Court : Mumbai
..... though the solicitor was held entitled to claim the amount deposited in the court which was to the credit of the suit, he was held not entitled to proceed against the opposite party simplicitor upon the settlement of the suit by his client with the other side in the absence of collusion between the parties. ..... narayandas harbhagal air 1932 bombay 363 this court sought to protect the costs incurred by the solicitor before he could be discharged by a lien which could be claimed by the solicitor upon the funds, money and property received for his client and a general lien upon the papers and documents of his client. 21. ..... the defendant no.1 contended in the chamber order that the firm has not given him the noc for filing the vakalatnama of the new advocates, whom defendant no.1 seeks to appoint, on the ground of non payment of certain outstanding fees as shown in the correspondence between the parties. ..... the rules of the original side of the bombay high court rules framed under section 34 of the act are in appendix vi. ..... both these judgments only speak about the lien which cannot be claimed by an advocate under the advocates act and the bar council rules. ..... under section 34 of the advocates act 1961 the high court may make rules in this regard. 19. ..... the firm refused to act upon any such settlement for a number of years and hence defendant no.1 sought to have the firm discharged to appoint new advocates to represent him in ultimately settling the suit. .....
Tag this Judgment!Court : Mumbai
..... as far as issue raised by the defendant that the suit is not maintainable on the ground that the partners of the plaintiff firm are not joined as co-plaintiffs is concerned, the supreme court after considering the provisions of order xxx of the code of civil procedure, 1908 and section 4 of the indian partnership act, 1932 in the case of purushottamumedbhai and co. vs. ..... section 4 of the indian partnership act, 1932, hereinafter referred to as the act, states that: ""partnership" is the relation between persons who have agreed to share the profits of business carried on by all or any of them acting for all. ..... it is clear from this provision of the act that the word "firm" or the "firm name" is merely a compendious description of all the partners collectively. ..... a firm may not be a legal entity in the sense of a corporation or a company incorporated under the indian companies act it is still an existing concern where business is done by a number of persons in partnership. ..... the earlier proviso to sub-rule (3) is substituted by the code of civil procedure (amendment) act, 1976 w.e.f. ..... as far as the allegations of the defendant that the alleged authorized representative of the plaintiff who has filed the suit was earlier working with the defendant and has joined hands with the plaintiff is concerned, it is the case of the plaintiff that the notice of demand was issued by the plaintiff even prior to the date of the said mr.shiv prasad shukla joining the plaintiffs firm as an employee. .....
Tag this Judgment!Court : Mumbai
..... as far as issue raised by the defendant that the suit is not maintainable on the ground that the partners of the plaintiff firm are not joined as co-plaintiffs is concerned, the supreme court after considering the provisions of order xxx of the code of civil procedure, 1908 and section 4 of the indian partnership act, 1932 in the case of purushottamumedbhai and co. vs. ..... section 4 of the indian partnership act, 1932, hereinafter referred to as the act, states that: ""partnership" is the relation between persons who have agreed to share the profits of business carried on by all or any of them acting for all. ..... it is clear from this provision of the act that the word "firm" or the "firm name" is merely a compendious description of all the partners collectively. ..... a firm may not be a legal entity in the sense of a corporation or a company incorporated under the indian companies act it is still an existing concern where business is done by a number of persons in partnership. ..... the earlier proviso to sub-rule (3) is substituted by the code of civil procedure (amendment) act, 1976 w.e.f. ..... as far as the allegations of the defendant that the alleged authorized representative of the plaintiff who has filed the suit was earlier working with the defendant and has joined hands with the plaintiff is concerned, it is the case of the plaintiff that the notice of demand was issued by the plaintiff even prior to the date of the said mr.shiv prasad shukla joining the plaintiffs firm as an employee. .....
Tag this Judgment!Court : Mumbai
..... 552), it was held by a single judge of calcutta high court as follows: "i have considered the question of costs, and it appears to me the rule is this: the executor of the will of the testator is entitled, in the same way as the next of kin would be, to call upon the executor of a prior will to prove in solemn form and to cross-examine the witnesses in support of the will, supposing there are any suspicious circumstances in connection with the execution of that will. ..... (17 madras 374), it was observed by a division bench of the madras high court as under: "two questions arise for determination in this appeal viz. ..... he submitted that the respondents cannot be allowed to intervene at this stage and that if the probate is granted to the petitioner, the respondents can avail of the remedy of filing an application for revocation of the probate under section 263 of the indian succession act, 1925. 15. ..... millicent spencer (1932 blr xxxv 708), a single judge of this court observed as under: "the defendant contends in the first place that this suit is not maintainable on the ground that the plaintiff has no interest in the estate of the deceased. .....
Tag this Judgment!Court : Mumbai
..... . clause (ii) of paragraph 18 of the order reads as under: (ii) however, since the petitioners have approached the court very late and the election process has already commenced, we decline to give any consequential directions, but we do clarify that in case the collector of the concerned district accepts any such application made under subsection (2) of section 6 of the caste verification act, 2000 it is for the concerned collector to decide whether, having regard to the paucity of time and the various election duties with which the collector is entrusted, he would ..... at the time of hearing, the counsel for the election commission assured the court that the instructions will be issued to all the returning officers to ensure that the caste validity certificates accompanying the nomination forms, which were not issued after following the procedure under the act and the norms prescribed by the madhuripatilscase, will be discarded. 7. ..... the procedure specified in the act of 2000 for constitution of the scrutiny committee as per section 6 (1) of 2000 and exercise of that power by the state government is one thing but, the manner in which the said committee has issued validity certificates presumably to undeserving persons is a matter which is not only the concern of the candidates participating in the elections, the voters of the constituency but also that of the state. .....
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..... and after referring to the rejection of such electorates proposed in the communal award of 1932 and the observations of the advisory committee recommended elections to the central and provincial legislatures on the basis of joint electorate. ..... the amending sections read as follows: " in section 5 of the bombay provincial municipal corporations act, 1949, in sub-section (3), for the words "elect only one councillor" the words "elect as far as possible two councillors but not less than two and not more than three councillors, and each voter shall, notwithstanding anything contained in this act, be entitled to cast the same number of votes, as the number of councillors to be elected in his ward" shall be substituted. ..... such entires are to be construed liberally and in their widest amplitude vide the state of madras vs. .....
Tag this Judgment!Court : Mumbai
..... counsel appearing for the respondent referring to section 69(2) of the indian partnership act and the submission that in every matter, the plea of non-registration of the firm that itself cannot be the foundation to reject the plaint is also correct.there is also another facet that the suit filed by the alleged individual partners in their individual capacity 1 air (29) 1942 madras 634 cannot be dismissed under order vii rule 11(d) of cpc at this stage of the proceedings at the instance of the petitioner who was also one of the signatories to the agreement and ..... who has full knowledge that the partnership ..... it is also necessary to consider at this stage the object and purpose of section 69(2) of the indian partnership act, 1932 (mah. .....
Tag this Judgment!Court : Mumbai
..... framed by this court) would demonstrate that under the succession act, the powers of the testamentary court are much wider than mere probating of a will or granting letters of administration; (iii) the testamentary court supervises the distribution of the assets of the deceased and in that sense deals with the property until it is transmitted to the legatee or the legal heirs; (iv) in the absence of any claim adverse to the title of the deceased and between persons claiming through the deceased, the testamentary court has the power to protect the property until it is validly transmitted. ..... that in contentious cases, the proceedings before the district judge shall take, as nearly as may be, the form of a regular suit, according to the provisions of the code of civil procedure, 1908, observed thus:"...the proceeding shall merely take the form of a suit according to the code of civil procedure and that too as nearly as possible, meaning thereby that though the proceeding is not a suit within the meaning of the said expression under the code of civil procedure, yet the provisions of the code of civil procedure, to the extent 7 2007(2) all ..... we, therefore, find merit in the contention of the 9 1932 (35) blr 70010 air 1995 sc 1102respondents that the interpretation which is sought to be placed by the appellant would travel beyond the scope of the jurisdiction of the probate court and would be contrary to legislative intent.16. .....
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..... (4) if, in the exercise of the right herein referred to over any land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land, the state government or its assignee shall pay to such 16 wp.785.08 ors persons compensation for such infringement and the amount of such compensation shall, in the absence of agreements, be determined by the collector or, if his award is not accepted, by the civil court, in accordance with the provisions of the land acquisition act, 1894. ..... be that as it may, the grounds of challenge even in this petition are identical.4 the third petition being writ petition no.1912 of 2008 is filed by a partnership firm, which is stated to be a registered firm under the indian partnership act, 1932. ..... the petitioners have also asked for declaration that the respondent nos.2 to 5 do not have any authority and jurisdiction to levy and demand royalty and/ or penalty for the material excavated from the land used for construction of building either for the purposes of landscaping or for the purposes of laying of foundation of the building after obtaining valid construction permission from the planning authority under section 45 of the mrtp act and necessary permission for non agricultural use under section 44 of the revenue code. .....
Tag this Judgment!Court : Mumbai
..... it is provided by the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and ..... learned counsel further invited our attention to the grounds taken in the appeal and also the arguments advanced before the trial court and submitted that the impugned judgment and order of the trial court deserves to be set aside and appellant-accused deserves to ..... perusal of two written dying declarations and one oral dying declaration before pw 6 by anita, we find that specific overt act is attributed to the appellant accused that the accused appellant poured kerosene on the person of deceased anita and set her on fire. ..... " therefore, in the light of the observations of the hon'ble supreme court as aforesaid, in our opinion, the argument of the appellant that it was incumbent upon the medical officer to put certain questions to the patient before giving endorsement that the patient is in fit condition to give dying declaration, is without ..... " on careful perusal of both written dying declarations, specific overt act is attributed to the accused-appellant and in both the dying declarations deceased anita had stated that accused poured kerosene on her person and set ..... gujarat, reported in air 2007 sc 1932, in para 11 held thus:-"the burn injuries were caused by kerosene as it also evident from the report of the forensic science laboratory (exh. 73). .....
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