Kolkata Court December 1971 Judgments
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inland Revenue Commissioners Vs. Park and Others.
Court: Kolkata
Decided on: Dec-09-1971
Reported in: [1972]84ITR446(Cal)
RUSSELL L. J. read the judgment of the court. The facts in this appeal are fully set out in the report of the case before Foster J.The question for decision is whether the gift of assets worth some Pounds 80,000 Pounds by the settlor to his grandson, constituted by the settlement dated May 25, 1962, and the subsequent marriage on September 8, 1962, of the grandson to Miss Stockwell, was 'a gift made in consideration of marriage.' If so, the contents of the gift are exempt from estate duty in respect of the death of the settlor on September 22, 1963. Foster J. held that it was not such a gift so that the exemption did not apply.There are some matter that are perfectly plain. First : when the gift took effect it did so absolutely in favour of the grandson, and the settled property became his absolute property with no qualifications known to the law. Second : it was a gift contingent upon the marriage of the grandson and Miss Stockwell taking place. Third : it was a gift to take immediate...
B.K. Plastic Industries Vs. Jayantilal Kalidas Sayani
Court: Kolkata
Decided on: Dec-08-1971
Reported in: AIR1972Cal339
ORDERS.C. Ghose, J.1. This is an application for cancellation or revocation of the registration of the design bearing No. 134095 dated the 26th June. 1968. This application has been made under Section 51-A of the Patent and Designs Act 1911. The said section reads as follows :--'51-A. Cancellation of registration--- 1. Any person interested may present a petition for cancellation of the registration of design- (a) At any time after the registration of the design, to the High Court on any of the following grounds, namely :-- (i) that the design has been previously registered in (India); or (ii) that it has been published in (India) prior to the date of registration; or (iii) that the design is not a new or original design; or (b) Within one year from the date of registration to the Controller on either of the grounds specified in Sub-clauses (i) and (ii) of Clause (a). 2. An appeal shall lie from any order of the Controller under this section to the High Court, and the Controller may...
Commissioner of Income-tax Vs. Turner Morrison and Co. Private Ltd.
Court: Kolkata
Decided on: Dec-08-1971
Reported in: [1974]93ITR385(Cal)
Masud, J. 1. As directed by the High Court under Section 66(2) of the Indian Income-tax Act, 1922, the following common question of law has been referred to in these two references :' Whether, on the facts and in the circumstances of this case, the Tribunal was right in law in allowing the entire remuneration to the directors as an admissible deduction for the purpose of assessment under the Income-tax Act. '2. The assessee is an Indian company and its main business is to act as managing agents to certain public shipping companies. The assessment orders concerned are of 1952-53 and 1953-54 and the corresponding accounting years are calendar years 1951 and 1952. Out of the six directors during the accounting years three persons, although designated as directors, were in fact high officers of the company being called ' full directors ' or ' local directors ' according to their executive grade. They do not hold any shares in the company. On the contrary each one of them had been promoted ...
Murlidhar Haspuria Vs. Bansidhar Halwai
Court: Kolkata
Decided on: Dec-01-1971
Reported in: AIR1973Cal193
B.C. Mitra, J.1. The respondentfiled the suit out of which this appeal arises, claiming specific performance of a verbal agreement, possession of various articles of the business carried on under the name and style of 'Murlkihar Apnrwalla,' alternatively a decree for Rs. 20,500/- declaration that the sole owner of the business, alternatively decree for dissolution of the partnership business, and for various other reliefs. In this suit a judgment and preliminary decree was passed on February 3, 1971. for dissolur-tion of the partnership, a receiver of thepartnership assets was appointed and a decree for a sum of Rs. 1000/- as damages was also passed in favour of the respondent for wrongful trespass by the appellant. This appeal is directed against this judgment and decree.2. The respondent's case was that since prior to December 1, 1961 he and the appellant carried on business of a Flour Mill in co-partnership under the name and style of 'Murlidhar Agarwalla'. In this partnership the r...
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