Gujarat Court November 1965 Judgments
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Padmavati Jaykrishna Trust and anr. Vs. Commissioner of Wealth-tax, Gu ...
Court: Gujarat
Decided on: Nov-08-1965
Reported in: [1966]61ITR66(Guj)
Shelat, C.J.1. One Mahalaxmibai, the widow of Harivallabhadas Kalidas, executed two deeds of trust dated December 30, 1945, and September 14, 1946, and thereunder settled certain amounts, shares and securities upon certain trusts the income from which was payable for life to the wives of two of her sons, Jaykrishna Harivallabhadas and Ramkrishna Harivallabhadas. Both Jaykrishna and Ramkrishna have two sons each by their wives, Padmavati and Virmati, respectively. The two trusts were assessed to wealth-tax under the Wealth-tax Act, 1957, and the assessment year under reference common to both is 1958-59 and the relevant valuation date relating to both is December 31, 1957. 2. The reference arises from two orders passed by the Tribunal in two appeals filed by the two assessee-trusts. Though the assesses in the appeals were different and two separate order were passed, a common consolidated statement of the case has been made at the instance of the two assessee-trusts as the question arisi...
Commissioner of Wealth-tax, Gujarat State, Ahmedabad Vs. Ashokkumar Ra ...
Court: Gujarat
Decided on: Nov-05-1965
Reported in: [1967]63ITR133(Guj)
Bhagwati, J.1. This reference arises out of an assessment to wealth-tax made on the assessee for the assessment years 1958-59 and 1959-60, the relevant valuation dates being 31st March, 1958, and 31st March, 1959. The reference involves a question of construction of two trust deeds dated 29th March, 1957, one made by the assessee's father, Ramanlal, and the other made by the assessee's mother, Taramati. Both the trust deeds are in identical terms barring only the difference in the names of the settlors and it would therefore be sufficient to make a reference only to the terms of the trust deed made by Ramanlal and whatever we say in regard to the terms of that trust deed must apply equally in regard to the terms of the trust deed made by Taramati. By the trust deed, Ramanlal settled a sum of Rs. 60,000 on the trusts set out in clause 3 of the trust deed which runs as follows : '3. The trustees shall hold and stand possessed of the said sum of Rs. 60,000 (rupees sixty thousand) UPON TRU...
Commissioner of Wealth Tax, Gujarat, Ahmedabad Vs. Ashok Kumar Ramanla ...
Court: Gujarat
Decided on: Nov-04-1965
Reported in: AIR1967Guj161
Bhagwati, J.(1) This reference arise out of an assessment to wealth-tax made on the assessee for the assessment years 1958-59 and 1959-60, the relevant valuation dates being 31 State Government March 1958 and 31 State Government March 1959. The reference involves a question of construction of two trust deeds dated 29th March 1957, one made by the assessee's father Ramanlal and the other made by the assessee 's mother Taramati. Both the trust deeds are an identical terms barring only the difference in the names of the settler and it would therefore be sufficient to make a reference only to the terms of the trust deed made by Ramanlal and whatever we say in regard to the terms of that trust deed must apply equally in regard to the terms of the trust deed made by Taramati. By the trust deed, Ramanlal settled a sum of Rs. 60,000 on the trusts set out in Clause 3 of the trust deed which runs as follows:'3. The trustees shall hold and stand possessed of the said sum of Rs. 60,000 (rupees six...
Rasiklal Manilal Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-04-1965
Reported in: 1967CriLJ1105
A.S. Sarela, J.8. At the outset the point of law raised by the learned advocate for the appellant may be considered. The appellant was charged, as earlier stated, with offences under Section 366, I.P.C. and Section 5 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (hereinafter referred to as the Act). The contention is that the investigation in respect of the latter offence is not in compliance with the provisions of the Act. The Act provides for the suppression of immoral traffic in women and girls and was enacted in pursuance of the International Convention signed at New York on the 9th day of May 1950. The Act creates new offences in respect of traffic in women and girls and creates a special machinery in respect, of the inquiry into and trial of these offences. Section 13 of the Act which is relevant in connection with the argument advanced by the advocate of the appellant reads as under:13. Special police officer and advisory body : (1) There shall be for each a...
The Commissioner of Income-tax, Gujarat, Ahmedabad Vs. Jethalal Zaverc ...
Court: Gujarat
Decided on: Nov-02-1965
Reported in: AIR1967Guj141; [1966]61ITR357(Guj)
ORDER(1) An interesting question of law arises on this reference. The question is whether a partner of an unregistered firm is entitled to adjust his share of the loss sustained by the firm against his profits from other businesses in computing his income, profits and gains under S. 10 of the Income-tax Act, 1922. The question lies in a narrow compass and is primarily one of construction requiring examination of a few provisions of the Act. We shall presently refer to these provisions but before we do so, it would be convenient to briefly recapitulate the facts giving rise to the question as stated by the Tribunal in the statement of the case. The assessee is an individual who was at the material time a partner in two firms, namely M/s. Halar Salt and Chemical Works, and M/s. Subash oil Traders and besides, he also carried on his own individual business. The firm of M/s. Subhash oil Traders filed a return of its income for the assessment year 1957-58 on 2nd May 1958 showing a loss of R...
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