Court : Kolkata
Decided on : Jan-03-1957
Reported in : AIR1957Cal240
ORDERP.B. Mukharji, J. 1. This is an application by seven persons' (1) Leonard Henry George Mazotti, (2) HenryTwiggs Tribble, (3) Kenneth Lloyds Lancashire,. (4) Percy Frederick Cannier, (5)-William LensonArnold Derby, (6) Leonard Ernest Hart, and (7)Anthony Eugine Myddelton Gale under the IndianArbitration (Protocol and Convention) Act of 1937.It invokes Section 3 of the Indian Arbitration (Protocol and Convention') Act of 1937 for stay of a pending suit in this Court. 2. The matter relates to an Arbitration Agreement said to be contained in the Policy of Marine Insurance dated the 1st April, 1953 issued in favour of Metemicals Ltd., by Lloyds underwriters to cover certain risks for shipment. 3. In this application the petitioners want to stay the suit No. 1337 of 1956 instituted in this Court oh or about the 16th May, 1956. 4. I have come to the conclusion that this application must fail on many grounds. 5. My first reason is that this suit was instituted by the plaintiff Shree Bajra...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-1957
Reported in : AIR1957P& H288; [1957]32ITR3(P& H)
Bhandari, C.J.1. The following question has been referred to us under Section 66 (1) of the Income Tax Act namely-'Whether the admission fee of members or authorised, assistants received by the assessee is taxable income in its hands?'2. The assessee in this case is the Delhi Stock Exchange Association Limited, Delhi. It was incorporated in the year 1946 to acquire and take over as a going concern activities, functions and business of the Delhi Stocks and Shares Exchange Limited and the Delhi Stock and Share Brokers Association. Limited and to promote and regulate the business of exchange of stocks and shares. It commenced business on the 1st March, 1948. The membership is limited, by the number of shares issued by the Company since every-member has to be a shareholder. A member is entitled to nominate not more than two persons as his authorised assistants or agents and one person as his authorised clerk on payment of a registration fee of Rs. 125/-for each nomination. Monthly and othe...
Tag this Judgment!Court : Chennai
Decided on : Jan-25-1957
Reported in : AIR1957Mad610
Rajagopala Ayyangar, J.1. The point that is involved in this Letters Patent Appeal, which is directed against the judgment of the learned Chief Justice in Civil Misc. Appeal No. 306 of 1956 (A) is a very short one, namely, as to what passed to a purchaser under a court sale in execution of the mortgage decree in O. S. No. 117 of 1949 on the file of the Subordinate Judge of Salem.2. The appellant before us is the Indian Insurance and Banking Corporation Ltd,, Salem. This concern had lent to one Paramasiva Miidaliar Rs. 45,000 and Rs. 20,000 under two deeds of mortgage dated 11-8-1947 and 25-3-1948 respectively. The mortgagor borrowed this money in order to put up certain constructions on his land bearing municipal S. No. 222/B/1 in Salem for housing a cinema theatre. The mortgage of 1948 was a second mortgage on the same security and the description of the security which is relevant to this appeal ran in these terms:''......and the new tiled building thereon Municipal S. No. 222-B-1 tog...
Tag this Judgment!Court : Chennai
Decided on : Jan-25-1957
Reported in : (1957)2MLJ256
Rajagopala Ayyangar, J.1. The point that is involved in this Letters Patent Appeal, which is directed against the Judgment of the learned Chief Justice in C.M.A. No. 306 of 1956 is a very short one, namely, as to what passed to a purchaser under a Court sale in execution of the mortgage decree in O.S. No. 117 of 1949 on the file of the Subordinate Judge of Salem.2. The appellant before us is the Indian Insurance and Banking Corporation, Limited, Salem. This concern had lent to one Paramasiva Mudaliar Rs. 45,000 and Rs. 20,000 under two deeds of mortgage, dated nth August, 1947 and 25th March, 1948 respectively. The mortgagor borrowed this money in order to put up certain constructions on his land bearing Municipal S. No. 222/B/1 in Salemfor housing a cinema theatre. The mortgage of 1948 was a second mortgage on the same security and the description of the security which is relevant to this appeal ran in these terms:.and the new tiled building thereon Municipal S. No. 222 -B-1 together ...
Tag this Judgment!Court : Kolkata
Decided on : Feb-22-1957
Reported in : AIR1957Cal234
ORDERP.B. Mukharji, J.1. This is an application by the Indian Iron & Steel Co. Ltd. seeking the Court's confirmation of the alteration of the Memorandum of Association of the company effected by the Special Resolution passed on 7th' December, 1956 at a general meeting of its shareholders. The Special Resolution is carried by the requisite majority.2. The Special Resolution reads as follows : ''That Sub-clause 3 (16) of the Memorandum of Association of the company be deleted and substituted by the following two sub-clauses.16(a) To subscribe, contribute or guarantee money for any national, charitable, benevolent, political, public, general or useful object or funds or for any exhibition.16(b) To establish and support or aid in the establishment and in support of associations, institutions, funds, trusts and conveniences calculated 'to benefit persons who 'are or have been employed by or who are serving or have served the company or its predecessors-in-business or the dependents, connect...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-11-1957
..... corporations to any political committee or for any political purpose should be forbidden by law; directors should not be permitted to use stockholders' money for such purposes; and, moreover, a prohibition of this kind would be, as far as it went, an effective method of stopping the evils aimed at in corrupt practices acts." 40 cong.rec. 96. grist was added to the reformers' mill by the investigation of the great life insurance ..... 232 , invalidating federal regulation of senate primary elections, led to the federal corrupt practices act of 1925, 43 stat. 1070, a comprehensive revision of existing legislation. the debates preceding that act's passage reveal an attitude important to an understanding of the course of this legislation. thus, senator ..... section 304 of the labor bill introduced into the house by representative hartley in 1947, like the ellender bill, embodied the changes recommended in the reports of the senate and house committees on campaign expenditures. it sought to amend 313 of the corrupt practices act to proscribe any "expenditure" as well page 352 u. s. 583 as "any contribution," to make permanent 313's application ..... 1956 decided march 11, 1957 352 u.s. 567 appeal from the united states district court for the eastern district of michigan syllabus 18 u.s.c. 610 prohibits any corporation or labor organization from making "a contribution or expenditure in connection with" any election for federal office. an indictment of appellee, a labor organization, under this section .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-21-1957
Reported in : AIR1957All472
V. Bhargava, J.1. These two references arise out of proceedings for assessment of income-tax of Pt Shri Ram Jha, who was assessed in the status of a Hindu undivided family. Pt. Shri Ram Jha died during the pendency of these references in this Court and is now represented by Dr. Krishna Ram Jha, who succeeded as Karta of the family. The proceedings relate to the two assessment years 1946-47 and 1947-48. The Hindu undivided family included within it the three brothers Pt. Shri Rani Jha, Dr. Krishna Ram Jha and Mr. Hari Ram Jha. Their father had purchased certain shares out of which 100 shares of the Burakar Goal Company of the face value of Rs. 51 each were inherited by these three brothers in the year 1914, on the death of their father. The Hindu undivided family also purchased 100 further shares of the same Company on the 21st September 1921.During the previous year corresponding -to the assessment year 1947-48, the 200 shares of Burakar Coal Company were sold at the rate of Rs. 62-12 ...
Tag this Judgment!Court : Allahabad
Decided on : Mar-21-1957
Reported in : [1957]31ITR987(All)
BHARGAVA, J. - These two references arise out of proceedings for assessment of income-tax of Pt. Shri Ram Jha, who was assessed in the status of a Hindu undivided family. Pt. Shri Ram Jha died during the pendency of these references in this Court and is now represented by Dr. Krishna Ram Jha, who succeeded as karta of the family. The proceedings relate to the two assessment years 1946-47 and 1947-48. The Hindu undivided family included within it the three brothers, Pt. Shri Ram Jha, Dr. Krishna Ram Jha and Mr. Hari Ram Jha. Their father had purchased certain shares out of which 100 shares of the Burakar Coal Company of the face value of Rs. 51 each were inherited by these three brothers in the year 1914, on the death of their father. The Hindu undivided family also purchased 100 further shares of the same company on the 21st September, 1921. During the previous years corresponding to the assessment year 1947-48, the 200 shares of Burakar Coal Company were sold at the rate of Rs. 62-12-...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-08-1957
Benz v. Compania Naviera Hidalgo, S.A. - 353 U.S. 138 (1957) U.S. Supreme Court Benz v. Compania Naviera Hidalgo, S.A., 353 U.S. 138 (1957) Benz v. Compania Naviera Hidalgo, S.A. No. 204 Argued March 6, 1957 Decided April 8, 1957 353 U.S. 138 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Labor Management Relations Act of 1947 does not apply to a controversy involving damages resulting from the picketing of a foreign ship operated entirely by foreign seamen under foreign articles while the vessel is temporarily in an American port, though American unions to which the foreign seamen did not belong participated in the picketing, and the Act therefore does not preclude a remedy under state law for such damages. Pp. 353 U. S. 138 -147. (a) Congress could have made the Labor Management Relations Act applicable to wage disputes arising on foreign vessels between nationals of other countries when the vessel comes within territorial waters of...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-1957
Reported in : AIR1957SC699; (1957)59BOMLR945; (1957)35MysLJ(SC)283; [1957]1SCR874
Das, C.J.1. This is an appeal by the State of Bombay from the judgment and order passed on January 12, 1955, by the Court of Appeal of the High Court of Judicature of Bombay confirming, though on somewhat different grounds, the judgment and order passed on April 22, 1954, by a single Judge of the said High Court allowing with costs the present respondents' petition under Art. 226 of the Constitution of India. The said petition was presented before the High Court of Judicature at Bombay on December 18, 1952. In the said petition there were two petitioners who are now the two respondents to this appeal. The first petitioner is an individual who claims to be a citizen of India and the founder and Managing Director of the second petitioner, which is a company incorporated in the State of Mysore and having its registered head office at 2, Residency Road, Bangalore in that State. That petition was further supported by an affidavit sworn by the first petitioner on the same day. 2. The allegat...
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