Judgment Search Results Home > Cases Phrase: the bombay court of wards act 1905 Court: chennai Page 7 of about 283 results (0.084 seconds)

Govardhan Cement Agencies (P.) Ltd. Vs. Income-tax Officer.

Court : Chennai

Reported in : (1990)37TTJ(Mad)195

..... in the circumstances we cannot but follow the decision of the bombay high court in the case of chase bright steel ltd. ..... it has now been held by the bombay high court in the case of chase bright steel ltd. (no. ..... 37(4) as held by the bombay high court in the case of cit v. ..... it is also strange that when sub-section (4) came into the statue book with effect from 1-4-1970 sub-section (5) should be introduced by finance act, 1983 with retrospective effect from 1-4-1979. ..... it has been further stated that the explanation cannot, however, take away a statutory right with which any person under a statue has been clothed or set at naught the working of an act by becoming an hindrance in the interpretation of the same. ..... rangarajan (judicial member) - this appeal is directed against the disallowance made under section 37(4) of the income-tax act, 1961.2. ..... if on the other hand it were to be a substantive provision it could take effect only from 1-4-1983 being introduced by the finance act, 1983. ..... 37(4) of the act. ..... 37(4) of the act. .....

The Employees' State Insurance Corporation Vs. Shanmugha theatres and ...

Court : Chennai

Reported in : (1998)1MLJ89

..... the supreme court while considering the question as to whether the judgment of a single judge disposing of the appeal under section 76 of the trade marks act is subject to further appeal under clause 15 of the letters patent (bombay), held as follows:the trade marks act does not provide or lay down any procedure for the future conduct or career of an appeal (under section 76 of the act against the decision of the registrar) in the high court, indeed section 77 of the act provides that the high court can if it likes make rules in the matter. ..... that being so, the high court being seized as such of the appellate jurisdiction conferred by section 76 it has to exercise that jurisdiction in the same manner as it exercises its other appellate jurisdiction and when such jurisdiction is exercised by a single judge, his judgment becomes subject to appeal under clause 15 of the letters patent (bombay), there being nothing to the contrary in the trade marks act. ..... that being so, the high court being seized as such of the appellate jurisdiction conferred by section 76, it has to exercise that jurisdiction in the same manner as it exercises its other appellate jurisdiction and when such jurisdiction is exercised by a single judge, his judgment becomes subject to appeal under clause 15 of the letters patent (bombay), there being nothing contrary in the trade marks act. .....

Asvini Cold Storage (P) Ltd. (Now Amalgamated with Asvini Fisheries Lt ...

Court : Chennai

Reported in : (2007)212CTR(Mad)452; [2007]290ITR183(Mad)

..... deputy commissioner of income tax) and submitted that in view of the apex court decision overruling the bombay high court decision, the relief has to be worked out only as interpreted by the apex court and the reliance placed on the decision of the bombay high court is no longer maintainable in law. 6. ..... of section 80ab is that it starts with the words 'where any deduction is required to be made or allowed under any section of this chapter,...notwithstanding anything contained in that section, 'for the purpose of computing the deduction under the section, the amount of income of that nature as computed in accordance with the provisions of the act, `before any making any deduction under this chapter`, shall alone be deemed to be the amount of income of that nature which is derived or received by the assessee and which is included in his gross ..... the following are the questions of law raised in the reference under 256(1) of the income tax act:(i) whether on the facts and in the circumstances of the case, the tribunal was right in holding that the unabsorbed depreciation and unabsorbed investment allowance of earlier years should be set off while computing the profits of business for the purpose of determining the relief under section 80hhc? .....

D. Mohan Vs. Mr. N. Kuppan @ Durai,

Court : Chennai

Reported in : (2007)3MLJ335

..... in this context, it would be relevant to quote the observation made by the bombay high court in air 1999 bom 161, with which i entirely ..... section 97(2)(k) of amendment act 104/76 speaks of suits, appeals and proceedings 'instituted or filed' before the commencement of section 31, the reference must necessarily be to institution or filing before a competent court; presentation of a plaint before a court not competent to try the suit will not amount to institution or filing, even if the terms 'filed' in section 97(2)(k) were to govern suits ..... while exercising the power of rejecting the plaint, the court has to act with utmost ..... while exercising the power of rejecting the plaint, the court has to act with utmost ..... also contend that as per the terms and conditions of the sale agreement, the sale deed should have been executed within eleven months of the agreement, but the limitation period is over and therefore, the suit is barred by limitation as held in article 54 of the limitation act. 6. ..... he filed an application under order 7 rule 11(d) cpc to reject the plaint on the following grounds (i) that the plaintiffs earlier filed another suit on 29.11.1999 and abandoned the same and therefore the present suit is barred under order 23 rule 1(4) cpc; (ii) the suit is barred by article 54 of the limitation act. ..... as this case is concerned, the petitioner wants to invoke article 54 of the limitation act, according to which, the limitation period is within three years from the date of agreement. .....

CADD Centre Vs. Assistant Commissioner of Income-tax, City Circle -II ...

Court : Chennai

..... what constitutes distribution of assets under section 45(4) of the act was explained by the bombay high court in texspin engineering and manufacturing works's case (1 supra). ..... in our view, the judgment of the bombay high court squarely covers the facts of the case and the orders passed by the appellate commissioner and the tribunal accords with the same. ..... 13.2 section 45(4) of the income tax act reads as under: "45(4) - the profits or gains arising from the transfer of a capital asset by way of distribution of capital assets on the dissolution of a firm or other association of persons or body of individuals (not being a company or a co-operative society) or otherwise, shall be chargeable to tax as the income of the firm, association or body, of the previous year in which the said transfer takes place and, for the purposes of section 48, the fair market value of the asset on the date of such transfer shall be deemed to be the full value of the consideration received or accruing ..... we are in respectful agreement with the judgment of the bombay high court. ..... when dealing with the identical situation, wherein the assessing officer proposed to levy capital gains tax, the bomaby high court held: in this case, the erstwhile firm has been treated as a limited company by virtue of section 575 of the companies act. .....

Rolla Subbadu, Minor, by Next Friend Rolla Rogadu and ors. Vs. Somiset ...

Court : Chennai

Reported in : AIR1929Mad791; 122Ind.Cas.791; (1929)57MLJ353

..... as already noticed, the only decision of our court which has a bearing on the present question follows the allahabad view and dissents from the view expressed in the bombay high court. ..... it states that 'the period prescribed for the suit' as that expression is used in section 19 of the indian limitation act, 1908, is not limited strictly to the period prescribed by schedule i, but will include, in the case of a suit on a mortgage, the extra period of limitation given by section 31 of the act, and that 'an acknowledgment of the mortgage debt which is otherwise valid will not, therefore, be the less so if it is given after the period prescribed by article 132, provided that it is within the additional period allowed by section 31. ..... varadachariar for the respondents that the 'period prescribed' in section 19 of the limitation act should be limited to the period prescribed in the first schedule of the act and should not be extended to apply to the special period of two years mentioned in section 31 of the act which has been allowed only as a matter of grace by the legislature to relieve cases of hardship caused by the decision of the privy council in vasudeva mudaliar v. .....

K.V.S. Sheik Mahamad Ravuther Vs. the B.i.S.N. Co. and ors.

Court : Chennai

Reported in : (1908)18MLJ497

..... it was held by the bombay high court that the words 'or otherwise ' could not be held to cover all possible losses. ..... the first clause of the special condition in the bill of lading in the bombay case is the same as in the present case, but in the bill of lading in the present case new provisions have been inserted in substitution for a provision which purported to impose on the consignee, where the goods were stored, ' all risks of fire, dacoity, vermin or otherwise. ..... on grounds of public policy applicable alike to england and india; that its further development as to exemption by contract due to the carriers act of 1830 for loss due to negligence has not been accepted in india but on the other hand has been declared inapplicable by act iii of 1865 to the cases falling within that act, and following the reasoning of the privy council that though an act may be inapplicable it ought to be followed as a rule of justice, equity and good conscience, in cases similar to those dealt ..... (1905) c 571, was the illegality of the stipulation raised or discussed. ..... (1905) m. .....

Somarajan and ors. Vs. Management of A.R.C. Engineering Works, Ambattu ...

Court : Chennai

Reported in : (1981)IILLJ25Mad

..... chitale, : (1974)iillj184bom , a bench of the bombay high court has held, following the decision of the supreme court in workmen in buckingham and carnatic mils, madras v. ..... of the industrial disputes act reads as follows : 'where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a labour court, tribunal or national tribunal for adjudication and, in the course of the adjudication proceedings, the labour court, tribunal or national satisfied that the order of discharge or dismissal was not justified, it may, be its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the ..... in other words, having decided that the delinquent employee had committed an act of misconduct the quantum of punishment to be awarded to him must bear the reflection of his previous service record and must also be decide in the light of the also be decided in the light of the extenuating or aggravating circumstances that might be existing. ..... buckingham and carnatic mills madras, : (1970)illj26sc the supreme court a should that the standing orders certified under the industrial employment standing orders act, 1946 became part of the statutory terms and conditions of service between industrial employer and employees and they will govern the relationship between the parties. .....

Commissioner of Gift Tax Vs. Kasturi Estate (P) Ltd.

Court : Chennai

Reported in : (1997)142CTR(Mad)187; [1997]228ITR376(Mad)

..... therefore, according to the bombay high court when the assets of a company are distributed amongst the shareholders, either on a reduction of capital or in the course of the winding up of the company, new rights are not, created, which is an ingredient implicit in the very concept of transfer, as laid down in the decision of the supreme court in the case of cit vs ..... 45 of the it act, 1961, this court held that in a case where a company having decided to reduce its paid-up share capital transfers a part of its assets in lieu of the amount to which it has become liable to its shareholders, a transfer would necessarily be involved and would attract the capital gains ..... 4(1)(a) of the gt act on the ground that there was no transfer involved when the company reduced its capital and that the assets were given to the shareholders for adequate consideration ..... 100 of the companies act - (1) subject to confirmation by the court, a company limited by shares or a company limited by guarantee and having a share capital, may, if so authorised by its articles, by special resolution, reduce its share capital in any way, and in particular and without prejudice to the generality of the foregoing power, may - (a) extinguish or reduce the liability on any of its shares in respect of share capital not paid-up; (b) either with or without extinguishing or reducing liability on any of its shares, cancel any paid-up share capital ..... 4(1)(a) of the gt act, there must, in the first instance, be a transfer of .....

Sheik Mahamad Ravuther Vs. the British India Steam Navigation Co., Ltd ...

Court : Chennai

Reported in : 1Ind.Cas.977

..... ' it was held by the bombay high court that the words 'or otherwise' could not be held ..... be deemed to protect any mail con- tractor, stage coach proprietor, or other common carrier for hire from liability to answer for loss injury to any goods or articles whatsoever arising from the felonious acts of coachman, guard, book-keeper, porter, or other servant in his or their employ, nor to protect any such coachman, guard book-keeper, or other servant from liability for any loss or injury ..... of public policy applicable alike to england and india; that its further development as to exemption by contract due to the carriers act of 1830 for loss due to negligence has not been accepted in india, but, on the other hand, has been declared inapplicable by act iii of 1865 to the cases falling within that act, and following the reasoning of the privy council, that, though an act may be inapplicable, it ought to be followed as a rule of justice, equity and good conscience, in cases ..... ; and accidents, loss or damage from any act, neglect, or default whatsoever of the pilot, master or mariners, or other servants of the company excepted, and the company is to be at liberty to carry the said goods to their port of destination by the above or other steamer or steamers, ship or ships, either belonging to the company or to other persons, and to transship or land and store the goods either on shore or afloat, and re-ship and forward the same at the company's expense but at shippers' or consignees .....