Judgment Search Results Home > Cases Phrase: sarais act 1867 Court: supreme court of india Page 7 of about 29,315 results (0.152 seconds)

Bajaya Vs. Gopikabai and anr.

Court : Supreme Court of India

Reported in : AIR1978SC793; 1978MhLJ411(SC); (1978)2SCC542; [1978]3SCR561; 1978(10)LC463(SC)

..... the general rules of succession in the case of a female hindu dying intestate are given in section 15 of the act, which so far as it is material for the purpose, reads as follows :15(1) the property of a female hindu dying intestate shall devolve according to the rules set out in section 16,-(a) upon the sons and daughters (including ..... court further held that the expression 'heirs of the husband' in section 15(1)(b), as also in section 15(2)(b), refers to the heirs of the deceased husband, who would have succeeded under the provisions of the hindu succession act, 1956, if the husband had died on the date on which the female intestate actually died. ..... of the last male holder, punjya, is an heir under section 15 read with section 2(11)(4)(iv) of the schedule referred to in section 8 of the hindu succession act, 1956, whereas the defendants claim as sapindas of the last male holder under mitakshra law.6. ..... 'personal law' in section 151 of the code means the hindu law which was in force before the enactment of the act, when the code was enacted on february 5, 1955, because the words 'any law for the time being in force' in sub-section (2) of section 4 of the act cannot be construed to mean any law which came into force subsequently. ..... sarji who died on november 6, 1956, will not be governed by the provisions of that act, but by mitakshra school of hindu law, according to which the defendants sapindas are entitled to suit land to the exclusion of the last male holder's sister's daughter .....

Commissioner of Income-tax, Bombay City I Vs. Jubilee Mills Ltd.

Court : Supreme Court of India

Reported in : [1963]48ITR9(SC)

..... 'public' in the manner indicated generally from more than 75% of the shares and the concentration of such a holding in a single person or a group acting in concert is what attracts 23a.in our opinion, the high court was not right in answering the second question in the affirmative. ..... the managing agents admittedly hold 51% or more of the shares, it is obvious that the controlling interest belongs to the managing agents, either by themselves or with those who act in concert with them, hold shares above the 75% limit they can be regarded as constituting a group which cannot be counted as 'public'. ..... this court pointed out that what one has to find out is whether there is an individual who, or a group acting in concert which, controls or control the affairs of the company to the exclusion of others by reason of his or ..... officer, with the previous approval of section 23a, of the income-tax act and held that the company was deemed to have declared dividend of rs. ..... which holds the controlling interest in its hands.it would therefore, follow from what we have stated that we have first to see whether there is an individual or a group holding the controlling interest which group acting in concert can direct the affairs of the company at its will. ..... the high courts view was that the managing agents act under the direction of the directors and unless the directors were themselves controlling the voting power above the limit stated by the explanation, the company must be regarded as one in which .....

Gulab Chand Pukhraj Vs. R.B. Jinender Raj and anr.

Court : Supreme Court of India

Reported in : JT2009(12)SC567; 2009(11)SCALE777; (2009)9SCC752

..... x x x x (iii) in case it is any other non-residential building, if the landlord is not occupying a non-residential building in the city, town or village concerned which is his own or to the possession of which he is entitled whether under this act or otherwise- a) for the purpose of a business which he is carrying on, on the date of the application, or b) for the purpose of a business which in the opinion of the controller, the landlord bona fide proposes to commence.12. in j. ..... is clear that a landlord who is in occupation of a non-residential building which is his own or to the possession of which he is entitled to under the act or any other law should not be permitted to recover possession of another non-residential building belonging to him by evicting the tenants therefrom. 8. ..... the issue that arises for consideration is - whether under section 10(3)(a)(iii) of the 1960 act, the co-owner can be treated as owner of the premises and whether he is entitled to seek eviction of ..... buildings (lease, rent & eviction) control act, 1960 [hereinafter referred to as 'the 1960 act') seeking eviction of the appellant tenant from the scheduled premises namely 7-2-764 ..... under section 10(3)(a)(iii) of the andhra pradesh buildings (lease, rent and eviction) control act, 1960 which we are examining. ..... ), this court was clearly of the opinion that the aspects of quality, size and suitability of the building cannot be out of consideration and doing so would be to frustrate the purposes of the act. .....

Yasihey YobIn and anr. Vs. Dept.of Cus.,shillong

Court : Supreme Court of India

..... shri altaf ahmad, learned senior counsel appearing for the accused nos.1 and 2 would strenuously contend that there is breach of sections 50 and 42 of the act while search and seizure of contraband substance by the customs officer and, therefore, the judgment and order passed by the trial court and so confirmed by the high court requires to be taken exception ..... been differently dealt with and more trust has been reposed in him can also be seen from section 50 of the ndps act which gives a right to a person about to be searched to ask for being searched in the presence of a gazetted ..... lying elsewhere and is not on the person of the accused and is brought to a place where the accused is found, and on search, incriminating articles are found therefrom it cannot attract the requirements of section50of the act for the simple reason that the bag was not found on the accused person. ..... search is made by an officer authorized under section 41(2) of the act then the said officer is said to be acting under section 41(2) and therefore compliance under section 42 is not necessary ..... in coming to the conclusion that since the gazetted officer himself conducted the search, arrested the accused and seized the contraband, he was acting under section 41 and, therefore, it was not necessary to comply with section 42. ..... is held that if the search is of a bag which is inextricably connected with the person, section50of the act will apply, and if it is not so connected, the provisions will not apply. .....

Balkrishan Gupta and ors. Vs. Swadeshi Polytex Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR1985SC520; (1985)2CompLJ1(SC); 1985(1)SCALE236; (1985)2SCC167; [1985]2SCR854

..... held by the cotton mills company could not be taken into consideration for determining the required qualification to issue the notice under section 169 of the act requisitioning the extraordinary general meeting and that if those shares were omitted from consideration then the shares held by the other requisitionists would not be sufficient to issue the ..... behalf of the appellants relates to the effect of an order made by the central government on april 13,1978 under section 18aa(l)(a) of the industries (development and regulation) act, 1951 taking over the management of swadeshi cotton mills along with five other industrial units belonging to the cotton mills company which was the subject matter of dispute in ..... the appellants contend that the cotton mills company could not, therefore, join the other requisitionists in issuing the notice under section 169 of the act calling upon the polytex company to call the extraordinary' general meeting and without the support of the shares ill-lit h the cotton mills ..... a receiver the property in respect of which he is so appointed vests in him similar to the provision in section 17 of the presidency towns insolvency act, 1909 where on the making of an order of adjudication the property of the insolvent wherever situate would vest in the official assignee, or in section 28(2) of the provincial insolvency act, 1920 which states that on the making of an order of adjudication, the whole of the property of the insolvent would vest in the court .....

The United Commercial Bank Ltd., Calcutta Vs. the Commissioner of Inco ...

Court : Supreme Court of India

Reported in : AIR1957SC918; [1958]1SCR79

..... government securities which he held, because he held them as a banker, the point being that when you have once got a security (we will say) the interest on which is taxed by the act, you cannot get out of it because you say that you look a little further and see this is only embedded in a business.' 35. ..... a case where an actress earned her living by accepting and fulfilling professional engagements, her activities being acting in stage-plays in england and america, performing for the films and on the wireless and performing ..... looked at thus the contention of counsel for the revenue that under the scheme of the act and on a true construction of these relevant sections 'interest on securities' by whomsoever and for whatever purpose held has ..... counsel for the appellant has raised three points : (1) that sections 8 and 10 of the act should be so read that 'interest on securities', in cases where the true nature and character of the securities in the hands of an assessee is one of trading assets, would be excluded ..... ' if these words may be used with reference to the language of the indian act, we have to look at the source of 'income, profits and gains' and then see under what head it appropriately and specifically falls and if it falls under one particular head then computation is to ..... thus on a true construction of the various sections of the act the income of an assessee is one and the various sections 7 to 12 are modes in which the statute directs that income-tax is to be levied and .....

Karanpura Development Co. Ltd. Vs. the Commissioner of Income-tax, Wes ...

Court : Supreme Court of India

Reported in : AIR1962SC429; [1962]44ITR362(SC); [1962]3SCR368

..... pointed out that the addition of the words 'profits and gains' in the phrase 'income, profits and gains' used in the income-tax act does not restrict the meaning of the word 'income' by implication, and that the whole expression is 'income' writ large. 6. ..... the first was a case of excess profits tax, and the fiction created by section 2(5) of the excess profits tax act not being applicable, the nature of the business, if any, was examined, and it was held that there was no ..... the company was first assessed under rule 8(c) (i) of schedule a vii of the english income-tax act of 1918, which provided for assessment of landlords instead of tenants in the case of any house ..... , held that the receipts were income from property within section 9 of the income-tax act, that letting out such property and collecting rents was not doing business, and that profits and gains from ..... justice clerk distinguished between two kinds of cases - (a) where the owner of an ordinary investment chooses to realise it, and obtains a greater price for it than he originally acquired it at; and (b) where the act is done not merely as a realisation but in what is truly the carrying on or carrying out, of a business. ..... it was, therefore, held that the proviso to section 2(5) of the excess profits tax act, which defined business in certain circumstances, was not applicable, that proviso read : 'provided that where the functions of a company or of a society incorporated by or under any enactment consist wholly or mainly in .....

Chatterjee Petrochem Co. and anr. Vs. Haldia Petrochemicals Ltd.

Court : Supreme Court of India

..... mentioned above and also on the basis of the clauses of the principal agreement dated 12th january 2002 and subsequent agreements dated 8th march 2002 and 30th july, 2004, read with section 5 of the a&c act, we are inclined to observe that the arbitration clause in the principal agreement continued to be valid in view of clause no.6 of the agreement dated 30th july, 2004 and also by virtue of its ..... agreement and the plaintiff or the person who has approached the judicial authority for relief, disputes the same, the judicial authority, in the absence of any restriction in the act, has necessarily to decide whether, in fact, there is in existence a valid arbitration agreement and whether the dispute that is sought to be raised before it, is covered by the arbitration clause . ..... contended that when no arbitration clause exists in the agreement, the matter cannot be adjudicated either under part i or part ii of the a & c act rather, the matter can be adjudicated only by an independent suit seeking injunction against the party who had initiated arbitration, from proceeding with the arbitration.17. ..... argued that the suit instituted by the respondent no.1 to restrain a foreign arbitration for resolution of the disputes between the parties was in violation of section 5 of the a & c act which limits judicial authority s intervention in arbitration and therefore the impugned order of injunction passed by the high court of judicature at calcutta was contrary to law and therefore, the same .....

Sk. Raju @ Abdul Haque @ Jagga Vs. The State of West Bengal

Court : Supreme Court of India

..... state government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally ..... acquired property which is liable for seizure or freezing or forfeiture under chapter va of this act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset, (a) enter into and search any such building, conveyance or place; (b) in case of resistance, break open any door and remove any ..... thereafter, the suspect may or may not choose to exercise the right provided to him under the said provision we are of the opinion that the concept of substantial compliance with the requirement of section 50 of the ndps act introduced and read into the mandate of the said section in joseph fernandez (supra) and prabha shankar dubey (supra) is neither borne out from the language of sub- 10 (2011) 1 scc609 12 section (1) of section 50 nor it is in consonance .....

Rajan Vs. The Home Secretary Home Department of Tamil Nadu

Court : Supreme Court of India

..... pass an appropriate writ or order directing the release of the petitioner from prison forthwith, and/or declare that the sentence of life imprisonment imposed upon the petitioner under section 27(3) of the arms act is null and void; and/or, alternatively direct the respondents to remit the remaining sentence and release the petitioner by considering his representation dated 05.02.2018 while this present petition is pending before this ..... petitioner came to be convicted for offences punishable under sections 395, 302 (3 counts), 307 (4 counts) of ipc and section 3 read with sections 25(1a) and 27(3) of 3 the indian arms act and sentenced to undergo 7 years rigorous imprisonment for offence punishable under section 395 of ipc, life imprisonment for offence punishable under section 307 (4 counts) of ipc for each count as also ..... central laws like the explosive substances act, the passport act, the foreigners act and the wireless telegraphy act were all for lesser terms which ..... regards the conviction and sentence in relation to the remaining offences under section 3 read with section 25(1a) of the arms act and section 395 of ipc, the petitioner has already undergone the 1 (2012) 3 scc3468 same long back as the ..... reverting to the prayer clause (b), we have no difficulty in accepting the stand of the petitioner that section 27(3) of the arms act having been declared ultra vires in terms of the judgment of this court in state of punjab (supra), the conviction and sentence awarded to the .....