Court : Mumbai
Decided on : Jan-06-1958
Reported in : AIR1959Bom201; (1958)60BOMLR1024; [1959]29CompCas501(Bom)
..... ' however does not appear to be a phrase common to jurisprudence nor does it appear to have been used in statutes, except in section 42 of the specific relief act and section 41 of the indian evidence act. in at least three judgments mentioned above, viz. : air1940cal225 'legal character' has been taken to meant, 'legal status' a ..... nominated and the first defendant company accepted the plaintiff as the director of the first defendant company under the provisions of clause 7(b) of the said finance agreement and similarly the said shanta brothers private ltd. nominated and the first defendant accepted the 8th defendant as a director under the provisions of clause ..... are directors of another private limited company called the shanta brothers private ltd., the plaintiff being also the chairman of the board of directors, thereof. a finance agreement which is recorded in a writing dated 14th may, 1954 was arrived at between the said shanta brothers private ltd. and the first defendant company, .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-07-1958
Reported in : AIR1959Bom275; (1958)60BOMLR660; ILR1958Bom1055
..... in the application. mr. parpia has drawn my attention to some of the observations made by the learned judge who disposed of the application under section 72 of the public trusts act. the observations upon which mr. parpia relies are:'by the present order of the charity commissioner it is not sought to do anything against the ..... in india and as persons interested in the aforesaid public trust, have filed suit no. 604 of 1957 with the consent of the charity commissioner under section 51 of the bombay public trusts act against serigio d'souza, prince lobo, t.v. mascarenhas and leo lawrence, who are impleaded as defendants nos. 2 to 5 in the suit. ..... appointed member, and therefore his name be entered as such member in place of j. boadita in the register maintained by the charity commissioner under section 17 of the bombay public trusts act. the deputy charity commissioner accepted the change suggested by the president fonseca, and entered the name of mr. leo lawrence in place of j. boadita .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-14-1958
Reported in : AIR1958Bom406; (1958)60BOMLR465; 1958CriLJ1308; ILR1958Bom1069
..... would have to carry out the mandate of the legislature. but although mr. somjee is right that there is no provision corresponding to sub-section (5) of section 497 or sub-section (2) of section 498, the important fact to remember is that, nor is there any provision in the code which prohibits the high court from re-arresting ..... magistrate. the first important fact to hear in mind and which has really led to the whole debate before us is that the offence under section 167(81) of the sea customs act is a bailable offence. the criminal procedure code does not lay down any principle which distinguishes bailable offences from non-bailable offences, except that in the ..... superintendent, central excise, preventive and customs, bombay raise questions of considerable importance. the first respondent along with others was charged under section 120b of the indian penal code and section 167 (81) of the sea customs act. he was released on hail of rs. 75,000 with one surety of like amount on 9-12-1957. on 4 .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-11-1958
Reported in : AIR1959Bom33; (1958)60BOMLR910; ILR1958Bom1134; [1959]35ITR103(Bom)
..... 12. the second case is identical on facts, the only difference being that the court was now considering not any statutory rule but a section of the finance act of england, and section 35 of that act dealt with the repayment with which we are concerned and the language used was identical with the language of rule 4 that where any person ..... must necessarily follow by reason of its being a statutory income. 15. a similar view seems to have been taken of a somewhat identical provision in the finance act of 1946, section 11(14), by the calcutta high court in mcgregor and balfour ltd. v. commissioner of income-tax. the calcutta high court was considering repayment made to ..... the spending power of the people should not increase because that might lead to inflation, and from this point of view, what the legislature provided by section 10 of the indian finance act was a provision for voluntary deposit which was not to exceed 1/5th of the amount of the excess profits tax, and the government agreed at .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-1958
Reported in : AIR1959Bom51; (1958)60BOMLR920; ILR1958Bom1153; [1958]34ITR30(Bom)
..... having once come to that conclusion it is not open to him subsequently to revise his conclusion and arrive at a contrary conclusion that section 23a should be applied to this company. now, when we turn to the finance act of 1948, all that is required in order to entitle a company to the rebate, apart from other factors with which we ..... of one anna on the amount of income-tax which the company was liable to pay under the provisions of the finance act of 1948 and mr. palkhivala says that this rebate could only be granted to a company to which section 23a had no application and mr. palkhivala urges that in granting this rebate the income-tax officer cam to the ..... are not concerned on this reference, is that no order has been made under sub-section (1) of section 23a. therefore, this is a factual condition, and when the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-1958
Reported in : AIR1959Bom100; (1958)60BOMLR926; ILR1958Bom1149
..... the assessee was that these amounts were not subject to tax. the tribunal held that these amounts constituted an income and were liable to tax under section 10 or 12 of the indian income-tax act.2. now, every receipt that a man receives is either a revenue receipt or a capital receipt, and in this case there can be ..... more so, when it brings in a steady income. if the assessee does practise a vocation, then the case falls under section 10; but even otherwise the income would fall in any case under section 12 of the income-tax act. 9. we answer the question submitted to us in the affirmative.10. assessee to pay the costs.11. answer in ..... the circumstances, in our opinion, it is an untenable proposition that the amounts received by the assessee were income which was exempted under the provisions of the indian income-tax act. 7. now, mr. thakkar wanted to argue that even if these receipts constituted 'income', he was entitled to deductions permissible under the income-tax law. no question has .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-19-1958
Reported in : AIR1959Bom281; (1958)60BOMLR1043; ILR1958Bom1184; [1958]34ITR222(Bom)
..... case : [1955]27itr245(bom) and what we had said earlier in kasturchand's case : air1950bom1 was that the income-tax act does not in terms prescribe a period of limitation for an order to be made under section 23a. that view, we think, is correct. but in neither of those cases did we consider the question of a ..... facts and circumstances of the case, it was necessary for the income-tax officer to initiate action under section 34 of the indian income-tax act in order to tax the deemed income distributed by virtue of the order under section 23a of the act? now, this question was considered in the case of navinchandra mafatlal v. commissioner of income-tax, ..... bombay city : [1955]27itr245(bom) and the view we took there was that section 23a was not a section which dealt with assessment, and after an order under section 23a was made, it was .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-01-1958
Reported in : [1958]34ITR439(Bom)
..... penal interest is sought to be imposed in respect of business income, it is clear that section 18 has no application. this cannot be a case of tax being deducted at source. with regard to increased rate of taxation, the finance act is part of the law of the land and it does not require ascertainment of facts in] order ..... (6) can be applied it has to be ascertained that the income was not assessable under section 18 and also that the failure to pay the requisite advance tax was not due to increased rate of taxation brought about by the finance act. when we look at the assessment order which is part of the record and when we see that the ..... to determine whether the finance act had changed the rates of taxation. therefore, in our opinion, there is no force in this contention either. 7. in our opinion, therefore, if it is clear that under section 18a(6) it was incumbent upon the income-tax officer to impose upon the petitioner .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-1958
Reported in : AIR1959Bom346; (1958)60BOMLR1314
..... which make it necessary or desirable for the commissioner of income tax or the central board of revenue, as the case may be to transfer his case under section 5(7a) of the act and it will also help the court in determining the bona fides of the order as passed if and when the same is challenged in court as mala ..... the owner of a cinema theatre in pursuance of two notifications issued by the state of madras in the purported exercise of the powers conferred upon it by section 8 of the cinematograph act, (ii of 1918). the impugned conditions related to the obligation on the licensee to exhibit at each performance one or more approved films of such length and for ..... licence must have attained the age of majority and must be a person of sound mind, it would not be within the ambit of the authority conferred by section 33(w) of the act. it cannot be said that every rule which lays down a personal qualification for the grant of a licence would be bad in law. the rules that have .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-30-1958
Reported in : AIR1959Bom245; (1958)60BOMLR1346; [1959]29CompCas34(Bom)
..... used the word 'proceeding' rather than the word 'claim'. it was further urged that inasmuch as the legislature has given relief from criminal proceedings by separate sections in the act such as sections 63, 69(5), 70(5), 75(4), 207, 209, 210, 211, 217 and 393(4), the legislature could not have contemplated of including proceedings ..... incurred and for which steps might be taken against them under sections 159, 162 and 220 of the act. section 159 provides that every company having a share capital shall within 42 days from the day on which each of the annual general meetings ..... profit and loss account prepared in time.3. the question that has been seriously canvassed before me is whether i have jurisdiction under sub-section (2) of section 633 of the act to grant relief against the liability of the petitioners, who are directors and secretary of the company respectively, which they apprehend they might have .....
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