1
Court : Rajasthan
Decided on : Jan-13-1982
Reported in : 1982WLN47
S.K. Mal Lodha, J.1. This appeal under Section 28 of the Hindu Marriage Act (No XXV of 1955) (for short 'the Act' hereinafter) has been filed by the wife who was non-petitioner against the decree dated August II, 1981 of the Addl. District Judge No. 2, Jodhpur by which he declared the marriage between the husband-petitioner (respondent) and the wife non-petitioner (appellant) as voidable and annulled it by a decree of nullity under Section 12(1)(d) of the Act. The petitioner-respondent and the non-petitioner appellant will be referred to hereinafter as the husband and the wife respectively.2. The facts leading to this appeal may succinctly be stated as under: The husband filed a petition under Section 12(1)(d) of the Act 12(1)(d) of the Act in the Court of District Judge, Jodhpur on November 26, 1979. The marriage between the husband and the wife was solemnized according to Hindu rites on June 29, 1979 at Nagaur. Both the husband and wife lived together at Jodhpur. The wife gave birth ...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-15-1982
Reported in : [1984]148ITR72(Raj); 1982()WLN19
Dwarka Prasad, Actg. C.J.1. The Income-tax Appellate Tribunal, Delhi Bench 'A', hereinafter referred to as 'the Tribunal', has referred the following question to us for our decision :'Whether on the interpretation of the provisions of Section 15B of the Indian Income-tax Act, 1922, the assessee is entitled to rebate in respect of donations made to Bangur High School, Arogya Bhawan Hospital and Bangur Hospital '2. We have held by our order dated December 22, 1981, that the asses-see is entitled to rebate, in respect of donations made to Bangur High School, Arogya Bhawan Hospital and Bangur Hospital, under the provisions of Section 15B of the Indian I.T. Act, 1922 (hereinafter referred to as 'the Act'), and decided the reference in favour of the assessee. We now proceed to record the reasons for our aforesaid decision.3. The facts which have given rise to this reference may be briefly stated:There was an educational institution known as Darbar High School at Pali, which was wholly financ...
Tag this Judgment!Court : Delhi
Decided on : Jan-21-1982
Reported in : 21(1982)DLT46; ILR1982Delhi801
Avadh Behari Rohatgi, J.(1) The founding deed : This is a dispute between father on the one side and mother and sons on the other, The plaintiff Shri R. P. Kapur has instituted asuit under Section 92 of the Code of Civil Procedure against a trust styled Kaushalya. Educational Trust and its trustees, Shrimati Sheila Kapur, his wife and Lov alias Vivek Kapur and Ashok Kapur, his sons. His wife and two sons are the trustees. They are defendants to the suit. The plaintiff, R. P. Kapur, along with one another person has sought directions for the administration of the trust and for framing a scheme. (2) The plaintiffs urge that Kaushalya Educational Trust is a trust of a public character of a Charitable nuture and that the trustees are misappropriating the trust properties. They have alleged various 'misdeeds' of the trustees. As required by the amended Section 92 of the Code of Civil Procedure leave of the Court is sought to institute the suit. The defendants resist the grant of leave on th...
Tag this Judgment!Court : Chennai
Decided on : Jan-22-1982
Reported in : (1982)31CTR(Mad)50; [1982]138ITR585(Mad)
Padmanabhan, J. 1. This is a reference under s. 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act', at the instance of the Revenue. 2. The facts found by the Tribunal, as disclosed from the statement of the case drawn up by the Tribunal, can be stated as follows :- The assessee is a private limited company incorporated on September 5, 1956, for the purpose of promoting various charitable objects. On August 11, 1958, the assessee settled the income from all its properties including the income derived from the business carried on by it in trust for carrying out certain charitable objects set out in the trust deed. The assessee was a partner in seven partnership concerns holding shares as enumerated in the statement of case. The assessee retired from the different partnerships prior to December 31, 1970. On the date the assessee retired from the partnership firms, the respective firms did not have adequate cash resources to pay the amount due to the assessee on the s...
Tag this Judgment!Court : Mumbai
Decided on : Jan-30-1982
Reported in : AIR1982Bom341; 2(1982)DMC204
Dharmadhikari, J.1. The appellant-plaintiff Dr. Abdur Rahim under married Smt. Padma, respondent-defendant in the United Kingdom on 5th May 1966. At the time of marriage plaintiff Abdur Rahim was a Mohainmedan where as respondent Padma was a Hindu. Both of them were Indian citizens. Their domicile was India. Both of then held Indian passports. On 6th of May 1965 the plaintiff and the defendant went to the office of Registrar of Marriages at Weymouth. Before that a necessary notice of intention to marry was already given. There after on 6th May 1966 the parties went through the marriage ceremony before the Registrar and the said marriage was duly registered. The marriage certificate relating to this marriage duly authenticated and certified copy is also on record. From this certificate it appears that the marriage Act, 1949. After this marriage birth of Shabnam took place on 18th of May 1957. Of Shama on 19-11-68. Thereafter on 4th Apr., 1969 the plaintiff and the defendant with their c...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-01-1982
Reported in : AIR1982P& H480
S.S. Sandhawalia, C.J. 1. ther sub-section (2) of Section 15 of the Punjab Pre-emption Act, 1913 is an independent self-contained provision or is merely a proviso to the preceding sub-section (1) despite the non obstante clause with which it begins has come to be the spinal issue in this reference to a Bench of seven Judges.2. It is because of a veiled doubt about the correctness of the settled law within this Court by a Bench of five Judges in Karta Ram v. Om Parakash, AIR 1971 Punj & Har 423 (FB) and a co-equal Bench in Prithi Pal Singh v. Milkha Singh, AIR 1976 Punj & Har 157 (FB), that this reference seems to have been necessitated. Because of this and indeed in view of an implied challenge to the very doctrine of precedent which it involves, the matter calls for an exhaustive and in-depth examination.3. For issues so pristinely legal, the facts would invariably pale into insignificance. Yet law even in abstract must retain its connection with the terra firma of the factual matrix....
Tag this Judgment!Court : Kolkata
Decided on : Feb-03-1982
Reported in : AIR1982Cal199,86CWN423
Anil K. Sen, J.1. This is an appeal under Clause 15 of the Letters Patent directed against a judgment and decree dated July, 13, 1971, passed by a learned single judge of this Court in an appeal from appellate decree No. 38 of 1964. Defendant No. 8 is the appellant before us who lost throughout.2. This appeal arises out of a suit for specific performance of a contract and injunction. The plaintiff/respondent instituted the suit on the allegation thatdefendant No. 1, the mother and as such natural guardian of minor defendant Nos. 2 to 7 entered into an agreement with the plaintiff for self and on behalf of the minors to sell the suit property for a consideration of Rs. 1,275/- by accepting an advance of Rs. 500/- to meet certain antecedent debts during the last illness of her deceased husband, the father of defendant Nos. 2 to 7 and executed and registered a Bainapatra on Dec. 12, 1960; it was stipulated in the agreement that defendant No. 1 having herself appointed the certificated gua...
Tag this Judgment!Court : Kolkata
Decided on : Feb-03-1982
Reported in : AIR1982Cal440
Sabyasachi Mukharji, J.1. This is an appeal from a judgment and order passed by Mr. Justice Salil Kumar Roychoudhury on 11th of February, 1981 granting the stay asked for and directing the parties to take immediate steps for initiation of the reference under the arbitration agreement contained in the contract mentioned in the plaint. The judgment was passed on an application under Section 34 of the Arbitration Act, 1'940 for stay of Suit No. 736 of 1978 instituted by I.T.C. Ltd. v. G. J. Fernandez. Before I refer to the relevant averments in the plaint it will be important to understand the background under which this application came to be made. The suit was filed on 29th of September, 1978 by the Charterer, for a declaration that the contract and modifications mentioned in the plaint were void and illegal and a decree for Rs. 39,64,341/- or an enquiry as to what amount was due to the plaintiff. In that suit instituted by I. T. C. Limited there were two defendants namely, G. J. Fernan...
Tag this Judgment!Court : Orissa
Decided on : Feb-09-1982
Reported in : 1982CriLJ1585
B.K. Behera, J.1. The three appeals arising out of the same judgment and order passed by Mr. J. Tyagi, Additional Sessions Judge, Cuttack, have been heard together and this judgment shall govern the three appeals. The appellants in the three Criminal Appeals along with fifteen other accused persons stood trial for having committed the offence of rioting being armed with deadly weapons after entering into a conspiracy and for having committed the murder of Dibakar Rout and for causing grievous and simple hurt to some members of the prosecution party. The appellants Brundaban Muduli and Punananda Sahu along with the co-accused Ramakanta Naik (acquitted), stood charged under Section 302 read with Section 114 of the Penal Code (hereinafter referred to as the 'Code'), the appellants Kedar Ghadei, Pari Sahu son of Dinabandhu and Sananda Padhan along with the co-accused Anam Padhan stood charged under Section 302 read with Section 34 of the Code for committing the murder of Dibakar Rout at Tr...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-12-1982
Reported in : [1982]135ITR652(P& H)
S.S. Sandhawalia, C.J. 1. The true legislative intent in adding the Explanation to Section 271(1)(c) of the I.T. Act by the Finance Act, No. 5 of 1964, as also the nature and scope thereof is the core question which has necessitated this reference to the Full Bench. Even more pointedly at issue is the correctness of the construction placed thereon by the Division Bench in Addl. CIT v. Karnail Singh V. Kaleran .2. M/s. Vishwakarma Industries is a registered firm carrying on business in the manufacture and sale of ball-bearings. For the assessment year 1969-70 it declared a total income of Rs. 99,098 in the return filed on the 5th of September, 1969. The examination of its books of account by the ITO revealed cash credits totalling Rs. 30,000 in the name of M/s Jagan Nath and Sons, Ludhiana. The assessee-firm urged that these credits were genuine and in support thereof filed confirmatory letters from the said party. The ITO accepted the assessee's contention and completed the assessment ...
Tag this Judgment!