Judgment Search Results Home > Cases Phrase: finance act 2007 section 12 amendment of section 35 Court: privy council Page 21 of about 1,485 results (0.049 seconds)

The Official Receiver of South Arcot Vs. K.V.M.P.Kt. Alagappa Chettiar ...

Court : Chennai

Reported in : AIR1946Mad236; (1946)1MLJ113

..... document, that it could be ignored and relief obtained so long as the right of the real owner was not extinguished by the operation of the provisions of section 28 of the limitation act. he cited the well-known ruling of the privy council in pethaperumal chetti v. muniandi servai (1908) 18 m.l.j. 277 : 35 i.a. 98 ..... became knownto him. the defendant have not been able to prove anything to the contrary.27. it is clear that muthukaruppan chettiar is one of the prominent creditors financing the suit. it is well known that the official receiver often does not take the risk of a litigation unless a creditor or the body of creditors is willing ..... order of the learned subordinate judge. sanction was, however, accorded to the creditor himself to file a suit at his own risk. but subsequently on the creditor undertaking to finance the litigation, sanction was accorded to the official receiver himself to institute the present suit.4. the suit was filed on the 24th february, 1943 and defendants 5 to .....

Chartered Bank of India Vs. Imperial Bank of India

Court : Kolkata

Reported in : AIR1933Cal366

..... that the defendants would probably succeed in this case, on the pleadings as they then stood, their position and claim as valid pledgees within the terms of the old section 178, contract act, which was then in force, being much stronger than that of the central bank of india, limited, in the case cited. that being the position, the ..... kerr tarruck & co. had defrauded or had intended to defraud the plaintiffs. i have been informed that this is a kind of representative suit, and is being financed by several of the banks who wished to have the question raised by the issue of trust receipts finally decided. i cannot help regretting that the plaintiffs did not ..... on business in calcutta as importers and dealers. their shippers used to draw bills of exchange on them for the price of the goods shipped. the plaintiffs used to finance the shippers by discounting these bills, or by issuing other bills in exchange, and took, as security the bills of lading and other documents relating to the goods .....

Chartered Bank of India, Australia and China Vs. Imperial Bank of Indi ...

Court : Kolkata

Reported in : 149Ind.Cas.903

..... in trust, bona fide, whether the trust is express or implied, he is in possession as the legal owner: joy v. campbell (1804) i ch. & led. 328 trusts act, section 3. it is clear that kerr tarruck & co. were not the legal owners. they knew that their contract with the shippers was that the property in the goods should not ..... , that kerr tarruck & co. had defrauded or had intended to defraud the plaintiffs. i have been informed that this is a kind of representative suit, and is being financed by several of the banks who wished to have the question raised by the issue of trust receipts finally decided. i cannot help regretting that the plaintiffs did not pursue ..... on business in calcutta as importers and dealers. their shippers used to draw bills of exchange on them for the price of the goods shipped. the plaintiffs used to finance the shippers by discounting these bills or by issuing other bills in exchange and took as security the bills of lading and other documents relating to the goods and .....

Attorney-general of Canada and Another Vs. Attorney-general of the Pro ...

Court : Privy Council

..... in favour of the appellants had he not felt himself constrained by the reasoning of the supreme court of canada in [provincial treasurer of manitoba v. minister of finance for canada] (1943) 1943 scr 370 to hold otherwise. that case decided that certain trust money in the hands of a trustee which had not been and ..... one field. if however the matter dealt with comes within any of the classes of subjects enumerated in s. 91 it is under the terms of that section not to be deemed to come within the classes of subjects assigned exclusively to the legislatures of the provinces even though the classes of subjects looked at singly ..... [8] if the true subject-matter of the quebec statute is "banking" it is ultra vires of the provincial legislature: if its provisions conflict with the federal act, the federal act must prevail. an answer therefore to either question in favour of the dominion is sufficient to invalidate its provisions. [9] their lordships propose accordingly to consider the earlier .....

Vyricherla Narayana Gajapatiraju Vs. Revenue Divisional Officer, Vizag ...

Court : Privy Council

..... not merely at 750. a case in many respects similar to clay's case2is that in (1915) sc 4491 (cited supra). that also was a case arising under the finance (1909-1910) act, 1910, and was one where land of an agricultural value of 3379 had been sold in 1911 to certain water commissioners for 5000, they being the only possible purchasers ..... to be treated as being a negligible one merely because the harbour authority was the only possible purchaser. it remains to deal with s. 24 (5), land acquisition act. that sub-section as applied to the present case means no more than this: that in valuing the appellant's land on 13th february 1928, it must be valued as it then ..... the water on it used for ridding the harbour area of malaria. the harbour authority would otherwise be made to pay for the water twice over. but the sub-section does not mean that the possibility that a particular purchaser of land will give a higher price for it by reason of its possessing a special adaptability must be disregarded .....

Firm Kishore Chand Shiva Charan Lal Through Raghunath Prasad Tandon an ...

Court : Allahabad

Reported in : AIR1944All66

..... also within the period fixed in that behalf by his license, or any longer period which the provincial government may substitute therefor by order under section 4, sub-section (3), clause (b), electricity act, 1910, and before exercising any of the powers conferred on him in relation to the execution of works, deposit or secure to the satisfaction ..... in its development. the legislature must have been aware that for many years to come the local authorities in this country would not be in a position to finance or run electrical undertakings. even now there are very few municipalities in this country who can or do manage these undertakings. the presumption, therefore, is the other ..... any position to supply electrical energy. after the revocation of the license the company continued in the hope that its license would be renewed. to improve its finances on 17th november 1932 it arranged a loan of two lacs from the plaintiffs which is a joint hindu family firm owned by three brothers. under this .....

Commissioner of Income Tax Vs. Chengalvaroya Mudaliar

Court : Chennai

Reported in : AIR1934Mad617

..... out to be very advantageous to the purchaser. these coal contracts were valued at 30,000. the appellant claimed, in arriving at the amount of the profits duty under the finance act 1915, to deduct this 30,000 as representing part of the purchase price of the stock-in-trade. viscount haldane and lord summer held that the deduction was not permissible .....

Wales Vs. Tilley.

Court : Kolkata

Reported in : [1943]11ITR1(Cal)

..... that i cannot accept. i would dismiss the appeal.mackinnon, l.j. - lawrence, j., has held that the appellant is liable to pay income-tax under schedule e of the finance act, 1918, upon the pounds 20,000 paid to him by the company on april 6, 1938, and upon the pounds 20,000 so paid on april 6, 1939. in other .....

Commissioner of Income Tax Vs. U. Chengalvaroya Mudaliar

Court : Chennai

Reported in : 152Ind.Cas.48

..... purchaser. these coal contracts were valued at 30,000. the appellant claimed in arriving at the amount of the profits of the business chargeable to excess profits duty under the finance act, 1915, to deduct this 30,000 as representing part of the purchase price of the stock in trade. viscount haldane and lord sumner held that the deduction was not permissible .....

Laycock Vs. Freeman, Hardy and Willis, Ltd.

Court : Kolkata

Reported in : [1939]7ITR237(Cal)

..... , by a change in the members of a partnership, or the dissolution of a partnership, or whether it was a change by the purchase of a business.by the finance act, 1928, section 32, that comprehensive rule was divided into two paragraphs, and was amended in order to bring it into line with the changes introduced in 1926 with regard to the measure ..... upon some basis to be fixed by reference to some evidence as to what a wholesalers profit would be. i know of no such principle permissible under the income-tax acts, save in one case to which mr. latter has referred us. i need not do more than give the reference to it. it is the all schedules rules, r. 12 .....