Chennai Court April 1976 Judgments
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Sakku Bai Amman Vs. R. Babu Reddiar and ors.
Court: Chennai
Decided on: Apr-01-1976
Reported in: AIR1977Mad223
1. The plaintiff in O. S. No. 65 of 1967 on the file of the Court of the Subordinate Judge of Cuddalore, is the appellant. The plaintiff sued for specific performance of an agreement of sale contained in Ex. A-1 dated 10-6-1965. Her case is that the first defendant, who is the father of defendants 2 to 7, entered into such an agreement of sale to sell the suit properties for a sum and consideration of Rs. 18,502. Under the said agreement, a sum of Rs. 8,001 was to be paid on the date of the registration of the agreement and the balance to be paid on the date of the registration of the agreement and the balance to be paid at the time of the registration of the sale deed. A period of two years for performance of the contract was provided for. The agreement also provided that in default by the first defendant to execute the agreement in terms thereof, the plaintiff would be entitled to enforce the agreement by a suit and also recover damages from the first defendant. Expressly it was prov...
The Chief Controlling Revenue Authority, Madras Vs. State Bank of Indi ...
Court: Chennai
Decided on: Apr-01-1976
Reported in: AIR1977Mad16
P.S. Kailasam, Offg. C.J.1. This is a reference under S. 57 of the Indian Stamp Act by the Chief Controlling Revenue authority. Board of Revenue, Madras. The respondent, the State Bank of India, presented on 15-11-1971, three draft documents. but we are concerned with only one for adjudication and levy of proper stamp duty under S. 31 of the Indian Stamp Act. The document with which we are concerned is a draft document styled as a deed of transfer proposed to be executed by the State Bank of India and the State Bank of Travancore by which the State Bank of India had agreed to transfer a sum of R. 50 lakhs to the State Bank of Travancore in view of cash credit advance sanctioned to XYZ Company Ltd. called the 'borrower' under a hypothecation agreement dated 1-11-1971. executed by the borrower in favour of the State Bank of India hypothecation agreement executed in favour of the State Bank of India as security for the repayment of the loan. At the time the deed of transfer was sought to ...
The Chief Controlling Revenue Authority, Board of Revenue, Madras Vs. ...
Court: Chennai
Decided on: Apr-01-1976
Reported in: AIR1977Mad51
1. This reference was made by the Chief Controlling Revenue authority, Board of Revenue, Madras, under Section 57 of the Indian Stamp Act. In this case, the respondent sent moneys to his brother Sambasiva Vellalar, while he was residing in Singapore, to purchase landed properties in the village of Pattaveli. The said Sambasiva Vellalar, with the moneys sent by his brother, purchased certain properties in his own name and subsequent to the return of Mariappa Vellalar, Mariappa Vellalar took possession of all the properties. In the document executed by Sambasiva Vellalar, which is styled as 'Benami release deed', it is stated that the properties were purchased with the moneys of his brother and for his benefit and that he had no title to it. When the document was presented for registration, the Sub-Registrar was of the opinion that since the respondent's brother had sold some portion of the properties and encumbered some of the properties for obtaining Government loans as if the lands we...
The Chief Controlling Revenue Authority, Madras Vs. G. Lakshmanasami C ...
Court: Chennai
Decided on: Apr-01-1976
Reported in: AIR1977Mad88; (1977)1MLJ216
1. This is a reference under Section 57 of the Indian Stamp Act. The respondent Lakshmanasami Chettiar executed a document on 15-2-1970 distributing his properties among his daughters both married and unmarried stating that they are his hereditary properties as well as his self-acquired properties. The document was presented for registration. But as the Sub-Registrar felt a doubt about the nature and chargeability, he impounded it and referred it to the District Registrar for valuation and levy of stamp duty. The District Registrar treated the document as settlement deed and issued notice to the respondent through the Sub-Registrar, for evidence regarding the market value of the properties. The respondent filed an affidavit before the Sub-Registrar stating that the properties are undivided and enjoyed in common by him and his daughters as co-owners, that the division was made by him as determined by the Panchayatdars by him as the family head and that it was only a partition deed. The ...
The Chief Controlling Revenue Authority, Board of Revenue Vs. State Ba ...
Court: Chennai
Decided on: Apr-01-1976
Reported in: (1976)2MLJ275
P.S. Kailasam, O.C.J.1. This is a reference under Section 57 of the Indian Stamp Act by the Chief Controlling Revenue Authority, Board of Revenue, Madras. The Respondent, the State Bank of India, presented on 15th November, 1971 three draft documents, but we are concerned with only one for adjudication and levy of proper stamp duty under Section 31 of the Indian 'Stamp Act. The document with which we are concerned is a draft document styled as a deed of transfer proposed to be executed by the State Bank of India and the State Bank of Travancore by which the State Bank of India had agreed to transfer a sum of Rs. 50 lakhs to the State Bank of Travancore in view of cash credit advance sanctioned to XYZ Company Limited, called the 'borrower' under a hypothecation agreement dated 1st November, 1971 executed by the borrower in favour of the State Bank of India hypothecating the goods mentioned in the hypothecation agreement executed in favour of the State Bank of India as security for the r...
The Chief Controlling Revenue Authority, Board of Revenue Vs. Jagadamb ...
Court: Chennai
Decided on: Apr-01-1976
Reported in: AIR1976Mad321; (1976)2MLJ123
P.S. Kailasam, Officiating C.J.1. This case is referred under Section 57(1) of the Indian Stamp Act, by the Chief Controlling Revenue Authority, Board of Revenue, Madras. The first respondent, Jagadambal is the first wife of Srinivasa Reddiar. Srinivasa Reddiar executed a Will on 2nd October, 1941 bequeathing the properties mentioned in the Will to the first respondent--first wife and stating that she should administer them and pay the debts incurred by him by selling the properties and that out of what remained after liquidating the debts, the properties should be enjoyed by the second respondent after the death of the first respondent. Srinivasa, Reddiar died, and there were disputes as to their rights under the Will. There was a compromise, and the respondents executed a document on 5th December, 1969, by which the properties described in Schedule A, were allotted to the share of the first respondent and the properties described in Schedule B were allotted to the second respondent w...
Commissioner of Income-tax, Madras-ii Vs. Simco Meters Ltd.
Court: Chennai
Decided on: Apr-01-1976
Reported in: [1978]111ITR113(Mad)
ISMAIL J. - The Income-tax Appellate Tribunal, Madras Bench, has referred the following question for the opinion of this court under section 256(1) of the Income-tax Act, 1961 :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the indirect expense like interest and banking charges, managing agency remuneration, sitting fees, etc, should be considered as part of the actual cost of the assets for entitlement of depreciation and development rebate ?'The assessee is a company engaged in the manufacture of meters. It commenced production in or about October, 1963. The pervious year adopted for assessments is the year ended 31st March. During the previous years relevant to the assessment years 1962-63, 1963-64 and 1964-65, the assessee incurred expenses to the extent of Rs. 5,70,624 consisting mainly of interest and bank charges, advertisements, audit fees, filing fees, managing agency remuneration, sitting fees, rent and lig...
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