Court : Mumbai
Reported in : AIR1933Bom309; (1933)35BOMLR546; 145Ind.Cas.648
..... it appears that those two sub-sections were originally not limited to the case of the person under examination making an admission, and in the cases to which i have referred the learned judges seem to take the view that, because the act has been amended by providing that summary orders under those two sub-sections can only be made on an admission, that shows that it was intended to limit the operation of the whole section to cases in which an admission was likely to be extracted, that is to say ..... on the question as to the true construction of section 36 of the presidency-towns insolvency act, with the utmost respect to the learned judge, i am unable to agree with the view which has found favour with him as regards the object and the scope of the section. ..... that being so, the bank made an application for the examination of the son and daughter, that is to say, the two respondents, under section 36 of presidency-towns insolvency act, and on june 14, 1932, mr. ..... justice barlee under section 36 of presidency-towns insolvency act for the examination of the two respondents in these two appeals.7. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom427; (1933)35BOMLR896; 147Ind.Cas.370
..... that the commissioner considered that the data furnished by the assessee was not reliable for two reasons, (1) that the company had failed to put in a return in the prescribed form as required by section 22 of the act, and therefore under section 23(4) the income-tax officer was entitled to assess the company to the best of his judgment; and (2) that the company had failed to supply the income-tax officer any actuarial valuation for the indian business even though it was specifically asked to do so, and therefore the officer ..... was entitled to proceed in the manner laid down in rule 35.14. ..... it is, further, to be observed that the madras high court in chief commissioner of income-tax v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom396; (1933)35BOMLR609
..... the respondent on the present appeal also claimed to be the legal personal representative of the mortgagor, and on august 24, 1927, he made an application in the darkhast proceedings asking that the question regarding the rights of the legal representative should be decided if possible by taking legal evidence or the' then present darkhast should be kept pending without awarding possession to the mortgagor's widow until the final disposal of the suit which the present respondent had filed. ..... his contention is that order xxii, rule 3, provides that on the death of a plaintiff his legal representative may be brought on the record, and that rule 4 provides that on the death of a defendant his legal representative may be brought on the record, and then rule 5 provides that where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant such question shall be determined by the court, then rule 12 provides that rules 3 and 4 are not to apply ..... but therein he is wrong, because the last paragraph of section 244 of the old code is substantially in the same language as sub-section (3) of section 47 of the present code, the only difference being that under the old code the court had an option whether to decide the question or to stay the proceedings. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom407; (1933)35BOMLR881; 145Ind.Cas.619
..... is a notice of motion taken out by the applicant vallibhai adamji to set aside the adjudication order made on november 7, 1932, adjudicating him and his son salebhai vallibhai, both described as 'lately carrying on business in partnership at taher building, koliwada, mandvi, bombay, in the name and style of salebhai vallibhai and at saddar bazaar, bilaspur, in the name and style of adamji kadibhai'. ..... 700 that this section was 'one of the series of sections materially altering the rules of english common law as to the devolution of the benefit of and liability on joint contracts, the english rule corresponding to section 43 being that 'all joint contractors must be sued jointly for a breach of contract ..... even assuming that that decision is binding upon me, and that a subsequent suit is not competent to the promisee after recovering judgment against one of the co-promisors, it is only the remedy of the promisee by a separate and subsequent suit that is barred by reason of the supposed merger of the debt in the decree. ..... the earlier decisions in calcutta and madras adopted the rule in king ..... section 43 of the indian contract act, however, makes the liability on all contracts joint and several, and allows a promisee to sue one or more of the several joint promisors as he chooses, and excludes the right of any one of them to be sued along with his co-promisor or co- ..... the earlier madras decision has, however, not been followed in the later decisions of that court: see ramanjttiw naidu .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom307; (1933)35BOMLR384; 145Ind.Cas.161
..... there are certain passages in the judgment in that case which perhaps indicate that the madras high court took the view that a criminal prosecution on the same facts must necessarily prejudice the trial of a civil suit, so that the mere pendency of a civil suit instituted before the criminal complaint would be a ground for staying the criminal proceedings. ..... framji : (1928)30bomlr962 which can be said to be really inconsistent with the madras case if the proposition laid down in the latter be taken as a general and not as an invariable rule. mr. ..... then, on september 20, 1932, thirteen days after the filing of the plaint in the civil suit, the opponent filed a criminal complaint of defamation against the applicant, and the defamation is alleged to consist of the charges which the applicant had made against the opponent in his complaint on march 18, 1932. ..... we have been informed that the summons in the suit was not served upon the opponent until october 12, 1932, but as it was a suit against the municipality previous notice of it must have been given, and we think there cannot be any doubt that the opponent must have come to know about it when, or shortly after, the plaint was presented. ..... 584):-no doubt this court has often acted on the principle that criminal proceedings should not go on daring the pendency of civil litigation regarding the same subject-matter. .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR474
..... the first is that the joint trial was irregular, the rape by each of the accused being isolated acts not forming a single transaction, and, secondly, that inadmissible evidence has been admitted in the shape of statements to police-officers made in the course of the investigation, the admission of which is prohibited by section 162 of the criminal procedure code, and that the jury were so misdirected by the learned assistant sessions judge, who invited them to ..... the first of these involved a question of whether the karbhari of the chafal mahant, who was tried along with the cashier of that foundation, had been properly tried at the same trial with his co-accused for misappropriating the trust funds, and it was held that the trial had been regular as each of the accused would there have been unable to act separately and without the other's connivance, though the acts of misappropriation alleged against ..... that any specific piece of evidence may not have influenced one or more members of the jury, yet, in view of the facts and the judge's charge which, apart from this one haw, was admittedly a fair one, we think that the admission of the evidence, which has been rejected by us, and the reference to it in the learned judge's charge are not facts which, in view of section 167 of the indian evidence act, would justify us in interfering with ..... as distinguished from written ones are admissible for certain purposes and relied in the first instance on the madras case of venkatasubbiah v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom313; (1933)35BOMLR576; 145Ind.Cas.405
..... the respondent then applied to the collector under section 23 of the act, and the collector set aside the mamlatdar's order on the ground that the mamlatdar had no jurisdiction in the ..... in which this court held that an application in revision would not generally be entertained where the parties had another remedy, and since under the mamlatdars' courts act the proceedings are purely summary and the parties can get their ultimate rights determined in a suit, the court in that case refused to interfere. ..... basangowda the collector had not held that the mamlatdar had no jurisdiction ; he merely disagreed with the mamlatdar's appreciation of the evidence, and that being so i entirely agree, if i may respectfully say so, with the view which the court took that the proper course for the appellant was to start a suit and get his rights ..... but here the applicant had two rights-either to start a suit or to apply under the mamlatdars' courts act, and the effect of the collector's order is to deprive him of that second ..... is an application in revision in which i am asked to set aside an order of the collector of ahmednagar made under section 23 of the mamlatdars' courts act (bombay act ii of 1906). ..... of the act provides that every mamlatdar shall, preside over a court which shall be called a mamlatdar's court and which shall, 'subject to the provisions of sections 6 and 26,' have certain ..... the learned collector took a view of the mamlatdars' courts act with which i find myself wholly unable to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom182; (1933)35BOMLR298
..... on which the attorney has a right of lien for his ..... the converse case of the attorney being required to conduct the suit or proceeding on behalf of his client has no application as the attorney cannot be allowed to prejudice his client's case or proceeding by refusing to act for him for want of sufficient advances unless he discharges himself on his own application by an order of the court from acting as attorney for the client, for in the latter case the attorney would disentitle himself from withholding from his client for the purposes of the suit or proceeding then pending, the papers and documents ..... ' it is conceded on behalf of the applicants that they would not be entitled to obtain an order in this form as the attorney can claim to have a lien on the papers and documents in his possession not only for the costs of the particular suit or suits to which they relate but also for the costs of all other matters in which the attorney has been employed.2. .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR337
..... the question before the board in the reported case was whether under article 179 of the second schedule to the indian limitation act of 1877, which corresponds with article 182 of the act of 1908, the assignee of the original decree-holder could claim three years from the date of the dismissal in this board. ..... was a contention that the decree which it is sought to enforce had been constructively turned into a decree of his majesty in council and assigned to the date of the 13th of may, 1901, by virtue of the dismissal of the appeal for want of prosecution on that date, and that therefore the period of limitation was twelve years from the 13th of may, 1901, by virtue of article 180 under article 180, twelve years was allowed for the execution order of his majesty in council of the indian limitation act. ..... the principal question in this appeal is whether an application for the execution of a decree is time-barred under the provisions of article 182(o) of the first schedule to the indian limitation act, 1908. ..... their lordships think that when an order is judicially made by an appellate court which has the effect of finally disposing of an appeal, such an order gives a new starting point for the period of limitation prescribed by article 182 (8) of the act of 1908. .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR327
..... the respondent, however, as a party to the arbitration, would be entitled under the act to enforce the arbitrator's award through the court in exactly the same way as if it ..... column 1.0, which relates to 'the mode of assistance sought for from the court,' it was stated : 'it is prayed that possession may be delivered to the decree-holder of the properties mentioned in the schedule below according to the terms of the award, and orders may be passed ..... 13,063-12-0, and the executors were directed to make over the properties and all documents relating there-to, together with all accounts from the date of the death of the testator, to the respondent's father or such other person as may be appointed guardian of his ..... this is an appeal from an order of the high court of judicature at fort william in bengal, dated december 11, 1930, which set aside an order of the third subordinate judge of hooghly, dated june 29, 1929, and directed that an application for execution of a decree presented by the respondent to the court of the subordinate judge be entertained as an application for execution of ..... the powers of a court in proceedings under the indian arbitration act are defined by the act ..... the order, however, was set aside on appeal on the ground that the reliefs claimed were such as could not be granted on a notice of motion made under the indian arbitration act ..... the act does not contain any provision for making a decree on an award such as is contained in schedule ii, paragraph 21, of the code .....
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