Court : Chennai
Decided on : Dec-14-1949
Reported in : AIR1951Mad439; [1950]18ITR849(Mad); (1950)2MLJ777
..... the proper sense of that term. it is not as if the same person is charged in respect of the same piece of income under two different sections of the act by the same taxing authority either directly or indirectly. as already pointed out, it is not incompetent for the indian legislature to enact that a company ..... the profits between manufacturing profits and the merchanting profits,15. of the several decisions cited before us, some of the decisions turned upon the interpretation of section 42 of the act and the decisions of the foreign courts turned upon the language of the particular statute which had to be construed. of the decisions in india reference ..... of sale of goods in british india manufactured outside india. this contention, as would be seen, is quite apart and independent of the applicability of section 42 (3) of the act. the question for consideration, therefore, is whether in the case of a non-resident carrying on manufacturing business outside british india when the sales are .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1949
Reported in : AIR1952Mad259; [1951]19ITR487(Mad)
..... not have been in force in the standard period'. 8. this provision applies for purposes of calculation of profits and attracts the rules of depreciation provided by section 10(5), indian income-tax act, 1922, as amended in 1939; & this provision for the first time introduces the definition of written down value which means (a) in the case ..... the subsequent period was only . 50.000 an adjustment downwards would have to be made'.15. then the learned lord refers to section 13(3) proviso, corresponding to the proviso to section 6 of the present act & proceeds to observe with reference to that proviso;'there are one or two things about that language which are worth noting. first ..... rebate to the ministry ceased to be part of the capital even in 1941 though it was actually paid in 1943. the section corresponding to the rule 1 in schedule ii of the indian act was the subject-matter of consideration and as there was not even the liability incurred during the chargeable accounting period in respect of .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1949
Reported in : AIR1950Mad773; (1950)IIMLJ9
..... two amendments is to make provison in respect of profits or gains accuring or arising to an assessee within an indian state under clause (c) of sub-section (2) of section 14, income-tax act such income, profit or gains accruing with in an indian state would not be assessable to income-tax unless they are received or deemed to be received ..... in or are brought into british india in the accounting year by or on behalf of the assessee. under the proviso to section 5, excess profits tax act, the act is not made applicable to any business, the whole of the profits of which accrued or arose in an indian state and there is a further ..... in indian states from liability to british indian income-tax and excess profits tax according to their respective terms. looking fairly at the language of proviso 3 to section 5 of the act, i find that it is plain and wide enough to exclude the interest income of the assessee derived from the mysore mortgage from liability to excess profits .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1949
Reported in : AIR1950Mad394
..... so, dismissed the petition, though it found the marriage to be true. it considered, rather curiously and, of course, erroneously, that the conclusive presumption, under section 112, evidence act, in favour of pullanna's being the son of the respondent, was one which only a civil court trying a maintenance suit should draw and not a criminal ..... access to her at the time when this son could have been conceived. the son pullanna would, therefore, be presumed to be the respondent's son under section 112, evidence act, and, so, prima facie, the respondent must be taken to have deliberately attributed immorality falsely to his wife, the petitioner, and that too in a ..... and claim maintenance from the respondent for herself and her son till he became is. the presumption under section 112, evidence act should be drawn by all courts, civil criminal or revenue, governed by the indian evidence act. the respondent did not offer in the lower court or here to maintain the petitioner or pullanna. his .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1949
Reported in : [1950]18ITR277(Mad)
..... arising in indian states from liability to british indian income-tax and excess profits according to their respective terms. looking fairly at the language of proviso 3 to section 5 of the act i find that it is plain and wide enough to exclude the interest income of the assessee derived from the mysore mortgage from liability to excess profits tax ..... in or are brought into british india in the accounting year by or on behalf of the assessee. under the proviso to section 5 of the excess profit tax act, the act is not made applicable to any business, the whole of the profits of which accrued or arose in an indian state and there is a ..... amendment is to make provision in respect of profits or gains accruing or arising to an assessee within an indian. under clause (c) of sub-section (2) of section 14 of the income-tax act such income, profits or gains accruing within an indian state would not be assessable to income-tax unless they are received or deemed to be received .....
Tag this Judgment!Court : Chennai
Decided on : Dec-15-1949
Reported in : AIR1950Mad700; (1950)IIMLJ27
..... great respect i am in complete agreement with this definition. there is really no difference in substance in the liability of the railway company as a bailee under section 151, contract act, who is expected to take as much care of the goods bailed to them as a man of ordinary prudence would under similar circumstances take and in their ..... deemed to have accepted delivery. these goods were allowed to be along-side other booked articles and the railway administration retained them in their custody clearly as bailees under section 72, railways act. the learned advocate for the railway urges that their delivery is not complete unless the goods are either 'marked' or loaded in the wagon. there is a ..... in a prolix written statement mainly on two grounds : (1) that the bales had not been delivered to them to be carried by rail within the meaning of section 72, railways act, and (2) that they were absolved from liability under the notes exs. p-1 and p-2 as there was no misconduct on the part of any .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-1949
Reported in : AIR1950Mad444
..... 337 : 5 i. c. 456 and padmanabhan v. badrinath, 35 mad. 582 : 10 i. c. 126 and the difference in the wording of section 9, opium act and section 15, abkari act, and again held that there was no transfer of the licence.. from this he concluded that the argument based on the 'so called public policy' was extremely ..... was granted or afterwards, in that it either involves a transfer of the licence, which is prohibited under rule 27 and punishable under section 56, or a breach of section 15, abkari act, punishable under section 55, because the unlicensed partner, by himself or through his agent, the other partner, sells without a licence. if a partnership ..... ramachandra iyer is that where a partnership is entered into before the licence is granted, no transfer is involved; because in accordance with the principle underlying section 88 trusts act, the licence becomes the property of the partnership as soon as it is acquired. we do not however agree; for this equitable principle merely requires that .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-1949
Reported in : AIR1950Mad651
..... holding. it is now conceded that the lands are situate in an estate under the amended definition introduced in 1936. the rights of parties are governed by section 12, estates land act. section 12 clause (1) as it now stands is as follows :'subject to any rights which by custom or by contract in writing executed by the ryot before ..... they used the appropriate language--see for instance, expln. 2 added to section 6, expln. 5 to section 6 (a); section 23 expressly refers to the commencement of the madras estates land third amendment act, 1936, as contrasted with this act amending the madras act i [1] of 1908; so also section 28 proviso. i am not able to agree therefore with the contention ..... . prima facie that must be the meaning of these expressions. there is nothing in the section to indicate that the passing of this act, which means the madras estates land act i [1] of 1908 could be read as the passing of the amending act of 1936 or that the word now must be read as the commencement of such .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-1949
Reported in : AIR1950Mad643
..... : air1944mad406 or, which the subordinate judge relies the plaintiff valued the suit at rs. 100, a course which was open to him under section 7(iv)(d), court-fees act read with section 8, suits valuation act at the time of filing the suit. but when it came up in second appeal at the time of filing it, this notification was ..... that the valuation in this case is not bona fide and absolutely arbitrary, so long as it does not offend the provisions of the notification issued under section 9, suits valuation act, i think the court cannot interfere with the discretion of the plaintiff.4. the learned district judge has also held that this is a case which will ..... of some structures made by the petitioner in a lane claimed to be common between the plaintiff and the defendants. the plaintiff valued the relief under section 7(iv)(d), court-fees act at rs. 3100 the defendant has taken objection to this valuation and contends that this has been deliberately overvalued for the purpose of filing this suit .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-1949
Reported in : AIR1950Mad820; (1950)IIMLJ163
..... . j. q. b. 216, the learned judges had to construe the words 'if such debt be payable by virtue of some written instrument at a certain time.' under section 28 of 3 and 4 wm. 4, chap-42, a creditor would be entitled to interest only if the written instrument fixed a certain time for payment. mellor j. ..... the second relief was construed to be one for the specific performance of the agreement to discharge the earlier mortgages. so construing, the learned judges applied article 113. limitation act. at page 411 the learned judges held that the date fixed under article 113 must be the date clearly mentioned in the contract, whether the said contract be oral ..... the suit to enforce the agreement ex. p-5 is barred by limitation. the learned counsel for the appellant as well as the respondents agreed that article 113, limitation act, applied. but counsel for the appellant argued that limitation would start only from the date when he had notice that the performance was refused, i. e. the compromise .....
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