Court : Supreme Court of India
Decided on : Feb-05-1998
Reported in : [1999]236ITR23(SC); JT1998(6)SC648; 1998(2)SCALE638; (1998)5SCC588
..... grants for the needy and deserving persons to meet marriage expenses is a charitable object and the assessee was entitled to exemption under section 4 (3) (l)of the indian income tax act, 1922? (5) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the assesse trust was entitled to the exemption ..... required to carry out the objects of the trust and spend the trust funds for charitable purposes in the manner indicated therein. no power was given to the trustee to amend, alter vary or change in any manner the objects of the trust as created in 1941. the result of this is that neither the trustee nor the founders could bring ..... the trust been a party to that decision, it possibly may have brought to the notice of this court the fact that it had been constituted in 1941 and the amendments which were sought to be made by the deed dated 1st july, 1944 were invalid in law. in our opinion, the decision of this court in east india industries .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-05-1998
Reported in : (1998)2UPLBEC1423
..... for the petitioners is of no avail. this submission of the learned counsel for the respondents was repelled by dr padia primarily on the ground that the amended previsions of amending act no. 41 of 1982, particularly with reference the definition of the expression 'industry' contained in clause (j) of section 2, have not come into ..... of india. these functions were made over by the government to be discharged by icar. similarly, in b.s. minhas case (supra), indian statistical institute was governed by statistical institutes act and its composition, money required maintenance of accounts were under the direct control and supervision of the central government. in ah india sainik school' ..... air 1963 sc 1571. learned counsel for the petitioners also derived support from the decision of this court (division bench-lucknow), in h.m. abdul khiyum v. indian institute of management and ors., 1991 (1) uplbec 370. the institute of management was held to be an agency of the state. according to dr. padia, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-05-1998
Reported in : JT1998(1)SC555; 1998(1)SCALE468; (1998)3SCC704; [1998]1SCR685; 1998(1)LC408(SC); (1998)2UPLBEC1004
..... 1990 or ph. d. degree upto december, 1992 shall not be required to qualify in such a comprehensive test. '8. thus, the effect of the amending act amending the principal act and by insertion of clause (c) to sub-section (3) of section 31 would be mat any lecturer who was appointed without reference to the selection ..... judgment are as under :'good academic record with at least 55% marks or an equivalent grade at master's level in the relevant subject from an indian university or an equivalent degree from a foreign university. candidates besides fulfilling the above qualifications should have cleared the eligibility test for lecturers conducted by ugc ..... stage the university made an advertisement in which wrong or lesser qualification was mentioned is wholly irrelevant and that advertisement cannot override the requirement of the amending act. it has been consistently held that a person not possessing prescribed qualification cannot be appointed in a university or in an affiliated college and if .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-05-1998
Reported in : (1999)152CTR(SC)393,[1998]236ITR23(SC),[1998]103TAXMAN363(SC)
..... grants for the needy and deserving persons to meet marriage expenses is a charitable object and the assessee was entitled to exemption under section 4(3)(i) of the indian income tax act, 1922?(5) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the assessee-trust was entitled to the exemption ..... required to carry out the objects of the trust and spend the trust funds for charitable purposes in the manner indicated therein. no power was given to the trustee to amend, alter, vary or change in any manner the objects of the trust as created in 1941. the result of this is that neither the trustee nor the founders could bring ..... the trust been a party to that decision, it possibly may have brought to the notice of this court the fact that it had been constituted in 1941 and the amendments which were sought to be made by the deed dated 1.7.1944 were invalid in law. in our opinion, the decision, of this court in east india industries case .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-03-1998
Reported in : AIR1998Raj100; 1998(1)WLC725; 1998(1)WLN131
..... 29 and 55 of the banking regulation act of 19,49 have been substituted obviously for 'the limited purpose of the application of the provisions to the ..... and to the extent as mentioned in part v which was added vide act no. 23 of the act of 1965. the purpose of adding part v by the amendment act no. 23 of 1965 was only to bring co-operative banks under the banking regulation act of 1949 for the purpose of 'regulating banking business to the extent specified ..... in relation to, banking companies subject to the following modifications, namely : (a) throughout this act, unless the context otherwise, requires,--(i) reference to a 'banking company' or 'the company' or 'such company' shall be construed as references to a co-operative bank,' by the aforesaid amending act no. 23 of 1965, sections 5a, 7, 11, 18, 19, 20, 24a, .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-03-1998
Reported in : (1998)3CALLT209(HC)
..... notification runs thus:--'new delhi-2, the 1st november. 1956. s.r.o. in pursuance of clause (1) of article 239 of the constitution as amended by the constitution (seventh amendment) act. 1956 and all other powers enabling him in this behalf, the president hereby directs asfollows: where, by virtue of any order made in pursuance of article ..... wril petition it has been averred that cari is a registered society having its registered office at port blair and is under the control and supervision of the indian council of agricultural research, new delhi ucar, for short) which is also a registered society, being run by the authority ofthe central government. it may ..... those had been taken into account and the term 'industry' had been made more specific while making the coverage wider.22. now, under the amended provision as introduced by the amendment act of 1982 the term 'industry' stands redefined in section 2(j), as it now stands, in the following way:'industry' means any systematic activity .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-1998
Reported in : AIR1998SC1400; 1998(2)ALLMR(SC)528; 1998(2)ARBLR1(SC); 1998(2)BLJR819; 1998(1)CTC443; JT1998(2)SC149; (1998)IIIMLJ54(SC); (1998)120PLR802; RLW1998(2)SC183; 1998(2)SCALE58;
..... balance amount of sale consideration, the earnest money shall stand forfeited.6. during the pendency of the appeal before the additional district judge, respondent made certain amendments in the plaint which have been set out in the judgment of the lower appellate court as under:-'(a) he corrected the area of the suit land ..... it was subsequently discovered that brahmatter rights did not carry mineral rights. the high court held that the agreement became void under section 20 of the contract act as soon as the mistake was discovered and, therefore, the plaintiffs were entitled to refund of money advanced under a contract which was subsequently discovered to be ..... matter at the time of entering into the agreement or executing the document. such realisation would have the effect of invalidating the agreement under section 20 of the act. on such realisation, it can be legitimately said that the agreement was 'discovered to be void'. the words 'discovered to be void', therefore, comprehend a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-29-1998
Reported in : 1998IAD(SC)435; AIR1998SC801; JT1998(1)SC289; 1998(1)SCALE256; (1998)2SCC536; [1998]1SCR411; [1998]109STC134(SC)
..... goods. as a result, government is losing huge amount to tax to overcome this situation government decided to amend the act suitably.'12. having regard to the phraseology and the objects of the amending act extracted above, it is fairly clear that the amendment in explanation to section 2(xxvi) was made with a view to alter the legal position that closing ..... stock held outside the state will not acquire the character of last purchase till it is sold. prior to passing of the amendment act, non-obstante clause occurring in the explanation to section 2(xxvi) did not permit the application of section 8(b) of the ..... by the high court of kerala.2. according to the appellant, it purchases areca nuts locally and after processing them dispatches the same to agents in the north indian states for sale on consignment who effect sales according to the market trends and render accounts, sales statements to the appellant. drafts or cheques for sale proceeds less expenses .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-29-1998
Reported in : ILR1998KAR2029; [1998]232ITR448(KAR); [1998]232ITR448(Karn)
..... made through its agent, karnataka power corporation ltd., for the assessment year 1980-81. the agent of the assessee company, i.e., karnataka power corporation limited (indian company), entered into an agreement on january 30, 1974, with energomach exports of russia (hereinafter called the foreign company), for supply of equipment for being installed at ..... to bring the transaction within the purview of the expression 'business connection' within the meaning of section 9(l)(i) and 163(l)(b) of the income-tax act.'7. the interpretation given by the andhra pradesh high court regarding 'business connection' squarely applies to the present case.8. in carborandum co. v. cit : [1977 ..... karnataka power corporation is in the nature of fees for technical services, within the meaning of explanation 2 below section 9(l)(vii) of the income-tax act ? 2. whether the income-tax appellate tribunal is correct in law in holding that income by way of fees for technical services, whetherarising out of business .....
Tag this Judgment!Court : Chennai
Decided on : Jan-29-1998
Reported in : 1998(2)CTC94; (1998)IIIMLJ466
..... amendment should be allowed.9. to appreciate the contentions raised by the counsel, it has be seen that the present suit is on a promissory note in which certain statutory presumptions arise in favour of the plaintiff. apart from the presumption which is raised under section 114(c) of the indian evidence act ..... in favour of the plaintiff.10. in comparison to the presumption which would arise under section 114 of the indian evidence act, it is settled law that presumption arising under section 118 of the negotiable instrument act is statutory and mandatory in character. in, official receiver v. abdul shakoor, : [1965]1scr254 , the ..... follows:-'there is marked contrast between section 1188 of the negotiable instruments act and section 114 of the indian evidence act. the statutory presumptions under section 118 of the negotiable instruments act is mandatory while the presumption under section 114 of the evidence act is permissive depending upon the exercise of discretion of the court.'therefore, .....
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