Court : Mumbai
Decided on : Jul-06-1960
Reported in : AIR1961Bom167; (1960)62BOMLR880; ILR1960Bom941
..... the united states, volume i, second edition, page 21 quoted from frothingham v. mellon (1923) 262 us 447:'the interest of a taxpayer of a municipality in the application of its moneys is direct and immediate and the remedy by injunction to prevent their mis-use is not inappropriate ... the reasons which ..... the spending of municipal funds by the bombay corporation contrary to the provisions of the city of bombay municipal corpora-lion act. in that case the learned chief justice followed an irish decision, the queen v. drury, (1894) ..... though no rule was formally issued in this case, has drawn our attention to the decision of the supreme court in ram jawaya v. state of punjab, : 2scr225 in which the question was whether in the absence of any statute permitting the government to do so it was open to the ..... expenditure of public monies by government. in this connection, our attention was invited by mr. phadke to the decision of this court in municipal corporation, bombay v. govind laxman, air 1949 bom 229 in which a division bench of this court allowed a rate payer or bombay to challenge ..... , restraining a public authority from misspending public funds. a distinction must however be drawn between the powers of a municipal corporation and the powers of the government of a state. the municipal funds vest in the corporation as trustees on behalf of the public and they are by statute required to expend .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-05-1960
Reported in : AIR1961Bom200; (1960)62BOMLR1017
..... throughout her majesty's dominion and in protectorates, but expressly did not extend to australia, canada, new zealand or south africa.12. thus, it is clear that the maritime conventions act, 1911, was extended to british india ever since it was enacted by the british parliament and it continued in force even up to 1930 when independent india adopted the republican constitution ..... has jurisdiction to entertain proceedings for damages for loss of life both in rem and in personam.'it will thus be clear that since the enactment of the maritime conventions act, 1911, actions for damages either in rem or in personam in respect of loss of life as a result of a collision on the high seas have become cognizable by the ..... again.3. in this connection, reference may be made to a passage in 'maclachlam on merchant shipping'. 7th edition; at p. 238, which is as follows:-'before the maritime conventions act, 1911, it had been decided by the house of lords that the admiralty division of the high court could not entertain an action in rem for damages for loss of life ..... functions rights and obligations of the crown in relation to them. provision was made for the territories of the two dominions: pakistan consisted of the provinces of east bengal, west punjab, sind and british baluchistan and (after a plebiscite) the north-west frontier province and india was to compromise all other territories included in british india. indian states could accede to .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-19-1960
Reported in : AIR1961Bom242; (1961)63BOMLR559; 31CompCas324(Bom); ILR1961Bom508
..... 5. it is, however, urged by the learned special government pleader on behalf of the state and by mr. saranjame on behalf of the municipal corporation, that the protection against testimonial compulsion, which is available under article 20(3) of the constitution to natural individuals, is not available to ..... some of them under section 420, indian penal code. 2. on 18-12-1959 the municipal corporation filed a list of witnesses to whom summonses were to be issued and the ..... it was observed in the course of the judgment in that case: 'the reason underlying the restriction of this constitutional privilege to natural individuals acting in their own private capacity is clear. the scope and nature of the economic activities of incorporated and unincorporated organizations and their representatives demand that ..... accused, but the documents which they are asked to produce belong to the company which is the accused. under section 131 of the evidence act the company can object to its own employees producing its documents in court without its consent, if the company itself cannot be compelled to ..... filed by the nagpur municipal corporation against the nagpur electric light and power company, limited, hereafter referred to as the company, for alleged evasion of octroi dues. in alt the cases the company is accused of offences under section 152 of the city of nagpur corporation act, 1948, and in .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-14-1960
Reported in : AIR1961Bom1; (1960)62BOMLR594
..... it can be so allowed. the learned judge of the court below accepted the view of the high courts of calcutta, rangoon and punjab which is to the effect that a corporation cannot be allowed to institute a suit as a pauper and dismissed the application made before ..... the civil procedure code is not exhaustive and, therefore, where there is no specific provision in the code it is the duty of the courts to act according to justice, equity and good conscience and that purpose is served by applying analogous provisions as far as circumstances permit. while dealing with ..... proceedings in the name and on behalf of the company and under order xxix of the civil procedure code the principal officer of the company may act in legal proceedings on behalf of the company and may be required to appear when personal appearance is necessary. the liquidator can therefore ..... incorporated, or not. according to the english definition contained in the interpretation act that word! shall, unless the contrary intention appears, include a body corporate. it will thus he seen that the inclusion of a body corporate ..... imported for considering how the word 'person' occurring in the indian statute is to be interpreted, according to the definition contained! in the general clauses act, the word 'person' wherever occurring in an indian statute shall, subject to the context, include any company or association or body of individuals whether .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-05-1960
Reported in : (1961)63BOMLR342; [1961(3)FLR131]; (1961)ILLJ711Bom
..... j) applies.' 19. in the case of nagpur corporation v. its employees : (1960)illj523sc the question involved was whether the activity of the municipal corporation is an industry. the question had to be answered in the light of the definition of industry as given in s. 2(14) of ..... of the legislation. the definition has, therefore, to be construed in the light of the aim, scope and object of the whole act. 12. this act was passed in the year 1947 and in the statement of objects and reasons it was stated that after the second world war there ..... 1958. thereafter, he made an application to the labour commissioner, nagpur, under s. 16 of the central provinces and berar industrial disputes settlement act, 1947 (act xxiii of 1947). the petitioners objected to the tenability of the application on various grounds. the objections of the petitioners were overruled and by his ..... the first contention, we take that contention first for decision. sub-section (2) of s. 16 of the central provinces and berar industrial disputes settlements act, 1947, provides : 'any employee, working in an industry to which the notification under sub-section (1) applies, may, within six months from the ..... the purchases and resales are effected by the petitioners themselves. the petitioner-firm is also registered under the central provinces and berar shops and establishments act, 1947. 2. respondent 5, pandurang rajaram kothale, was an employee of the petitioners. according to the petitioners his duties were domestic in nature .....Tag this Judgment!