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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: mumbai Year: 1974 Page 1 of about 9 results (0.031 seconds)

Oct 11 1974 (HC)

Vyankatesh Dhonddey Deshpande Vs. Sou, Kusm Dattatraya Kulkarni and or ...

Court : Mumbai

Decided on : Oct-11-1974

Reported in : AIR1976Bom190; (1975)77BOMLR671; 1976MhLJ373

..... relied on a division bench judgment of this court in ganpatrao vishwanathappa barjibhe v. bhimrao sahibrao patil, : air1950bom278 , where it was laid down that under hindu law a decree obtained against the father alone in a mitakashara joint family cannot be executed against the sons' interest in the property after partition without making the ..... parties to the execution proceedings, their interest in the property did not pass to the plaintiff. it was further laid down in that case that under hindu law where the intention to separate was clear whatever the motive with which the partition was effected, whether the intention was to defraud the creditors or merely ..... believe that the ancient law givers who laid so much stress upon the duty of the son to his father's debt would have exempted him from payment of the ..... of objectionable character, even if some type of taxes or duties were exempt from the doctrine of pious obligation for certain reasons which appealed to the ancient smriti text writers: it is for the court to decide the context of the present society whether any particular tax liability is of such a nature ..... us that it is obligatory on the son that he should pay taxes which are legitimately due to the state by his father. even from ancient times till the present day the liability to pay tax to the state is regarded as one of the foremost duties of the citizens. we cannot .....

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Aug 21 1974 (HC)

Sou. Ramkuvar Madanlal Atale Vs. Madanlal Surajkaran Atale

Court : Mumbai

Decided on : Aug-21-1974

Reported in : (1977)79BOMLR143

..... consent itself demonstrates that the concept of divorce by mutual consent is not recognised either in hindu law or under the hindu marriage act, 1955. there is, however, recently a move in that general direction so far as english law is concerned, and this is to be found in the divorce reforms act, 1969, which ..... have only been set aside in appeal and which could not be attacked as a nullity in collateral matrimonial proceedings. as i have discussed above, the hindu marriage act, 1955, does not contemplate, much less permit, the granting of a decree for judicial separation or for divorce by consent of the parties ..... face of the record a nullity or merely illegal, as being in contravention of the provisions of the hindu marriage act, 1955.101. but before i consider that question, there is one aspect of general law as to nullities which must be discussed, and that is; when does an order or decree passed ..... he is not entitled to by reason of the mandatory provisions of section 23 of the hindu marriage act, 1955 (hereinafter referred to as 'the act').36. mr. naik contends that both these questions are questions of law.37. mr. pratap, the learned counsel for the petitioner, contends firstly that the decree ..... divorce was purported to have been made under section 13(viii) of the hindu marriage act, 1955, but it is obvious that the correct provision of law would be section 13(1a)(i) because by that time section 13 of the hindu marriage act, 1955, had already been amended.27. in this petition for .....

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Apr 19 1974 (HC)

State of Maharashtra Vs. Umar Badshah Hassan Damudi

Court : Mumbai

Decided on : Apr-19-1974

Reported in : (1974)76BOMLR788

..... by the learned chief presidency magistrate and direct the additional chief metropolitan magistrate to proceed with the trial of the case in accordance with law. as he has not considered the facts of the case, he will go through the entire evidence adduced by the prosecution so far ..... evasion in some manner must have relation to either exportation or importation. the prohibition may be under the customs act or under the foreign exchange law. unless the prosecution makes an accusation of this nature, there cannot be any occasion for conviction of the accused persons under of the act. ..... was driven to this conclusion as any other interpretation would lead to certain absurd results pointed out by the learned judge. prohibitions under any other law for the time being in force, if so interpreted will include prohibitions which are not germane to the provisions of the customs act, 1962 ..... in any fraudulent evasion or attempt at evasion of any duty chargeable thereon or of any prohibition for the time being imposed under this act or any other law for the time being in force with respect to such goods. (b) * * * he shall be punishable ................'. 12. the section makes three actions ..... evidence was recorded of as many as 13 witnesses. at that stage the question of framing the charge was considered by him. certain points of law were raised both on behalf of the prosecution and the defence. the learned additional chief presidency magistrate considered the various provisions of the act and .....

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Oct 30 1974 (HC)

Narendra Bachubhai Dave Vs. Jethalal S. Dave

Court : Mumbai

Decided on : Oct-30-1974

Reported in : (1978)80BOMLR196

..... words of section 15a containing the non-obstinate clause and running as follows:notwithstanding anything contained elsewhere in this act or anything contrary in any other law for the time being in force, or in any contract,...were sufficient to override a consent decree as a consent decree is included in the ..... the consequences mentioned therein would follow the notification under section 3 notwithstanding anything contained in any contract, grant or document or in any other law for the time being in force. it was held by their lordships of the supreme court that a decree passed by a court would be ..... the division bench has further held that it is necessary to distinguish between decrees which are illegal and void and those that are contrary to law. the decrees falling in the latter category are binding between the parties unless they are set aside in proper proceedings. in that case the ..... been written; and to give effect to the intention as expressed, the expressed meaning being, for the purpose of interpretation, equivalent to the intention. see halsbury's laws of england, third edn., vol. 11, p. 382. reliance was placed by mr. mehta on the decision in kamla devi v. takhatmal : [1964] ..... licence' shall be construed accordingly;section 15a runs as under:15a. (1) notwithstanding anything contained elsewhere in this act or anything contrary in any other law for the time being in force, or in any contract, where any person is on the 1st day of february 1973 in occupation of any premises, .....

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Dec 05 1974 (HC)

Ramesh Ramlal Narang Vs. M.G. Mugwe and ors.

Court : Mumbai

Decided on : Dec-05-1974

Reported in : 1976CriLJ135

..... 'snap' of the 'live link' in the other. it needs be emphasised that detention order in this case was passed immediately after the law to that effect was enacted.35. factual position in the cases decided by another division bench of our high court in criminal application no. 799 ..... unless such satisfaction is liable to be dubbed as perverse, capricious, arbitrary or malicious. question thus essentially is not so much of irrelevancy and law as of perversity or arbitrariness of the conclusions on facts. it is in this context that the observations of the supreme court, at page 901 ..... . restriction on commercial activities is generally resented to by all and concerned persons ordinarily do not understand the logic and philosophy behind such restrictive laws. such offenders do not suffer with any guilt-mania as such activities are not believed by them to be criminal or immoral as their ..... of assessment of the material in possession of the detaining authority is indeed left to the subjective satisfaction of the detaining authorities under the laws dealing with the preventive detention and it is not open for us to go behind these averments and recitals, unless from the impeachable evidence ..... .15. mr. mehta drew our attention to several cases to emphasise the court's duty to the citizen against the sweeping executive powers under the law of detention. the ratio of the leading cases can thus be summarised : (1) notwithstanding the guarantee of the fundamental rights, the constitution recognises .....

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Feb 07 1974 (HC)

Dattatraya Narhar Pitale Vs. Prabhakar Dinkar Gokhale and anr.

Court : Mumbai

Decided on : Feb-07-1974

Reported in : AIR1975Bom205; (1975)77BOMLR533

..... or on behalf of the committee, while owning such share or interest. as the object of the present act is to unity, consolidate and amend the law relating to municipalities prevailing in different parts of the state of maharashtra prior to reorganisation of states (sic) were considered and provisions of sec.16(1 ..... such challenge, then the election will be declared void with the result that even though the returned candidate was declared as successful candidate, he in law at no time became a councillor as such, while under section 44 until a declaration is made that the councillor s disqualified and is disabled ..... away the right of a voter to challenge the validity of election of a returned candidate on such grounds as are permissible to him in law. the fact that a candidate is not disqualified is one of the necessary qualifications before he can file his nomination paper. now a voter can ..... be challenged. in the absence of such limitation, the election, co-option or nomination of any councillor can be challenged on any ground which s permissible under law for challenging the validity of such k election, co-option or nomination. reference was, however, made by mr. deshpande to sub-section (10) and ..... government of maharashtra to advise it on the after consideration the report of the said committee it was considered expedient to unity, consolidate and amend the law relating to municipalities in the state.8. the word 'councillor' is defined in section 2(7) and it means a person who is duly .....

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Jul 16 1974 (HC)

Narayanan Nambeesan Vs. the State of Maharashtra

Court : Mumbai

Decided on : Jul-16-1974

Reported in : (1974)76BOMLR690

..... be held retrospective in operation relying on the observations of chase j. in the american case of colder v. bull, quoted from craies on statute law, p. 388, hereinabove. the section will therefore undoubtedly cover cases of the accused like the petitioners who were convicted prior to april 1, 1974 i ..... of conviction the total period of pre-conviction detention undergone by the accused. but this is a matter of practice and not a requirement of law.25. we may now refer to the other cases holding some other statutes procedural and giving retrospective effect to them and requiring courts to apply ..... increase the punishment, or change the rules of evidence, for the purpose of conviction.... there is a great and apparent difference between making an unlawful act lawful; and the making an innocent action criminal, and punishing it as a crime'.21. the aforesaid principle has been applied by the courts in interpreting diverse ..... no solicitor should thereafter employ the appellant, an unadmitted solicitor's clerk, who had been convicted of larceny in 1953, without the permission of the law society. the appellant's conviction had no connection with money or property belonging to the solicitor by whom he had been employed or any of ms ..... , in re. [1957] 1 w.l.r. 1219. the facts in that ease were that on september 20, 1957, the disciplinary committee of the law society made an order under section 16(1) of the solicitors act, 1941 as amended by section 11(1) of the solicitors (amendment) act, 1956 .....

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Dec 19 1974 (HC)

Mehboob Productions Private Ltd. Vs. Commissioner of Income-tax, Bomba ...

Court : Mumbai

Decided on : Dec-19-1974

Reported in : [1977]106ITR758(Bom)

..... that income may be chargeable to tax under the indian income-tax act, it is not necessary that it should have an origin in some obligation enforceable by law. 32. in commissioner of income-tax v. shaw wallace & co. it was observed that in order to be income, the receipts must be something which ..... proceed from a legal source : in that if the payments are not made the enforcement of the payments could be sought by the payee in a court of law. it does not, however, mean that every voluntary payment will constitute 'income'. thus, voluntary and gratuitous payments, which are connected with the office, profession ..... taken as income. the allahabad high court, however, has rightly observed that the source for the income need not be one which is recognised under the law and that even income derived from an illegal business could be held liable to tax. reference may now be made to the case of doors tea co. ..... which the assessee expected the government of india to honour. no doubt, every time the payments that was made was gratuitous payments in the eye of law, but it was expected that such payment was to be made annually' (page 88). in this view of the matter, the payments were held to ..... payments. it was accordingly contended on behalf of the assessee that payments by virtue of gratuitous arrangements which could not been forced in a court of law would not amount to income, as the receipts would not be referable to a definite source capable of yielding some periodical return. the division bench .....

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Feb 12 1974 (HC)

Bombay Cycle and Motor Agency Ltd. Vs. Bhagwanprasad Ramragubir Pandey

Court : Mumbai

Decided on : Feb-12-1974

Reported in : (1974)76BOMLR612

..... including the present applicant on the issue as to whether or not the vehicle could be confiscated to the state, shall dispose of the case according to law in the light of the observations made in the judgment, so far as it relates to the disposal of the vehicle by confiscation to the state.30. ..... by confiscation of the same to the state, are set aside and the proceedings are remanded back to the trial court for disposal of the case according to law, so far as it relates to the disposal of the vehicle by confiscation to the state. on receipt of the record and proceeding, the trial court ..... given to the parties adversely affected. but though the statute is silent and does not expressly require issue of any notice there is in the eye of law a necessary implication that the parties adversely affected should be heard before the court makes an order for return of the seized property.that was a case where ..... it, and the high court in the exercise of such powers has no right to set aside its own judgment on the ground that it is erroneous in law or in fact, there are no doubt well recognised exceptions to the above principle, such as cases, where the earlier decision was passed without jurisdiction or ..... criminal procedure and rule 7 of the rules passed under the travancore lunacy act, even if the direction in the judgment is not strictly in accordance with law, this is not a case in which the court has acted without jurisdiction or where there was an abuse of the process of court or where any .....

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