Judgment Search Results Home > Cases Phrase: finance act 2007 section 94 amendment of section 2 Court: privy council Page 19 of about 511 results (0.029 seconds)

The Official Assignee of Madras Vs. the Mercantile Bank of India Ltd.

Court : Mumbai

Reported in : (1935)37BOMLR130

..... have turned on the meaning of the word 'possession,' and on such distinctions as that between mere custody and juridical possession. an examination of sections 103 and 108 of the act seems rather to strengthen than to weaken the construction which the respondents contend for, and which appears to their lordships to be right.14. the ..... which, in the case of each advance, was completed by the insolvents. the finding of the trial judge on this point is that 'in order to finance the transaction the insolvents took the railway receipts to the bank with promissory notes and letters of hypothecation.' the letter of hypothecation was in terms an acknowledgment by ..... the x warehouse, was leased to the insolvents, but there was on it a signboard bearing the name of the respondents. for many years the respondents had financed the consignments of nuts purchased and consigned by the insolvents; their method was to grant loans against particular consignments. the general course of business was for the .....

K. P. G. B. U. G. M. S. S. A. Mohamad Abdul Kareem and Co. Vs. Commiss ...

Court : Chennai

Reported in : [1948]16ITR412(Mad)

..... so as to limit the meaning of general words to the las of the particular words preceding. here, there are three associations of individuals referred to in section 3 of the act - a hindu undivided family, a company and a firm; and these three associations of individuals are marked by widely different characteristics. a hindu undivided family is ..... of unlawful means for achieving the income. the only test to be applied as indicated in the case of the minister of finance cited above is whether the income falls within the purview of the charging section. that was also a case of illicit traffic in liquor and, as already stated, it was held, relying upon the dictum ..... in the circumstances be illegal. i respectfully adopt the dictum of lord haldane, in delivering the judgment of the privy council in the case of canadian minister of finance v. smith, that once the character of a business has been ascertained as being of trade, the persons who carries it on cannot found upon elements of illegality .....

Wilsons and Clyde Coal Co. Vs. Scottish Insurance Corporation

Court : House of Lords

..... holders take proceedings to enforce their security, on the ground that by exercising jurisdiction it might prejudice the inchoate rights of some person under section 25 of the coal act. i cannot think it right to accede to a suggestion which would involve so much delay and inconvenience to companies which wish to rearrange ..... is "fair and equitable." it is this discretion, vested in the court, which properly safeguards the interests of a dissenting minoritysee british and american trustee and finance corporation v. couper . the words "fair and equitable" are not used with any technical meaning, but "in the ordinary sense of those words"per lord macnaghten ..... the further duty of satisfying itself that the scheme is fair and equitable between the different classes of shareholderssee, e.g., british and american trustee and finance corporation v. couper . but what is fair and equitable must depend upon the circumstances of each case, and i propose, ignoring for the moment the particular .....

Official Assignee, Madras Vs. Mercantile Bank of India, Ltd.

Court : Privy Council

..... a pledge of the goods as distinct from the documents. the questions must be separately considered; both depend on the words of the section read in connexion with the rest of the act. but the arguments advanced on behalf of the appellant have sought to treat the matter as concluded by the history and present state of ..... , which, in the case of each advance, was completed by the insolvents. the finding of the trial judge on this point is that "in order to finance the transaction the insolvents took the railway receipts to the bank with promissory notes and letters of hypothecation." the letter of hypothecation was in terms an acknowledgment by ..... as the x warehouse, was leased to the insolvents, but there was on it a signboard bearing the name of the respondents. for many years the respondents had financed the consignments of nuts purchased and consigned by the insolvents; their method was to grant loans against particular consignments. the general course of business was for the insolvents .....

Emperor Vs. Ramchandra Rango Sawkar

Court : Mumbai

Reported in : AIR1939Bom129; (1939)41BOMLR98

..... consumers were tried together for having committed theft of the electrical energy at different premises belonging to the respective consumers under section 120b of the indian penal code read with section 39 of the indian electricity act, and also section 379 of the indian penal code. although upon the evidence it was held that the charge of conspiracy was not ..... a group to help themselves, their friends and relatives freely with the bank's money and to utilise the resources of the bank for the promoting and financing their private enterprises to the advantage of themselves and to the detriment of the vital interests of the bank.48. the charge also begins in this way: ..... year 1922-23 'to help themselves, their friends and relatives freely with the bank's money and to utilise the resources of the bank for the promoting and financing their private enterprises to the advantage of themselves and to the detriment of the vital interests of the bank,' that till 1932 they took loans for themselves and .....

Mohanlal Kashinath Vs. Krishna Premji and Co.

Court : Mumbai

Reported in : AIR1928Bom170; (1928)30BOMLR415

..... , and the seller only received his unpaid vendor's lien. that view seems to we inconsistent with section 10 of the sale of goods act, 1893, and with every business probability.16. in the present case the mode of business was that the transaction was financed from london and the bill of lading was sent forward to the plaintiffs in bombay, and made ..... the present case the goods were shipped at new york on behalf of the plaintiffs, and the bill of lading was taken to the order of the banking firm which financed the transaction for the plaintiffs. on arrival of the ship the plaintiffs had to take up the bill of lading from the bankers, and, as the defendants would not take .....

In Re: T.S. Swaminathan and anr.

Court : Chennai

Reported in : AIR1945Mad284; (1945)1MLJ449

..... had been examined by the district superintendent of police, to go back on their evidence is the enquiry by mr. stewart' and he alleges that he had to finance this expenditure because the first appellant was unwilling to create evidence against himself by drawing on his own banking account. the result of this was that the second appellant ..... 's leave at the end of 1940, and says that he was in charge of the first appellant's incidental expenditure during his absence and that in order to finance his expenditure he utilised a sum of rs. 200 collected in criminal appeal no. 32 of 1940, and that the first appellant never reimbursed the money though requested ..... has been accorded by his excellency the governor ' exercising his individual judgment,' as laid down in section 197 of the code of criminal procedure as amended in the light of the provisions of sections 52 and 271(2) of the government of india act. the argument is that although the genuineness of the sanction order may have been proved by .....

K.P.G.B.U.G.M.S.S.A. Mohamad Abdul Kareem and Co. and anr. Vs. the Com ...

Court : Chennai

Reported in : (1948)2MLJ528

..... so as to limit the meaning of general words to the last of the particular words preceding. here, there are three associations of individuals referred to in section 3 of the act,--a hindu undivided family, a company and a firm; and those three associations of individuals are marked by widely different characteristics. a hindu undivided family is an ..... employment of unlawful means for achieving the income. the only test to be applied as indicated in the case of the ministry of finance cited above is whether the income falls within the purview of the charging section. that was also a case of illicit traffic in liquor and, as already stated, it was held, relying upon the dictum ..... may in the circumstances be illegal. i respectfully adopt the dictum of lord haldane, in delivering the judgment of the privy council in the case of canadian minister of finance v. smith (1927) a.c. 193, that once the character of a business has been ascertained as being of the nature of trade, the person who carries .....

Bejoy Kumar Bhattacharjee and anr. Vs. (Firm) Satish Chandra Nandi, Jn ...

Court : Kolkata

Reported in : AIR1936Cal382,166Ind.Cas.900

..... appellants are to blame in this matter and to some extent. it is true that the plea of limitation can be urged at any stage having regard to section 3, limitation act, but when a party does take the appropriate defence but does not put before the court materials to sustain that defence it becomes difficult for the court sitting ..... open and mutual accounts has been discussed in a very elaborate judgment of sir george rankin c. j., (as he then was) in the case of the tea financing syndicate ltd. v. chandra kamal bez barua 1931 cal 359. after an exhaustive review of the authorities sir george rankin summarizes his conclusion as follows:there can i think ..... regard to the circumstance that the subordinate judge seems from his very brief finding on limitation to have applied a wrong article of the schedules to the indian limitation act to the present case we are of opinion that that circumstance really bears on the question of costs. the defendants had fair reasons for preferring this appeal. in .....

Briton Ferry Steel Co. Vs. Barry (inspector of Taxes).

Court : Kolkata

Reported in : [1941]9ITR122(Cal)

..... the view that the profits of the appellants for the two years in question fell to be dealt with the accordance with the provisions of sub-section (1) of section 32 of the finance act of 1936. that section substitutes the rule there set out in the place of rule 11 of the rules applicable to cases i and ii of schedule d. sub- ..... 1935, and april 5, 1936, on the footing (a) that it had succeeded to a trade carried on by each subsidiary until april, 1934, within the meaning of the finance act, 1926, section 32(2), or (b) that the appellant company had then set up a new trade, so that there should be included in its assessable profits the actual profits derived from ..... does not have the result of taxing profits which have never in fact been realised. the problem, therefore, is to arrive at the taxpayers profit in accordance with the section, and anything in the shape of a notional sale must be rejected if that would involve ascribing to the taxpayer a profit which he has never earned. if a notional .....