Court : Supreme Court of India
Reported in : AIR1956SC643; 2001(49)BLJR2282; 1956CriLJ1254
Bose, J.1. The appellant Ramjanam Singh was prosecuted under Section 161, Penal Code, read with Section 5, Prevention of Corruption Act, 1947, for having accepted a bribe. He was acquitted by the trying Magistrate but was convicted by the High Court on an appeal against the acquittal and was sentenced to one year's rigorous imprisonment. He was given special leave to appeal by this Court.2. The appellant was a Sub-Inspector of Police at all material times. He was in charge of the Dinapore Police Station and was investigating dacoity charges against the complainant Sitaram Dusadh (P. W. 2) under Sections 395 and 399/402, I. P. C. on the relevant dates. The prosecution story is that during the course of the investigation the appellant demanded Rs. 100/-for himself and Rs. 25/- for his Assistant Sub-Inspector as a bribe for dropping the proceedings against the complainant whom we shall hereafter call P.W. 2. On 17-10-1951 he is said to have been offered and to have accepted the Rs. 100/-....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC58; (1955)57BOMLR628; [1954]26ITR758(SC); [1955]1SCR829
Das, J. 1. This appeal is directed against the judgment pronounced on the 7th September, 1951, by the High Court of Judicature at Bombay on a reference made at the instance of the appellant under section 66(1) of the Indian Income-tax Act, 1922. By an assessment order dated the 31st March, 1948, the appellant was assessed by the Income-tax Officer, Bombay, for the assessment year 1947-1948 on a total income of Rs. 19,66,782 including a sum of Rs. 9,38,011 representing capital gains assessed in the hands of the appellant under section 12-B of the Act. The said amount of capital gains was earned by the appellant in the following circumstances. The assessee had a half share in certain immovable properties situate in Bombay which were sold by the assessee and his co-owners during the relevant accounting year which was the calendar year ending on the 31st December, 1946, to a private limited company known as Mafatlal Gagalbhai & Company Ltd. The profits on the sale of the said properties am...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC50; [1955]27ITR82(SC); [1955]1SCR822
Venkatarama Ayyar, J. 1. This is an appeal from the judgment of the High Court of Calcutta on a reference under 66(1) of the Income-tax Act. The appellant is a Company which came into existence in 1870 as an unregistered association, and in 1906 it was registered under the provisions of the Indian Companies Act. Its business consists exclusively in granting terminable pensions or annuities dependent on human life in favour of the subscribers or their nominees. The dispute in this appeal relates to the assessment of the profits of the Company for Income-tax for the periods, 1943-1944, 1944-1945, 1945-1946 and 1946-1947. 2. To follow the points in issue, it will be useful to refer to the statutory provisions bearing on the matter. Section 2(11) of the Insurance Act, 1938, defines 'life insurance business' as meaning 'the business of effecting contracts of insurance upon human life' and as including 'the granting of annuities upon human life.' The business of the appellant company would t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC98; [1955]27ITR128(SC); [1955]1SCR849
Das, J. 1. This is an appeal from the judgment pronounced by the High Court of Judicature at Madras on the 29th March, 1951, on a consolidated reference by the Income-tax Appellate Tribunal under section 66(1) of the Income-tax Act whereby the High Court answered in the affirmative both the referred questions which were expressed in the following terms : (1) Whether on the facts and in the circumstances of the case the profits derived by the assessee company from sales made to European and American buyers arose outside British India (2) Whether on the facts and in the circumstances of the case the profits derived by the assessee company from sales made to European and American buyers were received outside British India 2. The above questions of law arose out of proceedings for the assessment to income-tax of the respondent, Mysore Chromite Ltd. (hereinafter referred to as the assessee company), for the years 1939-1940, 1940-1941, 1941-1942, and 1942-1943. The facts leading up to the r...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC53; [1955]1SCR862
Mukherjea, J. 1. This appeal is directed against a judgment of an appellate bench of the Calcutta High Court, dated the 24th February, 1953, reversing, on appeal, the judgment and order of a single Judge sitting on the Original Side of that Court, passed on an application under section 34 of the Arbitration Act. The material facts are not in controversy and may be shortly stated as follows : On the 7th of July, 1950, the respondent, Moran and Company Limited, passed two Bought Notes to the appellant company, couched in identical terms, under which the appellant purchased 12,00,000 yards of hessian cloth, 6,00,000 yards under each contract, on certain terms and conditions stated therein. The delivery was to be made every month from January, 1951, at the rate of 1,00,000 yards per month under each of those notes and payments were to be made in cash on delivery, each delivery being treated as a separate and distinct contract. The Bought Notes commenced thus : 'Dear Sirs, We have this da...
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