Court : Mumbai
Decided on : Mar-25-1949
Reported in : AIR1949Bom367; (1949)51BOMLR623
..... based upon the consideration of the hardship to the individual and also upon the larger consideration of public policy. the doctrine of lis pendens enacted in section 52 of the transfer of property act is, i think, based upon expediency, that is, upon the consideration of hardship that may be caused to a party by the opposite party ..... 1(5, 1942, by the learned joint first class subordinate judge holding that there was no legal objection why he should not treat the application as one under section 47 of the civil procedure code and further holding that the application was within time as it had been filed within three years from the date of dispossession. the application ..... transferring the property pending the suit so as to defeat the right of the first party. the principles underlying these sections have been stated in the leading .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-24-1949
Reported in : 1949CriLJ834
..... with section 302 of the code ..... b. 19 (c), arms act cr in the alternative under section 114, penal code read with section 19(c), arms act,, under section 19 (f), arum act, under section 5, explosive substances act cr in the alternative under section 5, explosive substances act read with section 6 of the act, under section 4(b), explosive substances act read with section 6 of the act, under b. 6, explosive sub-stances act read with section 6 of the act, under section 115, penal code read .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-1949
Reported in : AIR1950Bom29
..... c.j.1. the question that arises on this reference is whether a certain amount paid by an employer to his employees is a valid deduction under section 10 (2) (xv), income-tax act, 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively for the ..... to tax for excess profits tax under the excess profits tax act, and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions are permissible under section 10 or not has to be considered. the excess profits tax act gives wider powers to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income-tax act, he may still disallow it under the excess profits tax act. but in this case as the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-1949
Reported in : [1950]18ITR47(Bom)
..... time after the close of the standard period,' and obviously this rule can only apply to those companies which have a standard period. when we turn to the act itself, section 6 deals with standard profits and lays down various standard periods for which profits have got to be assessed in order to arrive at a conclusion as to what ..... rather surprisingly he took the view that the expression 'profits' used in rule 5 should not be given the same meaning as given by the definition contained in section 2(19) of the act. according to him the word 'profits' should carry the meaning of actual profits. as i have pointed out earlier, that view is in my opinion erroneous ..... option given by this proviso, and it is not disputed before us that this particular assessee did not have any standard period as indicated in sub-clause (2) of section 6. the sub-clause contains four different periods which may be adopted by an assessee as the standard period at its option. but the assessee bank having exercised its .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-1949
Reported in : [1949]17ITR533(Bom)
..... j. - the question that arises on this reference is whether a certain amount paid by an exployer to his employees is a valid deduction under section 10(2)(xv) of the indian income-tax act, 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively for ..... to tax for excess profits tax under the excess profits tax act. and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions re permissible under section 10 or not have to be considered. the excess profits tax act gives wider powders to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income -tax act, he may still disallow it under the excess profits tax act. but in this case, as .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-1949
Reported in : (1949)51BOMLR708
..... 1. the question that arises on this reference is', whether a certain amount paid by an employer to his employees is a valid deduction under section 10(2)(xv) of the indian income-tax act,' 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively ..... to tax for excess profits tax under the excess profits tax act, and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions are permissible under section 10 or not have to be considered. the excess profits tax act gives wider powers to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income-tax act, he may still disallow it under the excess profits tax act. but in this case as the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-23-1949
Reported in : AIR1950Bom51
..... the lessees paid the lessor for that species of occupation which the contract between them allowed and it was, therefore, income from other sources within the meaning of section 12 of the act. of course it is to be noted that in this case the privy council was looking at the matter from the point of view of the vendor and not .....
Tag this Judgment!Court : Chennai
Decided on : Mar-23-1949
Reported in : (1949)2MLJ413
..... faith could be predicated or postulated in respect of a situation characterised by want of due diligence or by gross negligence. for the purpose of the indian limitation act, we have in section 2 thereof the definition of good faith which enacts that, unless there is anything repugnant in the subject or context, nothing shall be deemed to be done ..... rule 9, civil procedure code and that the same reasoning would apply to the case of junior members of a marumakkattayam or aliyasanthana family. referring to thenju v. chimmu i.l.r.(1884)mad. 413, mr. sundara aiyar made the observation earlier in his book at page 92, as noticed by venkataramana rao, j., himself that it is not clearhow much ..... the doubt expressed by the learned author at page 92 is well founded, and for reasons already stated by us thenju v. chimmu i.l.r.(1884)mad. 413, cannot be accepted and acted upon as correct law in view of the full bench decision. the analogy of cases of minors relied on by the learned author in support of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-23-1949
Reported in : (1949)2MLJ70
..... him to discharge or meet the liability he owed to the bank. the endorsement, therefore, was supported by valuable consideration and the plaintiff unless the presumption under section 118 of the negotiable instruments act is rebutted would prima facie be holder in due course. of course, we-are not expressing any opinion on the merits of the case and we are not ..... reason of want of notice of dishonour he suffered any prejudice and in those circumstances he would not be entitled to notice as the case falls under section 98(b) of the negotiable instruments act. he is a person who suffered no damage and therefore would not be entitled to any notice as he never deposited any money in the bank. the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-23-1949
Reported in : AIR1950Mad226
..... enable him to discharge or meet the liability he owed to to the bank. the endorsement, therefore, was supported by valuable consideration and the plaintiff unless the presumption under section 118, negotiable instruments act is rebutted, would prima facie be holder in due course. of course, we are not expressing any opinion on the merits of the case and we are not ..... by reason of want of notice of dishonour he suffered any prejudice and in those circumstances he would not be entitled to notice as the case falls under section 98(b), negotiable instruments act. he is a person who suffered no damage and therefore would not be entitled to any notice as he never deposited any money in the bank. the plea .....
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