-33. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom287; (1935)37BOMLR288; 159Ind.Cas.911
..... for the plaintiffs in the same terms as the decree which i passed on august 16 last against defendants 1 a and 1 b and 4th, 6th and 7th defendants, the decree against the 2nd and 3rd defendants being limited to their respective interests in the coparcenary property if any of the joint family of which the 2nd and 3rd defendants and the original 1st defendant were members, and the decree against the 5th defendant being limited to the coparcenary property if any of the joint family of which he and the 4th ..... according to the plaintiffs, the original 1st defendant and his two sons, the 2nd and 3rd defendants, formed a joint and undivided hindu family of which the original 1st defendant was the 'karta' or manager ; the 4th defendant and his son the 5th defendant formed another joint and undivided hindu family of which the 4th defendant was the manager; and the original 1st defendant and the 4th defendant on behalf of themselves and their respective joint families and the 6th ..... hari narain : (1932)34bomlr1079 , to which i have referred before, but it is still an authority for the proposition that the commercial debts of the father which are valid and binding on the father are debts to which the pious obligation of the son extends.12. ..... ratnajee bhootaji where the chief justice of madras pointed out that a father's commercial debts were not illegal or immoral.13. ..... they acted as commission agents in bombay for the firm of chaturbhuj pitamberdas & co. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom95; (1934)36BOMLR1231
..... been that, even on the finding that the land is inalienable, the learned district judge's order is wrong, because both he and the subordinate judge were acting as executing courts and had not the jurisdiction to hold that the decree could not be executed on such a ground, and were bound, so long as the decree stood, to carry ..... the terms of the grant, the crown grants act has also been relied on for the contention that the land cannot be sold under the decree ..... that the first point must prevail, and that when once a decree is made against certain property, it no longer is possible in execution for the judgment-debtor to contend that the property decreed against cannot be so treated and executed against on several grounds, the first being that executing courts cannot inquire into the legality of such a decree, for if they could, there would be no end to litigation, and they would, in fact, be acting ..... the original court it was contended that sections 10 and 11 of the watan act applied, but though the grant calls it a watan, it is now conceded that it is not a watan under that act, which relates to grants in consideration of services to government: but one for service to the community, and this second class of grants does not fall within that act ..... xxi, rule 22, civil procedure code, was ordered to issue, and on june 27,1929, the court ordered the property to be sold, and the papers to be sent to the collector, and after all that came the application, which has occasioned this appeal. .....
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