Judgment Search Results Home > Cases Phrase: finance act 2007 section 12 amendment of section 35 Sorted by: recent Court: privy council Page 11 of about 1,485 results (2.907 seconds)

Pt. Lalmani Pande Vs. Lala Gopal Sah and anr.

Court : Allahabad

Reported in : AIR1945All221

..... and that he was not liable in respect of the money raised on bills to which he was no party. it was contended on the basis of section 251, contract act, which corresponds with section 22, partnership act, that the claim as against karim, to the extent of the liability of rashid, ought to fail. but their lordships held him liable for the ..... third partner who did not execute the note was liable.the learned judge has distinctly held thathe had no doubt whatever that the whole of the money was intended to finance the business.12. he has held that the business was a joint family business and even if we rule out of consideration the joint family character of the business, ..... not excluded : vide mohammad akbar khan v. attar singh ('36) 23 a.i.r. 1936 p.c. 171.to quote their lordships:before evidence is excluded under sections 91 and 92, evidence act, it must be proved that the document in question records or purports to record all the terms of the contract between the parties.the point has been made .....

Jiwan Das and anr. Vs. Sahu Sarju Prasad and ors.

Court : Allahabad

Reported in : AIR1945All299

..... , that in england a right of sale by the court is expressly conferred on a pledgee whereas in india it is not. it is moreover pointed out that section 176, contract act, expressly confers upon a pawnee certain specific right of sale out of court, from which circumstance it is argued that a right to have a sale by the ..... amount shall be realized in the manner permitted by law.6. the first, and only troublesome point that has been taken in the appeal is that, under section 17, presidency-towns insolvency act, the plaintiff required the leave of the insolvency court to bring this suit and that, since he did not obtain it (as admittedly he did not) it ..... of which they became, or were about to become, liable to take delivery. in those circumstances they approached the plaintiff with a view to obtaining from the plaintiff the finance wherewith to meet their obligations on these con. tracts of purchase as they fell due, and on 9th april 1937 an agreement was reached between the plaintiff and the .....

Jethalal Nanshah Modi Vs. Bachu

Court : Mumbai

Reported in : AIR1945Bom481; (1945)47BOMLR460

..... refuse to order specific performance in their discretion and we think that this is a preeminently fit case for such refusal. the first instance cited in section 22 of the specific relief act where the court may properly exercise a discretion not to decree specific performance is where the circumstances under which the contract is made are such as to ..... of his decree, but defendant no. 1 did not keep that promise. the plaintiff is the son of defendant no. l's mother's sister and admits to have financed the litigation between him and defendant no. 2's father. the latter succeeded in obtaining a decree against defendant no. 1, and within five days after it was confirmed ..... to pass a sale-deed as agreed upon. but the claim for a decree for specific performance of a contract is not a matter of right. section 22 of the specific relief act, 1877, provides that the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful .....

Mahadeo Gopal Pendse Vs. Hari Waman Bhate

Court : Mumbai

Reported in : AIR1945Bom336; (1945)47BOMLR350

..... court-fees have to be paid for the two reliefs. the claim for a mere partition falls under sch. ii, article 17(vii), of the court-fees act, as amended by the bombay finance act ii of 1932, and the plaintiffs must pay a court-fee of rs. 15 for that relief and an additional appropriate court-fee for the claim to ..... bai [1938] nag. 106 and shmilendranath kundu v. surendranath sircar i.l.r (1934) cal. 417) and we agree with it and hold that this application is maintainable under section 115 of the civil procedure code.2. it is urged by mr. dharap on behalf of the petitioners that in this suit the petitioners do not seek any relief in respect of ..... . 2, yeshwant. it is against that order that the petitioners have now come in revision, and a preliminary objection is urged that such an application is. not maintainable under section 115 of the civil procedure code. but the view taken by this court in certain unreported cases is that an order that the court-fees paid by the plaintiff on his plaint .....

Bai Lilavanti Vs. Vadilal Purshottamdas

Court : Mumbai

Reported in : AIR1945Bom474; (1945)47BOMLR386

..... section 8 of the suits valuation act, 1887, the same is the valuation for purposes of jurisdiction also.2. mr. shah for the petitioners, however, points out that the suit is really one for setting aside two decrees, and such a suit is now governed by article 17, clause (v), of the court-fees act as amended by the bombay finance act (bom. act ..... obvious that the suit is one for setting aside the decrees passed against the plaintiff. the appropriate provision in the court-fees act for such a suit is article 17(v) of the second schedule as amended by the bombay finance act (ii of 1932). the plaintiff must, therefore, state whether the value of the subject-matter is rs. 500 or more ..... jurisdiction the claim has to be valued at rs. 5,366-4-6. in kisandas bankatlal v. ragho (1943) 46 bom. l.r. 663 the question whether section 8 of the suits valuation act is applicable to such a suit was considered by mr. justice sen, and he held that although article 17 of the second schedule of the court-fees .....

Commissioner of Income-tax Vs. K.M. Madan

Court : Mumbai

Reported in : AIR1945Bom431; (1945)47BOMLR281

..... by the tribunal in its judgment, that the taxing authorities under the circumstances were not entitled to gross up this income at all, because under section 16(2) of the act before its amendment in 1939 no income-tax was payable by the company in respect of the dividend received by the shareholders. it makes no ..... section 10, the company was not liable to pay any tax although it was assessed, that is, its income was computed for the purpose of taxation. although the company thus did not pay any tax, it deducted out of the dividend which it paid to the preference shareholders an amount calculated at the maximum rate of tax permitted under the finance acts ..... income which has accrued and not only on income which has actually been received by him.13. sub-section 4(1) provides:save as hereinafter provided, this act shall apply to all income, profits or gains, as described or comprised in section 6, from whatever source derived, accruing, or arising, or received in british india, or deemed .....

Shapurji Pallonji Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : AIR1945Bom238; (1945)47BOMLR174

..... a sort of estoppel in favour of the individual partners . while both firm and individuals are liable to the tax by the plain wording of the finance act, the clause [clause (b) of section 14(2)] exempts the individual from payment in respect of certain profits as soon as those profits are in the hands of the firm assessed, but ..... merely a name-lender and that that four annas share belonged to the applicant'6. on march 20, 1940, the income-tax officer issued a notice under section 34 of the act, which section provides:if for any reason income, profits or gains chargeable to income-tax has escaped assessment in any year, or has been assessed at too low a ..... investigation by the income-tax officer with the object of seeing whether any income of the taxpayer has escaped assessment; nor has our attention been drawn to any other section of the act which expressly so says.8. we have been referred to two cases, to which some reference must be made. the first case comes from sind : kirpaldas motandas .....

Shapurji Pallonji Vs. Commissioner of Income-tax, Bombay.

Court : Mumbai

Reported in : [1945]13ITR113(Bom)

..... as a sort of estoppel in favour of the individual partners.... while both firm and individuals are liable to the tax by the plain wording of the finance act, the clause [clause (b) of section 14 (2)] exempts the individual from payment in respect of certain profits as soon as those profits are in the hands of the firm assessed, ..... was merely a name-lender and that that four annas share belonged to the applicant.on march 20, 1940, the income-tax officer issued a notice under section 34 of the act, which section provides :-'if for any reason income, profits or gains chargeable to income-tax has escaped assessment in any year or has been assessed at too low ..... by the income-tax officer with the object of seeing whether any income of the taxpayer has escaped assessment; nor has out attention been drawn to any other section of the act which expressly so says.we have been referred to two cases, to which some reference must be made. the first case comes from sind : kirpaldas motandas v .....

Chichester Diocesan Fund and Board of Finance (incorporated) Vs. Simps ...

Court : House of Lords

..... a distribution of the testator's large estate among a number of institutions, one of which was the appellant, the chichester diocesan fund and board of finance (incorporated). after the estate had been distributed the validity of the residuary bequest and the propriety of the distribution were challenged by certain persons who claimed ..... drawn from it, is still even now, it seems, taken as authoritative. the preamble will be found conveniently set out in section 13 (2) of the mortmain and charitable uses act, 1888, which after reciting that in divers enactments and documents reference is made to charities within the meaning purview and interpretation of the ..... charities should be construed as references to charities within the meaning purview and interpretation of the said preamble. in other respects the act of 1888 repealed the act of elizabeth. that act had provided a special proceeding under the chancellor for the reform of deceits and breaches of trust, touching land given to charitable .....

Ps. Ar. Ar. Arunachalam Chettiar by Agent Sivaraman Chettiar Vs. Palan ...

Court : Chennai

Reported in : AIR1944Mad455

..... against the decree-holder on all the points raised by him. this appeal is from the judgment of the learned judge under clause 15, letters patent.2. section 20 of the act states that the court executing a decree shall, on application, stay the proceedings until the court which passed the decree has passed orders on an application made or ..... is a party on the record is largely a question of form, for, in all probability when the application is made by the debtor, the official receiver will be financing the application and ready to come on record if desired. as no objection was taken for the non-joinder of the official receiver in the trial court, it is ..... 60 days of the order of ad interim stay and that the application was not maintainable because the official receiver had not been made a party to the proceedings under section 19. it appears that the respondent had been adjudicated an insolvent before the institution of the mortgage suit. the decree-holder also attacked the order on the merits. .....