Mumbai Court April 1960 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Amrut Soma Kunbi and anr. Vs. State of Bombay
Court: Mumbai
Decided on: Apr-02-1960
Reported in: 1960CriLJ1429; AIR 1960 Bom 488
ORDER(1) This is a revisio application by two persons Amrut and Madhy, whose convictions by the Judge-Magistrate, Bhandara, under section 360, Indian Penal Code were altered y the Sessions Judge, Bhandara, to ones under section 411, Indian Penal Code. The sentence of each accused was reduced from two and a half years' rigorous imprisonment to one year's rigorous imprisonment.(2) According to the prosecution, the property of two brothers Mahadeo and Ganpat, living in the same house at Ghodezari was stolen on 25-1-57. There are concurrent finding of both the Courts below that their property was stolen and this finding is not challenged. The convicition of the applicants, it I conceded by the learned counsel for the State, rested entirely on the statements made by them under section 27 of the Evidence Act, leading to discovery of part of the stolen property. Madhya made a statement whereby he agreed to discover property which ad beeb buried on a dhura in his field, and accordingly a box c...
H.M. Kashiparekh and Co. Ltd. Vs. the Commissioner of Income-tax
Court: Mumbai
Decided on: Apr-01-1960
Reported in: (1960)62BOMLR667
S.T. Desai, J.1. This Reference raises a question of some importance and the income under assessment relates to managing agency commission. It is a trite saying that income-tax is not and cannot be cast on logical lines. No considerations of equity or hardship can be permitted to control the application of the Act. Nor is it permissible to the Court to disregard any axiomatic principle of tax law. One such principle expressed in the laconic style of LordMacnaghten is that income-tax is a tax on income-an expression of wide connotation and elastic ambit. Another principle-one of computation which also may be regarded as axiomatic-is that in assessing the yearly profits and gains of a business for the purpose of the Income-tax Act, each year is a self-contained period. We have said all this at the very outset, because we have been very strongly reminded by Mr. G.N. Joshi, learned Counsel for theRevenue, that we are bound to act in conformity with this principle ofcomputation. We agree th...
- ‹ Prev
- 1
- 2
- 3
- Next ›