Court : Punjab and Haryana
Decided on : Feb-22-1989
Reported in : (1989)80CTR(P& H)28; [1989]178ITR474(P& H)
..... made by the three hindu undivided families amongst its coparceners, when partial partition is to be ignored, which in terms of clause (a) of sub-section (9) of section 171 of the act has to be considered as null and void. the necessary incident of ignoring the partial partition would be that the investment made by the three hindu undivided ..... for the mode of assessment and the procedure for doing so on the total or partial partition of a hindu undivided family. by the insertion of sub-section (9) in section 171 of the act, any partial partition after december 31, 1978, is not to be recognised and by virtue of clause (a) thereto, no claim, when partial partition had ..... with the assessee-firm on behalf of the hindu undivided family has to be considered as capital borrowing on partial partition or not.6. sub-section (9) was inserted in section 171 of the act by the finance act (no. 2) of 1980, with effect from april 1,1980. the assessment year in question is 1980-81, and it is beyond .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-21-1989
Reported in : [1989]179ITR208(P& H)
..... price as on january 1, 1954, had to be considered and not as on february 28, 1970. this he did in view of section 55(2) of the act.2. on appeal, the appellate assistant commissioner agreed with the assessee and found the price fixed by him to be reasonable. the income-tax appellate tribunal, chandigarh, agreed ..... january, 1954, at the option of the assessee.' 5. admittedly, the assessee acquired the land before january 1, 1954, by inheritance and the case would fall under section 55(2)(a)(ii) of the act and the cost of the capital asset has to be taken as on the date of inheritance or the fair market value as on january 1, 1954 ..... acre as on february 28, 1970, in view of the fact that the agricultural land was brought within the definition of 'capital asset' contained in section 2(14) of the income-tax act, 1961 (for short 'the act'), by virtue of the amendment brought on april 1, 1970. the income-tax officer did not agree with the assessee and held that the cost .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-17-1989
Reported in : AIR1990P& H23
1. On 16-3/1970. Tulsi Ram filed a suit against Sukhwinder Pal for a declaration that he was owner in possession of 96 Kanals 17 Marias of agricultural land detailed in the suit and challenged the gift deed dt. 30th Sept. 1968, which is alleged to have been executed by him in favour of the defendant, who is brother's grandson on the ground that the same was obtained by fraud or misrepresentation as he was an old man and it was represented to him by defendant that loan was being granted to the landowners and since he was of old age he should execute a power of attorney. Under the pretext of executing the power of attorney, thumb impressions on the gift deed were obtained, which did not bind him. Before obtaining thumb impressions the defendant administered milk in collusion with his father which contained some drug. In the gift deed it was mentioned that he had no male or female child although he had a daughter living. Even the wife living but no mention was made about her.2. The defend...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-17-1989
Reported in : AIR1990P& H84
..... fifth and sixth semester examinations, he would have got 699 marks and would have been a topper i.e. he would have secured position in the university merit list. the act of the university in not giving him credit of three marks was in violation of rules 9.2 and 10 contained in punjab university calendar, 1985 (vol. iii).3. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-15-1989
Reported in : AIR1989P& H319
ORDERG.R. Majithia, J. 1. This revision petition is directed against the order of the Rent Controller refusing to set aside the ex parte ejectment order passed in rent application No. 51 of 1978, decided on January 31, 1983.2. Sharan Singh and his son Jaswant Singh filed an application for eviction on the ground that the demised premises were let out to H.V. Oils Mills, Khanna, through its partner Hakumat Rai for a period of five years and after the expiry of the contractual period, respondents Nos. 1 to 4 continued in possession of the premises but as statutory tenants. They are in arrears of rent since November 1, 1974, till the date of filing of the application and have sublet the premises to Kuldip Singh.3. The respondents other than respondent No. 5 were proceeded ex parte on March 20, 1979. They were served through substitutedservice by an insertion in 'The Daily SamajLudhiana'. Respondent No. 5 claimed thathe was in possession of the premises inpursuance of an agreement of sale ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-06-1989
Reported in : AIR1990P& H60; [1992]73CompCas464(P& H)
..... 13 1/2 per cent. per annum has been rightly allowed by the court while decreeing the suit. the learned counsel also referred to s. 21 of the banking regulation act to contend that the rate of interest could not be challenged on the ground that it was excessive. as regards the principal amount adjudged, the learned counsel relied upon state .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-27-1989
Reported in : AIR1990P& H87
..... and the time limit before the arbitrator to arbitrate was going to expire, the other party, namely, the state of haryana, filed an application under s. 28 of the act before the senior sub judge, sonepat. for extension of lime. the application was opposed by the contractor on the plea that since the proceedings were pending before the sub ..... the parties and keeping in view the provisions of s. 31(4) of the act, it is clear that the sonepat court would have no jurisdiction. sub-sec. (4) of s.31 of ihe act is in the following terms:--'31(4). notwithstanding anything contained elsewhere in this act or in any other law for the time being in force, where in any ..... reference any application under this act has been made in a court competent to entertain it, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-23-1989
Reported in : (1990)83CTR(P& H)182; [1989]178ITR393(P& H)
..... , it is not permissible under section 41(1) of the act to add the amount in question, that is, that received as refund by the erstwhile partners of the firm in their individual capacity. no penalty could, therefore, ..... and distinct assessees. in the present case, deductions in respect of liability for sales tax wereallowed to the firm. by virtue of section 41(1) of the act, therefore, the amount would be deemed income in the hands of the assessee that got the deductions which, in this case, was the firm. this being so ..... clearly to be answered in the affirmative, in favour of the assessee and against the revenue. keeping in view the definition of 'person' as given in section 2(31) of the act, it will be seen that it includes a firm too which means that a firm will succeed a firm while its partners in their individual capacity are separate .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-19-1989
Reported in : AIR1990P& H115
..... buildings within the municipal limits of ludhiana are concerned, the same are governed by the punjab municipal corporation act, 1976. section 275 of the punjab municipal corporation act, 1976, provides that the building activity can be by a town plan or building scheme. upto 1-4-1977 the punjab municipal ..... case of the respondent that so far as the building activities within the municipal limits of ludhiana are concerned, they are governed by the the municipal corporation act, 1976.3. i have heard the learned counsel for the parties and perused the documents on the file.4. so far as construction activities of ..... act, 1911, was operative at ludhiana. under the punjab municipal act, 1911, the building activities were regulated by s. 192 of the act. as a matter of a fact s. 192 of the act .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-18-1989
Reported in : (1990)ILLJ443P& H
..... concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or .............................................'sub-clause (bb) to clause (oo) of section 2 of the act, which was added in 1984 by an amendment, cannot be so construed as to drastically restrict the orbit of the term of 'retrenchment'. clause (bb) is ..... less than 240 days, shall be treated to have been in regular employment of the bank. the termination of services without complying with the provisions of section 25f of the act was held to be illegal.7. i.r. malik has raised an additional legal issue other than those taken in paramjit chopra's case (supra). this ..... (supra). in that case it was held that a workman who had rendered continuous service with notional break for a period of one year under section 25b(2) of the act during a period of 12 calendar months preceding the date of termination of services of the petitioner who had actually worked with the bank for not .....
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