Court : Gujarat
Decided on : Mar-06-1961
Reported in : (1962)3GLR33
..... to co-operative societies. this is clear from the preamble itself which provides that for the purpose of promoting thrift self-help etc. it is expedient to consolidate and amend the law relating to co-operative societies. the words relating to a public religious or charitable object are found in clause (b) of the definition. the enactment ..... stamp duties fees and so on. some of these may be public objects hut it cannot be said that prisons and boilers etc. are public objects. there can be no doubt that the object of all indian enactments is generally a public one. but that does not mean that the enactments relate to a public object. we must ..... as to bring about better living better business and better methods of production and for that purpose to consolidate and amend the law relating to co-operative societies. no doubt the object of enacting the bombay co-operative societies act 1925 is to promote thrift self-help and mutual aid among agriculturists and other persons etc. in that sense .....
Tag this Judgment!Court : Allahabad
Decided on : May-24-1961
Reported in : AIR1962All43
..... from the opinion of bhagwati, j. in : [1955]2scr374 . while giving to some general words in the amendment to section 232(1) of the, indian companies act a limited meaning, bhagwati, j. observed :'whereas before the amendment the secured creditor stood outside the winding up and could if the mortgage-deed so provided, realise his security without ..... the intervention of the court by effecting a sale either by private treaty or by public auction, no such sale could be effected by him after the amendment ..... ' appeared to bhagwati, j. to be a proper reason for not giving the whole meaning to the general words of section 232(1) of the indian companies act, it would, i think, be far less proper for me to think that the word 'held' is intentionally used in section 9 by the legislature .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-31-1961
Reported in : [1962]13STC923(All)
..... grounds of the petition. this point has been urged by him somewhat as follows :-by reason of sub-section (3) of section 14 of the indian coinage act, 1906, as amended by the indian coinage (amendment) act, 1955, the rate of sales tax, which is expressed as one anna per rupee in the notification, should be construed as being expressed in terms ..... of nay a paisa. according to the learned counsel's interpretation of sub-sections (2) and (3) of section 14 of the act, the substitution, ..... i regret i cannot agree with the interpretation put by the learned counsel on sub-sections (2) and (3) of section 14.5. the sections of the indian coinage act which are relevant are sections 6, 13 and 14. section 6 makes provision for the coining of coins at the mint. it provides for their denominations, designs, .....
Tag this Judgment!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-10-1961
Reported in : [1961]42ITR112(SC)
..... appeal is directed against the judgment and order of the high court of calcutta dated december 14, 1955, in an income-tax reference under section 66(1) of the indian income-tax act. the high court answered the question : 'whether, on the above facts and circumstances of this case, there was any material before before the tribunal to hold that the assessee .....
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 : Mumbai
Decided on : Jul-06-1961
Reported in : AIR1962Bom205; (1962)64BOMLR188
..... act of 1952 was amended to include sections 162 to 184 indian penal code, with the result that the court of the special judge will the a ..... court of exclusive jurisdiction for trying offences even under section 162 to 164 indian penal code. so far as investigation into ..... particular by section 5a thereof. originally, section 6 of the act of 1952, as it stood before its amendment in 1958 provided that the special judge is to be appointed for trying offences under section 161, section 165 or section 165a indian penal code or sub-section (2) of section 5 of the act of 1947. clause (a) of section 6 of the .....
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 : Mumbai
Decided on : Aug-03-1961
Reported in : AIR1962Bom243; (1962)64BOMLR16; ILR1962Bom371
..... of what is known as abundant caution. the statement of object contained in the bill, which later on became the amending act, explains the necessity of amending section 5 as follows:'. . . . . .to amend section 5 of the act so as to expressly provide that breach of a condition of the licence is also an offence punishable under the ..... abettors are concerned, mens rea will be an essential part of the offence of contravention. in that connection, he referred to the provisions of section 107, indian penal code and argued that aiding or abetting must be intentional. in the view that we have taken above, it is not necessary to pronounce any verdict ..... is laid down in that section to the following effect:'in this act, and in all central acts and regulations made after the commencement of this act, unless there is anything repugnant in the subject or context . . . . .'although, therefore, the definition contained in section 107, indian penal code, will be applicable, it is necessary to find out .....
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