Court : Karnataka
Reported in : [1974]93ITR115(KAR); [1974]93ITR115(Karn)
..... the question before us. the answer to the question rests on the interpretation of subsection (1) of section 80e which was introduced by the finance act of 1966. the said section has now been replaced by section 80-i. sub-section (1) of section 80e reads thu : '80e. deduction in respect of profits an gains from specified industries in the ..... case of certain companies. - (1) in the case of a company to which this section applies, where the total ..... was distinguished on the ground that it was in connection with the operation of a provision which did not create such a differentiation. section 15c of the indian income-tax act, 1922, and section 80e, in the opinion of the appellate tribunal, had no similar connotation. it affirmed the fact that in computing the total income .....
Tag this Judgment!Court : Karnataka
Reported in : [1973]43CompCas157(Kar)
..... enforcement officer has no jurisdiction or competence to take any action against them under section 8 of the act, as the said act automatically expired with the revocation of the proclamation of emergency by the president on the 10th of january, 1968, as provided by section 1(3) of the act. 11. the act was undoubtedly a temporary enactment made by parliament, which expired on the 10th ..... of january, 1968. it is only after that date that the enforcement officer has chosen to take action against the petitioners in .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1973Kant162; AIR1973Mys162; (1972)2MysLJ460
..... accident caused by a motor car at about 10.35 p.m. on 10-2-1965. he filed an application under section 110-a of the motor vehicles act claiming compensation of rs. 50,000/-. the motor accidents claims tribunals, bangalore, awarded rs. 6,100/- as special ..... been awarded as compensation. it may be noted here that the accident in that case took place in the year 1950. in 1968 acj 63 = (air 1968 j & k 2). (roshan lal bhalla v. sudesh kumar) the plaintiff suffered a fracture of his left thigh femur which ..... ,100/- as special damages.24. it is contended by mr. sundaraswamy that the said claim had become time barred on 11-12-1968, the date of the application, and that the tribunal was in error in awarding the special damages. the damages claimed by way ..... a sum of rs. 50,000/- was claimed as the amount of compensation. the applicant filed an amendment application on 11-12-1968 claiming a further sum of rs. 8,500/- by way of expenses incurred for his treatment and medicine etc. this application was .....
Tag this Judgment!Court : Karnataka
Reported in : [1973]91ITR841(KAR); [1973]91ITR841(Karn)
..... by working out the tax payable as well as the rebate to be given on the exempted income. 20. section 84 was debated by the finance act of 1967 and substituted by section 80j with effect from april 1, 1968. in section 80j, the legislature has expressly provided for deduction of six per cent. on the capital employed in the newly established ..... rs. 4,19,040 on the basis of the interpretation of section 84 and section 110 of the income-tax act, 1961, but only entitled to a relief of rs. 2,11,574 ?' 8. section 84 of the act which has been deleted by the finance act of 1967 with effect from 1st april, 1968, provided that : '...... income-tax shall not be payable by ..... a assessee on so much of the profits and gains derived from any industrial undertaking, etc., to which the section applies, as does not exceed six per .....
Tag this Judgment!Court : Karnataka
Reported in : 1973CriLJ1049
..... may probably occasion a breach or disturb the public tranquillity. it is also clear that, it is the individual who is contemplated in this section and it is the individual act that must be brought home. the only case in which a person can be punished for the wrongs done by others is, where he (or body ..... pursuance of their common object. a mere omnibus statement to that effect that the petitioners had committed various acts is not sufficient to take action against them under section 107 of the criminal procedure code. in fact, as stated earlier those acts themselves have not led to any breach of peace or are likely to occasion breach of peace or disturb ..... m c.c. no. 111/72;likewise the above respondents are apt to commit any act which occasion breach-of peace or disturb the public tranquillity.in view of the above the undersigned' has got sufficient grounds to believe that an offence under section 107, cr.pc is imminent in hirebannimatti village (hadagalli taluk). hence the respondents 1 ta .....
Tag this Judgment!Court : Karnataka
Reported in : [1974]96ITR87(KAR); [1974]96ITR87(Karn)
..... on for the purpose of valuation of the shares of the estate of mrs. lynall. plowman j. held that in arriving at the open market value under section 7(5) of the finance act, 1894, the court should only have regard to published information and information which the directors would in fact have given in answer to reasonable questions. that view ..... cannot contend that an addition will have to be made on account of expected dividend for the year 1967. if what the assistant controller intended was the anticipated dividends for 1968, no addition can be made on that account since the accounts up to december 31, 1967, were published long after the date of death. dividend is not like ..... not clear from the order of the assistant controller, whether it is the dividend payable in 1967 for the year ended december 31, 1966, or the dividend payable in 1968 for the year ended december 31, 1967. it will be noticed that under explanation ii(ii)(b) of rule 1d of the wealth-tax rules, the amount set apart .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1973Kant129; AIR1973Mys129; (1973)1MysLJ77
..... the relationship of landlord and tenant between the parties and it is not necessary for the court to decide the existence of the said relationship when it is acting under section 43 (3). it is his further contention that if the court were to enter into an enquiry with regard to the existence of the relationship of landlord ..... be in force for a specified period during which the legislature thought it advisable and expedient to provide for such extraordinary remedies. it is true that section 43 (3) of the act also provides for extraordinary remedies but nonetheless the intention of the legislature is that such remedy should be open only to a person who comes within ..... when the jurisdictional fact is found against the appellant that the industrial tribunal would have jurisdiction to deal with the merits of the dispute.'10. under section 43 (3) of the act, the intention of the legislature is to provide quick relief to the tenant if an essential supply or service is cut off or withheld without .....
Tag this Judgment!Court : Karnataka
Reported in : [1973(27)FLR249]; ILR1973KAR272; (1973)IILLJ521Kant; (1973)1MysLJ386
..... of a board called 'the trustees of the port of mangalore'. it is a body corporate with the duty of carrying out the provisions of the said act. section 5(1) of the port trust act provides : '5. constitution of the board. - (1) the board shall consist of such number of trustees, not being less than thirteen or more than ..... the state government. with that, let us see whether the said authority and the revenues administered by it are under the control of the government. 12. section 6 of the port trust act provides for the appointment of chairman and vice-chairman of the board by the state government. under s. 16, it is for the state government, from ..... the supreme court lends support to his contention. valjibhai's case, : [1964]3scr686 , was explained in a decision of this court in channaveerappa shivappa baligar v. state of mysore, [1968] 1 mys. l.j. 300, where chandrasekhar, j., said, at p. 305 : '..... in our opinion, the above decision of the supreme court cannot be understood as laying down .....
Tag this Judgment!Court : Karnataka
Reported in : [1973]43CompCas505(Kar); ILR1973KAR577; (1973)2MysLJ21
..... the argument urged on behalf of the official liquidator may be repelled on another ground in this case. exhibit p-21 is the certificate of registration issued under section 132 of the act. section 132 reads : '132. certificate of registration. - the registrar shall give a certificate under his hand of the registration of any charge registered in pursuance of this ..... had been extended by the district judge. exhibit p-21, dated august 19, 1965, is the certificate of registration of mortgage issued by the registrar under section 132 of the act certifying that the equitable mortgage dated may 20, 1964 (exhibit p-4) for rs. 1,50,000 in favour of the plaintiff had been duly registered ..... p-4 is not binding on him on the ground that the mortgage had not been duly registered with the registrar of companies as required by section 125 of the act. the registrar of companies has been examined as witness of behalf of the official liquidator in this case and he had produced the relevant documents which .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1974KAR299; [1974]95ITR460(KAR); [1974]95ITR460(Karn)
..... liable to estate duty. by abolishing the former provisions, it first brings all property within the prima facie charge of estate duty; but the sub-section (as amended by the finance act, 1962, section 28(1) then goes on to provide that property passing on the death which is situate out of great britain if it is shown - (i ..... parliament has throughout observed the above principles of international law while enacting section 24 if the 1936 finance act and section 28(2) of the 1949 finance act. clause 19 of the 1949 and 1948 bills referred to above was on the pattern of section 24 of the 1936 u. k. finance act. section 21(1)(i) as enacted is violative of the principles of ..... in which it is situate, immovable property.' 9. so far as the law in the united kingdom is concerned, it is clear from the provisions of section 28(2) of the finance act, 1949, that to include the value of any movable property passing on the death situated outside great britain, the 'proper law' regulating the devolution of .....
Tag this Judgment!