Kolkata Court February 1939 Judgments
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Raj Kumar and anr. Vs. Shiva Prasad Gupta and ors.
Court: Kolkata
Decided on: Feb-03-1939
Reported in: AIR1939Cal500
Lort-Williams, J.1. The parties in this suit are members of a Hindu family governed by the Mitekshara School of Hindu law, whose common ancestor was one Badanlal. Their relationship is shown in the pedigree annexed to the plaint. At the time of the institution of the suit both the plaintiffs were minors. Bajkumar has since attained his majority. The plaintiffs ask for a declaration that a decree dated 26th February 1926, made in the Miscellaneous Case No. 13 of 1926 in the Court of the Subordinate Judge of Allahabad, by which effect was given to a partition award, is void against or voidable by the plaintiffs, for a decree setting aside that decree and consequently the partition and for consequential reliefs, including partition and accounts. Prom the time of Badanlal onwards the members of the family lived as members of a joint Hindu family, but on 30th April 1921 the defendant, Shivaprasad Gupta gave notice of his intention to separate and to obtain a partition of the family property...
Consolidated African Selection Trust Vs. Inland Revenue Commissioners.
Court: Kolkata
Decided on: Feb-01-1939
Reported in: [1939]7ITR442(Cal)
Appeal from the decision of MACNAGHTEN, J.The following statement of facts is taken substantially from the judgment of Greene, M.R. :This is an appeal by the Consolidated African Selection Trust, Ltd., from a decision of MACNAGHTEN, J., who reversed the decision of the General Commissioners of the City of London on an appeal in which the company was claiming to have allowed to it for the purpose of its income tax asseddment for the vear ending April 5, 1937, a certain deduction. The company is a prosperous company, and on DEcember 6, 1933, it passed a special resolution increasing its share capital by the creation redeemable preference shares and 400,000 new ordinary shares of 5s. each. By the same resolution it was resolved that 10,000 of such new ordinary shares be reserved for issue to employees of the company at such time and upon such terms and conditions as the directors should determine. The directors determined to issue 6,000 of those ordinary shares to employees of the company...
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