Court : Delhi
Decided on : Apr-06-1967
Reported in : [1968]68ITR159(Delhi)
..... of greater value than that for which it was bartered. i appreciate the strength of this argument, and i am nto surprised at the perplexity in which the judges have found themselves, but the wholly different character of the businesses, the uncertainty of values in dealing with a traders stock, and the probability that articles exchanged in ..... the 744 bonus shares, alltoted to the minor, could be included in the ttoal income of the assessed under section 16(3) (a) (iv) of the income-tax act. dealing with that question, shah j. observed thus :&quto;.... in our judgment, the source of the dividend income from the bonus shares is nto the assets transferred but ..... biscuit co. ltd., calcutta, belonging to the assesseds wife is assessable in the hands of the assessed under section 16(3) (a) (iii) of the indian income-tax act, 1922 ?&quto;the facts material for the purpose of deciding this reference are these :on november 10, 1942, the assesseds wife, smt. kailashwati khanna, purchased out of her .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1967
Reported in : 1968CriLJ1378; (1968)1MLJ274
..... been procured by the respective societies from their grower members and had been exported by them.3. on these facts 12 persons were tried by the learned additional sessions judge, coimbatore. the first accused was the manager of the coimbatore central co-operative stores; accused 2 was the secretary of the coimbatore central co-operative stores; accused ..... consideration are said to have been committed, would not make any difference and the accused would still be punishable. that is the effect of the decision in air 1968 so 1470 which approved of the view of the bombay high court in the decision in state v. abdul aziz air 1962 bom 248, in preference to the ..... also be subject to such conditions as may be imposed by the state governments or any of the officers under their control. neither the imports and exports (control) act, 1947 nor the exports (control) order, 1962, enables the state governments or any of the officers under their control to impose any restrictions. restrictions of the kind .....
Tag this Judgment!Court : Chennai
Decided on : Mar-30-1967
Reported in : (1968)1MLJ265
..... be an aggrieved person entitled to maintain a writ petition challenging the grant of a new permit in the area. the learned judge is also of the view that as there was no provision in the act for enabling an existing rice mill-holder to make representations or to be heard and as his rights are not affected, ..... the function of the licensing authority cannot be described as quasi-judicial one. the learned judge has referred in this connection to lakshmi ammal v. vaithilingam ..... call for the records so that this court may be satisfied that the power under section 5 has been justly and reasonably, and not arbitrarily exercised....the learned judge examining the records, found that investigation was made into the specified matters that the authority was satisfied that there was enough surplus paddy in the neighbourhood to justify .....
Tag this Judgment!Court : Chennai
Decided on : Apr-05-1967
Reported in : (1968)1MLJ337
..... retrospective intention must automatically follow. he has only stated that a retrospective intention was likely. in fact, in the subsequent passages of the report the learned judge assumed the contrary position for the sake of argument, and proceeded to discuss the effect of the amendment therefore, it cannot be held in the present case ..... repayment of duty already paid by application to the authorities other than section 40. therefore, the authority to whom the application is made must necessarily act under section 40 and that section contains the important restriction that the claim for repayment should be made within three months from the date of payment. ..... three months of the date of the collection of excise duty, namely, 5th august, 1961, the application was barred under section 10 of the sea customs act. the petitioner appealed to the first respondent, collector of customs, who also dismissed the application, confirming the finding of the assistant collector. against there decisions, .....
Tag this Judgment!Court : Chennai
Decided on : Dec-15-1967
Reported in : [1968]70ITR737(Mad)
..... demand and it is only very rarely that individual assessments are passed and separate notices of demand are issued.'as a matter of fact, majority of the judges of the full bench of the allahabad high court in kailash nath bhargava v. commissioner of income-tax, had to consider this aspect. the following observation ..... of the individual and therefore, there is no obligation cast upon the applicant in each of these cases whose exigibility to tax has been so determined, to act under section 18a(3). analogies are sought from assessment proceedings against an agent of a non-resident principal and the assessment proceedings against the legal representatives of a ..... coparcener, as the applicants are, could be treated in pari materia with the legal representative of a deceased assessee liable to tax under section 24b of the act.mr. balasubrahmanyan, learned counsel for the revenue, drew our attention to several decided case, a few of which throw considerable light on the subject under discussion. .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-05-1967
Reported in : AIR1968Cal503,72CWN218,[1968]69ITR833(Cal)
..... to the amount of foreign income included in the pakistan assessment, and this alone falls to be considered.12. for the reasons aforesaid, we find that the learned judge in the court below has rightly quashed the assessment. the income-tax officer will accordingly proceed to recalculate the abatement on the principles indicated in our judgment.13. the ..... 4. it is necessary now to come to the facts of this case. a bank called the imperial bank of india was constituted under the imperial bank of india act (act 47 of 1920) and took over the undertaking of the then existing presidency banks at bombay, madras and calcutta. the said imperial bank of india, had numerous ..... bank of india for the year 1947-48. in that year, the said imperial bank of india was resident both in india and pakistan. consquently, under the said act, the income accruing in both the countries, together with foreign income outside the countries were included in the 'world income' of the assessee. we are concerned in this .....
Tag this Judgment!Court : Kolkata
Decided on : May-24-1967
Reported in : [1968]67ITR761(Cal)
..... the correctness of the said judgment by preferring an appeal to the high court at calcutta. the high court, by a majority, agreed with the small causes judge dismissing the appeal. thus, the matter went before the supreme court. in dismissing the appeal, the supreme court observed :'the word reasonably in the section ( ..... meaning section 127 (a) of the calcutta municipal act) throws further light on this interpretation. the word reasonably is not capable of precise definition. reasonable signifies in accordance with reason. in the ultimate analysis it ..... from certain observations by shelat j., in raghubans narain singh v. uttar pradesh government, made in the context of determination of compensattion under the land acquisition act, 1894. he next contended that the expression 'open market' meant a hypothetical market in which everybody had a right to make an offer for purchase of .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-09-1967
Reported in : [1968]69ITR631(Cal)
..... it was necessary that income-tax officers should be armed with sufficient power to remedy the evil. i respectfully agree with the observations of the learned judges mentioned above. i shall, however, revert to this contention of the learned advocate-general later in this judgement.the learned advocate-general next proceeded to ..... were forged to prove that transferable specific delivery contracts were duly registered by the exchange. written complaints were received by the department that the petitioners were acting in collusion and in conspiracy with other for diverting profits. it is on these materials, the learned advocate general argued that the commissioner of income ..... barium chemicals limited v. company law board. in that case the supreme court considered that the effect of clause (b) of section 237 of the companies act, 1956. clause (b) leaves the direction of an investigation to the subjective satisfaction of the central government. after considering the question with the intention of .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-06-1967
Reported in : AIR1969Cal397,73CWN802
..... imam's case, : 1966crilj189 the supreme court relied solely on the fact that clause (3) of the scheme made under the dock workers (regulation of employment) act, 1948, provided for an inquiry. it will be evident from the following observation that the court (speaking through gajendragadkar, c. j.) relied on the principles of natural justice as an additional and ..... principles of natural justice, then that appears to me impossible to reconcile with the earlier authorities' (p. 77, h). from an examination of the judgments of all the judges in the case of the electricity commissioners, lord reid pointed out that they 'inferred the judicial element from the nature of the power' (p. 78, d).the greatest ..... khusaldas' case, : [1950]1scr621 just as little remains of the similar part of nakkuda ali's case, 1951 ac 66 after the open denunciation thereof by lord reid in 1968-2 all er 66 (80) and the obiter of lord hodson (p. 115, b) that the decision in nakkuda's case, 1951 ac 66 should be kept confined .....
Tag this Judgment!Court : Gujarat
Decided on : May-04-1967
Reported in : (1968)9GLR1
..... the interpretation which appealedto the division bench, states"...on the plain language of the section itself that view would appear to be correct. "still later on, the learned judge says "the words of the section as they stand seem to me to imply no such restriction. "now, in our judgment, though this authority has considered the main ..... , ordinarily, unless the legislature has provided to the contrary, every citizen has a right to approach a criminal court to make a complaint in regard to a criminal act. to put the same idea another way, every criminal court has got jurisdiction to take cognizance of a criminal offence, whatever may be the source from which the ..... c) of sub-section (1), the term 'court' includes a civil, revenue or criminal court, but does not include a registrar or sub-registrar under the indian registration act, 1877. (3) for the purposes of this section, a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from the appealable decrees or .....
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