Court : Supreme Court of India
Decided on : Mar-01-1961
Reported in : AIR1961SC1233; [1961]42ITR166(SC); [1962]1SCR133
..... doubt the words in the english rule are 'shall be treated as profits for the year in which the payment is received', and in s. 11(11) of the indian finance act, 1946, such sum has to be treated as income of the previous year but as pointed out by this court in balfour and mc gregor case : [1959]36itr65(sc ..... profits tax payable in respect of a business for any chargeable accounting period was an allowable expenditure. under s. 11(11) of the indian finance act, 1946, any excess profits refunded under the provisions of the indian finance act, 1942, or of s. 2 of the excess profits tax ordinance, 1943, were deemed to be income and were to be treated ..... or of section 2 of the excess profits tax ordinance, 1943, shall be deemed to be income for the purposes of the indian income-tax act, 1922, and shall, notwithstanding the provisions of section 34 of that act, be treated as income of the previous year which constitutes or includes the chargeable accounting period in respect of which the said sum .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-12-1961
Reported in : AIR1961SC600; (1961)63BOMLR517; 1961CriLJ736a; [1961]3SCR440
..... so, what was the term for which he could be so imprisoned. we shall briefly notice the relevant provisions of the indian penal code before it was amended by the code of criminal procedure (amendment) act xxvi of 1955. section 53 of the indian penal code set out six different punishments to which offenders were liable. the second of those punishments was transportation and the ..... provisions, particularly in view of s. 53a of the indian penal code which has been added by act xxvi of 1955. section 53a of the said code reads : '(1) .................(2) in every case in which a sentence of transportation for a term has been passed before the commencement of the code of criminal procedure (amendment) act, 1954, the offender shall be dealt with in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-03-1961
Reported in : AIR1962SC73; [1962]1SCR702
..... lessened. 10. the privilege of ex-territoriality and exemption from civil jurisdiction except with the consent of the central government was one of long standing, and when the amendment act of 1951 was passed, sections 83 to 87 were re-enacted. we are not concerned with all the changes that were made, and reference to some of ..... them is unnecessary. section 86 was amended by deleting all references to ruling chiefs of indian states and the first sub-section was re-enacted as follows : '86. (1) no ruler of a foreign state may be sued in ..... british india, the rulers of states and the government of india entered into covenants and agreements. in those covenants, it was agreed that the privileges, dignities and titles of indian princes would be continued to be recognised. when the constitution was enacted, the assurance in the covenants was respected, and art. 362 was included in the constitution. it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-1961
Reported in : AIR1961SC1669; [1961]31CompCas387(SC); [1962]2SCR339
..... as it deemed just and proper. the exercise of this power was held by this court to be quasi-judicial. 7. before it was amended by s. 27 of act 65 of 1960, s. 111 of the indian companies act, 1956 - omitting parts not material - provided : (1) nothing in sections 108, 109 and 110 shall prejudice any power of the ..... company. 3. two questions fall to be determined in these appeals, (1) whether the central government exercising appellate powers under s. 111 of the companies act, 1956 before its amendment by act 65 of 1960 is a tribunal exercising judicial functions and is subject to the appellate jurisdiction of this court under art. 136 of the constitution, and (2 ..... order to that effect was passed by the central government. 55. before parting with the case, i may say that the report of the companies act amendment committee had recommended amendment of s. 111, and it has been amended, inter alia, by the addition of sub-s. (5a), which reads : 'before making an order under sub-section (5) on an .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-14-1961
Reported in : AIR1962SC92; [1961]42ITR761(SC); [1962]1SCR966
..... s. 5 of the act came in for challenge on the ground that the income-tax officer could pick ..... sub-s. (4) of s. 5 of the act was bad, as it offended the provisions of art. 14 of the constitution. sub-section (4) of s. 5 of the act having been declared void, parliament passed the indian income-tax amendment act, 1954 amending s. 34 of the indian income-tax act, 1922. as a result of this amendment, the validity of sub-s. (1) of ..... out some out of the class of substantial tax evaders and refer their cases under sub-s. (1) of s. 5 while dealing with other such persons under the amended s. 34 of the indian income-tax act. in shree meenakshi mills ltd., madurai v. a. v. visvanatha sastri and another, : [1954]26itr713(sc) , sub-s. (1) of s. 5 of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-04-1961
Reported in : AIR1962SC123; [1961]43ITR393(SC); [1962]2SCR983
..... state of kerala : [1961]3scr77 there, the petitioners impugned the constitutionality of the travancore-cochin land tax act, xv of 1955, as amended by the travancore-cochin land tax (amendment) act, x of 1957, and sinha c.j., speaking for the court held that the act was void as infringing not only art. 14 of the constitution but also art. 19(1)(f) ..... the tax on one person's property or income by reference to the property or income of another is contrary to due process of law as guaranteed by the 14th amendment. that which is not in fact the taxpayer's income cannot be made such by calling it income.' 11. the court of appeal in that case assigned two ..... 1. this writ petition filed under art. 32 of the constitution raises the question of the constitutional validity of s. 16(3)(a)(i) of the indian income-tax act, 1922 (act xi of 1922), (hereinafter called the act). 2. the facts are not in dispute and may be briefly narrated. the petitioner, balaji, his six sons, and his wife, by name godawaribai .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-14-1961
Reported in : AIR1961SC808; [1962]1SCR67
..... relating to intestate succession and other specified matters including wakfs where the parties to the dispute are muslims is the muslim personal law. the terms of the act as amended are explicit. normally a statute which takes away or impairs vested rights under existing laws is presumed not to have retrospective operation. where vested rights are affected ..... vested rights : but such a presumption may be deemed rebutted by the amplitude of the language used by the legislature. it is expressly enacted in the shariat act as amended that in all questions relating to the matters specified, 'the rule of decision' in cases where the parties are muslims shall be the muslim personal law. ..... of limitation had expired during her minority within three years from the date of which she attained majority by virtue of sections 6 and 8 of the indian limitation act. apart from this ground which saves the claim of the first plaintiff alone, a suit for a declaration of the right and an injunction restraining the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-22-1961
Reported in : AIR1962SC821; [1962]Supp2SCR411
..... right conferred under sub-section (1) shall not be exercisable after a period of (five) years from the date on which the bombay taluqdari tenures abolition (amendment), act 1954 comes into force. x x x 26. this section for the first time conferred upon a permanent tenant the right to acquire the status of an ..... . - * * * (1a) where a tenant to whom subsections (1) and (2) of section 10a do not apply, has, after the commencement of the bombay tenancy and agricultural lands (amendment) act, 1955, paid in respect of the land held by him as tenant land revenue and other cesses referred to in sub-section (1) of that section, on account of the ..... . that definition was in these terms : ''permanent tenant' means a person - (a) who immediately before the commencement of the bombay tenancy and agricultural lands (amendment) act, 1955 (hereinafter called 'the amending act, 1955') - (i) holds land as mulgenidar or mirasdar; or (ii) by custom, agreement, or the decree or order of a court holds the land .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-08-1961
Reported in : AIR1961SC1241; 1961CriLJ302; [1962]1SCR194
..... the circumstances stated by the high court, and therefore he will have that jurisdiction which he is competent to exercise under the prevention of corruption act or the criminal law amendment act. section 6 of the former provides that the state government may appoint a special judge to try the following offences : (a) an offence ..... in addition said to have committed offences under s. 420, indian penal code. 4. the subordinate judge, vijayawada was appointed as special judge under the provisions of s. 6 of the criminal law amendment act, 1952 (ii of 1952) to try offences under the prevention of corruption act, 1947. he framed the following charges : 'charge no. ..... punishable under section 161, section 165 or section 165a of the indian penal code (act xlv of 1860) or sub-section (2) of section 5 of the prevention of corruption act, 1947 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-18-1961
Reported in : AIR1966SC719; [1961]43ITR352(SC); [1962]2SCR871
..... not substantially interested. for the assessment year 1949-50 the income-tax officer concerned applied the provisions of s. 23a of the indian income-tax act, 1922 - sectopm 23a(as it stood previous to the amendment of 1955) and ordered that the undistributed portion of the assessable income of the company of the relevant previous year, as computed ..... such leave has brought these appeals to this court. 7. it is necessary now to read the relevant portion of s. 23a as it stood prior to its amendment by the finance act, 1955. '23a : power to assess individual members of certain companies. (1) where the income-tax officer is satisfies that in respect of any previous year ..... reason existed as to why the expression 'shareholder' as used in s. 18(5) should mean a person other than the one denoted by the same expression in the indian companies act, 1913. a reference was made to the decision of the bombay high court in shree mills ltd. v. commissioner of income-tax, bombay city [ : [1948]16itr187(bom .....
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