Court : Mumbai
Reported in : [1992]195ITR496(Bom)
..... the trustees also informed the assistant controller by their letter dated april 19, 1966, that, pursuant to sir cawasji jehangir baronetcy repealing act, 1964, which came into force from june 2, 1965, sir cawasji jehangir baronetcy act, 1911, was revoked and extinguished and the corporation dissolved and all the properties were vested with the present baronet, sir hirji cawasji jehangir, and requested that the present baronet be considered to be the accountable person for the trust properties. ..... there was one settlement known as sir cawasji jehangir baronetcy trust created under the act no. ..... , whether the value of the baronetcy fund in which the deceased had a life interest as a baronet under the cowasjee jehangir baronetcy act, 1911, on the facts and in the circumstances of the case, is wholly or partly includible in the principal value of the estate of the deceased under section 5, 7 or 11 of the estate duty act, 1953. ..... under section 4 of the act, the trustees held the baronetcy fund up to and for the benefit of the said sir cawasji jehangir or the person who, as heir male of his body, shall, for the time being, have succeeded to, and be in the enjoyment of the title of baronet. .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)17CTR(Bom)336; [1981]129ITR642(Bom); [1980]4TAXMAN555(Bom)
..... under the act a corporation with perpetual succession and common seal under the style and title of ' the trustees of the sir cowasjee jehangir baronetcy ' was created for executing the powers and purposes of the act. ..... anklesara's case : [1964]53itr393(guj) for the limited purpose that even in the case of an annuity by bequest, all that the annuitant is entitled to get is the amount of the annuity and not the value of the annuity after commutation.15. ..... anklesaria : [1964]53itr393(guj) , and took the view that since the assessee could not demand commutation as of right, commutation must be said to have been precluded by the terms of the grant . ..... anklesaria's case : [1964]53itr393(guj) , therefore, clearly negative the contention raised on behalf of the revenue that whenever an annuity is granted, the right of commutation must be presumed and that unless expressly provided for, such right cannot be said to be precluded. ..... 810,where the learned authors under the heading 'value of annuities' have observed as follows see : [1964]53itr393(guj) . ..... e.d anklesaria's case : [1964]53itr393(guj) . ..... anklesaria's case : [1964]53itr393(guj) . .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR326; 1967MhLJ694
..... if one compares the earlier baronetcy repealing acts namely the sir chinubhai madhavlal ranchhodlal baronetcy act and the sir sassoon jacob david baronetcy act with the currimbhoy ebrahim baronetcy (repeal and distribution of trust properties) act, the important differences appear. ..... as already stated, such positive provisions were made in two other repealing acts-the sir chinubhai madhavlal ranchhodlal baronetcy (repealing) act, 1956, (act i of 1957), and the sir sassoon jacob david baronetcy (repealing) act, 1957 (act xxxvi of 1957). ..... : [1964]4scr461 and pointed out that the entire theory underlying implied repeals is that there is no need for the later enactment to- state in express terms that an earlier enactment has been repealed by using any particular set of words or form of drafting but that if the legislative intent to supersede the earlier law is manifested by the enactment of provisions indicating a supersession of an earlier law then there is in law a repeal notwithstanding the absence of the word 'repeal' in the later statute. ..... , board of revenue : [1964]4scr280 that.the words' subject to the other provisions of the consitution' should, therefore be given a reasonable interpretation, an interpretation which would carry out the intention of the makers of the constitution and also which is in accord with the constitutional practice in such matters. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1976AP340
..... the society was registered in the year 1957 under the andhra pradesh (andhra area) co-operative societies act, 1932 (hereinafter referred to as the 'old act'), which was subsequently repealed and re-enacted by the andhra pradesh co-operative societies act, 1964 (hereinafter referred to as the 'new act') which came into force on 25th february 1964. ..... another argument submitted by the learned counsel is that when the old act was repealed any committee which functioned under the repealed act (in the present case the nominated committee to which the lst petitioner was appointed by the registrar) cannot be taken into consideration under the new act and when it is mentioned in section 21-c that 'where a person holds or who has held office as a member of the committee' it means only 'holding or held' under the new act and the office held under the old act cannot be taken into consideration this contention ..... goes against the express provision contained in section 132 of the new act containing the provision for repealing and .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ574
..... prabhakar that the 'dominant purpose' being the establishment of the board under the provisions of the bangalore water supply and sewerage act, 1964, was not to earn profit yet in the light of the view that i have taken on the first question and held that the board is a 'local authority' within the meaning of section ..... is the true test in determining the character of the levy'.in that case the validity of the orissa mining areas development fund act was challenged on the ground that the cess levied under the act was not a fee but in reality and in substance a levy in the nature of a duty of excise on the coal produced by the petitioner which was stated to be beyond the legislative competence of the state ..... into any contract or agreement with any such firm or company in which a member holds any share or interest, he shall be obliged to disclose the fact of such disclosure is required to be recorded in the minutes of the board and communicated to the state government and the state government may thereupon give such direction as it may deem proper.under section 6 of the act, the state government has power to suspend from the office for such period as it thinks fit or remove from office any member ..... the respondent-board which is constituted under the bangalore water supply and sewerage act, 1964 (hereinafter referred to as 'state act') is not of the nature and character as a municipal committee, district board or body of port commissioners possessing the requisite distinctive .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC186; [2005]126CompCas356(SC); 2004(5)CTC376; JT2004(9)SC379; 2004(9)SCALE215; (2005)1SCC496
..... 5 of the banking regulation act, 1949 and includes the state bank of india, constituted by the state bank of india act, 1955 a subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959, a corresponding new bank as defined in the banking companies (acquisition and transfer of undertaking) act, 1970 and in the banking companies (acquisition and transfer of undertakings) act, 1980, a regional rural bank established under the regional rural banks act, 1976, the industrial development bank of india established under the industrial development bank of india act, 1964 ..... , national bank for agriculture and rural development established under the national bank for agriculture and rural development act, 1981, the life insurance corporation of india established under the life insurance corporation act, 1956, the industrial finance corporation of india established under the industrial finance corporation act, 1948, and such other financial .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1996Bom141; 1996(2)BomCR577
..... on the death of sir jamsetjee jeejeebhoy (5th bart) in 1931, sir cowasjee jehangir (1st bart), who was then the seniormost trustee, was appointed as the president. ..... class of creditors, devisees, legatees, heirs, legal representatives, beneficiaries or others; (c) the furnishing of any particular accounts by the executors, administrators or trustees and the vouching (when necessary) of such accounts; (d) the payment into court of any moneys in the hands of the executors, administrators or trustees; (e) directing the executors, administrators or trustees to do or abstain from doing any particular act in their character as such executors, administrators or trustees; (f) the approval of any sale, purchase, compromise or other transaction; (g) the determination of any question arising in the administration of the estate or trust. ..... 564 of 1964 decided on october 6, 1972, had an occasion to consider this aspect while considering the question under the bombaypublic trust act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom50; 1981MhLJ413
..... explanation ii only sought to specify the acts or omissions of the landlord implicit in the section itself in view of this clarificatory amendment and that the true import and implication of the above observation were that the natural connotation of the word 'withhold' in the context is a restricted one, intended to cover only some positive acts or omissions resulting in the loss of amenities to the tenant.the learned single judge also referred to the earlier decision of datar j.in the bombay bullion case : (1960)62bomlr380 observing that while the ratio of that judgement undoubtedly ..... 1 and 2 nor can the letter dated april 18, 1964 , written nearly four months after the complaint had been filed, be taken into account for holding that the appellant was adopting coercive methods, for instance, by cutting off supply of electricity on december 20, 1963 for getting vacant possession of the property. ..... , 1965, the lift stopped working by which time sir cawasji had ceased to be the owner and one m/s onkar investments and properties ltd. ..... coming to the later decision of learned single judge in dhanrajmal's case, 75 bom lr 245 : (1973 cri lj 1848) , the facts in that case were that a three-storeyed building known as 'calcot house' once belonged to sir cawasji jahangir. .....
Tag this Judgment!Court : Mumbai
Reported in : 2Ind.Cas.701
..... . in my opinion, the saving clause in section 1 of the indian trusts act has no applicability to the repealing section that immediately follows, and that section 7 of the statute of frauds is wholly repealed by section 2 of the indian trusts act of 1882 ..... here. it runs thus:and whereas the power of appointing new trustees contained in the said hereinbefore recited indenture of the 9th of december, 1852, hath hitherto been unexercised and the premises subject to the trust thereof are now vested in the said sir jamsetji jijibhoy (party hereto) as the sole surviving trustee of the said indenture; and whereas the said parsi punchayet of bombay now consists of and is represented by the following persons, that is to say, sir jamsetji jijibhoy (party hereto), hirjibhoy hormusji sethna ..... . our decree on this part of the case will be to declare that the surviving defendants are not validly appointed trustees of all the funds and properties of the parsi punchayet, except properties 10thly and 11thly described in the trust deed of 1884, exhibit u; but that the court appoints them, together with the present sir jamsetji jijibhoy, trustees for life of those funds and properties and vests all the trust funds and properties in ..... take, again, the case of the 2nd plaintiff, sir cowasji jehangir, who bears the name of his great uncle and adoptive father-a name always honoured in the ..... trustee. the donor sir cavasji jehangir is before us and keenly contests the assumption of such powers by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All135
..... . state of bihar : [1951]19itr108(sc) while considering the provisions of bihar sales tax act, it was observed as follows:'it is true that the board's order is based one what is stated by the high court to be the correct legal position, but the fact remains that the order of the high court standing by itself does not affect the rights of the parties and the final order in the matter is the order which is passed ultimately by the board of revenue ..... court should not proceed with the supremacy of parliament by employing expressions 'notwithstanding' and 'subject to' and the court should consider the scope of the entries under which the legislation has been enacted, fourthly, there would be no conflict between the two lists if on the application of doctrine of pith and substance, the legislation falls exclusively in one list and the tresspass is only incidental and fifthly the general entry in one list of the seventh schedule of the constitution is not to be interpreted as to obliterate the subject-matter of a specific ..... in the year 1964 united provinces molasses (con-trot) act 1947 was repealed and an act known as u.p. ..... . commissioner of income-tax, punjab, ilr 12 lah 725 :(air 1931 lah 578) (sb) and jehangir v ..... . in in re the central provinces and berar sales of motor spirit and lubricant taxation act, 1938 sir maurice gwyer proceeded to state:'47 .....
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