Court : Chennai
Decided on : Apr-28-1989
Reported in : AIR1990Mad160
..... f. ltd. v. state of mysore, we have already noticed that it arose from the state of mysore where the state had amended sub-section (2) of section 20 of the act and specifically provided that if the acquisition was not made for government, then notice should be issued to the authority or the person for whom ..... the references were pending the central ware housing corporation, being aggrieved by the amount of compensation determined by the collector, sought for a reference under section 18 of the act for reducing the amount. the collector rejected their request for making a reference on the ground that such a reference as was sought by the central ..... whom the acquisition was made was permitted to raise a question of jurisdiction and competency of the reference. the learned judge, considering the provisions of section 50(2) of the act, observed as follows:-- 'in most unambiguous language, it provides that the local authority or company may appear and adduce evidence for one particular purpose, .....
Tag this Judgment!Court : Chennai
Decided on : Apr-28-1989
Reported in : (1989)2MLJ302
..... f.ltd. v. state of mysore and ors. we have already noticed that it arose from the state of mysore where the state had amended sub-section (2) of section 20 of the act and specifically provided that if the acquisition was not made for government, then notice should be issued to the authority or the person for whom it ..... state of maharashtra : [1979]2scr265 . in that case, the question arose was whether the reference made beyond the period prescribed by the proviso to sub-section (2) of section 18 of the act is valid and whether the court can go behind the reference made by the collector and the application on which the reference has been made is beyond the ..... ) ltd v. francis victor coutinho : [1980]3scr235 and came to the conclusion that the corporation is a person interested within the meaning of section 18(1) of the act and that section 50(2) of the act confers a right to a party like the petitioner -corporation to intervene in the trial stage and adduce evidence and since the appeal is a .....
Tag this Judgment!Court : Chennai
Decided on : Apr-28-1989
Reported in : AIR1990Mad124
..... been violated. this point has been already dealt with and held against the petitioner. one another feable contention put forth is that there are no guidelines in the section as to under what circumstances, directives of the nature now impugned could be issued. it having been held that the state is exercising its privilege over intoxicants, ..... , sale and possession of medicinal and toilet preparations containing alcohol.19. mr. k. vadivelu, learned counsel would then refer to the provisions of the tamil nadu prohibition act, 1937 to pinpoint that, when state government deals with liquor, it was not carrying on trade, business, commerce or intercourse, and that even under the statute it ..... on a consideration of the scope of s. 3 of the act, it was held that the delegation of authority conceived under the act was not an unguided or uncontrolled one. the setting up of a commission of inquiry must conform to the condition of the section, i.e., that there must exist a definite matter of public .....
Tag this Judgment!Court : Chennai
Decided on : May-05-1989
Reported in : [1992]198ITR410(Mad)
..... by the karta of a hindu undivided family, that the members of the hindu undivided family are liable under section 278c of the income-tax act, 1961, and that no charge will lie under section 277 of the income-tax act, 1961, under which these accused have been charged. it is further stated that the learned magistrate has taken ..... 468, 196, 199, 200, 201, 380, 379, 419 and 420 read with sections 511 and 109 of the indian penal code and under section 277 of the income-tax act, 1961, read with sections 120b and 100 of the indian penal code and under section 419 read with section 511 of the indian penal code. 7. accused nos. 1, 4 and 5 ..... , 196, 199, 200, 201, 380, 379, 419, 420 read with sections 511 and 109, indian penal code, and section 277 of the income-tax act, 1961, read with sections 120b, 100, 419, 420 read with section 511, indian penal code, invoked the inherent powers of this court under section 482, criminal procedure code, to quash the above proceedings. 2. learned counsel for the .....
Tag this Judgment!Court : Chennai
Decided on : May-11-1989
Reported in : [1989]30ITD429(Mad)
..... president] - this appeal relates to the assessment year 1981-82. we will narrate certain facts which are essential for rendering a decision in this case. a notice under sec. 148 was issued issued by the income-tax officer in the status of an association of persons. in response thereto, a return was filed in the status of huf ..... is not static, but involves a constant flow of transactions upon transactions every day, subject to risks and vicissitudes unlike in other kinds of property, and requiring overt acts of management by those who wish to profit by it.'from the aforesaid observations, it would appear that where what is held is only investment in property, the ..... principle for the first time. they were merely following three very early decision of high courts on the subject. thus, by the time parliament came to rectify the it act, which was in 1961, the year after the supreme court decided indira balkrishnas case , the idea of an aop had become too well settled to need further clarification .....
Tag this Judgment!Court : Chennai
Decided on : Jun-12-1989
Reported in : [1990]32ITD370(Mad)
..... various valuation dates. but the assessing officer referred the valuation of the interest of the different assessees in various firms to the departmental valuation officer under section 16a of the act. while valuing the interests of the different assessees in various firms, in which they were partners, the departmental valuation officers worked out the fair market value ..... and plant and machinery of a mill and therefore the balance-sheet figures should not be disturbed, the same has to be rejected because according to section 7(1) of the act, the existence of an open market in place of a narrow or restricted market should be assumed. the expression 'estimated to be the price which... ..... seller and willing purchaser is introduced in the process of arriving at the estimated price. as regards the contention that while invoking the provisions of section 7(2) (a) of the act and making a global valuation on the basis of the balance-sheet as on the valuation date in the case of a business, for which .....
Tag this Judgment!Court : Chennai
Decided on : Jun-15-1989
Reported in : [1990]182ITR439(Mad)
..... the erstwhile banks being considered as the income of the assessees and subjected to assessment. such income, in accordance with clause (a) of sub-section (1) of section 170 of the act, has to be assessed as the income of the indian overseas bank ltd,. respectively. our attention has not been drawn to any provision in ..... the erstwhile banks had also been paid compensation, as provided in the second schedule to the banking companies act. 9. that leaves for consideration the applicability of section 170 of the act. under sub-section (1) of section 170 of the act, where a person carrying on any business (referred to therein as the predecessor) has been succeeded therein ..... and cit v. bangalore transport co. ltd : [1967]66itr373(sc) . learned counsel further submitted, in support of the conclusion of the tribunal that, under section 170 of the act, the predecessors would be liable to pay the tax up to the date of the takeover and the assessees, as successors, could be subjected to tax in respect .....
Tag this Judgment!Court : Chennai
Decided on : Jun-15-1989
Reported in : (1989)2MLJ530
..... rights and liabilities, respectively, of the government company. in this case the central government, by means of a notification dated 24-1-1976 under section 7(1) of the act directed that the right, title and interest and the liabilities of burmah shell oil storage company in relation to its undertakings in india shall instead of ..... the rights under such leas or tenancy shall be deemed to have been transferred to, and vested in, the central government. the effect of section 5(1) of the act referred to above is that the statutory tenancy right which burmah shell oil storage company had, vested in the central government with effect from the ..... , title and interest of burmah shell, in relation to its undertakings in india, shall stand transferred to and shall vest in, the central government. under section 4(1) of the act, the undertaking to stand transferred and vested in the central government shall be deemed to include all assets, rights, powers, authorities and privileges and all property .....
Tag this Judgment!Court : Chennai
Decided on : Jun-15-1989
Reported in : (1989)2MLJ28
..... 1983.3. before ever adverting to the decision on this point quoted by the learned counsel appearing on both side it is worthwhile to extract the provisions of the act. section 10(3)(a)(iii) reads as follows : a landlord may, subject to the provisions of clause (d), apply to the controller for an order directing the tenant ..... appreciation of the evidence with regard to the bona fides, findings of fact have been arrived at by the court below, this court exercising revisional power under section 25 of the act may not interfere, since that is a dictum laid down by the supreme court in sri rajalakshmi dyeing works v. rangaswamy : air1980sc1253 17. in order to ..... premises could apply for eviction of the tenant occupying the same on the ground that he required it for carrying on his partnership business, under section 10(3)(a)(iii) of the act 18 of 1960. the division bench after considering the various earlier decisions of this court and other high courts and the all india english reports, .....
Tag this Judgment!Court : Chennai
Decided on : Jun-15-1989
Reported in : (1991)1MLJ119
..... .g.r. prasad, learned counsel appearing for the appellant in the writ appeal and for the petitioner in the writ petition, after taking us through section 9 of the act and the provisions, particularly regulation 3 of the scheme, would submit as under: the veiy object of having these persons, namely workman or a director ..... the writ petition came to be filed for the relief stated above.6. two contentions were urged before the learned single judge. (1) under section 9(3) of the act every board of directors of nationalised bank shall include representative of the employees and depositors of such bank and (2) such other persons as ..... 27-10-1986.3. the facts lie within a narrow campass. in exercise of its powers conferred under section 9 of the banking companies (acquisition and transfer of undertaking) act, 1970 (central act, 1970), hereinafter referred to as the 'act', the union of india, framed the nationalised banks (management and miscellaneous provisions) scheme, 1970, hereinafter referred .....
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