Mumbai Court September 1972 Judgments
Commissioner of Income-tax, Bombay City-i Vs. Chimanlal B. Parikh
Court: Mumbai
Decided on: Sep-29-1972
Reported in: [1973]92ITR59(Bom)
K.K. Desai, C.J. 1. In this reference under section 66(1), Indian Income-tax Act, 1922, the question referred to us reads as follows : 'Whether, on the facts and in the circumstances of the case, the assessee shareholders were liable to be assessed in respect of the amount received from the liquidator of the foreign company under section 4(1)(b)(iii) read with section 14(2)(b) of the Indian Income-tax Act, 1922 ?' 2. The facts which require to be noticed are as follows : The assessees concerned in this reference are five individual assesses whose names appear in paragraph 2 of the statement of the case. In respect of the first two of the assesses, the question relates to the three assessment years, namely, 1955-56, 1956-57 and 1957-58. In respect of the other three assesses the question relates to the assessment year 1955-56. All the five assesses held certain different quantities of shares and in respect of these shares were shareholders of Messrs. Nakasero Trading Co. Ltd. (hereinaft...
Tag this Judgment!Commissioner of Income-tax, Bombay-i Vs. Confinance Ltd.
Court: Mumbai
Decided on: Sep-29-1972
Reported in: [1973]89ITR292(Bom)
Kantawala, J. 1. The questions of law in this reference are as under : 'Whether, having regard to the admitted fact that the assessee's method of accounting was mercantile, the interests of Rs. 9,275 for the assessment year 1959-60 was liable to inclusion in the assessee's total income having regard to the provisions of sections of sections 10 and 13 of the Indian Income-tax Act and 2. Whether, having regard to the admitted fact that the assessee's method of accounting was mercantile, the interest of Rs. 13,033 for the assessment year 1960-61 was liable to inclusion in the assessee's total income having regard to the provisions of section 10 and 13 the Indian Income-tax Act ?' 3. The question that a rise for determination for these two years are identical. The assessee is limited company which is mainly carrying on money-lending and banking business. Its method of accounting is mercantile. For the accounting year ending March 31, 1959, in the balance-sheet of the company, the loans and...
Tag this Judgment!The Agricultural Produce Market Committee, Sholapur Vs. Pantappa Sayan ...
Court: Mumbai
Decided on: Sep-29-1972
Reported in: AIR1973Bom348; (1973)75BOMLR503; 1974MhLJ356
ORDER1. These five applications in revision under Section 115 of the Code of Civil Procedure, are filed by the Agricultural Produce Market Committee, Sholapur, constituted under the Bombay Agricultural Produce Markets Act, 1939, and now governed by the Maharashtra Agricultural Produce Marketing (Regulations) Act, 1963, and will be hereinafter referred to as 'the Market Committee'. The Market Committee filed five suits, from which the above revisions arise, against five traders of Sholapur in August, 1965, claiming to recover from each of them Rs. 100/- as licence-fees, or in the alternative, as damages with interest at 12 p. c. p. a. as the defendants traded in the yards of the Market Committee without obtaining respectively a licence during the period from September 1, 1963 to August 31, 1964.2. It was alleged in the plaint, that all the defendants in five suits, who are dealing in the agricultural produce as defined by the Bombay Agricultural Produce Markets Act, 1939, within the mar...
Tag this Judgment!Commissioner of Income-tax Vs. Neville N. Wadia
Court: Mumbai
Decided on: Sep-28-1972
Reported in: [1973]90ITR155(Bom)
K.K. Desai, C.J.1. This is a reference under section 66 (1) of the Indian Income-tax Act, 1922 and section 25(1) of the Expenditure-tax Act. The questions of law referred to us for decision run as follows : '1. Whether, on the facts and in the circumstances of this case, the surrender, release and yielding up of his life interest by the assessee in the Neville Ness Trust Fund No. 2, created by late Sir Nusserwanjee Nowrosjee Wadia in 1947 amounted to a transfer of assets to Miss Diana Wadia and Master Nusli Wadia within the meaning of section 16(3)(a)(iv) of the Indian Income-tax Act ?' 2. Whether, on the facts and in the circumstances of this case, the expenditure incurred on the education of the minor children of the assessee out of their income which they derived from the trust made by their grand-father, late Sir Nusserwanjee Nowrosjee Wadia, in 1947 is liable to be added and included in the expenditure of the assessee under section 4 and if so, under which sub-section of section 4...
Tag this Judgment!Shamrao Shivram Akhade and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-28-1972
Reported in: 1974CriLJ86; 1973MhLJ688
ORDERVimadalal, J.1. This is an appeal filed by the original accused Nos. 1 and 3 against their convictions by the Additional Sessions Judge. Poona, accused No. 1 being convicted of the substantive offences under Sections 366 and 376 of the Indian Penal Code, and accused No. 3 being convicted of the offence of abetment of kidnapping under Section 366 read with Section 109, of the Indian Penal Code. It may be mentioned that accused No. 3 was also charged with the offence of abetment of rape under Section 376. read with Section 109, of the Indian Penal Code, but he has been acquitted of the same by the trial Court. It may also be mentioned that accused No. 2 was similarly convicted of the offence under Section 366, read with Section 109, of the Indian Penal Code, but acquitted of the offence under Section 376 read with Section 1'09 of the Indian Penal Code. Accused No. 2 has not filed any appeal from her conviction and she is not an appellant before this Court.2. The facts out of which t...
Tag this Judgment!Vaijoba Shamrao Vs. Vasant Abaji
Court: Mumbai
Decided on: Sep-22-1972
Reported in: AIR1974Bom111; (1973)75BOMLR663; ILR1973Bom1325; 1973MhLJ1004
1. An interesting question regarding the vexed controversy about the limits of a Hindu widow's power to adopt is involved in this case. Respondent minor plaintiff, Vasant Abaji filed on October 10, 1961, through his guardian a suit against the defendant, who is the appellant in the above second appeal, for a declaration that the said plaintiff is the owner of the suit properties and for possession thereof with mesne profits. The plaintiff claimed to have been adopted by Gangabai the widow of Abaji on November 7, 1953.2. The defendant resisted the suit denying the factum and the validity of the adoption. He challenged the validity of the adoption on the ground that Gangabai's power to adopt had come to an end, as Abaji, her husband had left behind a son Tulsiram, who had two sons Bhaurao and Rajaram and all of them died leaving behind Muktabai the widow of Rajaram. In other words, although on the date of the adoption, the sons and grandson were dead, the power of Gangabai which had come...
Tag this Judgment!Aloo Investment Co. Pvt. Ltd. Vs. Union of India and anr.
Court: Mumbai
Decided on: Sep-21-1972
Reported in: [1973]90ITR64(Bom)
K.K. Desai, J.1. In this petition under article 226 or the Constitution, the petitioner company, which is a private limited company, has challenged the legality of the orders dated August 27, 1965, and September 23, 1965, made by the Income-tax Officer under section 35 of the Income-tax Act, 1922, whereby he rectified in respect of the assessment years 1960-61 and 1961-62 two previous orders made under section 23A of the Act on June 26, 1963. 2. The only and main contention made on behalf of the petitioner-company to challenge the legality of the orders is that, having regard to the facts involved and the record before him, the Income-tax Officer had no authority, power and jurisdiction under section 35 of the Act to rectify the previous orders made under section 23A. In connection with this contention the facts which require to be noticed are as follows : 3. The assessment of income-tax of the petitioner-company in respect of the assessment years 1960-61 and 1961-62 was completed resp...
Tag this Judgment!Sadasshivrao Raghunathrao Gandekar Vs. Anandrao Raghunathrao Gandekar ...
Court: Mumbai
Decided on: Sep-21-1972
Reported in: AIR1973Bom284; (1973)75BOMLR175
1. The appellant and the respondents are brothers and are the sons of Sir Raghunathrao Shankarrao Gandekar, the former Raja of Bhor. The appellant had filed an application in the District Court at Poona being Misc. Application No. 310 of 1963 for Letters of Administration to the estate of the said deceased Raja of Bhor. This application was dismissed for default on 11th January 1967. Thereafter, on 25th March 1967 the appellant filed another application being Miscellaneous Application No. 116 of 1967 in the same Court. By this application the appellant applied for Letters of Administration in respect of the property of the said Raja of Bhor mentioned in the Schedule annexed to the application, and in the alternative prayed that if the said application was held to be not maintainable, then the original application No. 310 of 1963 should be restored to the file and the delay in making the application for restoration should be condoned. This application was transferred for hearing to the ...
Tag this Judgment!In Re: Jonathan Samuel Solomon
Court: Mumbai
Decided on: Sep-15-1972
Reported in: 1974CriLJ15; 1973MhLJ584
ORDERDeshpande, J.1. When the judgment in Criminal Appeal No. 1303 of 1970 was pronounced by me on 13th September, 1972 : ' (Reported in ), Mr. Andhyarujina, the learned Counsel appearing for the respondent-complainant made an oral application immediately thereafter for certificate granting leave to appeal to the Supreme Court against the said judgment under Article 134 (1) (c) of the Constitution certifying that the case was a fit one for appeal to the Supreme Court. Mr. P. S. Nadkarni, learned advocate appearing for the appellant raised a preliminary, objection on that day against such entertainment of such application as, according to him, such applications can be entertained only by the Division Bench and as such I had no jurisdiction to entertain the same. Though the practice followed so far supported Mr. Nadkarni's contention, the point raised was found to be not free from doubt. The hearing of his oral application was, therefore, adjourned by me till today to enable the learned ...
Tag this Judgment!The State of Maharashtra (Public Works Department) Vs. Bapurao Dnyanob ...
Court: Mumbai
Decided on: Sep-13-1972
Reported in: AIR1973Bom231; (1974)76BOMLR92; 1973MhLJ424
Chandurkar, J.1. This appeal arises out of proceedings for acquisition of survey No. 2, area 8 acres 2 gunthas, situated at Paused owned by the respondents. A notification under Section 4 of the Land Acquisition Act, 1894, issued by the then Government of Madhya Pradesh on 29-3-1955 in respect of 8 acres 2 gunthas of land out of survey No. 2 of Paused, district Yeotmal, as the land was needed for construction of Government I. E. M. Girls School. Possession of 8 acres of land was taken under the emergency clause in Section 17(2) of the Act on 29th July, 1955. This land originally belonged to respondent No.1 Bapurao and his wife Laxmibai respondent No.2, who effected a partition between themselves and their sons by a partition deed dated 7-12-1949. By virtue of this partition half the area of the filed fell jointly to the share of Bapurao, and Laxmibai and six remaining respondents, who were all sons of Bapurao, got equal share in the remaining half portion of the land. Two acres and 10 ...
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