Court : Kolkata
Decided on : Jan-29-1969
Reported in : AIR1970Cal193
K.L. Roy, J.1. This is a suit by the plaintiff firm against the Life Insurance Corporation of India for arrears of remuneration or in the alternative for damages in respect of an agreement Between the plaintiff firm and Aryya Insurance Company Limited. The case for the plaintiff is that on or about the 1st June. 1954 Aryya Insurance Company Limited appointed the plaintiff firm as its special representative for the purpose of introducing persons willing to act as insurance agents of the company. It was further agreed that on the acceptance by the company and appointment of any such persons as its agents the plaintiff guaranteed that insurance business worth at least Rupees five lacs annually would be procured by such agents yielding a premium collection of about Rs. 20,000/-, and in consideration thereof the plaintiff firm would be entitled to an allowance of Rs. 200/- per month and in addition a flat rate of commission of 65 per cent on the first year's premium collection including age...
Tag this Judgment!Court : Kolkata
Decided on : Apr-01-1969
Reported in : [1971]80ITR408(Cal)
..... with reference to declaration of dividends or bonus shares in an earlier year.20. the relevant provisions of paragraph d of part ii of the first schedule to the finance act, 1959, is as follows :'in the case of the life insurance corporation of india established under the life insurance corporation act, 1956 (xxxi of 1956),-- rate of super-tax on the whole of its profits and gains from life insurance business 11% in the case of every other company,-- rate of super-tax on the whole of the total income 50% provided that,-- (i) a rebate at the ..... to the standing provisions of the act but the payability and the quantification of the tax depend on the passing and the application of the annual finance act, thus, income is chargeable to tax independent of the passing of the finance act but until the finance act is passed no tax can be actually levied.'15. the close connection between the income-tax act and finance act is further evident from the provisions of section 294 of the income-tax act of 1961 corresponding to section 67b of the act of 1922. section 294 runs thus :' ..... refer to a decision of the madras high court in papanasam mills co. (private) ltd., v. commissioner of income-tax, [1961] 43 i.t.r. 53 (mad.). the madras high court has said the provisions, of the second proviso to paragraph d of part ii of the first schedule to the finance act, 1956, which provide that the standard rebate in super-tax permissibe to a company under the first proviso to that paragraph shall be reduced .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-25-1969
Reported in : AIR1970Cal349,[1971]41CompCas477(Cal),[1971]80ITR108(Cal)
ORDERA.N. Sen, J.1. This application raises a question of law of some importance. The question is whether the Income-tax Authorities are competent to commence or continue an assessment proceeding against a company in liquidation without obtaining leave of Court.2. By an order made by this Court on the 16th of June, 1961, the company went into liquidation and the Official Liquidator was appointed Liquidator of the company. The company is now in the process of being wound up by this Court. The Official Liquidator of the company has been served with several notices of assessment in respect of the company by the Income-tax Authorities. He has been served with a notice under Section 142(1) of Income-tax Act, 1961 in respect of assessment year 1964-65 and he has also received notices under Section 143 of the Income-tax Act, 1961 in respect of assessment years 1965-68, 1966-67 and 1967-68. All these notices are in respect of periods subsequent to the date of the winding up order. These notice...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-08-1969
Reported in : 1969(1)LC10(SC)
Ramaswami, J.1. This appeal by certificate is brought from the judgment of the Allahabad High Court dated 3rd August, 1967 in Criminal Appeal No. 2584 of 1966 along with connected Reference No. 150 of 1966.2. The case of the prosecution was that on the5th October, 1965, the three appellants and the victim Moti had all gone to the Ramlila fair at Doharighat; that at about 5.30 p.m., the appellants launched an attack on Moti, in the course of which Bhagelu caught hold of his hair, While Jharkhande seized his arm and Dahari struck him in the abdomen with a knife. Moti managed to release himself from the clutches of the appellants and ran off towards the north. The appellants pursued him, but were in heir turn pursued by Constable Sheikh Israil, P.W; 4 and other persons who had seen the incident. The constable managed to capture Bhagelu and handed him over to another constable Ram Asrey Shukul, P.W. 8, while he himself went to see what had happened to Moti. Moti had collapsed and fallen do...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-20-1969
Reported in : AIR1969SC1241; [1969]74ITR26(SC); (1969)1SCC616; [1969]3SCR796
1. In respect of assessment years 1949-50 and 1950-51 the Income-tax Appellate Tribunal referred five questions to the High Court of Calcutta Under Section 66(1) of the Indian Income-tax Act, 1922. Three of those questions which are canvassed in these appeals need be set out:Assessment year 1949-50'(1) Whether on the facts and in the circumstances of the case, the sum of Rs. 51,550/- was a profit in the nature of revenue and therefore liable to tax under the Indian Income-tax Act ?'Assessment year 1950-51'(3) Whether, on the facts and in the circumstances of the case, the sum of Rs. 8,756/- was a profit in the nature of revenue and was subject to tax under the Indian Income-tax Act ?(4) Whether, on the facts and in the circumstances of the case, the loss of Rs. 34,891/- was allowable as a deduction against the business income of the assessee for the assessment year 1950-51 ?'2. The appellant-a limited Company incorporated under the Indian Companies Act, 1913--carries on business as man...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-03-1969
Utah v. United States - 394 U.S. 89 (1969) U.S. Supreme Court Utah v. United States, 394 U.S. 89 (1969) Utah v. United States No. 31, Orig. Decided March 3, 1969 394 U.S. 89 ON EXCEPTIONS TO SPECIAL MASTER'S REPORT Syllabus In this dispute between the United States and Utah over ownership of the Great Salt Lake, the Special Master refused to permit the intervention by Morton International, Inc., a claimant to part of the property, because Utah had not waived its sovereign immunity as to Morton's suit. Held: The Special Master's Report will be placed on file and his denial of intervention is approved, since a Stipulation entered into between Utah and the United States has so limited the issues that the presence of Morton and other private claimants is neither necessary nor appropriate. PER CURIAM. We are called upon to deal with exceptions filed by Morton International, Inc., which protests the decision by our Special Master, Senior Circuit Judge J. Cullen Ganey, denying i...
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-1969
Reported in : (1969)71BOMLR577; 1969MhLJ921
Patel, J.1. This is an, appeal under Clause 15 of the Letters Patent against the judgment of Mr. Justice K. K. Desai dismissing the petition of the appellants filed on the Original Side.2. Respondent No. 1 in the present case is the Life Insurance Corporation _of India constituted under the Life Insurance Corporation Act, 1956 (hereinafter referred to as the Act of 1956) and has the monopoly of doing life insurance business in the country. Appellant No. 1 is a class III employee and appellant No. 2 is a class IV employee of respondent No. 1. On January 29, 1965, an agreement was entered into between the All India Insurance Employees Association and respondent No. 1 for a temporary increase in the dear-ness allowance with effect from August 1, 1964. By this agreement an additional amount of temporary dearness allowance equal to eight per cent, of the basic salary in respect of class IV employees governed by the Regulations, and equal to six per cent, of the basic salary in respect of cl...
Tag this Judgment!Court : Mumbai
Decided on : Mar-27-1969
Reported in : AIR1971Bom288; (1969)71BOMLR707
ORDER1. This is a petition under Article 226 of the Constitution for a writ in the nature of mandamus against respondent Nos. 1, 2 and 3 directing them not to proceed with the recognition of the 5th respondent Union, pursuant to the inquiry held by the 1st respondent and the directive contained in the office memo dated 19th December, 1968 issued by the 2nd respondent to the 3rd respondent.2. The facts of the case are quite simple. The 1st petitioner is a Trade Union which was registered some time in the year 1953-- under the Indian Trade Union Act, 1926, and it claims to have as its members an overwhelming majority of the workmen employed by the 3rd respondent-Corporation as well as by the Indian Airlines which is another Corporation. In para 12 of the petition it is stated that, in May, 1958, the 16th session of the Indian Labour Conference ratified a tripartite machinery evolved by the Government of India, the Employers and the Employees for regulating the relations between the emplo...
Tag this Judgment!Court : Chennai
Decided on : Mar-28-1969
Reported in : (1970)1MLJ19
M. Anantanarayanan, C.J.1. This appeal is instituted by the Union of India, represented by the Secretary, Ministry of Communications, New Delhi, and the General Manager, Telephones, Madras from the judgment of our learned brother Venkatadri, J., in W.P. No. 2122 of 1966, striking down the recently enhanced Telephone tariff. I might immediately state that the entire Judgment proceeds upon two bases, or comprehensive considerations, both of which have now become academic, or inapplicable. Firstly, in striking down this enhancement of the tariff the learned Judge was largely influenced by the fact that the increased revenue, thereby secured, was sought to be utilised to cover the deficits in the Posts and Telegraph Department. The learned Judge thought that this was illegitimate and inadmissible. To quote:The Posts and Telegraphs Department consists of various units, such as postal, telegraph, radio and telephone units. Each department or wing is a separate unit by itself, with regard to ...
Tag this Judgment!Court : Kolkata
Decided on : Apr-01-1969
Reported in : AIR1970Cal15,73CWN676
ORDERB.C. Mitra, J.1. This is an application for appropriate Writs and Orders directing the Union of India (respondent No. 1) not to give effect to the Metal Corporation of India (Acquisition of Undertaking) Act, 1966, and for orders striking down, cancelling and declaring void the said Act and also for orders prohibiting the Union of India from enforcing and/or giving effect to the Metal Corporation of India (Acquisition of Undertaking) Ordinance, 1965. There is also a prayer for an injunction restraining the Union of India from selling, charging and dealing with the petitioner's undertaking and also the petitioner's properties both movable and immovable including lead and zinc ore and lead and zinc metals and silver smelter of the petitioner.2. In 1944 the petitioner No. 1 (hereinafter referred to as the company) was Incorporated as a public company under the Indian Companies Act, 1913. The company initially commenced its business in 1944 with a share capital of Rs. 35 lacs. The auth...
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