Avoidance - Judgment Search Results

Communist Party Vs. Sacb

Court : US Supreme Court

..... decision shrinking abuse of the wise rule of putting off decisions of constitutional scope avoidance of such decisions however compelling a policy within the limitations of ordered judicial regularity ..... serious errors of a nonconstitutional nature the proper resolution of which would not only avoid unnecessary constitutional adjudications but would also be consistent with the requirements of a fair .....

The Commissioner of Income-tax Vs. A.M.M. Mohammad Ibrahim Sahib

Court : Chennai

Reported in : (1962)1MLJ399

..... argued on behalf of the department that as the assessee envisaged avoidance of indian income tax the transactions could not be saved by ..... of the purposes for which the transfer was made was not avoidance of liability to taxation now the word purpose signifies an ..... income producing asset to a non resident company there will be avoidance of tax and the assessee who transfers such assets would certainly .....

Commissioner of Income-tax, Madras Vs. A.M. M. Mohammad Ibrahim Sahib.

Court : Chennai

Reported in : [1962]45ITR166(Mad)

..... argued on behalf of the department that as the assessee envisaged avoidance of indian income tax the transactions could not be saved by ..... other purposes or with other objects in such a case the avoidance of liability to taxation is merely an incident or effect of ..... income producing asset to a non resident company there will be avoidance of tax and the assessee who transfers such assets would certainly .....

Kaushalya Devi and ors. Vs. Baijnath Sayal and ors.

Court : Supreme Court of India

Reported in : AIR1961SC790; [1961]3SCR769

..... the agreement be used by other parties for the purpose of avoiding it in their own interest the protection of the minors ..... interest requires that he should be given liberty to avoid it no such consideration arises in respect of the other ..... any appropriate proceeding which postulates the adoption of necessary proceedings to avoid the award the point for consideration by the privy council was .....

N. Kasturi Vs. D. Ponnammal and ors.

Court : Supreme Court of India

Reported in : AIR1961SC1302; [1961]3SCR955

..... importance in construing a will if two constructions are reasonably possible and one of them avoids intestacy while the other involves intestacy the court would certainly be justified in preferring that ..... construction which avoids intestacy it may be permissible to invoke this rule even in cases where the words .....

Machinists Vs. Street

Court : US Supreme Court

..... limitation in the act the court nevertheless in order to avoid constitutional questions interprets the act itself as barring use of ..... question when a statute may fairly be construed so as to avoid the issue but am unable to accept the restrictive interpretation ..... justice cardozo for the whole court enunciated the complementary principle but avoidance of a difficulty will not be pressed to the point .....

Gurdarshan Singh S/O. Dalip Singh and anr. Vs. Bishan Singh S/O. Uttam ...

Court : Punjab and Haryana

Reported in : AIR1963P& H49

..... decided by the full bench was that if once a contract is avoided section 65 came into operation and the transferee could claim the refund ..... clause e of section 108 of the transfer of property act the avoidance of contract in this case however depends on the volition of the ..... been taken by the lessee however a contract of lease may be avoided on the happening of an event as contemplated by the terms of .....

United States Vs. E.i. Du Pont De Nemours and Co.

Court : US Supreme Court

..... motors stock du pont therefore proposed its own plan designed to avoid these results the salient feature of its plan was substitution ..... the required means for correction of past misconduct or its future avoidance i do maintain that as this court has recognized it ..... over into a clayton act setting to enforce the desirability of avoiding every potentiality of monopoly power there is no compulsion to .....

Arumugham Pillai Vs. Gnanasoundara Pandian and anr.

Court : Chennai

Reported in : AIR1962Mad362; (1962)2MLJ146

..... efficient brakes or with his skill in driving he could drive or avoid dashing against and causing injury or danger to any other person or ..... is a duty to exercise care reasonable care must be taken to avoid acts or omissions which can he reasonably foreseen to be likely to ..... risk whereas the accused may have appreciated the risk and intended to avoid it and yet shown such a high degree of negligence in .....

State of Gujarat Vs. Gordhandas Keshavji Gandhi and ors.

Court : Gujarat

Reported in : AIR1962Guj128; (1962)0GLR269

..... usually follow the decisions of its predecessors so as to avoid conflicts of authority and to secure certainty and uniformity in ..... of judicial comity and legal propriety require in order to avoid conflict of authority and to secure certainty uniformity and continuity ..... their brethren and will usually follow them so as to avoid conflicts of authority and to secure certainty and uniformity in .....