Court : Mumbai
Reported in : (1994)96BOMLR846
..... writing.5. the transferee has taken the possession or is already in possession of the property in part performance of the contract, and6. he has done some act in furtherance of the contract.see: shri shrauan v. garbad : air1943bom406 , nathulal v. fulchand : [1970]2scr854 .if the above requirements are satisfied, ..... virajman mandir : [1978]2scr249 and punjab national bank and ors. v. surendra prasad sinha : 1992crilj2916 .9. section 53a of the transfer of property act whose interpretation is in issue is reproduced below for ready reference:section 53a.where any person contracts to transfer for consideration any immovable property by writing signed ..... in that regard. see for instance:a. thangal kunju masaliar v. venkatachalam potti : [1956]29itr349(sc) p. 256, cit m. p. v. sodra devi : [1957]32itr615(sc) , express newspapers put. ltd. v. union of india : (1961)illj339sc ,madanlal fakirchand dudhediya v. s. changdeo sugar mills ltd. : air1962sc1543 , union of india v. harbhajan singh dhillon .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(1)BomCR502; II(1994)DMC25
..... the appellant-wife smt. rashmi jain, refused to grant permanent alimony to her. permanent alimony can be granted only when the wife has no sufficient independent source of income.in this case, it has been amply proved that the respondent-husband tried his level best to bring back the appellant-wife for leading a peaceful marital life. ..... aspect has also been observed by the lordship of the mysore high court in a case of krishna shetty and others v. xavier misquith, a.i.r. 1961 gua 242, as under:'though it is seldom possible or necessary for a lower appellate court to write its judgment in a mechanical way, setting out one underneath ..... , question arises what were the issues or points for determination before the lower appellate court.the respondent-husband had instituted the proceedings under section9 of the act. section 9 of the act reads as under :'when either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR564
..... . the learned advocate general referred to the case of c.a. abraham v. income tax officer, reported in : [1961]41itr425(sc) wherein the supreme court has held that the income tax act provides a complete machinery for assessment of tax and imposition of penalty. he submitted that this shows that the concept of tax and penalty are two different concepts.54. he also relied upon the authority of ..... view of the dishonest and contumacious conduct of the assessee. the supreme court, in cit v. bhikaji dadabhai & co. : [1961]42itr123(sc) in the context of hyderabad income tax act which ceased to have effect from 1st april, 1950, reiterated the position and held that the levy, assessment and collection of income tax would comprehend the levy of penalty also. again, in jain brothers v. union of .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)IIILLJ570Bom
..... studios v. the workers in pakshiraja studios, : (1961)iillj380sc . 9. the first and foremost question which requires consideration is, whether an application under section 33-c(2) of the act of 1947 is maintainable seeking payment of minimum bonus under the payment of bonus act. admittedly, the petitioners are only seeking minimum payment ..... invited from, the employment exchange. he categorically admitted that there was no separate budget for carpet weaving training centre. he also admitted that expenses and income etc. of all the products of the respondent corporation were reflected in balance sheet of the respondent corporation and that was going on since 1978 till ..... corporation and the carpet weaving training centre were fully amalgamated and as a matter of fact, the balance sheet of the respondent corporation reflected the income and expenditure of this project also. it would he pertinent to note here that exhibit 69 which, according to the witness of the respondent corporation .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(3)BomCR686; [1998]92CompCas402(Bom); 1995(2)MhLj644
..... contended that the award is not enforceable in india inasmuch as it is against the public policy of india because it involves violation of chapter xxc of the income-tax act, 1961, when it provides for transfer of a flat situated in the building urvashi in a co-operative housing society from respondents nos. 1 and 2 to petitioners ..... different countries, i.e., one india and the other u.s.a. (iii) the award is not enforceable as it involves violation of chapter xxc of the income-tax act, 1961. the flat in urvashi building is worth millions of rupees and hence enforcement of the award without the necessary no objection certificate is against public policy. (iv) ..... subject to two different national jurisdictions. 21. thirdly, it is contended that the award is not enforceable as it involves violations of chapter xxc of the income-tax act, 1961. the flat in urvashi building is worth millions of rupees, hence enforcement of the award is against public policy as the no-objection certificate is not obtained .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(4)BomCR28
..... attach weightage to the fact that the charity commissioner had granted his sanction while passing the necessary order under chapter xxc of the income-tax act, 1961. it was observed in the judgment cited above that the charity commissioner is required to accord his sanction to the transaction bearing in mind, the interest, ..... agreement of sale could be entered into only after the sanction was granted by the charity commissioner. it was held that section 269-u-c of the income-tax act, 1961 came into operation only after the approval was granted by the charity commissioner for such sale. it was held that the appropriate authority is bound to ..... dated 17th february, 1994, the respondent no. 2 had filed the necessary 37-i form with the appropriate authority as contemplated under chapter xx-c of the income-tax act, 1961. the said form was filed by respondent no. 2 much before the earlier sanction dated 17th february, 1994 was set aside by this court and the .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)BomCR87
..... he submitted that at no stage, the central government recognised these concessions or grants. he fairly stated that by virtue of the ordinance 2 of 1962 and act 1 of 1961, the existing law continued to apply. he submitted that merely because the existing law continued to apply did not mean that all rights of all private citizens were ..... penal in nature. in this case, the supreme court held that the concerned legislation, in so far as it seeks to recover amounts far in excess of the income, had the effect that the person may not be in a position to pay. the supreme court held that legal consequences of making a default in the payment of ..... they became subject to our laws and became liable to pay our taxes. mr. andhyarujina submitted that section 22 has integral relationship with the rest of the said impugned act. he submitted that as the act is made retrospective all the incidences would flow as if the act was applied from 1961.91. in support of this last submission, mr. andhyarujina relied .....
Tag this Judgment!Court : Mumbai
Reported in : (1998)61TTJ(Mumbai)197
..... deputy commissioner and that the same shall be approved by the commissioner. section 158bh clarifies that save as otherwise provided in this chapter, all other provisions of the income tax act shall apply to an assessment made under the chapter. 7. in our opinion, there is no prohibition against the losses of some of the previous year comprised ..... and merely because the first few months of the previous year show a positive income and the rest of the period shows a negative income, the result of the later period cannot be ignored. the income-tax law does not permit this. in cit v. national syndicate : [1961]41itr225(sc) , the supreme court held that 'if the profits or gains ..... of a business for a particular year are to be taxed they must be computed for the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1998)65ITD501(Mum.)
..... search cases", where search action has been initiated after 30-6-1995. section 158ba(1) provides that notwithstanding anything contained in any other provisions of the income-tax act, in the case of an assessee in whose case action for search has been taken after 30-6-1995, then the assessing officer "shall proceed to assess the ..... reckoned and merely because the first few months of the previous year show a positive income and the rest of the period shows a negative income, the result of the later period cannot be ignored. the income-tax law does not permit this. in cit v. national syndicate (1961) 41 itr 225, the supreme court held that "if the profits or gains ..... of a business for a particular year are to be taxed they must be computed for the .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR689; 1998(3)BomCR70; (1998)1BOMLR279; 1998(2)MhLj147
..... obtained a certificate of execution under section 59(1)(b) of the bombay co-operative societies act, 1925 (hereinafter referred to the old act for short). consequently on 15-7-1961, the collector, jalgaon issued certificate of transfer under section 59-a(1) of the old act in respect of agricultural land belonging to the petitioners and admeasuring 11 acres, 18 gunthas in ..... debt and the said property was not lawfully transferred to respondent no. 2 and the bank was bound to render accounts to the present petitioners in respect of the income and also to restore the land to them if the debt was satisfied. the learned judge further held that the claim having been filed within 12 years was not ..... under sub-rule (5) shall use its best endeavours to lease it or to make any other use that can be made of it so as to derivethe largest possible income from the property and sub-rule (15) of the said rule states that when the society to which property is transferred under sub-rule (5) has realised all .....
Tag this Judgment!