Court : Chennai
Reported in : AIR1951Mad439; [1950]18ITR849(Mad); (1950)2MLJ777
Satyanarayana Rao, J.(R.C. No. 57 of 1946)1. The following question was referred to us by the Income-tax Appellate Tribunal under Section 66 (1), Income-tax Act :'Whether in the circumstances of this case, the profits made on the sales which took place in British India were 'income arising in British India' within the meaning of Section 4-A (c) (b), Income-tax Act?'The asseasee is the Little's Oriental Balm and Pharmaceuticals Ltd., Madras, which is a public limited company registered in Madras carrying on the business of manufacture and sale of medicines. Messrs. Oakley Bowden and Co. (Madras) Ltd., a private limited company, are its managing agents. The managing agency agreement conferred upon the managing agents very wide powers subject only to the control of the Board of the principal company. The control, however, is very general and is confined only to safeguarding the interests of its share-holders.2. Until the war scare of 1942, the company(in this judgment referred to as the a...
Tag this Judgment!Court : Chennai
Reported in : 73Ind.Cas.343; (1923)44MLJ655
Walter Salis Schwabe, K.C., C.J.1. The question referred to the Full Bench is whether In re Ramaswamy Ayyar I.L.R. (1921) M 913, was correctly decided,2. This is not a desirable form of reference to a Full Bench, because the facts of one case are seldom precisely the same as those of another and it is much better that the point on which the opinion of the Full Bench is desired should be formulated. In In re Ramaswamy Ayyar I.L.R. (1921) M 913, a Village Magistrate arrested a drunken man whose conduct was at the time a grave danger to the public. In this case two Police Constables arrested a man who was drunk and creating disturbance, but to what extent he was a danger to others does not appear in the order of reference. The decision in In re Ramaswamy Ayyar I.L.R. (1921) M 913 went on the ground that the English Common Law which is ' that for the sake of the preservation of the peace any individual' who sees it broken may restrain the liberty of him whom he sees breaking it so long as ...
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad244
Davies, J.1. In Appeal against Appellate Order No. 35 of 1901 and Appeal against Order No. 48 of 1900.--There can be no doubt that the provisions of the Code of Civil Procedure are applicable to cases tried under special Acts, if the trials are in a Court of Civil Judicature and if there are no rules in the special Acts inconsistent with, or substituted for, the general rules of the Code of Civil Procedure. Now, in the Transfer of Property Act, after an order for sale in a mortgage suit has been made, no further rules are laid down as to the subsequent steps to be taken for the conduct of the sale and other incidents attaching to it. These matters must therefore be governed by the Civil Procedure Code as the Transfer of Property Act is silent in regard to them. The rules for the conduct of sales by a Civil Court are to be found in Chapter XIX (G) of the Civil Procedure Code and there is nothing in that chapter excluding from its operation sales in pursuance of mortgage decrees under th...
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ647
Satyanarayana Rao, J.1.This is an appeal by the respondent in O.P. No. 142 of 1948, against an order of Subba Rao, J., granting a succession certificate to the petitioner in the original petition in respect of the Government securities, more particularly specified in the schedule attached to the petition.2. The securities originally stood registered in the name of one Subramania Ayyar. He died on the nth December, 1911, leaving behind him his father, Anantarama Iyer, his widow Ammani Ammal, and two daughters, Krishnammal and Rajammal. The respondent in. this appeal, who was the petitioner in the original petition is Lakshmi Ammal, the daughter of Rajammal. On the 26th September, 1912, Anantarama Iyer executed a deed of settlement whereunder he provided that after his death his daughter-in-law, Ammani Ammal should enjoy the securities for her life and after her death they should be possessed and enjoyed in equal half shares by his grand-daughters, Krishnammal and Rajammal for life. On t...
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad352; (1937)2MLJ310
Varadachariar, J.1. The question referred to this Court for decision is whether, on the facts set out in the Commissioner's statement, any part of the income derived by the assessee from the produce of his coffee estates in Mysore is exempt from taxation under the 2nd proviso to Clause (2) of Section 4 of the Indian Income-tax Act.2. The assessee who owns coffee plantations in the Mysore State is a resident of British India (Mangalore) ; and the case states that while he maintains an office in the Mysore territory to supervise the cultivation work there, the labour required for the cultivation is recruited in Mangalore, materials required for the estate like manure, tools, spray materials, crop-bags, etc., are purchased at Mangalore, the harvested crops are brought to Mangalore in their raw state to be dried and cleaned there in the factories of Pierce Leslie & Co., and the coffee seeds thus prepared for the market are sold there, by Pierce Leslie & Co., the selling agents of the asses...
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad635
Bhashyam Ayyangar, J.1. In the plaint, the plaintiff claims as owner three items of property, each of which he describes as a plot of certain dimensions with the granite pial built thereon, immediately to the east of his dwelling house and to the west of the street and prays that a permanent injunction may be issued restraining the defendant (the Municipal Council of Madura) 'from interfering with or from causing obstruction to the plaint sites, from removing the granite pials built on the plaint sites or from taking any steps to remove the same.'2. The defendant, in his written statement, states that the slab-stones, which the plaintiff was required to remove, have been only recently put up, that as the defendant has all along been using the drain below the slab-stone the plaintiff cannot acquire any prescriptive right against the defendant, that the construction in question, being admittedly a projection over the drain in front of plaintiff's house, the defendant has every right to r...
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad323; (1952)IMLJ71
1. These second appeals and the civil revision petitions arise out of a batch of suits relating to the village of Manamelpatti, a Dharmasanam village, in the Ramnad District. The suits out of which these second appeals arise were instituted by the trustees of Airabhadeswarar Soundaranayagi Amman Temple for ejectment of the defendants from the lands in their respective possession and for recovery of rent for faslis 1349 and 1350 and for future profits. The village comprises 80 pangus out of which the plaint temple in this batch owns 23 1/2 pangus purchased from the original owners and one pangu taken on othi from the owner. The plaintiffs in the batch of suits out of which the civil revision petitions arise are the managers of the Devasthanam of Nagara Vairavanpatti Valaroleeswaraswami Nagara Vairavaswami Devasthanam. This temple owns 54 and 5/8th pangus or shares in the village and suits were instituted for recovery of the balance of amounts due as 'iru bogam' for faslis 1349 and 1350....
Tag this Judgment!Court : Chennai
Reported in : AIR1942Mad614; (1942)1MLJ137
Mockett, J.1. It is unnecessary to set out the complicated facts which are the basis of the suit, the subject of this civil revision petition. The following statement of the essential facts is sufficient. The plaintiff filed O.S. No. 55 of 1932 in the Court of the Subordinate Judge of Trichinopoly against the defendants, who both reside in Rangoon. The prayer in the plaint is as follows:(a) For a decree directing the defendants to deliver the properties' in Schedule 0, Parts I, II and III, together with profits from date of suit;' and declaring that the plaintiff is solely and absolutely entitled to the assets described in Schedule C, Part IV.(b) In case the plaintiff is held not entitled to that relief, for a decree directing the division, of the properties in Schedules A, B and C into one fourth, three-eighths and three-eighths shares allotting Schedules A and B to the plaintiff and charity and adding so much property from Schedule 0 as may be necessary to make them a just moiety of ...
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad140; (1940)1MLJ922
Alfred Henry Lionel Leach, C.J.1. The appellants appeal against an order refusing to recognise them as secured creditors of the Lakshmi Forest Company Limited, which is now under liquidation under an order for compulsory winding up. On the 3rd September, 1932 by a registered deed the appellants conveyed to the Company certain lands in the village of Shedimane, South Kanara District and assigned the benefit of a mortgage decree, which they had obtained in the Court of the Subordinate Judge of South Kanara. The consideration was Rs. 80,000 payable in instalments. The deed purported to charge both the immovable property and the mortgage-decree for the due payment of the balance of the consideration. It was also provided that the vendors should remit a sum of Rs. 10,000 if the Company should pay the balance falling due before the 1st April, 1933 With interest from the 30th June, 1932. The right to rank as secured creditors was challenged by the liquidator, and the appellants took out a Jud...
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad773; (1950)IIMLJ9
Satyanarayana Rao, J.1. The question referred to us by the Appellate Tribunal is as follows:'Whether on the facts and in the circumstances of the case the interest receipt of Rs. 43,299/- in question is exempt from excess profits tax as profit of a 'part of a business' accruing or arising in Mysore Stats within the meaning of proviso 3 to S. 5, Excess Profits Tax Act?'The question is confined to the interest receipt of Rs. 43,293/-. The assessee Messrs. Gokuldas Jamnadas and Company are residents in British India, carrying on money-lending business at Madras. The chargeable accounting period is the period commencing from 9th November 1942 and ending with 28th October 1943. During that period the assessee received the sum in question as interest accrued under a loan advanced to Messrs. M.L. Varadamanayya and Sons, Mysore, under a mortgage. The property comprised in the mortgage is in Mysore and the deed was executed on Mysore stamp paper and registered at Mysore. This amount was assesse...
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