Court : Mumbai
Reported in : [1974]97ITR334(Bom)
Tulzapurkar, J.1. In this reference as many as 10 questions have been referred to this court for its opinion, some at the instance of the assessee and some at the instance of the department and the basic or primary facts out of which these several questions arise may be stated thus : There is a public limited company called the Amalgamated Electricity Co. Ltd., which carries on the business of supplying electrical energy, originally to Bulsar, Bhiwandi and Belgaum. On 1st April, l951, it took over two other electric supply companies known as Ajmer Electric Supply Co. Ltd. and Jalgaon Electric Supply Co. Ltd. under separate amalgamation agreements sanctioned by this court by two orders dated 20th July, 1951. Copies of the orders sanctioning the amalgamation together with agreements of amalgamation in the case of each have been annexed as annexure 'A' to the statement of the case. The Amalgamated Electricity Co. Ltd. also purchased the undertakings with all the assets minus certain asset...
Tag this Judgment!Court : Kolkata
Reported in : 1973CriLJ968
ORDERN.C. Talukdar, J.1. This Rule is directed against an order dated the 1st July. 1972 passed bv Shri D. B. Dutta, Magistrate 1st class, Barrackpore rejecting the application filed bv the accused-petitioner on the 8th December. 1971. purporting to be one under Section 337, Criminal Procedure Code and praying for issuing process-against one Janaki Ballav Mukherjee as the co-accused and then proceed further with the enquiry.2. The background of facts necessary for considering the points at issue may be stated briefly. A petition of complaint was filed on 4-11-67 in the Court of the learned Sub-divisional Magistrate. Barrackpore by the complainant-opposite party no. 2 Sachindra Nath Das. against the present accused-petitioner Santosh Kumar Saha, under Sections 408/420/120B /34 of the Indian Penal Code containing a list of witnesses which included one Janaki Ballav Mukheriee as witness no. 20. The prosecution case inter alia is that in furtherance of a criminal conspiracy with Janaki Bal...
Tag this Judgment!Court : Rajasthan
Reported in : 1973CriLJ1637
ORDERL.S. Mehta, J.1. This is an application filed under Section 561-A, Criminal Procedure Code, by K. Narendra, Managing Proprietor, Printer, Publisher and Editor of Hindi Daily 'Veer Arjun', New Delhi and Nanak Ram Israni, Correspondent of the above paper, Ajmer, against the order dated November 4, 1971, of learned Additional MunsinVMagis-trate, Ajmer City (East).2. The brief facts of this case are that Amrit Kumar Advocate had been engaged in Criminal Case No. 238 of 1966 (State V. Ajit Singh under Sections 323 and 335, Indian Penal Code), pending in the court of Additional Munsiff-Magistrate, Ajmer, on behalf of Ajit Singh. When Ajit Singh had come to know on 25-8-1970, that that case had been decided against him and he had been convicted and sentenced, he had shouted to attract the attention of the court as to how he had been convicted when he had already given to his Advocate Amrit Kumar bribe money to be paid to the Munsiff-Magistrate. At that time Amrit Kumar was also present b...
Tag this Judgment!Court : Kolkata
Reported in : [1973]88ITR257(Cal)
Masud, J.1. In this reference under Section 66(2) of the Indian Income-tax Act, 1922, the following question has been referred to this court:' Whether, on the facts found by the Tribunal or on record and in the circumstances of the case, the Tribunal was justified in holding that Section 15C of the Indian Income-tax Act, 1922, was applicable to the new production units added to the existing production units of the assessee at Belur, Alupuram and Muri in respect of buildings, plants and machineries and directing exemption to be granted under the aforesaid section accordingly '2. The relevant assessment year is 1960-61, the corresponding previous year being the calendar year ended on December 31, 1959. The assessee-company is a manufacturer of aluminium ingots from ores. In the earlier years it had four manufacturing centres at Belur, Kalwa, Alupuram, and Hirakud. In the present accounting year one more was added at Muri and also there were additional extensions to the existing factories...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj128
Jagat Narayan, C.J. 1. This is an appeal by the State of Rajasthan (defendant No. 2) against a decree of the District Judge, Kota, dated 25-9-58 decreeing a suit instituted against it and against the Union of India (defendant No. 1) by the Associated Stone Industries Kota (hereinafter referred to as the Company). 2. The relevant facts are that the Ruler of the erstwhile State of Kota entered into an agreement Ex. A on 2-5-45 with the Company for quarrying Kachcha stone from the Tehsils of Ramganj Mandi and Chechat. Monopoly rights for quarrying Kachcha stone in these two tehsils were granted to the Company for a period of 15 years from 1-10-44- The terms and conditions contained in Clause 18 (i) of the agreement ran as under :-- 'In consideration of the concessions and privileges granted by the Grantor and in lieu of income-tax, super-tax and excess profits tax, the Grantee covenant to pay to the Grantor royalty on the stone excavated at the rate of rupee one per 100 sq. ft., subject t...
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN398
Jagat Narain, C.J.1. This is an appeal by the State of Rajasthan (defendant No. 2) against a decree of the District Judge, Kota, dated 25-9-58 decreeing a suit instituted against it and against the Union of India (defendant No. 1) by the Associated Stone Industries Kota (hereinafter referred to as the Company).2. The relevant facts are that the Ruler of the erstwhile State of Kota entered into an agreement Ex. A on 2-5- 45 with the Company for quarrying Kachcha stone from the Tehsils of Ramganj Mandi and Chochat. Monopoly rights for quarrying Kachcha stone in these two tehsils were granted to the Company for a period of 15 years from 1-10- 44. The terms and conditions contained in Clause 18(1) of the agreement ran as under:In consideration of the concessions and privileges granted by the Grantor and in lieu of income-tax, super tax and excess profits tax, the Grantee convenant to pay to the Grantor royalty on the stone excavated at the rate of rupee one per 100 sq. ft., subjected to th...
Tag this Judgment!Court : Kolkata
Reported in : [1971]80ITR428(Cal)
P.B. Mukharji, C.J.1. This income-tax reference under Section 66(1) of the Indian Income-tax Act, 1922, refers the three following questions for determination by the court. The questions are :'(1) Whether, on the facts and in the circumstances of the case, theTribunal was right in holding that the steel foundry division was an industrial undertaking to which Section 15C of the Indian Income-tax Act, 1922,applied?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the jute mill division set up by the assessee-company was an industrial undertaking to which Section 15C of the Indian Income-tax Act, 1922, applied?(3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the claim for deduction of wealth-tax paid during the accounting year was admissible in computing the assessee's profits from its business ?' 2. We can straightaway dispose of the third question as we find it isalready covered by...
Tag this Judgment!Court : Chennai
Reported in : AIR1971Mad53; (1971)IIMLJ41
1. The defendant in O. S. No. 69 of 1960 on the file of the Sub Court, Salem, is the appellant before us. The suit was filed by the plaintiffs. Sri Rajendra Mills Limited, Salem and the Eagle Star Insurance Company Limited, Bombay against the Union of India, representing Southern Railway and Central Railway for damages in a sum of Rs. 10,128/- being the loss suffered by them as a result of the damage to the first plaintiff's goods by fire. The facts which gave rise to the suit are not in dispute.The first plaintiff was consignee of 100 bales of pressed cotton from Messrs. Naran Das Rajaram (Private) Limited, Bombay. The bales were securely packed and delivered in good condition at Banosa in the Central Railway and were accepted for carriage at railway risk to be delivered to the plaintiff at Salem in Southern Railway, under invoice No. R. R. No. 9120/34 dated 2-3-1959. Out of the said consignment of 100 bales, 90 bales were loaded in one wagon and 10 bales were loaded in one wagon and ...
Tag this Judgment!Court : Chennai
Reported in : (1970)2MLJ212
G. Ramanujam, J.1. The defendant in O.S. No. 69 of 1960 on the file of the Sub-Court, Salem, is the appellant before us. The suit was filed by the plaintiffs, Sri Rajendra Mills Limited, Salem and the Eagle Star Insurance Company Limited, Bombay, against the Union of India representing Southern Railway and Central Railway for damages in a sum of Rs. 10,128 being the loss suffered by them as a result of the damage to the first plaintiff's goods by fire. The facts which gave rise to the suit are not in dispute. The first plaintiff was a consignee of 100 bales of pressed cotton from Messrs. Naran Das Rajaram (Private) Limited, Bombay. The bales were securely packed and delivered in good condition at Banosa in the Central Railway and were accepted for carriage at railway risk to be delivered to the plaintiff at Salem in Southern Railway; under invoice No. R.R. No. 9120 of 34 dated 2nd March, 1959. Out of the said consignment of 100 bales, 90 bales were loaded in one wagon and 10 bales were...
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom231; (1969)71BOMLR801; ILR1971Bom264
Patel, J.1. The question in this appeal is whether the suit should have been stayed under Section 34 of the Indian Arbitration Act (hereinafter referred to as the Act). A few facts leading to the present appeal are as follows: The plaintiff and the defendants were partners. The suit was filed by the plaintifffor a declaration that the Firm was dissolved and for taking accounts of the partnership. This suit was filed on January 20, 1969. On the same day the plaintiff made an application for receiver and for injunction, An ex parte order was granted appointing the Court Receiver to take charge of all books of accounts, vouchers, papers etc., connected with the partnership and in possession of the mediator, K.M.D. Thakersey. An interim injunction was also granted, one particular direction being In a mandatory form regarding the continuance of the supply of steam from the boiler to the plaintiff. The papers of the motion and the plaint were served on the defendants on the same day. The cer...
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