Court : Mumbai
Reported in : AIR1932Bom253; (1932)34BOMLR411
..... presented an application to the district judge under section 215 of the indian companies act asking the court to determine whether the hundi transaction entered into by the chitale bros, was binding against the company, whether therewas any consideration for the said hundi and whether any amount thereunder was required for the company's purposes, whether the chitale bros, were authorised to contractthis debt under the hundi, whether the ex parte decree is binding on the company and the liquidator on account of fraud of the appellant or his ..... father in collusion with the chitales, and whether the execution .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom228; (1932)34BOMLR382
..... the present case the power to appoint an interim receiver is contained in section 20 of the provincial insolvency act, the court when making an order admitting the petition may, and where the debtor is the petitioner ordinarily shall, appoint an interim receiver of the property of the debtor or of any part thereof, and may direct him to take immediate possession thereof or of any part thereof, and the interim receiver shall thereupon have such of the powers conferrable on a receiver appointed under the code of civil procedure, 1908, as the court ..... section 75 of the provincial insolvency act, after directing in the first paragraph that the order of the district court, upon such appeal, shall be final, provides that the high court, for the purpose of satisfying itself that an order made in any appeal decided by the district court was according to law, may call for the case and pass such order with respect thereto as it thinks fit, and, further, that any such person aggrieved by a decision of the district court on ..... the section of the act says:-subject to the provisions of this act, the court shall have full power to decide all questions whether of title or priority, or of any nature whatsoever, and whether involving matters of law or of fact, which may arise in any case of insolvency coming within the cognisance of the court, or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom247; (1932)34BOMLR427
..... 838 though english cases might be useful for purposes of illustration, the charge which the vendor obtains under the transfer of property act is different in its origin and nature from the vendor's lien given by the courts of equity to an unpaid vendor, and the vendor's lien is a creation of the court of equity and can be modified to the circumstances of the case by the court of equity the statutory charge given by a 55 of the transfer of property act stands on a quite different footing from the vendor's lien. ..... 1161 held that where the vendor has a lien for the unpaid balance of the purchase money, and the vendor's lien gives him a right to keep the title-deeds until payment, the right of the purchaser to obtain possession under section 55(1)(f) of the transfer of property act and the right of the vendor to realise the unpaid balance of the purchase money under section 55(4)(b) may be enforced in one suit.11. ..... the second ground underlying the decisions of the madras high court is that the vendor not being able to set up a counter-claim, nor having, as a matter of fact, made a counter-claim, a decree could not be passed enforcing the vendor's lien. ..... in any case i agree with the decision of the madras high court in velayutha chetty v. ..... there appears, therefore, to be a conflict of opinion between the madras high court on the one hand and the allahabad and the calcutta high courts on the other. ..... the decisions of the madras high court are based principally on two grounds. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom196; (1932)34BOMLR258
..... chapter viii of the criminal procedure code under which the present proceedings were started falls under part iv relating to the prevention of offences, section 107 says that whenever a presidency magistrate, district magistrate, sub-divisional magistrate, or magistrate of the first class is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace, or disturb the public tranquillity, the magistrate may require such person to show cause ..... it seems to me clear that an accused can have the benefit of the proviso only if the magisterial inquiry is to establish his guilt or innocence of the offence which was the subject of the investigation and not, as here, when the offence investigated is not the factum probandum at the trial but only evidence to establish it. ..... proceedings are instituted under chap, viii of the code, and reliance is placed on the amended section 340 and sub-section (8) of section 488 and section 436, which corresponded to old section 437, and sections 107, 112 and 117 of the code, assuming that the applicants are accused within the meaning of the proviso, it must appear that a witness is called in for the prosecution in the inquiry or trial in respect of any offence under investigation at the time when such statement is made. ..... 505 that according to the decision in the madras high court in the case of venkatachinnayya v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom410; (1932)34BOMLR539
..... [in coming to the conclusion that the widows took under the partition deed absolute estates as full owners and not mere life-estates as hindu widows, his lordship observed :] under the indian succession act, 1865, section 82 (which in act xxxix of 1925, is re-enacted as section 95), a bequestmust be interpreted as carrying the whole interest unless it appears that only a restricted interest is ..... to in bhoohun hoyee's case there would neither be : (1) the objection that the religious objects of adoption had been fulfilled in the case of the predeceased brother; nor (2) the secular objection that there would be any divesting of estates ; nor (p) does the son adopted by the elder brother's widow desire to oust the widow of the younger brother from the half to which she has succeeded: that finally (4) even if the son adopted by the widow of the elder brother be taken to have been notionally brought into existence ..... may restate the decision as follows : (1) the younger brother, as the surviving member of the coparcenary, held the property as such survivor: the incidents of this tenure are similar to the tenure of allcoparceners : that tenure includes the liability to have the estate diminished by new births to coparceners : adoption (whether by a widow or the coparcener himself) stands on the same footing as new births : but (2) the widow of the last surviving coparcener holds the property under special terms which have their restrictions, but these do not include the liability to any .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom128; (1932)34BOMLR6; 137Ind.Cas.362
..... possession of the house and its contents ..... if you ask the state authorities whether the seizure of the plaintiff's house and her ornaments as alleged in the plaint were acts of the ruling prince as such or whether they were the acts of the defendant as an individual, the answer must be, from the point of view of the officials of the state, that the plaintiff's house and ornaments were never seized, but that all that was seized were the house and property ..... were framed on the footing that they were preliminary issues, the position of the action is this: the plaint was filed on february 10, 1927, and by it the plaintiff alleges that the ' defendant, whoissued by name and described as ' formerly of indore ', was up to the year 1926 the ruling chief of the indore state, and then it is alleged that prior to 1926 he committed various wrongful acts against the plaintiff, in particular it is alleged that the plaintiff is the owner of a house in bombay and that the defendant wrongfully took .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom291; (1932)34BOMLR236; 137Ind.Cas.381
..... 445 it is said :-where the proceeding adopted is that prescribed by the practice of the court, and the error is merely in the manner of taking it, such an error is an irregularity, and may be waived by the laches or subsequent acts of the opposite party; but where the proceeding itself is altogether unwarranted, and different from that which, if any, ought to have been taken, then the proceeding in general is a nullity, and cannot be waived by any act of the party against whom it has been ..... that both the documents in this case were public documents, can it be said that the assessee had the right to inspect the original documents in the custody of the income-tax officer and is the latter bound to give certified copies thereof to the assessee on demand having regard to the terms of section 54 of the indian income-tax act the answer, it seems to me, must be in the negative. ..... section, after stating inter alia that returns made by an assessee and any record of an assessment proceeding-which would seem to include an order of assessment made by the income-tax authority-are to be treated as confidential, goes on to state that notwithstanding anything contained in the indian evidence act, 1872, no court is entitled to require any public servant to produce before it any such return or record of proceeding or to give evidence before it in respect ..... as far back as 1868 the madras high court dealing with this question held that the leave under this clause is a condition precedent to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom259; (1932)34BOMLR143
..... was considered with reference to the construction of section 29 of the indian limitation act along with section 185 of the bengal tenancy act and it was pointed out that by the expression ' expressly' it is meant that express reference should be made to the specific section in the act, and that, unless such reference is made to the sections and by that reference they are expressly excluded, the sections mentioned in section 29 of the indian limitation act would apply in computing the period of limitation ..... that where any special or local law prescribes a different period of limitation from that prescribed by the first schedule to the indian limitation act, the provisions contained in sections 4, 9 to 18 and 22 shall apply only in so far as and to the extent to which they are not expressly excluded by such special or local law. ..... . 704 it was held that where there is no actual malice alleged or proved, and the act done is not otherwise in itself illegal, legal malice must be averred, and it cannot be presumed in any case where the unreasonableness, carelessness or recklessness of the action taken is not such as to leave no room for supposing that there was any but ..... ' under the bombay district municipal act the expression 'regular line' has a special meaning ; and in the case of houses falling within the regular line, the municipality has special powers, see sections 91 a and 92, but it is now admitted that the house did not fall within the regular line, there being none fixed .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR372
..... objected,-and with good ground,-that the result of the exercise of this power in the present case has been that the learned appellate judge has paid undue attention to evidence adduced before himself: that instead of directing his attention to the whole of the evidence including the evidence adduced in the court of the first instance, he seems to have altogether overlooked the evidence previously adduced, though prima facie the evidence originally adduced would (at least in the eyes of the parties) be more important than such ..... then there was the fact that the kabuliyat for possession was to be retained by the transferor; and my attention was drawn to the new proviso to a 58, clause (c), of the transfer of property act, which makes a distinction between a document that embodies the conditions referred to and a document in which the conditions are not embodied.11. ..... the question is, whether the document, exhibit 97, dated march 17, 1917, is a sale out and out, or whether it cornea within the terms of section 58, clause (c), of the transfer of property act, 1882, and is to be treated as a mortgage by conditional sale.3. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom175; (1932)34BOMLR125
..... i refer in particular to the last nine words quoted below :the 22nd section of the common law procedure act does not deal with questions of variance only,' said lordbramwell, 'but enables a judge to make any amendment necessary for determining the real controversy between the parties. ..... my attention has been drawn to the indian contract act, section 51, which deals with contracts with reciprocal promises; and sections 118, 120 and 55 (4) of the transfer of property act, which deal with exchange. ..... the section of the common law procedure act, and the decision on it, to which i intend referring presently, throw light on the direction contained in order ii, rule 1, that every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. ..... the first and obvious objection to this suit would appear to be that under the proviso to section 42 of the specific relief act such a suit is not maintainable.5. ..... 42 of the specific relief act, that the first plaintiff had become entitled to property a.4. ..... this rule is palpably based on section 222 of the common law procedure act, 15 & 16 vic. c. .....
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