Court : Karnataka
Reported in : [1964]51ITR339(KAR); [1964]51ITR339(Karn)
..... contention that when an assessment is made in respect of an income arising from trust property the same is done either under section 3 or under section 10 of the 'act' and that section 40 is merely a machinery section is irrelevant for our present purpose, and, therefore, i do not think that the decision in hotz trust of ..... under the indian trusts act, he is ..... according to the assessee, the present case is governed by section 3 of the 'act' and computing the assessment income, the income of several beneficiaries must be treated separately, whereas according to the department, the facts of this case fall within the scope of the first proviso to ..... for the assessment year 1955-56, a return under section 22 (1) of the 'act' was submitted on december 15, 1955, by the aforementioned rajamannar chetty in his individual capacity declaring a total ..... above, our answer to the questions referred to us is that, on the facts and in the circumstances of the case, the first proviso to section 41 (1) of the 'act' had been rightly applied. 20. ..... the income derived from the land comprised in the trust to the extent of the annuity payable to him, the beneficiaries could not be said to be jointly interested in such land; and, therefore, section 11 (1) of the act did not apply. ..... agricultural income-tax act, 1948, which reads : 'where any person holds land, from which agricultural income is derived, as a common manager appointed under any law for the time being in force or under any agreement or as receiver .....
Tag this Judgment!Court : Karnataka
Reported in : [1964]51ITR479(KAR); [1964]51ITR479(Karn)
..... section 60(1) of the indian income-tax act empowered the governor-general in council (subsequently changed to the central government) to make exemptions, ..... the interest on mysore durbar securities had been rightly held to be chargeable to super-tax under the indian income-tax act for the assessment years 1954-44 and 1956-57. ..... action under section 34(1) for the purposes of making reassessment for the assessment year 1954-55 has been validly made (ii) whether interest on mysore durbar securities has been rightly held to be chargeable to super-tax the indian income-tax act, 1922, for assessment years 1954-55 and 1956-57 ?' 21. ..... effect of this notification was that the interest on mysore durbar securities was totally exempt under the indian income-tax act in the hands of the holder of mysore durbar securities, i.e. ..... section 34(1) for the purposes of making reassessment for the assessment year 1954-55 has been validly made (2) whether interest on mysore durbar securities has been rightly held to be chargeable to super-tax under the indian income-tax act for the assessment years 1954-55 and 1956-57 ?' 2. ..... in this reference, under section 66(1) of the indian income-tax act, 1922, the income-tax appellate tribunal (bombay bench 'b') has referred two questions of law ..... (3) after the commencement of the indian income-tax (amendment) act, 1939, the power conferred by sub-section (1) shall not be exercisable except for the purpose of rescinding an exemption, reduction or modification already made .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant260; AIR1962Mys260
..... the petitioners who were the shroffs in davangere, assail the validity of the order of confiscation, under section 167 (8) of the sea customs act read with section 23-a of the foreign exchange regulation act, 1947, made by the collector of central excise, bangalore, in his d b. ..... section 178-a into the sea customs act, which provision reads:where any goods to which this section applies are seized under this act in the reasonable belief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be on the person from whose possession the goods were seized.the validity of this ..... under section 172 of the sea customs act any magistrate may on application by customs-collector stating his belief that dutiable or prohibited goods (or any documents relating to such goods) are secreted in any place within the local limits of the jurisdiction of such magistrate ..... this is a petition under article 226 of the indian constitution. ..... he is not bound by any procedure laid down by the code of criminal procedure or by the rules of evidence as found in the evidence act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant16; AIR1964Mys16; (1963)1MysLJ360
..... krishna kumar, ilr 14 cal 147, which was decided under the old limitation act but under one or other of the articles corresponding to the present articles 89 and 120, the privy council ordered an account to be taken of an agency for the whole period of the agency, amounting to ..... not been disputed before us by the learned counsel both for the appellant and the respondent that the article which is applicable to the facts of the case is article 120 of the limitation act and, in our view this position now seems to be well settled, vide bolo v. ..... there, relying upon air 1922 mad 150 (fb), held that the article of the limitation act which applied to the facts of the case was article 120. ..... there is no specific provision in the indian law on this point an* the question has gat to be answered on general principles of equity, justice ..... the right to sue accrues' came for interpretation as early as in the year 1930 by their lordships of the privy council in the case reported in . ..... decision of the supreme court, reported in : [1960]2scr253 , while considering what is the starting point of limitation under article 120, their lordships, in terms, followed three privy council decisions viz. . ..... now, article 120 of the limitation act is a residuary article and it prescribes a limitation of six years for a suit for which no period of limitation is provided elsewhere ..... with advantage, refer to the words appearing in the third column of articles 88 and 89 of the limitation act relating to a suit for accounts. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys171
..... not disputed that the notice to be delivered under the provisions of this article to defendant 2, was delivered to him before the institution of the suit and the submission made is that since the act against which the plaintiff complains was done by defendant 2 in his personal capacity, although defendant 2 when the suit was brought was the governor of the new state of mysore, it was permissible for ..... it was urged that section 87b had application only to a ruler of a former indian state who was not appointed to a gubernatorial office after he ceased to be such ruler and that if on the contrary he was appointed to such post after he ceased to be such ruler, the only provision regulating a suit which may be brought against him in respect of an act done by him in his personal capacity was article 361(4) of the constitution, and that such ..... the resultant position therefore is that when the ruler of a former indian state is sued and the suit relates to an act done by him in his personal capacity what should be done before he is sued if he is the governor of a state when he is so sued is that he should be delivered the notice referred to in article 361(4) of the constitution and in addition, ..... constitution which requires a notice to be delivered to a governor before he is sued in respect of an act done by him in his personal capacity has application to all cases in which a governor is sued in that way irrespective of the fact whether he was or was not the ruler of a former indian state. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1962KAR500; [1963]50ITR467(KAR); [1963]50ITR467(Karn)
..... a little lower 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 'coparcenery' which includes only the males in whom the ..... are : '(i) whether a sole male surviving coparcener of the hindu joint family, his widowed mother and sisters constitute a hindu undivided family within the meaning of the income-tax act (ii) whether the assessment of the income in the hands of the hindu undivided family was correct (iii) whether the appellate assistant commissioner was entitled to correct the status ?' ..... ground for arriving at that conclusion, since the meaning of the two expressions was well known when the act was drafted, and the legislature has thought fit to use the wider expression rather than the narrower one. ..... instance of the assessee, the income-tax appellate tribunal (madras bench) has referred to this court under section 66(1) of the indian income-tax act, 1922, to be referred to hereinafter as the act, the following question of law.2. ..... under section 3 of the indian income-tax act, the liability to pay tax is charged not only on the income of ..... disagreed with the view of the calcutta high court as regards the meaning to be given to the expression 'hindu undivided family' found in section 3 of the indian income-tax act, 1922. .....
Tag this Judgment!Court : Karnataka
Reported in : (1963)IILLJ682Kant; (1963)1MysLJ395
..... 1159 : 'when therefor the legislature thought fit to remove the protection from the public servants in so far as it relates to the investigation of the offences of corruption comprised in the act, by making them cognizable, it may be presumed that it was considered necessary to provide a substitute safeguard from undue harassment by requiring that the investigation is to be conducted normally by a police officer of a ..... it is well-settled that when a magistrate is approached for granting permission to lay a trap or to investigate a case under the prevention of corruption act, he is expected to satisfy himself that there are good and sufficient reasons for authorizing an officer of a rank lower than the designated officer to ..... 164 or 165 of the indian penal code (act 45 of 1960) or under ..... 161, 165 or 165a of the indian penal code (45 of 1860) or under sub-section ..... of the indian penal code ..... of the indian penal code ..... 109 of the indian penal code, were framed against the second accused on ..... of the indian penal code ..... 161 of the indian penal code were framed against the appellant ..... of the indian penal code ..... of the indian penal code ..... 161 of the indian penal code and six months' simple imprisonment and ..... of the indian penal code ..... 161, indian penal ..... 5 of the prevention of corruption act, observed as follows in the course of their judgment : 'if it was in the interest of the public that corruption should be eradicated, it was equally in the interest of the public that honest public servants should be able .....
Tag this Judgment!Court : Karnataka
Reported in : [1963]49ITR471(KAR); [1963]49ITR471(Karn)
..... assessee, the income-tax appellate tribunal (hyderabad bench) has referred to this court under section 66(1) of the indian income-tax act, 1922, the question 'whether on the facts and in the circumstances of the case, the sum of ..... learned counsel for the assessee, that we should differentiate between the value of dollars in terms of indian rupee when they were originally received and their appreciated value has no justification in the language of ..... whether the amount in dispute can be said to fall within the exemption provided in section 4(3)(vii) of the indian income-tax act, 1922, as it stood on the relevant date. ..... stand that though the accretion in question is an accretion to the revenue assets of the company, the same having not been produced by 'an act done in what is truly the carrying or carrying out of a business' is exempt from tax. 10. ..... the assessee is that though the dollar holdings in question were built up in the course of business, its appreciation in value in terms of indian rupee cannot be said to be 'receipts arising from business. ..... from the decision of the privy council in punjab co-operative bank ltd. ..... of the securities of the bank are realised in order to meet withdrawals by depositors, it seems to their lordships to be quite clear that this is a normal step in carrying on the banking business, or, in other words, that it is an act done in 'what is truly the carrying on' of the banking business. ..... kind of receipt was considered by the privy council in the king v. b. c. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys64; ILR1962KAR567
..... sections 59 to 61 of the indian contract act deal with the appropriation of payments. ..... in this case, the appropriation is made by the very act of setting off the two items against each other and communicating it to the plaintiff, the debtor.9. ..... with effect from 1-9-1956 this company was taken over by the life insurance corporation under the life insurance corporation act, 1956. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys113; (1963)1MysLJ381
..... there is nothing helpful to the respondent in the decision of the privy council in ilr 27 mad 143 (pc) to which i have already made a reference ..... it is obvious that in a case of the present type, the plaintiff would not have been able to institute any suit for recovery of enhanced rent, in view of the provisions of section 6 of the rent control act, until after he had obtained the order of the additional district judge permitting him to recover rs. ..... it was held that the question as to whether his right to sue for arrears of rent was barred under article 110 of the act would depend upon the decision as to when the time began to run against him. ..... brought this appeal to this court and contended that his entire claim should have been decreed and the courts below had erred in interpreting the scope and the meaning of article 110 of the indian limitation act.4. ..... in that case their lordships clearly laid down that the claim for recovery of rent or arrears thereof under the madras revenue recovery act 18s5 becomes due only when the same !s ascertained.10. ..... as has been explained by the judicial committee of the privy council in rangayya appa rao v. ..... the court held that in view of the statutory obligation, no portion of the claim was barred by time whether under article 110 or article 120 of the indian limitation act. ..... section 10 of the west bengal premises rent control act, 1950, imposed a statutory obligation on the tenant to pay standard rent from the date specified in the order fixing such rent .....
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