Court : Karnataka
..... kesoram industries and cotton mills ltd. v. commissioner of wealth tax, (central) calcutta [air1966sc1370: (1966) 2 scr688 704 : (1966) 59 itr767 that the income tax act is a permanent act while the finance acts are passed every year and their primary purpose is to prescribe the rates at which the income tax will be charged under the income tax act. but that does not mean that a new and distinct charge ..... the purpose and concept of the 53 additional surcharge is different from the income tax and that 26 . thus, additional surcharge is a distinct charge not dependent for its leviability on the assessees liability to pay income tax or super tax. the apex court has also observed that the income tax act and annual finance acts are enacted by the parliament in exercise of the power conferred by article .....
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..... aforesaid clause further records the representation of the respondent that it has not at any time been investigated or been suspected in any jurisdiction in any corrupt act or similar act. under clause 20b, the respondent agreed that it would immediately notify the appellant if the representations made in clause 20a are no longer correct.5. it ..... was adduced by respondent. it is also urged that the commercial court ought to have appreciated that the award of damages is contrary to section 74 of the indian contract act. in support of aforesaid submissions, reliance has been placed on decisions in 'taylor v oakes, roncoroni and co', (1922) all14er rep ext866 'nune sivayya vs. maddu ..... court is co-terminus with all plenary powers of the subordinate court [see: 'jute corpn. of india ltd. v. cit', 1991 supp (2) scc744. thus an appellate court exercising powers undue section 37 of the act, would interfere only if a ground undue section 34 is made out. the issue with regard to scope of appeal under .....
Tag this Judgment!Court : Karnataka
..... . act and section 109 of the ipc has been framed against her. fifty-seven witnesses have been examined. the accused-public servant, ..... hence, charge sheet filed against him under section 13(1)(e) read with 13(2) of the p.c. act. whereas most of the properties stands in the name of the petitioner, who is not a public servant and admittedly, she is not an income tax assessee, the charge under section 13(1)(e) read with 13(2) of the p.c ..... possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. that, however, does not mean that persons other than the public servant cannot be tried for the offence under the act along with the principal offender, who is a public servant. the apex court in the case of p. .....
Tag this Judgment!Court : Karnataka
..... . act and section 109 of the ipc has been framed against her. fifty-seven witnesses have been examined. the accused-public servant, ..... hence, charge sheet filed against him under section 13(1)(e) read with 13(2) of the p.c. act. whereas most of the properties stands in the name of the petitioner, who is not a public servant and admittedly, she is not an income tax assessee, the charge under section 13(1)(e) read with 13(2) of the p.c ..... possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. that, however, does not mean that persons other than the public servant cannot be tried for the offence under the act along with the principal offender, who is a public servant. the apex court in the case of p. .....
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..... an information of commission of cognizable offence under section 13(1)(e) read with 13(2) of the prevention of corruption act, 1988 (for short 'the act'), for possessing assets disproportionate to his known source of income. the check period, according to the said registration of crime was from 29.08.1977, till the date of registration of ..... 2012. after completion of investigation, the petitioner claims to have prepared a final report alleging that the 3rd respondent had amassed wealth disproportionate of his known source of income to the tune of 100%.3. after completion of investigation and preparation of final report, on 16-12-2015, a request was sent to the competent 4 ..... is not proper. 2 (2002) 3 scc49613 22. the following words of hidayatullah, j.in the matter of applying precedents have become locus classicus: (abdul kayoom v. cit [air1962sc680, air p. 688, para19) 19. each case depends on its own facts and a close similarity between one case and another is not enough because even a .....
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..... with a view to protect workers and to secure to them employment in conditions conducive to their health and safety indicate the broad purpose of the act. the act and the rules made there under impose numerous restrictions upon the occupier or manager of the factory to ensure to workers adequate safeguards for their health ..... on a decision is not proper.22. the following words of hidayatullah, j.in the matter of applying precedents have become locus classicus : (abdul kayoom v. cit [air1962sc680 , air p. 688, para19) 19. each case depends on its own facts and a close similarity between one case and another is not enough because ..... of the definition of workers , providing for statutory health surveys, and requiring appointment of safety officers in large factories. (2) after the last amendment to the act, there has been substantial modernisation and innovation in the industrial field. several chemical industries have come up which deal with hazardous and toxic substances. this has brought .....
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..... plea of the revenue that a suit for partition filed by the first respondent was not maintainable in view of the bar in section 293 of the income tax act, 1961 (for short, the act ). .3. from the facts, it is quite obvious that the plaintiff would not have filed the suit for partition as there was no dispute to ..... the 2nd respondent is the complainant. on 15.03.2016, search and seizure proceedings were initiated by the petitioners in terms of section 132 of the income tax act, 1961 ( the act for short) on the residential premises of the complainant and several incriminating documents including a diary that was found during the search were seized. the diary ..... with utter disregard to the directions of the law to be obeyed by the public servants. the purported diary and 24 other seized materials in contravention of the income tax act had been made public and used as a tool of victimisation in collusion with political opponents. in fact, my letter to the director general (investigations) has .....
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..... defendant to receive the entire balance sale consideration by executing the sale deed and getting it registered. the defendant expressed certain difficulties in getting the income tax clearance certificate and persuaded the plaintiff to come to his rescue in the matter of further payment of rs.10,000/-. the plaintiffs on the ..... singh vs. north star estate promoters limited reported in air2012sc2035wherein the apex court also discussed with regard to section 16(c) of the specific relief act, readiness and willingness and mere absence of specific pleading about continued readiness and willingness to perform its part of agreement and availability of 22 funds ..... relied upon the judgment of the apex court in parminder singh vs. gurpreet singh reported in air2017sc3601wherein also discussed section 16 and 20 of specific relief act, specific performance of contract-decree for discretion of court, the plaintiff establishing agreement as real, bona fide and genuine and thus capable of enforcement, .....
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..... a partner proportionately to his share, no partition or transfer takes place not is there any extinguishment of interest of other partners in 111 the allocated property-income tax act, 1961, ss.45(4) and 2(47). incidentally, the principle underlined in the said decision that arbitration award directing dissolution of partnership firm and providing distribution ..... 17(1)-in the circumstances, challenge to the award under s.30 of the arbitration act on ground of non-registration not sustainable-partnership act, 1932, s.48- arbitration act, 1940, s.30-income tax act, 1961, ss.2(47) and 45(4). partnership act, 1932-s.48(b)(iv)-entire property whether brought in by the partners on ..... jama bandi, chinna kurli hobli, french rocks taluk, pandavapura, mandya district were agreed to be enjoyed jointly by all the partners dividing only the annual income therefrom 100 equally amongst them till such time as they decide jointly to sell or divide them and each of the partners has assumed and obtained .....
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..... india) regulations, 2018 made by the reserve bank of india under the foreign exchange management act, 1999 (42 of 1999) and who fulfils the "non-resident indian" status as per the income tax act, 1961 (43 of 1961)." in effect this notification does not permit the oci cardholders 48 to stake their claim ..... of impugned notification be upheld, whether the quashed section 2(1)(n) of the karnataka professional educational institutions (regulation of admission and determination of fee) act, 2006 would automatically revive and consequently petitioners cannot claim admission to the government seats... ?. 52 4. as to the contention of oci cardholders being citizens ..... despande case this court has struck down section 2(1)(n) of the karnataka professional educational institutions (regulation of admission and determination of fee) act, 2006 and rule 5 of karnataka selection of candidates for admission to government seats in professional educational institutional rules, 2006; this was done specifically .....
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