Court : Punjab and Haryana
Decided on : Apr-30-1973
Reported in : [1974]96ITR101(P& H)
..... . it is also conceded by him that the policies in question are covered by the definition of 'life insurance business' as given in sub-section (11) of section 2 of the insurance act of 1938. the learned counsel also concedes that the policies in question are the policies of insurance, but he contends that the said policies being ..... present policies answer the description of policies of insurance and, therefore, the said policies are covered by the provisions of clause (vi) of sub-section (1) of section 5 of the wealth-tax act and are exempt. 10. the next contention of mr. awasthy, the learned counsel for the revenue, is that since the provisions regarding the annuities ..... question which falls for determination in order to answer the questions referred to us for opinion is whether the provisions of clause (vi) of sub-section (1) of section 5 of the wealth-tax act, in the present cases, are attracted or not 8. the first contention of mr. awasthy, the learned counsel for the revenue, is that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-17-1973
Reported in : [1974]95ITR415(P& H)
..... giving our thoughtful consideration to the entire matter, we find no merit in the contention of the learned counsel for the revenue. after the enforcement of the bonus act, under section 1(4) provisions regarding payment of bonus were made applicable in respect of every ' accounting year ' commencing on any day in the year 1964 ..... shown and a claim for payment of bonus was limited to rs. 2,000 only. the payment of bonus act of 1965 received the assent of the president on september 25, 1965, and under section 1(4) of the bonus act, provisions regarding payment of bonus were made applicable in respect of every 'accounting year' commencing on any day in ..... . section 2(1) of the bonus act defines ' accounting year ' and the provisions of the bonus act would apply to the accounting period in question in view of the definition in section 2(1)(iii)(a). there is no dispute that after arriving at the allocable surplus, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-02-1973
Reported in : AIR1974P& H239
..... of the old lease might be continued in it, by implication; and it cannot be disputed that to bring new tenancy into existence, there must be a bilateral act. what section 116 contemplates is that on one side there should be an offer of taking a renewed or fresh demise evidenced by the lessee's or sub-lessee's continuing in ..... subordinate judge that piarey lal was a tenant holding over, is correct, then the plaintiff's suit must be dismissed, because, admittedly, no notice under section 106 of the transfer of property act was issued to him before filing the suit and such a notice was necessary under the law. the point argued before me is whether this finding is ..... said rent note in favour of the plaintiff. the learned judge also held that the plaintiff should fail, because they had not issued a notice under section 106 of the transfer of property act to the defendants before filing the suit. the finding of the trial court on this point, however, was that there was no necessity for issuing any .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1973
Reported in : 1974CriLJ970
..... the investigation is to be conducted normally by a police officer of a designated high rank. having regard therefore to the peremptory language of sub-section (4) of section 5 of the act as well as to the policy apparently underlying it is reasonably clear that the said provision must be taken to the mandatory.it was further observed ..... a case instituted on the police report a magistrate can be deemed to have taken cognizance of the crime after he accepts the police report and proceeds to act under section 251a of the code. the fact whether the magistrate has taken cognizance of a criminal offence or not has to be inferred by the action taken by ..... be considered that the only powers possessed by the court are those expressly conferred by the criminal procedure code and that no inherent power had survived the passing of that act.7. section 561-a of the criminal procedure code only says that the inherent powers of the high court are not intended to be whittled down or fettered by anything said .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-27-1973
Reported in : [1973]32STC445(P& H)
..... clear that the liability for payment of tax arises as soon as a dealer's gross turnover exceeds the permissible limit. this is clearly provided in section 4 of the punjab act. section 11 only provides for a procedure. if such a dealer fails to make an application for registration, he is liable to pay penalty and also ..... arises irrespective of the fact of his filing the application for registration. if his application for registration is pending, then notwithstanding the provisions of sub-section (1) of section 7 of the act, no penal consequences may occur if he continues to carry on the business without being in possession of the certificate, because he has not been ..... definitely of the view that the liability of the assessee was not dependent on the issue of the registration certificate and that it arose under sub-section (1) of section 4 of the act as soon as his gross turnover exceeded the limit fixed. there is no dispute that his liability did arise from 20th february, 1964. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-1973
Reported in : AIR1973P& H424
..... the district judge, but the additional district judge to whom these applications were entrusted for disposal, rejected them on the ground that a joint application under section 18 of the act was not warranted. aggrieved by this order, the respective applicants filed these revisions. in civil revision no. 966 of 1971 the collector rejected the application ..... taken into consideration in holding that joint application did not lie was that co-sharers had made their separate claims before the collector and that under section 9 of the act notices were sent to all the co-sharers. these factors will have absolutely no bearing on the point whether a joint application was competent or ..... a likelihood of an anomaly arising if separate applications are made by such co-sharers. supposing, for example, a co-sharer files an application under section 18 of the act qua his share in the joint khata within two days of the making of the award, the collector refers the matter soon thereafter and the district .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-23-1973
Reported in : AIR1974P& H50
..... (air 1965 punj 407(fb)). as karma had died in 1961, succession to his property would be governed by the provisions of that act sections 8, 9 and 10 would be fully applicable as karma is to be taken to have died 'intestate' in respect of the ancestral ..... property in view of the definition of that word in clause (g) of section 3(1) of the act. as regards the non-ancestral or self-acquired property of karma, the will, exhibit d. 1, shall have full effect ..... of fact. 8. in view of the definition of 'intestate' as given in clause (g) of sub-section (1) of section 3 of the hindu succession act, karma is to be deemed to have died intestate in respect of the ancestral property which he could not dispose ..... we have all the essential incidents of an agricultural community before us. as regards the proposition of law that the hindu successions act does not enlarge the powers of a male proprietor to make any transfers inter vivos or by treatment, we have only to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-20-1973
Reported in : [1975]35STC338(P& H)
..... ordinance and thereafter by enacting the punjab general sales tax (amendment and validation) act, 1967, that is, act no. 7 of 1967 (hereinafter referred to as the validation act). by the amending act, under section 5(3), the stage was provided, while after section 11a of the principal act, section 11aa was added, which is in the following terms :11aa. review of certain ..... recorded above, we answer the question in favour of the assessee-firm thus :on the facts and circumstances of this case, provisions of section 11aa of the punjab general sales tax act are attracted and the assessee-firm is entitled to the refund of the tax paid in excess of 2 per cent on the sales of ..... 27th march, 1968, the order passed by the assessing authority on 10th january, 1968, under the provisions of section 11aa of the validation act could not legally be challenged. it was also sought to be argued that section 11aa has no applicability to the facts of the present case and no refund could be claimed under the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-04-1973
Reported in : AIR1974P& H223
..... m.c. ponnoose, air 1970 sc 385 wherein it was held as under:--'by issuing notification in exercise of powers conferred under section 2(44)(ii) the state government cannot invest the tahsildar with the powers of a tax recovery officer with effect from a date ..... control of bricks supplies order, 1972 was issued by the respondent-state under section 3 of the east punjab control of bricks supplies act, 1949(east punjab act no. 1 of 1949). this east punjab act i of 1949 did not confer any power on the state of haryana ..... supplies order, 1956 had been declared invalid, therefore, no action could be taken against him in pursuance of a notice issued under that act. it was asserted that clause 22 of the haryana control of bricks supplies order, 1972 is illegal, null and void and without ..... to issue any bricks control order under section 3 of the act with retrospective effect. it is thus well settled that unless the power to legislate conferred on .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-20-1973
Reported in : [1975]98ITR458(P& H)
..... value of the gold. on this matter there is not enough material which would enable us to determine the question satisfactorily. in view of the provisions of section 27, sub-section (5) of the wealth-tax act, which is in the following terms:' if the high court or the supreme court is not satisfied that the case as stated is sufficient to enable ..... the department. in this situation, there could be but no other finding than the one given by the tribunal that the assessee was entitled to the relief under section 5(1)(ix) of the act.5. with regard to the second question, the matter is set at rest by two decisions of the supreme court in pandit lakshmi kant jha v. commissioner ..... of law for our opinion :'1. whether, on the facts and in the circumstances of the case, the value of 12 jeeps and trucks was exempt under section 5(1)(ix) of the wealth-tax act ? 2. whether the amount of rs. 1,09,201 was liable to be included in the net wealth of the assessee on the valuation date (april .....
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