Court : Mumbai
Reported in : (1932)34BOMLR1057
..... section 30, 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...without any abatement or deduction whatever, except ...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 and quality could be delivered at such place, without any abatement ..... sections 29 and 30 are sections of a taxing act not to be pressed against the taxpayer beyond their plain intendment, and taken as a whole, as their lordships read them, they seem to disclose on the part of the legislature when describing the price which is to represent the ' real value ' of the goods to be taxed a definite purpose to define a price-conservative in its every aspect and free in particular from any loading for any post importation charges incurred in relation to the goods, the price is to be a price for goods, as they ..... and, first, with reference to the position of the oils in the bombay market, the outstanding fact is that, imported as they are under the trade description of ' gargoyle,' of no other oils can it be said, in bombay, that, using the language of the act, they are of ' the like kind and quality. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1065
..... june 24, 1920, the application was manifestly out of time; it was within time if the critical date is that of the decree of the high court of august 24, 1922, and the decision of this question depends on whether madan mohan's appeal which was dismissed on the latter date was an appeal within the meaning of the second clause in the third column of the article cited above. ..... the appeal, though irregular in form, as not being an appeal against the decree of the subordinate judge, and being insufficiently stamped for this purpose, was admitted and heard in due course by woodroffe and suhrawardy jj, objection was taken to the form of the appeal; madan mohan asked to amend but this was refused, in the result, the appeal was dismissed both on the ground of irregularity and upon the merits, and the dismissal was embodied in a decree of the high court dated august 24, 1922.9. ..... in the courts of madras, bombay and patna, the view which was taken by the minority in the allahabad case, and which favours the present appellants, has ultimately prevailed.15. ..... it is upon the effect of this appeal that the decision of the question under article 182 of the indian limitation act now before the board depends.10. ..... this appeal raises a question as to the construction of article 182 of schedule i of the indian limitation act, 1908.2. .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1483
..... the power to alienate the property of a minor, i also agree that there will be inconvenience in the matter of sales or conveyances of property belonging to a minor, and that it is desirable that before a de facto guardian purports to alienate property on behalf of the minor, he should get himself appointed as guardian under the guardians and wards act, i have not to consider what the law on this point should be, but i am bound to ascertain the hindu law as laid down by the ancient texts, and in the absence of texts as laid down by the decisions of the ..... 768 it was held by the madras high court that an alienation by the maternal uncle and de facto guardian of a hindu minor, for a necessity of the minor, was valid under the hindu law.12. ..... i have referred to the decisions of the calcutta high court and the madras high court accepting that view. ..... the principle enunciated by lord robson has been applied by the madras high court in the case of sundara nadan v. ..... 830 and by the madras high court inseetjaramanna v. ..... so that both the calcutta high court and-the madras high court have held that a de facto guardian of a minor may sell the minor's immoveable property, and in holding so they undoubtedly purported to follow the case of hunoomanpersaud panday v. ..... the high courts of calcutta and madras have both come to the conclusion that a de facto guardian of a minor has the power claimed, and in so doing they considered that they were following the decision of the privy council. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom15
..... so that both the calcutta high court and the madras high court have held that a de facto guardian of a minor may sell the minor's immovable property, and in holding so they undoubtedly purported to follow the case of hunooman persaud panday ..... 297, observes:and where the act is done by a person who is not his guardian, but who is the manager of the estate in which he has an interest, he will equally be bound, if in the circumstances the step taken was necessary, proper, ..... is no natural guardian available, the court can appoint any person to be the guardian of a minor, and it is to be observed that if the de facto guardian in the present case had been appointed to act by the court she would have had no power to make the sale in question without an order of the court: see section 29, guardians and wards act.14. ..... a person who has assumed without authority to act as guardian, and it is a strong thing to hold that by such assumption he has acquired the right to deal with the minor's immovable property. ..... that there will be inconvenience in the matter of sales or conveyances of property belonging to a minor, and that it is desirable that before a de facto guardian purports to alienate property on behalf of the minor, he should get himself appointed as guardian under the guardians and wards act. ..... it was held:a separated uncle of a hindu minor, who has never intermeddled or acted as a guardian, cannot claim to be authorized as a guardian de facto to sell property on behalf of the minor. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom602; (1932)34BOMLR1317; 140Ind.Cas.745
..... i think that the decision of the full bench of the madras high court in madam pillai v. ..... community of ahmedabad, and that there is a caste rule of that community that a male person is not to marry a second wife in the lifetime of the first wife without the permission of the community, and the community require on giving their permission that suitable provision be made for the maintenance and residence of the first wife, in the year 1921 mohanlal wanted to marry a second wife and the present appellant gave her consent to that marriage, and the parties then executed a document, which is exhibit 18. ..... on february 1, 1928, the receiver made an application, out of which this appeal has arisen, under a 4 of the provincial insolvency act, asking that the appellant on this appeal, bai mani who is the first wife of the insolvent, be directed to give possession to the receiver of certain immoveable property. ..... on mohanlal's insolvency the receiver attempted to take possession of this house, but on being resisted by the wife, applied to the court under a, 4 of the provincial insolvency act to obtain it. ..... the agreement, i think, is really one to execute a settlement of the house on the wife for her lifetime, and if i am correct in my view, it will fall within section 17(2)(5) of the indian registration act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom534; (1932)34BOMLR1203
..... the decision of this court in khema bukhad, in re, was that the court referred to in section 520 was the court to which an appeal or application for confirmation or reference or revision might be made in respect of, what i may call, the main charge, and the court held in that case that, inasmuch as the accused had been acquitted, the only possible appeal would be by government to the high court, and therefore that the high court was the only court which could make an order under section ..... provides:-any court of appeal, confirmation, reference or revision may direct any order under section 517 section 518 or section 519, passed by a court subordi nate thereto, to be stayed pending consideration by the former court, and may modify, alter or annul such order and make any further orders that may be just. ..... justice ainslie has held, under the provisions of section 419 of the criminal procedure code of 1872 which section corresponds with our present section 520, that a case like the present one can be disposed of by the sessions judge, and that the words 'court of appeal' appearing in the section are not necessarily limited to a court before which an appeal ..... interpretation of the section, the learned judges in khema rukhad, in re, held that the proper court which would have jurisdiction in the case before them would be the high court as it was a case of an acquittal by a first class magistrate and an appeal from such acquittal would lie not to the sessions court but to the high court. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)ALD(Cri)116; (1932)34BOMLR1048
..... naslan] and the management and collections of the entire estate of shadipur shall be in the hands of their husband, syed afzal hasan, in his capacity of a husband ; if on the part of the husband there is any act of neglect) or estrangement towards either of the wives, then, in that case, the wife's only remedy will be to have the management of her share performed by the government through the court of wards ; but during the lifetime of afzal hasan neither of the wives shall have the power on her own authority to have the management of the share which ..... is owned by her performed by any member of her father's family, and if in contravention of this agreement the defendant refuses to marry the plaintiff by way .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom654; (1932)34BOMLR1332
..... supposing after the birth of c, the father b is given in adoption, the difficulty in accepting the appellant's argument based on the madras decision will be realised in deciding the question whether the father would take with him in his adoptive family the whole of the estate once vested in him and subsequently turned into joint family property by the birth of the son c to him, or whether he would take only half of the property, or none at all. ..... it is unnecessary to discuss at length the point dealt with by the madras high court that the estate once vested cannot be divested, it is admitted, however, that if the natural father gives his son in adoption, the right which the natural son has vested in him by birth under the mitakshara law and which he can enforce by a partition suit is lost to him or might be said to be divested by his adoption in another family. ..... the author of the chandrika thus explains, 'by this it is declared that by the act alone, creating the filial relation, the property of the son-given in the estate of his adopter is established, and connection to him as belonging to the same family ensues : but through extinction of the filial relation from the mere gift, the property of the son-given in this estate of the giver is extinguished; and connection to the family of the giver is annulled.24. ..... [1932] mad. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom476; (1932)34BOMLR1102
..... obvious that if the cash really is an amount collected by the applicant as agent of the karnatak company, it is neither his property, nor the property of his brother, but the property of the company, and not therefore liable to be attached nevertheless the present application for revision of the magistrate's order raises a legal point of some difficulty, because section 386of the criminal procedure code contains no provision for an inquiry by the magistrate as to claims by third parties, and there is no such provision to be found anywhere else in the code except in ..... we accordingly direct that the sale of the property attached be stayed by the joint sessions judge for such time as in his opinion will be sufficient to give the claimant time to establish her right thereto, unless of course by reason of the nature of the property an immediate sale would be for the benefit of the owners in which case the proceeds should be held ..... malgi, is a typist-sectioner in the subordinate judge's court at gadag, his brother, s.v.malgi, a pleader of gadag, was convicted under section 17(2) of the criminal law amendment act on february 1, 1932, and sentenced to pay a fine ..... 976 the judgment there is a very short one, and i may quote it in full:no provision having been made in the code of criminal procedure for inquiring into title by the criminal courts it appears to us that the same practice should be followed hero as is laid down in the decisions of the high courts of calcutta and madras ; see .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1567
..... already expressed by their lordships and having regard to the terms of the will, this part of the decree must be varied by declaring that such of these properties as might have been acquired by the late raja on or before the date of the will will pass to the defendant, but those acquired after that date will pass to the plaintiffs, unless it is shown by the defendant that they were added by the late raja to the impartible estate, with the intention of incorporating them with that estate, in ..... properties other than bhose specified in schedules ka and kha annexed to the decree of the subordinate judge, the defendant shall be entitled to such of them as were acquired on or before the date of the raja's will dated august 27, 1915, and that the plaintiffs shall be entitled to such of them as were acquired after that date, unless it is shown by the defendant that they were added by the raja to the impartible estate with the intention of incorporating them with that estate, in which case such of ..... of incorporation have been dealt with in several decisions of the board, but the competency of incorporation was not challenged in any of them, the point, however, was raised in a madras case which is referred to later. ..... 853 this was a case under the oudh estates act, 1869, the properties alleged to have been incorporated were all ..... the will is governed by the hindu wills act, 1870 several sections of the indian succession act, 1865, are thereby made applicable to wills governed by the act .....
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