Court : Supreme Court of India
Reported in : AIR1953SC1; [1953]4SCR243
..... in him; secondly, even viewing the question as one of legal subrogation, he was entitled, under the principles of justice, equity and good conscience which governed the state of punjab, as the transfer of property act has not been applied to the state, to recover from the co-mortgagors not merely their shares in the sum of rs. 5,800 ..... to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sale of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee. the right conferred by this section is called ..... to the question which we have to decide in this appeal is not difficult. equity insists on the ultimate payment of a debt by one who in justice and good conscience is bound to pay it, and it is well recognised that where there are several joint debtors, the person making the payment is a principal debtor as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC478; 1953(0)KLT173(SC)
..... accordance with the resolution of the south indian mill owners' association. p. w. 1 17, who is the officer-in-charge of the sales department of the company, state explicitly that the goods were never sold for more or less than the prices thus fixed. he further says that revised and increased rates were introduced from 1-5 ..... payment. the payee would then receive the money on his own behalf and not on behalf of or in trust for anybody else. the criminality of an act of this character would consist in illegal receipt of the money and the question of subsequent misappropriation or conversion of the same would not arise at all.on ..... when he was examined under the provision of the cochin criminal procedure code which corresponds to section 342 of the indian code. according to the principles which are recognised and acted upon by this court in dealing with criminal appeals coming before it on special leave these would be considered adequate grounds justifying our interference with the decision of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC83; 19(1953)CLT419(SC); 1953CriLJ525; (1953)IMLJ220(SC); [1953]4SCR319
..... the same subject simultaneously by two parallel sets of legislation existing side by side, it is argued that export and import of goods were not within the scope and intendment of the essential supplies act. 12. these arguments though somewhat plausible at first sight, do not appear to us to be sound or convincing. it ..... which inter alia continued the provisions of the defence of india rules relating to prohibition and restriction of import and export of goods. subsequently on the 25th of march, 1947, the imports and exports (control) act was passed, which dealt comprehensively with the subject of control over exports and imports. as it would be unnatural to ..... to those of a number of later enactments. under entries 27 and 29 of list ii of the government of india act, 1935, 'trade and commerce within the province' and 'production.... supply and distribution of goods' were provincial subjects, while 'import and export across the customs frontier' was a central subject being covered by item 19 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC58; (1953)IMLJ195(SC); [1953]4SCR302; (1953)1LLJ195(SC)
..... the street, industry or business means an undertaking where capital and labour co-operate with each other for the purpose of producing wealth in the shape of goods, machines, tools etc., and for making profits. the concept of industry in this ordinary sense applies even to agriculture, horticulture, pisciculture and so on ..... a union called the federated municipal and shire council employees' union of australia, which was registered as an organisation under the commonwealth conciliation and arbitration act, 1914-1915, as having been constituted in connection with municipal and shire councils, municipal trusts and similar industries. the organisation made claims in respect of ..... dismissal, the matter was referred by the state of west bengal on 24th september, 1949, to the industrial tribunal for adjudication under the industrial disputes act. the tribunal made its award on 13th february, 1950, that the suspension and punishment of the two employees were cases of victimisation, and it directed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1953]4SCR476
..... to consider the question as to when title in the property passes to the transferee. section 4, sub-section (3) of the indian sale of goods act which lays down that in the case of sale of future goods the contract amounts only to an agreement to sell does not seem to be applicable to the contracts and agreements here, as the ..... taken possession of the subject-matter of the contracts, namely, tendu leaves, lac palisades, teak, timber and hardwood, bamboos and miscellaneous forest produce. 21. under the indian sale of goods act, 'goods' include growing crops, grass and things attached to or forming part of the land, which are agreed to be severed before ..... goods are not 'future goods' as defined in sub-clause (6) of the act which states that they mean goods to be manufactured or produced or acquired .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC108
..... it becomes unnecessary to consider the question as to when title in the property passes to the transferee. section 4, sub-section (3), sale of goods act, which lays down that in the case of sale of future goods the contract amounts only to an agreement to sell does not seem to be applicable to the contracts and agreements here, as the ..... had taken possession of the subject-matter of the contracts, namely, tendu leaves, lac palsadies, teak, timber and hardwood, bamboos and miscellaneous forest produce.17. under the sale of goods act, 'goods' include growing' crops, grass and things attached to or forming part of the land, which are agreed to be severed before ..... goods are not 'future goods' as defined in sub-clause (6) of the act which states that they mean goods to be manufactured or produced or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1953]23ITR101(SC)
..... company.prior to 1939-40 the appellant was assessed to income-tax in british india on the profits computed on a turnover basis earned by the sales in british india of the goods manufactured by the appellant. in the course of the assessment year 1939-40 the appellant stated that it discontinued its business in british india with effect ..... no profit.in our judgment, the contention of the learned counsel for the appellant, - and on which his whole argument is founded - that it is the act of sale alone from which the profits accrue or arise can no longer be sustained and has to be repelled in view of the decision of this court in commissioner of ..... and from the conversion in the latter colony of the crude ore into a merchantable product, this income was assessable under the new south wales land and income-tax assessment act of 1895, section 15, sub-section (3) and (4), notwithstanding that the finished products were sold exclusively outside the colony. lord davey while delivering the judgment of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1953]23ITR82(SC)
..... of it, such as cotton, used to be purchased in what was then the british india, through their agents best & company ltd., of madras. the bulk of their manufactured goods were also sold in british india, the rest being sold elsewhere. but in the year material to this case it did no business in british india and accordingly it submitted ..... 1944. the income-tax officer passed orders on this on 2nd june, 1944. he stated that the assessee was a non-resident company and that during the year no sales were effected in british india and concluded as follows :-'as the net result for the world business is only a loss, there can be no question of profits attributable to ..... consequently no profits arose or accrued or were received in british india and therefore the assessee 'was not liable to comply with the provision of the indian income-tax act.'the assessee added -'in the circumstances the company is not liable to make a return but with a view to preserve the right of the company to appeal against any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC105; (1953)IMLJ381; (1953)IMLJ385(SC); [1953]4SCR448; [1953]4SCR454
..... of it, such as cotton, used to be purchased in what was then the british india, through its agents best & company ltd. of madras. the bulk of its manufactured goods was also sold in british india, the rest being sold elsewhere. but in the year material to this case it did no business in british india and accordingly it submitted ..... 1994. 9. the income-tax officer passed orders on this on 2nd june, 1944. he stated that the assessee was a non-resident company and that during the year no sales were effected in british india and concluded as follows : 'as the net result for the world business is only a loss, there can be question of profits attributable to operations ..... ' and consequently no profit arose or accrued or were received in british india and therefore the assessee 'was not liable to comply with the provisions of the indian income-tax act.' 4. the assessee added. 'in the circumstances the company is not liable to make a return but with a view to preserve the may right of the company to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC140; [1953]23ITR152(SC); [1953]4SCR520
..... them to the association in egypt. they were entrusted with important duties on behalf of the association, namely, selling of the goods consigned to them for sale, handling the cargoes, issuing delivery orders, collecting the sale proceeds and then to remit the same after deducting the expenses incurred by them and their own commission. the description of ' ..... of the income-tax officer and the appellate assistant commissioner and dismissed the appeals. 5. on the application of the agents made under section 66(1) of the act the appellate tribunal referred the following questions to the high court :- '(1) whether, in the facts and circumstances of this case, the tribunal was right in ..... . on these facts the income-tax officer treated turner morrison & company ltd. as the agents of the association under section 43 of the indian income-tax act and assessed them to income-tax for the two assessment years mentioned above under section 4(1)(a) or, alternatively under the first part of section 4(1 .....
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