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Aug 09 1983

Narendra Singh Vs. Chhotey Singh and anr.

Court : Supreme Court of India

Decided on : Aug-09-1983

Subject : Constitution

Acts : Advocates Act, 1961 - Sections 7, 37, 37(2) and 38

Reported in : AIR1983SC990; 1983(2)SCALE84; (1983)4SCC131

it was not open to the disciplinary committee of the Bar Council of India hearing an appeal under Section 37 at the instance of the appellant to set aside the order in his favour exonerating him in respect … remand that has been questioned in this appeal preferred by the appellant under Section 38 of the Advocates Act, 1961.5. Miss Thomas, learned advocate for the appellant, relied upon the decision of this Court in Makeshwor Nath Srivastava

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Nov 09 1967

Mamchand and Co. and Others Vs. Commissioner of Income-tax, West Benga ...

Court : Kolkata

Decided on : Nov-09-1967

Subject : Direct Taxation

Reported in : [1968]69ITR631(Cal)

with any summons under section 37(1) of the Income-tax Act, 1922, or under section 131(1) of the Income-tax Act, 1961 or of any notice under section 22(4) of the Income-tax Act, 1922, or under section 142(1) of the … down as ultra vires section 132. I shall now proceed to deal with the contentions of the learned Advocate-General who appeared on behalf of the respondents.The learned Advocate-General submitted that the cause of the search of the

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Nov 11 1975

Commissioner of Income-tax, Gujarat Vs. Mihir Textiles Ltd.

Court : Gujarat

Decided on : Nov-11-1975

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(1), 28, 34(3), 37, 37(1), 37(2) and 279; Town Planning Act, 1954

Reported in : [1976]104ITR167(Guj)

of the Bombay Town Planning Act,1954, is not allowable as a deduction under section 37 of the Income-tax Act, 1961 and hence question No. (1) referred to us in the present case must be answered in the negative … the goods can be claimed as a business expenditure. It is true, as pointed out by the learned Advocate-General appearing for the assessee, that the main controversy before the Supreme Court in Haji Aziz and Abdul Shakoor

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Sep 12 1988

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Decided on : Sep-12-1988

Subject : Criminal

Acts : Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

in parenthesis added by the Finance Act, 1985 introducing the following change in Section 136 of the Income-tax Act, 1961 w.e.f. April 1,1974 from which the CrPC, 1973 came into force. Section 28 of the Finance Act amended … when you are required to appear either in person or by an Advocate to show cause, if any, why proceedings should not be initiated against … Bench of this Court by a majority of 3:2 held that the proceedings before an Income-tax Officer under Section 37(4) of the Indian Income-tax Act, 1922 were judicial proceedings under Section 193 of the Indian Penal Code and

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Jan 12 2001

Gujarat Agro Oil Enterprises Ltd. Vs. Cit

Court : Gujarat

Decided on : Jan-12-2001

Subject : Direct Taxation

Reported in : (2001)170CTR(Guj)458

business and, therefore, allowable under section 37(1) of the Income Tax Act, 1961 ?'2. We have heard learned advocate Shri J.P. Shah appearing for the assessee and learned advocate Shri Akil Qureshi, appearing for the revenue.3. The … been referred to this court for its opinion under the provisions of section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act) :'Whether, on the facts and in the circumstances of the case, and

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Aug 21 1970

Adi Pherozshah Gandhi Vs. H.M. Seervai, Advocate General of Maharashtr ...

Court : Supreme Court of India

Decided on : Aug-21-1970

Subject : Constitution

Acts : Indian Penal Code (IPC), 1860 - Sections 193 and 228; Advocates Act, 1961 - Sections 35, 37 and 38; Chartered Accountants' Act; Code of Civil Procedure (CPC) - Sections 11, 91, 92 and 112;

Reported in : AIR1971SC385; (1970)2SCC484; [1971]1SCR863

under appeal before us, must be: set aside on this short ground without going into the merits of the-case.Section 37 of the Advocates Act 1961 reads "37. Appeal to the Bar Council of India.(1) Any person aggrieved by … CIVIL APPELLATE JURISDICTION: Civil Appeal.No. 2259 of 1969. Appeal under s. 38 of the Advocate's Act, 1961 from the order dated October 26, 1969 of the Disciplinary Committee of the Bar Council of India in

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Apr 29 1994

Commissioner of Income-tax Vs. N.M. Parthasarathy

Court : Chennai

Decided on : Apr-29-1994

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37 and 37(1); Customs Act, 1962 - Sections 111 and 125; Imports and Exports (Control) Act, 1947 - Sections 3

Reported in : (1995)125CTR(Mad)174; [1995]212ITR105(Mad)

Janarthanam, J.1. In this reference under section 256(1) of the Income-tax Act, 1961 (for short, 'the I. T. Act'), at the instance of instance of the Commissioner of Income-tax, Tamil Nadu-II, … of the case, the assessee was entitled to the deduction of the advocate's fees paid in connection with the penalty proceedings before the customs authorities … wholly an exclusively laid out for the purpose of the business of the assessee within the meaning of section 37(1) of the Income-tax Act and the fine paid by the assessee was not an allowable deduction under that

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Dec 15 1975

N.P. Nathwani Vs. the Commissioner of Police

Court : Mumbai

Decided on : Dec-15-1975

Subject : Constitution

Reported in : (1976)78BOMLR1

investigating the affairs of the Company-Barium Chemicals Ltd.- since its incorporation in 1961 and the Court was concerned with the question as to what was … by the Commissioner of Police under Section 37(3). It was urged by Mr. Dhanuka on behalf of the Advocate General that there is a strong presumption of regularity of the impugned order and the requisite nexus in … to internal security, on June 27, 1975, the Commissioner of Police, Greater Bombay by his order issued under Section 37(5) of the Bombay Police Act, 1951, (Bombay Act XXII of 1951) prohibited any assembly of five or more

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Jun 18 2002

Prabhakar Manoharrao Deshpande Vs. Appropriate Authority

Court : Mumbai

Decided on : Jun-18-2002

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 269UC, 269UD, 269UD(1); Income Tax Rules - Rule 48I

Reported in : (2004)186CTR(Bom)270; [2004]266ITR292(Bom)

case No. AHD/AA/NAG-241/1994-95 by respondent No. 1, the Appropriate Authority, IT Department under Section 269UD(1) of the IT Act, 1961 (which is hereinafter referred to as 'Act') for the purposes of brevity.2. The facts which are necessary to … reference to the provisions of Section 34 of the 1996 Act. So far as an appeal filed under Section 37 of the 1996 Act is concerned, perusal of Section 37 shows that an appeal is provided to the … learned counsel appearing on behalf of the petitioners, along with Mr. Purohit, advocate pointed out specifically that a specific statement to that effect though is

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Aug 13 1975

Bar Council of Maharashtra Vs. M.V. Dabholkar and ors.

Court : Supreme Court of India

Decided on : Aug-13-1975

Subject : Civil

Acts : Advocate Act, 1961 - Sections 3(2), 6, 6(1), 9, 10, 35 to 44 and 49; Advocate (Amendment) Act, 1974

Reported in : AIR1975SC2092; (1975)2SCC702; [1976]1SCR306

to speak, is not the soul of wit but a sign of something different. Civil - misconduct - Advocate Act, 1961 and Advocate (Amendment) Act, 1974 - whether Bar Council of State is 'a person aggrieved' to maintain appeal … against any advocate pending before the disciplinary committee of any State Bar Council and dispose of the same.16. Section 37 speaks of appeal to the Bar Council of India.. This section states that any person aggrieved by an

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