Court : Karnataka
Reported in : [1964]53ITR604(KAR); [1964]53ITR604(Karn)
..... the shares have not been registered in the books of the company is not a 'shareholder' in receipt of such shares within the meaning of section 18(5) of the 'act', notwithstanding his equitable right to the dividend on such shares, and is not, therefore, entitled to have this dividend income grossed up under section 16(2) of the 'act' by the addition of the income-tax paid by the company in respect of those shares, and claim credit for the tax deducted at source under ..... from these decision, i do not think that we will be justified in drawing the conclusion that for all purposes under the act dividend income realised by a benami shareholder should be treated as his own income and not that of the real owner of the shares which have yielded the dividends in ..... prima facie the income contemplated in section 3 of the indian income-tax act, 1922 (to be referred to hereinafter as the 'act'), is the real income and not the nominal income. ..... above principle is in no manner impaired by the provisions contained in section 18(5) read with section 16(2) of the 'act', though those provisions have introduced some inconsistencies in the matter of the application of that principle. 28. ..... section 2(16) of the indian companies act, 1913, defines 'share' as 'share in the share capital of company' ..... who spoke for the bench, observed : 'a glance at the scheme of the indian companies act, 1913, shows that the words 'member', 'shareholder' and 'holder of a share' have been used interchangeably in the act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant117; AIR1964Mys117; ILR1963KAR691; (1963)2MysLJ421
..... decree, xxxxxxxx'.a special bench of the calcutta high court, in : air1928cal646 , had to consider the following question -'whether in the circumstances of the present cases, time to be reckoned under article 181, limitation act, should be counted from the date of the decrees of me high court dismissing the appeals from the decrees of the lower appellate court, or from the dates of the pronouncement of the decrees of the lower ..... question was as regards the application of the article of limitation and of the benefit of section 6 of the indian limitation act to an application under section 144 of the code, in discussing the points as issue, their lordships laid down. ..... which it was laid down that an order passed, under section 144 is not an order in execution under section 47 of the code for the purpose of the court fee act and that ad valorem court-fee should be paid on the memorandum of appeal as such order amounts to a decree within the meaning of section 2(2) of the code.21. ..... this decision of the privy council has been discussed in detail in the full bench decision of the allahabad high court in parmeshwar slngh's ..... of the fresh facts and events he gets a fresh right to apply'.his lordship also sought to support his conclusion from the following observation of the judicial committee of the privy council in nagendra nath v. ..... the decision of the privy council in lasa din v. ..... from the decision to the judicial committee of the privy council in prag narain v. ..... by the privy council.25. .....
Tag this Judgment!Court : Karnataka
Reported in : 1965CriLJ159
..... the first appellate court came to the conclusion that article 47 or the indian limitation act or any other corresponding provision of law not having been in force in the old hyderabad state at the relevant time, the rule laid down by that article was inapplicable to the facts of the present case. ..... it also came to the conclusion that in view of article 47 of the limitation act, the plaintiff should have filed the suit within 3 years from the date of the order made by the criminal court ordering delivery of possession of the suit properties to the defendants.4. ..... if that is so, his claim is clearly barred under article 142 of the indian limitation act.9. ..... the only relevant point for determination was the question of adverse possession pleaded by the defendants and not the proof of plaintiff's possession within 12 years from the date of suit as required by article 142 of the indian limitation act. .....
Tag this Judgment!Court : Karnataka
Reported in : [1964]51ITR790(KAR); [1964]51ITR790(Karn)
..... down in the judgment, the learned judge proceeded to observe as follows : 'the nature of a hindu undivided family was perfectly well known to the legislature when the income-tax act was drafted, and it was well known that the expression 'hindu undivided family' includes females, and is much wider than the expression 'coparcenary' which includes only the males in ..... the assets, wherever located, belonging to the assessee on the valuation date, including assets required to be included in his net wealth as on that date under this act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date other than, - (i) debts which under section 6 are not to be taken into account; ..... to pay the amount which may be found due, by an arbitrator, on taking accounts between the parties is not a promise to pay a 'debt' within the meaning of section 25 of the indian contract act, the amount not being a liquidated sum. 25. ..... ' on a claim of estate duty in respect of the father's estate in ceylon, the privy council held that the father was at his death a member of a hindu undivided family, the same undivided family of which his son, when alive, was a member, and ..... that of the privy council in attorney-general of ..... that the decision of the privy council in attorney-general of ceylon v. ..... to follow the decision of the privy council in kalayanji vithaldas v. ..... and contended that the reliance placed by the department upon the decisions of the privy council in kalyanji vithaldas v. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant159; AIR1964Mys159; (1963)2MysLJ383
..... a.3-167-59-60 dated 25th june 1959 the first respondent-university of mysore through its registrar invited applications from duly qualified candidates of indian nationality for appointment in respect of six posts of professors and twelve posts of readers in various subjects of study the posts included one post of professor of physics and three posts of readers ..... if he seeks the issue of a writ of mandamus to a statutory body functionary 01 other authority to do or to forbear from doing a particular act, he has necessarily to make out that he has a certain right by virtue of which he is entitled to a particular act being done by that body, functionary or authority or to require that the said body, functionary or authority shall not do a thing which may prejudicially ..... out that by virtue of section 20 read with clause (e) of section 41 of the mysore university act, 1956, qualificationsof teachers of the university could be prescribed only by the syndicate promulgating an ordinance prescribing ..... . indeed, no purpose will be served by the provision of, section 26 (2) for selecting two specialists to act as members of the board of appointments if all that has to be done in the matter of selection is to see whether the candidates have the minimum qualifications ..... ., -(a) the senate, (b) the syndicate, (c) the academic council, (d) the faculties, (e) the boards of studies, (f) the board of appointments, (g) the committee of finance, and (h) such other bodies as may be declared by .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant250; AIR1964Mys250; (1963)2MysLJ1
..... into our country during the seventeenth and eighteenth centuries and that with appropriate modifications, those rules became part of the fabric of modern indian law and that even when there was a codification of some of the laws of out country the codes did no more than to assemble those rules ..... the victimisation of an innocent person discovered impregnable to blandishment and influence in the performance of governmental duty and the chain of events culminating in the commission of the alleged act of misconduct are in the main some of those matters towards which the disciplinary authority should unfailingly project its mind to aid its decision on the appropriateness of the request for counsel.57. ..... the parties may have a professional assistant, to confer and consult with, but not to interfere in the course of the proceedings, no person has a right to act as an advocate without the leave of the court, which must of necessity have the power of regulating its own proceedings in all cases where they are not ..... claimed for the petitioner is the familiar rule of english common law that every personwho 13 sui juris has the common law right to appoint an agent to act on his behalf and that suchappointment for the exercise of a statutory rightis permissible unless the statute creating the rightdirects its personal exercise by the person on whomit ..... municipal president and a sitting counselor of the town municipal council of molakalmuru gave evidence that at the time of the incident .....
Tag this Judgment!Court : Karnataka
Reported in : (1963)IILLJ694Kant
..... of counsel producing miscarriage of justice, the probability of a conspiracy for the victimization of an innocent person discovered impregnable to blandishment and influence in the performance of governmental duty and the chain of events culminating in the commission of the alleged act of misconduct are in the main some of the those matters towards which the disciplinary authority should unfailingly project its mind to aid its decision on the appropriateness of the request for counsel. 63. ..... -known that english common law rules were progressively introduced into our country during the seventeenth and eighteenth centuries and that with appropriate modification, those rules became part of the fabric of modern indian law and that even when there was a codification of some of the laws of our country the codes did no more than to assemble those rules with appropriate changes. ..... what can sustain the absolute right to representation claimed for the petitioner is the familiar rule of english common law that every person who is sui juris has the common law right to appoint an agent to act on his behalf and that such appointment for the exercise of a statutory right is permissible unless the statute creating the right directs its personal exercise by the person on whom it is conferred. 15. ..... 5, a former municipal president and a sitting councillor of the town municipal council of molakalmuru, gave evidence that at the time of the incident, far from the petitioner receiving a bribe from p.w. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant247; AIR1964Mys247; (1964)1MysLJ183
..... by section 198 of the code of criminal procedure only upon a complaint made by a person aggrieved by such offence who could only be one of the two spouses affected by the act of bigamy, what in my opinion cannot be controverted is that the purpose of section 5(1) of the hindu marriage act was to create an obligation between the two spouses each of whom was prohibited against taking another wife or husband as the case may be while there is a spouse living. ..... hindu marriage act being an exhaustive code regulating all matters arising out of a marriage between two hindus, the only course which was open to the plaintiff in this case was to wait until the defendant had committed an act of bigamy and then to make an application for a declaration that the marriage was void or to prosecute the defendant for an offence punishable under section 494 of the indian penal code. ..... in this case is whether the plaintiff could not bring her suit when she discovered, according to her allegation, her husband embarking upon an act of bigamy, to restrain him from transgressing the provision of the hindu marriage act by committing an offence punishable under section 494 of the indian penal code. 8. ..... of the act declares that any marriage between two hindus solemnized after the commencement of the act is void if at the date of such marriage either party had a living spouse, and that such person who contracts such marriage renders himself liable to punishment under sections 494 and 495 of the indian penal cede .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant75; AIR1964Mys75
..... up proceedings.on the basis of information gathered from certain reports concerning the affairs of that company, the official liquidator made an application under section 235 of the indian companies act, 1913 (central act vii of 1913), hereinafter referred to as 'the act', read with section 45-h cf the banking companies act, 1949, to examine into the conduct of 14 respondents named therein and direct them all or such of them as the court may determine to be liable ..... act, 1956, corresponds to section 202 of the article it is not disputed that the matter is governed by the indian companies act, 1913 since the winding up was commenced before the commencement of the companies act ..... neither section 202 nor section 4 restricts the right of appeal to orders that would amount to judgments.the official liquidator contended that section 4 cannot be relied upon since the mysore high court act is an enactment of the state legislature made in exercise of the power conferred by entry 65 of list 11 of schedule vii of the constitution of india and matters relating to winding up of companies are within ..... the said cases, however, are of no assistance since the power of summoning the officers of the company in those cases was exercised under section 115 of the english companies act corresponding to section 195 of the act.shri karanth cited some cases of the english courts wherein it is observed that justice is best done by a judge who holds a balance between the contending parties without himself .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant235; AIR1964Mys235; [1964]52ITR625(KAR); [1964]52ITR625(Karn)
..... therein their lordships held that:'in order to sustain a claim for the allowances of initial depreciation under the second paragraph of section 10 (2) (vi) of the indian income-tax act, and additional depreciation under section 10(2)(vi)(a) machinery must be regarded as a unit; spare parts, however costly they may be, should not be regarded as objects of ..... down that:'the word 'machinery' must be given the same meaning with reference to each of the provisions, namely, the first and second paragraphs of section 10(2)(vi) and section 10(2)(vi)(a) of the income-tax act; what is machinery for the purpose of normal depreciation under the first paragraph of section 10(2)(vi) should continue to be machinery also for the additional allowances under the second paragraph of section 10(2)(vi) and section 10(2)(vi) ..... on a reference: held, (i) that a diesel engine was by itself 'machinery' within the meaning of section 10 (2) (vi) and (vi-a) of the income-tax act and continued to be machinery even after it was made an integral part of the assessee's bus and the assessee was therefore entitled to all the three classes ..... is not defined in the act, the privy council in corporation of calcutta v. ..... (2) (vi) (b), it is clear that a'machinery' must be something different from a 'plantwhich means that it need not be a self-contained unit.i agree that it is hazardous to define that expression.1 shall be content to borrow the explanation given by theprivy council in, ilr 49 cal 190 : air 1922 pc 27,i.e. .....
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