Judgment Search Results Home > Cases Phrase: finance act 2007 section 94 amendment of section 2 Sorted by: recent Court: privy council Page 6 of about 511 results (0.030 seconds)

Gokulchand Dwarkadas Morarka Vs. the King

Court : Mumbai

Reported in : (1948)50BOMLR399

..... their lordships see no justification for drawing inferences in favour of the prosecution upon matters on which they withheld evidence under their control. under section 114 of the indian evidence act, ill. (g), the normal presumption is that evidence which could be and is not produced would, if produced, be unfavourable to the ..... in the following terms:sanction to prosecute.(signed) h.n.g.cotton cloth and yarn (control)order, 1943.contravention of the provisions.prosecutions for-government of bombay.finance department (supply).resolution no. 518.bombay castle, 5th january 1945.endorsement from the district magistrate, sholapur, no. xix/4500, dated the 8th november 1944.resolution ..... not relate to an offence essentially different, from that to which the sanction relates.11. their lordships were referred to certain decisions upon the group of sections in the code of criminal procedure, 195 to 199, relating to sanctions. these cases do not appear to lay down any principle inconsistent with the .....

W. Jayaraghavan Vs. the Leo Films

Court : Chennai

Reported in : AIR1948Mad442; (1948)1MLJ209

..... is now convenient. it is not suggested that the law in england is different to that in india. it is to be observed, however, that, by section 73 of the contract act, in india, in the absence of proof of damage, nominal damages are not recoverable but that proof of damage is necessary to enable recoverability. it is ..... a very lethargic manner; whilst the appellant's money might have assisted the respondent to some extent, it could have done nothing more, but large amounts of other finance would have been needed.7. the sole matter which arises, as pointed out above, is the question of the amount of damages. the appellant suggests that the learned ..... 16th june and 16th july. in july, the respondent entered into a very satisfactory arrangement and contract with one s. venkatararman chettiar, who subsequently provided all the finance which was needed in con-sideration of which he was given the exploitation rights in a large part, if not throughout the whole of the presidency of madras and .....

S. Subba Rao Vs. Mangavalli Venkataseshacharlu and anr.

Court : Chennai

Reported in : (1948)2MLJ128

..... as the purchase by subba rao was during the pendency of the mortgage suit, though the transfer was not a voluntary transfer, the principle of section 52 of the transfer of property act applies and this position has been established in this court and is not challenged before me. in a case parallel to the present case, the ..... properties mortgaged was sold. on 12th july, 1937, muneyya executed a mortgage in favour of one seshacharlu for a sum of rs. 600 borrowed by him for financing a litigation. this mortgage was created against a house belonging to ambakka and sold by her to muneyya under the aforesaid sale deed but not comprised in the mortgage ..... execution of their decree and obtained symbolical possession from the judgment-debtors. they then applied for actual possession against the appellant who resisted the application on the ground that section 47 of the code had no application and that the remedy of the mortgagee-decree-holder-purchasers, if any, was by way of a separate suit. it .....

In Re: Vadilal Laldas Patel

Court : Chennai

Reported in : (1947)2MLJ563

..... the appointment of a provisional liquidator will be proper. counsel for the petitioner has referred me to the following observations of lord romilly, m.r., in in re the railway finance co. 14 l. t. 507 that learned judge observed:i do not appoint a provisional liquidator unless it appears that the company cannot go on.' and in in re ..... of mr. price's remuneration will be left over for the present. his appointment as provisional liquidator will take effect forthwith, and he will have the powers given under section 179 of the act except those given in sub-clauses (c) and (g). the costs of this application will be costs in the main petition. ..... the official receiver. accordingly; i appoint mr. price as provisional liquidator of the company to take charge of the assets of the company at rajahmundry. he will of course act in close co-operation with the trustees of the debenture-holders who are already in possession of the building, machinery and plant. counsel for the trustees states that his .....

Pasumarti Satyanarayana Rao and anr. Vs. the Official Receiver of West ...

Court : Chennai

Reported in : (1947)2MLJ425

..... insolvent, for review of an order which had been made by the district judge on the 18th november, 1944, whereby he annulled the insolvency under section 43 of the provincial insolvency act. the insolvent was one chakka rangayya who was adjudged an insolvent on his own petition on the 17th november, 1927, in i.p. no. ..... a doubt whether that decree created a charge and there was litigation for the purpose of enforcing the charge, if any. the two appellants and certain other creditors financed that litigation and advanced about rs. 2,000. the litigation was, however, unsuccessful and it was ultimately established that there was no charge in respect of the ..... venugopalachariar v. chinnalal sowcar : air1926mad942 in support of his, argument. in that case there was an application under order 9 of the civil procedure code read with section 5 of the provincial insolvency act for setting aside an order of annulment which had been passed in the absence of the insolvent. it was pointed out that under .....

The Commissioner of Income-tax Vs. V.V.R.N.M. Subbiah Chettiar

Court : Chennai

Reported in : (1947)2MLJ474

..... ) a.c. 455. 16. the same test was also applied by statute to partnerships carrying on trade or business (finance act, 1914, section 10 ; rule 12 of the rules applicable to cases i and iii of schedule d, income-tax act, 1918). later, it was held that 'the central management and control of a company may be divided and it may ..... was made to several decisions of the english courts. they mainly appertain to the meaning and effect of english statutes. there is no provision in an english act which exactly corresponds to section 4-a (b) ; when the construction of an indian statute is sought, help is seldom obtained from decisions in england upon statutes which are worded ..... differently, some decisions of this court were also cited which were given before the new section was incorporated in the income-tax act, and, in my view, for the present consideration, they are not of any assistance and reference to them is not required.6. three .....

Commissioner of Income-tax, Madras Vs. V. V. R. N. M. Subbiah Chettiar ...

Court : Chennai

Reported in : [1947]15ITR502(Mad)

..... mines ltd. v. howe. the same test was also applied by statue to partnership carrying on trade or business (finance act, 1914, section 10; rule 12 of the rules applicable to cases i and iii of schedule d. income tax act, 1918). later, it was held that 'the central management and control of a company may be divided, and it ..... was made to several decisions of the english courts. they mainly appertain to the meaning and effect of english statutes. there is no provision in an english act which exactly corresponds to section 4a (b); when the decisions in england upon statute is sought, held is seldom obtained from decisions in england upon statutes which are worded differently. ..... , madras. the question raised is :-'whether in the circumstances of the case the assessee (a hindu undivided family) is resident in british india under section 4a (b) of the income-tax act ?'the assessment was made upon the karta of a joint hindu family in respect of its income as a such. since 1923 the karta has lived .....

Attorney - General of Alberta Vs. Attorney - General of Canada and Ano ...

Court : Privy Council

..... of a individual other than a credit institution, a fine not exceeding $1000, or one year's imprisonment, or both. 15. the final section of the act runs as follows: "28. this act shall come into force on a day fixed for that purpose by proclamation of the lieutenant - governor in council, but no such proclamation shall ..... issue credit deposits "in such amounts as may from time to time be required as a reserve for providing an adequate volume of credit deposits to finance the production and distribution of goods and services within the province and for maintaining a balance between the aggregate purchasing power of the people of the province ..... certificates so issued shall be debited to the consolidated credit adjustment fund." their lordships call attention to the phrase, "licensed credit institutions" in this sub - section as clearly indicating that the enactment purports to confer on a provincial authority power either to grant or to withhold the issue of credit certificates to any chartered .....

FranklIn and Others Vs. the Minister of Town and Country Planning

Court : House of Lords

..... the request of the minister of town and country planning, the necessary land may be acquired for the county council under section 35 of the town and country planning act, 1932, the exchequer providing the necessary finance. we recommend that there shall be an arrangement between the county council and a government sponsored corporation established by royal charter ..... and determined during the stage of development of the new town, which comes after the making of the order, when the development corporation is established under section 2 of the act. the appellants admit that, if the respondent did so decide, his decision is not open to challenge by them. it may further be observed that, ..... is important to note that the development of the site, after the order is made, is primarily the duty of the development corporation established under section 2 of the act. i am of opinion that no judicial duty is laid on the respondent in discharge of these statutory duties, and that the only question is .....

Trustees Of Sir Howell Jones Williams' Trust Vs. Commissioners Of Inla ...

Court : House of Lords

..... williams, therein called the settlor, of the other part, certain properties were vested in the trustees for charitable purposes within the meaning of section 37 (1) (a) of the income tax act, 1918, and whether the rents of those properties were in the years 1940-41 and 1941-42 applied by them to charitable purposes only ..... and he and his co-trustees knew that any donation which they made would be paid into the headquarters account, from which the activities of the institute were financed. this was one of two accounts, the other being the general account. on the head-quarters account there was a debit balance. on the general account ..... particular territorial area; and (c) because the maintenance of the institute (the expressed method of effectuating the purpose aforesaid) is itself a purpose beneficial to a section of the british community which is determined by reference to impersonal qualifications (namely persons with welsh connections who are resident in or near or visiting london) and is .....