Court : Supreme Court of India
Reported in : AIR1953SC527; (1953)IIMLJ823(SC); [1954]1SCR258
..... paid or received at all.' 15. the case of commissioner of taxes v. the melbourne trust, limited [1914] a.c. 1001. turned on the construction of the charging section in the income-tax act 1903 of victoria, whereby a company was liable to pay tax upon the profits earned in or derived in or from victoria..... in this case the surplus realized ..... the view that the income was determined on the mercantile basis and that the income had accrued or arisen to the assessee within the meaning of section 4(1)(b)(i) of the income-tax act, and the mere fact that the amount was put in the suspense account did not alter the fact that the income had accrued to the firm ..... and as credits in favour of the firm. the journal entries in the company's books are the same. 10. section 10 of the act makes 'profits and gains of business, profession or vocation' carried on by an assessee liable to tax. section 12 makes 'income from other sources in respect of income, profits and gains of every kind' liable to tax. by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC495; 1954(2)BLJR1; (1953)IIMLJ796(SC); [1954]1SCR243
..... permissible as between the eldest and the younger sons, is indicated in the text (vide mitakshara chapter i, section 2.). nothing depends upon his own favour or discretion. when however, he makes a gift which is only an act of bounty, he is unfettered in the exercise of his discretion by any rule or dictate of law. it ..... self-acquisition of the son within the meaning of the definition given above and consequently cannot be exempted from partition. this argument seems to us to be untenable. section 4 of the first chapter in mitakshara enumerates various items of property which, according to the author, are exempted from partition and self-acquisition is only one of ..... to the estate (vide mayne's hindu law, 11th edition, paragraph 280, page 344.). there is no contradiction really between placitum 1 and placitum 28 of the section. both are separate and independent items of exempted properties, of which no partition can be made. 18. another argument is stressed in this connection, which seems to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1953]24ITR525(SC)
..... paid or received at all.'the case of commissioner of taxes v. the melbourne trust, limited [1914] a. c. 1001 turned on the construction of the charging section in the indian income tax act, 1903, of victoria, whereby a company was liable to pay tax upon the profits earned in or derived in or from victoria..... in this case the surplus ..... view that the income was determined on the mercantile basis and that the income had accrued or arisen to the assessee within the meaning of section 4 (70) (b) (i) of the indian income-tax act, and mere fact that the amount was put in the suspense account did not alter the fact that the income had accrued to the firm ..... the company and as credits in favour of the firm. the journal entries in the companys books are the same.section 10 of the act makes 'profits and gains of business, profession or vocation ' carried on by an assessee liable to tax. section 12 makes 'income from other sources in respect of income, profits and gains of every kind ' liable to tax .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC266
..... nosibolla', : 1951crilj510 in regard to the exercise of the revisional jurisdiction at the instance of a private complainant:'the revisional jurisdiction conferred on the high court under section 439, criminal p. c. is not to be lightly exercised, when it is invoked by a private complainant against an order of acquittal, against which the government ..... government of west bengal with a request to prefer an appeal under section 417, criminal p. c. the legal remembrancer however was of the opinion that it was not a fit case where the state should prefer an ..... under the definite instructions of the complainant. having regard to the above finding he acquitted the appellant as also the said dinesh majumdar of the charge under section 409, penal code as framed.6. the complainant having failed in substantiating the charge which he had made against the appellant, approached the legal remembrancer, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC44; (1954)IMLJ41(SC)
..... . in support of his contention the learned counsel placed reliance upon certain provisions of the defence of india rules and also upon illustration (d) to section 56 of the contract act. all that the defence regulations show is that the violation of a requisition order could be punished as a criminal offence. but no matter in whichever ..... of the parties which underlies all rules of construction. this is really a rule of positive law and as such comes within the purview of section 56 of the indian contract act. 19. it must be pointed out here that if the parties do contemplate the possibility of an intervening circumstance which might affect the performance of ..... relevant for our present purpose. the principal contentions raised on behalf of the defendant were that a suit of this description was not maintainable under section 42 of the specific relief act and that the plaintiff had no locus standi to institute the suit. the most material plea was that the contract of sale stood discharged by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC194; 1954(2)BLJR18; 1954CriLJ475; (1954)IMLJ50(SC); [1954]1SCR330
..... 5. now these rules are not all the same though they are designed to achieve the same result. the criminal procedure code takes care of courts subordinate to the high court. sections 366 and 424 deal with them. the high courts have power to make their own rules. the power is now conferred, or rather continued, under article 225 of ..... is not their judgment. they may write and exchange drafts. those are not the judgments either, however heavily and often they may have been signed. the final operative act is that which is formally declared in open court with the intention of making it the operative decision of the court. that is what constitutes the 'judgment'. 12. now ..... of reaching a final conclusion; also there is no formal public declaration of the judges' mind in open court and consequently there is no 'judgment' which can be acted upon. but after delivery the alteration cannot be made without notice to the parties and the proceedings must take place in open court, and if there is no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC75; 1954(2)BLJR213; (1954)IMLJ60(SC); [1954]1SCR360
..... 24. the only statutory provisions which bear on this point are section 91 of the indian trusts act, 1882, section 3 of the specific relief act, 1877, illustration (g), and section 27 of that act, and section 40 of the transfer of property act. 25. section 91 of the trusts act, does not make the subsequent purchaser with notice a trustee properly ..... but not against one who holds for consideration and without notice. section 27 of the specific relief act does not carry the matter any further. all it says is that specific performance may be enforced against ' (a) either party thereto; (b ..... , 'to the extent necessary to give effect to the contract.' 26. section 3 illustration (g) of the specific relief act makes him a trustee for the plaintiff but only for the purposes of that act. section 40 of the transfer of property act enacts that this obligation can be enforced against a subsequent transferee with notice .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC61; 1954(2)BLJR89; (1954)56BOMLR447; [1954]1SCR339
..... have succeeded if the widow's rights were non-existent or destroyed (in other ways) [jatadhikaraya : patnya : adhikara pradhvamsepi bhogavasishtam dhanam grnhiyu :] (dayabhag chap. 11, section 1 paragraph 59.). it was observed by ashutosh mookerjee j. in debi prasad v. golap bhagat 40 cal. 721 that the theory of relinquishment or surrender was foreshadowed in ..... interest in favour of the reversioner, undoubtedly no surrender can be effective if the widow has already parted with her interest in the property by a voluntary act of her own or her rights therein have been extinguished by adverse possession of a stranger. the english doctrine of merger, though it may have influenced ..... had placed it absolutely beyond her power to deal with it any further; and her title being already extinguished by adverse possession, no further extinction by any act of surrender on her part was possible. the other branch of the learned counsel's contention is, that assuming, that the widow could make a surrender, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC193; [1954]1SCR378
..... state of west bengal in the union of india while the province of east bengal became and is still a part of the dominion of pakistan. the indian independence act, 1947, by section 9 empowered the governor-general, amongst other things, to make such provision as appeared to him to be necessary or expedient for dividing between the new provinces to be ..... lal bhayana a.i.r. 1951 p&h; 382. the phrase 'loans, guarantees and other financial obligations' occurred in section 178 in part vii of the government of india act, 1935, and there cannot be any doubt that those expressions used in that section did not refer to all and sundry pecuniary obligations of the state arising out of contracts of every description .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1954]1SCR454
..... contempt was punishable under an indian penal statute and so the code of criminal procedure applied because of the words 'any other law' in section 5. in our opinion, this is wrong because the act of 1926 does not confer any jurisdiction and does not create the offence. it merely limits the amount of the punishment which can be given ..... by any another law for the time being in force.' the term 'special jurisdiction' is not defined in the criminal procedure code but the words 'special law' are defined in section 41 of the indian penal code to mean 'a law applicable to a particular subject.' in the absence of any specific definition in the criminal procedure code we think that brings out ..... that court.......... we are of opinion that it is a court of record and that the law must be considered the same there as in this country.' 8. the 1884 edition of belchamber's practice of the civil courts also says at page 241 that - 'every superior court of record, whether in the united kingdom, or in the .....
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