Mumbai Court May 1959 Judgments
Buckingham Carnatic Company Ltd. (Show Room) Vs. Its Workmen
Court: Mumbai
Decided on: May-14-1959
Reported in: (1959)IILLJ441Bom
1. This industrial dispute has been referred to me under Clause (d) of Sub-section (1) of S. 10 of the Industrial Disputes Act, 1947, by the Labour and Social Welfare Department Order No. A.J.B. 41(2) 58, dated 21 August 1958. The demands of the workmen will be reproduced in due course. 2. This reference related to the 26 employees in the show room of the company located in the Fort area. The B. and C. Mills came into existence in the year 1860 as two separate concerns. They were amalgamated in the year 1920 or thereabout. The company manufactures cloth in its mills near Madras. It has five show rooms - 2 in Madras, 1 in Delhi, 1 in Bombay and 2 in Calcutta. The Madras show rooms have 10 and 17 employees respectively, the Delhi show room has 22 employees, the Calcutta show room has 23 employees and the Bombay show room has 26. It is stated in the statement of claim that on an average the daily sales from this show room amount to Rs. 8,000. The occupations in this show room are accordin...
Tag this Judgment!The New Jehangir Vakil Mills Ltd. Vs. the Commissioner of Income-tax
Court: Mumbai
Decided on: May-12-1959
Reported in: (1959)61BOMLR1464
Bhagwati, J.1. This appeal with special leave arises out of a judgment and order of the High Court of Judicature at Bombay dated September 23, 1955, delivered in Income-tax Reference No. 19 of 1955 made by the Income-tax Appellate Tribunal (hereinafter referred to as 'the Tribunal') to the High Court under Section 66(1) of the Indian Income-tax Act (XI of 1922)-(hereinafter referred to as 'the Act')-whereby the High Court directed the Tribunal to submit a supplementary statement of ease on the points mentioned therein.2. The appellant is a limited liability company manufacturing textile goods at Bhavnagar which was an Indian State during the assessment years 1943-44 and 1944-45. For the said assessment years the appellant was held to be a non-resident, its years of account being calendar years 1942 and 1943. For the assessment years 1943-44 and 1944-45 (account years 1942 and 1943), the Income-tax Officer computed the British Indian Income of the appellant on a proportionate basis unde...
Tag this Judgment!The Commissioner of Income-tax Vs. Ranchhoddas Karsondas
Court: Mumbai
Decided on: May-08-1959
Reported in: (1959)61BOMLR1458
Hidayatullah, J.1. This appeal on a certificate of fitness granted by the High Court of Judicature at Bombay has been filed by the Commissioner of Income-tax, Bombay, against Ranchhoddas Karsondas of Bombay (hereinafter referred to as the assessee) under Section 66A of the Indian Income-tax Act.2. The facts leading up to this appeal are as follows: For the assessment year 1945-46, a public notice under Section 22(1) of the Income-tax Act (hereinafter called the Act) was issued, requiring every person whose total income during the previous year exceeded the maximum amount which was not chargeable to income-tax to furnish, within such period not being less than sixty days as might be specified in the notice, a return of his income in the prescribed form and verified in the prescribed manner. This notice was published on or about May 1, 1945.The assessee did not make a return of his income. The Income-tax Officer, while examining the books of account of a partnership called the 'Assar Syn...
Tag this Judgment!The Trustees of the Charity Fund Vs. the Commissioner of Income-tax
Court: Mumbai
Decided on: May-05-1959
Reported in: (1959)61BOMLR1452
S.R. Das, C.J.1. This is an appeal brought on a certificate granted on September 19, 1956, by the High Court of Bombay under Section 66(A)(2) of the Indian Income-tax Act (hereinafter referred to as 'the said Act') against its order dated February 21, 1956, in Income-tax Reference No. 32 of 1954 answering in the negative two questions of law referred to it under Section 66(I) of the said Act at the instance of the appellants.2. The appellants are the trustees of a charity fund known as 'The Charity-Fund Founded by Sir Sassoon David, Baronet of Bombay'. The said Sir Sassoon David, Bart, and four other persons, who were holding certain securities of the value of Rs. 24,25,000 for the purpose of charity and had been applying the same for and towards charitable purposes, executed, on June 8, 1922, a Deed of Declaration of Trust declaring that the said trust fund would be held by them on trusts more specifically therein mentioned. Clause 13 of the said deed, on the true construction of whic...
Tag this Judgment!Mst. Janku Zibal Vs. Shamrao Malharrao Pandhare
Court: Mumbai
Decided on: May-01-1959
Reported in: (1959)61BOMLR1410
Mudholkar, J.1. This appeal arises out of proceedings in execution and has been referred for decision to a Division Bench because it involves an important question of law.2. The relevant facts are these. The plaintiff, who is respondent in the appeal, instituted civil suit No. 5-A/46 for possession of certain property and for setting aside certain alienations made by its limited owners. That suit was partly decreed on December 30, 1947. The appellants before us are some of the alienees who were defendants to that suit. They were in possession of some of the property of which possession was granted to the respondent on condition that he deposited Rs. 41,026-12-6. The decree was appealed from both by the appellants as well as the respondent. Their appeals were dismissed on October 31, 1955. It may be mentioned that defendant No. 8 to the suit had also preferred an appeal against the decree of the trial Court in so far as it affected him. That appeal was allowed and the respondent's Claim...
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