Court : Andhra Pradesh
Decided on : Jan-06-1961
Reported in : AIR1963AP479
..... above hyderabad industrial fund rules. the material provisions are as follows:'1. with effect from the commencement of the hyderabad industrial fund rules (andhra pradesh amendment) act, 1957 : (a) the industrial fund shall be controlled and administered by the state government in the industries department in accordance with the provisions of ..... payable and that therefore the claim under the mortgage is barred by limitation and that the petitioner's claim is not governed by article 149 of the indian limitation act. this contention was negatived by satyanarayana ram, j. who held that the industrial trust fund, h.e.h. the nizam's government, is not ..... original petition was filed by the state of andhra pradesh represented by the secretary to government, industries (industrial fund) department, hyderabad under section 439 of the indian companies act (i of 1956) praying that in the circumstances stated in the affidavit filed therewith the high court may be pleased to wind up the said company by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-1961
Reported in : AIR1961P& H411
..... made by him on the will as sufficient coupled with the evidence of the other attesting witness, amar singh, to satisfy the requirements of section 63 of the indian succession act. . it is this view in particular which has been assailed before us by the learned counsel for the appellants.4. the proposition canvassed is that under ..... section 63 of the indian succession act the will must be attested by two or more witnesses and that a sub-registrar while registering a will presented to him by the testator cannot be ..... argument was not acceptable because prima facie before a document was presented for registration, it must be completed as required by the provisions of the transfer of property act. if what happened at the time of registration was regarded as affording attestation to the document, it might lead to the result that the document was presented for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-03-1961
Reported in : AIR1961SC1023; (1961)GLR1(SC); [1961]42ITR1(SC); [1961]3SCR351
..... ..........................................................(c) all income arising to any person by virtue of a settlement or disposition whether revocable or not, and whether effected before or after the commencement of the indian income-tax (amendment) act, 1939 (7 of 1939), from assets remaining the property of the settlor or disponer, shall be deemed to be income of the settlor or disponer, and all ..... of trust by him, they were held by him not in his personal capacity but as a trustee. no doubt, under sections 5 and 6 of the indian trusts act if the declarer of the trust is himself the trustee also, there is no need that he must transfer the property to himself as trustee; but the law ..... , after being grossed up, was not liable to be included in his total income, in view of the third provision to s. 16(1)(c) of the indian income-tax act - section 16(1). the income-tax officer did not accept this contention, and though the assessment order is not before us, we gather from the statement of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-02-1961
Reported in : AIR1961P& H314
..... plaintiffs' suit, which was filed on 23rd of august, 1948, is barred by limitation. according to the trial judge the case is covered by article 115 of the indian limitation act, which provides a period of three years for a suit for compensation for the breach of any contract, express or implied, not in writing registered, from the date ..... pleas gave rise to the following issues:(1) is the suit barred by time?(2) is the suit barred under section 19 of the defence of india act read with act ii of 1948?(3) are the plaintiffs estopped from claiming any compensation?(4) relief.the first and the third issues were answered in the affirmative and the ..... the rule of estoppel in general has been incorporated in section 115 of the indian evidence act, which runs as under,'when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit .....
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