Court : Gujarat
Decided on : Dec-03-1973
Reported in : [1975]101ITR153(Guj)
..... an admissible deduction under section 57(iii) of the act. we, thus, answer the question in favour of the revenue. this reference is accordingly disposed of. the applicant shall bear the costs of the commissioner ..... at the relevant time it was obligatory upon the assessee to make annuity deposit and that the earning of interest through such deposits was merely incidental. section 280c of the act makes this position quite clear. 19. to conclude, therefore, our answer to the question referred to us is that the expenditure in question was not ..... 5,00,055. interest paid on this amount during the accounting period was rs. 26,986 should be allowed as permissible deduction under clause (iii) of section 57 of the act which says that while computing the chargeable income under the head 'income from other sources' any expenditure, not being in the nature of capital expenditure, laid .....
Tag this Judgment!Court : Delhi
Decided on : Dec-03-1973
Reported in : AIR1975Delhi19
..... upon the utmost good faith and if the utmost good faith be not observed by either party, the contract may be avoided by the opposite party' (section 19, marine insurance act).36. the general principle of good faith governing insurance is tersely stated by lord chorley:'the general principle governing insurance is that of good faith. in ..... its severity by imposing a strict burden upon insurers. (law of contract (8th edition) page 276).31. in india the legislature has enacted in section 45 of the insurance act that no policy of life insurance shall e called in question by an insurer on the 1round that a statement made in the proposal form 'leading ..... matters of common knowledge generally or in the insurer's business. the prospective assured must disclose material circumstances that he knows or ought to know: see section 20 marine insurance act, 1963.25. whether the omission to disclose any particular circumstance is material so as to render the contract voidable is a question of fact in each .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-03-1973
Reported in : AIR1974SC669; (1974)1SCC295; [1974]2SCR562; 1974(6)LC85(SC)
..... the parliament under entry no. 21 read with entry no. 35 of the concurrent list.a scheme approved by the state government under sub-section (3) of section 68d of the act effectuates the object of state monopoly in the matter of transport service. such a scheme, in our opinion, does not entail encroachment by ..... operators, including the appellants, issued by the regional transport authority, jaipur and countersigned by the regional transport authortiy, agra were cancelled under sub-section (2) of section 68f of the act.3. the appellants, who are bus operators of rajasthan, and some others thereupon filed petitions under articles 226 and 227 of the constitution to ..... the hearing authority, as per order dated july 30, 1962. the central government conveyed its approval to the scheme under the proviso to sub-section (3) of section 68d of the act as per letter dated february 6, 1963. notification dated february 20, 1963 was published by the uttar pradesh government in the official gazette dated .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-03-1973
Reported in : 1973(6)WLN981
..... ' in ' sir & khudkasht possession ' may not be regarded as an admission by the mortgagees as the deed was executed by the mortgagors hut it is admissible under section 13 of the evidence act as assertion of title and when it is under the mortgage-deed that the mortgagess claim, its pribative value as agginst them and as against the lessees who ..... received as an admission of the vendee bhader ram as the deed was executed by the vendor gangaram. that is true. but even then it is admissible under section 13 of the evidence act as assertion of the title to the land. moreover, it is under this document that the defendant bhaderram claims his title to the suit land. the probative ..... arises because mr. purohit does not rely on the entries mentioned in ex. 2 but on the absence of an entry in respect of khasra no. 167. section 35 of the evidence act provides that an entry in any public or official book, register or record stating a fact in issue or relevant fact and made by a public servant in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-30-1973
Reported in : AIR1974SC471; (1974)1SCC242; [1974]2SCR544
..... compromise agreement, itself. admissions, if true and clear, are by far the best proof of the facts admitted. admissions in pleadings or judicial admissions, admissible under section 58 of the evidence act, made by the parties or their agents at or before the hearing of the case, stand on a higher footing than evidentiary admissions. the former class of ..... of the decree, but accepted the other objection holding that the decree was void because 'the court did not apply its mind while allowing it under section 13(1)(j), rent act'. with regard to the second ground it was said that it had ceased to exist because 'under the terms of compromise the default in payment of ..... that this memo of compromise is executable as a decree of court.25. the court, after referring to the petition of the landlord being under section 10(3)(a)(i), of the act on the ground of his own occupation, passed the following order :compromise memo filed and recorded. by consent eviction is ordered granting time to vacate .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-30-1973
Reported in : [1974]94ITR129(All)
..... were left to the co-operative societies. 20. coinciding with the enactment of the 1956 act, parliament amended the indian income-tax act, 1922, by the finance act of 1955. it introduced sub-sections (3), (4) and (5) to section 14 of that act. by these provisions exemptions were granted from income-tax. these provisions provided : ' ..... intention can be gleaned from the provision read as a whole. in our judgment, no such contrary intention is deducible from section 10(29) or from the rest of the act. it appears to us that the word ' marketing ' has been used in the wider sense to include the various activities ..... the exemptible income is in respect of letting of godowns or warehouses for storage, processing or facilitating the marketing of commodities. 4. section 28 of the agricultural produce (development and warehousing) corporation act, no, 28 of 1956, provided that the state governments may, with the approval of the central warehousing corporation, establishstate warehousing corporations. .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-30-1973
Reported in : (1974)76BOMLR475
..... settled at prices fixed in the notification, was challenged. that power was exercised under a bye-law. the bye-laws were made under section 4 of the act. section 4(f) of the act was to this effect:the functions of the commission shall be to perform such other duties and exercise such other powers as may be ..... heard by the deputy charity commissioner. it was only after his decision went against them, and they moved the city civil court by applications under section 72 of the act, that they challenged the very notification of the government under which the deputy charity commissioner was empowered to hear revision applications. that contention being upheld by ..... charity commissioner, that they were not interested in being parties to the enquiry proceedings, the charity commissioner could not have exercised his revisional jurisdiction under section 70a of the act, on the basis of an application which was made by mr. barot the chairman of the mumbadevi trust. it was also contended that since no .....
Tag this Judgment!Court : Delhi
Decided on : Nov-30-1973
Reported in : [1974]95ITR1(Delhi)
..... under law to institute in respect of these silver bars or in respect of the income which the silver bars represent. proceedings under sub-section (5) of section 132 of the act are only in the nature of provisional proceedings for the estimate of the income and these proceedings have to be followed by regular assessments ..... the previous approval of the commissioner does not, in our view, militate against the principle of noninterference in judicial proceedings. the contention that sub-section (5) of section 132 of the act is ultra virus cannot, thereforee, be accepted.23. the next ground on which the impugned order of the income-tax officer was challenged is ..... quashed.10. the petitioners filed a rejoinder controverting the preliminary objections raised by the respondents in their reply (sic) appeal provided under sub-section (11) of section 132 of the act was not an effective remedy and further that such remedy was not available to the petitioners inasmuch as the impugned order of the income- .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-30-1973
Reported in : AIR1974SC276; 1974CriLJ331; (1974)3SCC698; 1974(6)LC121(SC); 1973()WLN998
..... for some unknown reason, and was kept locked up before he gave his statement. it may also be mentioned here that the statements of prosecution witnesses were recorded under section 164 criminal procedure code also during the investigation. it is true that the evidence of champoli is not as reliable as the high court thinks. further more, the evidence of ..... claim of brijmohan the murdered man who was said to be in actual possession of it. the party of the accused had threatened him so that proceedings under section 107 criminal procedure code had to he instituted against the accused who had also been prosecuted for the theft of the crop by brijmohan. the theft case was pending when ..... , he was shown to have been regularly deposing against the accused persons. the high court considered the testimony of such a witness to be too 'hazardous' to be acted upon.8. the evidence of banwari, p.w. 7, the son of deceased brijmohan, a resident of timava, had been rejected by the high court mainly because he .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-29-1973
Reported in : [1975]100ITR177(Bom)
..... amount as a result of any adventure in the nature of trade. 15. the expression 'adventure in the nature of trade' appearing in the definition of 'business' under section 2(4) of the act came to be considered by the supreme court in g. venkataswami naidu & co. v. commissioner of income-tax, where after exhaustive analysis of the statutory provisions and ..... surplus. it was submitted that this was not enough to characters it as an adventure in the nature of trade to bring it within the meaning of section 10 read with section 2(4) of the act. 23. it may be mentioned that other cases were cited at the bar, but in my opinion the supreme court has dealt with the question ..... nature of trade, and, that if surplus was realised from such venture, such surplus was liable to be included in the income of the assessee-company under section 10 of the indian income-tax act, 1922. vimadalal, j.31. i agree with the judgment just delivered by my brother, desai j., and would like to add only a few words. there .....
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