Court : Karnataka
Decided on : Mar-09-1950
Reported in : AIR1951Kant5; AIR1951Mys5
..... interest of any kind at a rate exceeding 6 per centum per annum with yearly rests in respect of any loan made after the commencement of this act under a contract which provides for the payment of compound interest. 16. where the interest charged is in excess of the rates prescribed as maximum in sections 14 and 15, the court shall .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-14-1950
Reported in : AIR1950All465
..... the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed commits forgery.'under section 465, punishment for forgery is two years' rigorous imprisonment or fine or both. section .....Tag this Judgment!
Court : Allahabad
Decided on : May-11-1950
Reported in : AIR1950All648; 24ITR395(All)
malik, c.j.1. this is a reference under section 66 (1), income-tax act read with section 25, excess profits tax act. the assessee was a joint hindu family owning considerable property in banaras and carrying on business under the name and style of messrs. sohan pathak & sons. the sohan pathak's family tree is as follows : sohan pathak _____________________________|___________________________ | | | | gridhar ganesh maheah ram shyam suder | | | | ______|_______ __|_________________ | | | | | | | | |man mohan chandra mohan badri nath gopi nath radhey | | | mohan | | jitendra mohan | | _________________________________________________| | | | | | hira lal panna lal kishori lal | | | |kamal narain. hirday narain | ___________________________________________________________| | | | | shri nath ram mohan shyam mohan krishna mohanthe joint family was carrying on extensive business in banaras brocade goods and in the year 1943-44 it had made a profit of rs. 26,802. in 1944-45 upto 16th july 1943, it made a profit of rs. 64,776 which was well in excess of the amount on which excess profits tax was payable, i. e., rs. 36.000. on 16th july 1943, the adult members of the family are said to have made a partial partition by dividing the banaras brocade business, the status of the joint family remaining joint and the other property also not being divided. after this division on 16th july 1943, on 17th july 1943, they started two partnership firms under the name and style of (1) sohan pathak .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-07-1950
Reported in : AIR1951All572
..... not be given to a transferee who has undertaken to pay up the mtge . it was not intended that a transferee should be given protection against the terms of the contract entered into by him with his transferor......we are, threfore, inclined to the view that the words 'who has taken the transfer subject to the mtge' do not refer to .....Tag this Judgment!
Court : Allahabad
Decided on : May-11-1950
Reported in : 19ITR199(All)
malik, c.j. - this is a reference under section 66(1) of the income-tax act read with section 21 of the excess profits tax act. the assessee was a joint hindu family owning considerable property in banaras and carrying on business under the name and style of messrs. sohan pathak & sons. the sohan pathaks family tree is as follows :-sohan pathak girdharganeshmahesh ramshyam sunder man mohanchandra mohanbadri nathgopi narayanradhey mohan jitendra mohan hira lal panna lal kishori lal kamal narain hirday narain shri nathram mohanshyam mohankrishna mohan the joint family was carrying on extensive business in banaras brocade goods and in the year 1943-44 it has made a profit of rs. 26,802. in 1944-45 upto july 16, 1943, it made a profit of rs. 64,775 which was well in excess of the amount on which excess profits tax was payable, i.e., rs. 36,000. on july 16, 1943, the adult members of the family are said to have made a partial partition by dividing the banaras brocade business, the status of the joint family remaining joint and the other property also not being divided. after this division on the july 16, 1943, on the of july 17, 1943, they started two partnership firms under the name and style of (1) sohan pathak girdhar pathak, and (2) g. m. pathak & co. the two firms carried on the same business as the joint family was carrying on. the partners in sohan pathak girdhar pathak were said to be -shyam sunder, major 2 annas sharehira lal,' 2 'panna lal,' 2 'man mohan, minor 4 'gopi .....Tag this Judgment!
Court : Chennai
Decided on : Feb-14-1950
Reported in : (1950)IIMLJ607
orderviswanatha sastri, j.1. these three civil revision petitions arise out of three suits instituted in the court of the district munsif of tenali, by the head of the uttaradi mutt as trustee of a religious endowment, for the recovery of lands in the possession of the defendants in the respective suits. the averments in the pleadings, the issues raised and the evidence adduced ate common to the three suits which were tried together and decided by a common judgment, both original and appellate. the lands in suit are situate in devarapalle agraharam. the plaintiff's case was that the defendants in each of the three suits were his lessees whose term had expired but who, nevertheless, continued in possession of the lands under an untenable claim of permanent occupancy rights. the defendant contended that the lands in the suit were 'ryoti' lands situated in an 'estate' and that they had therefore acquired occupancy rights therein under section 6 (1), madras estates land act, hereinafter referred to as the act. they also pleaded that the civil court had no jurisdiction to try the suits. the learned district munsif upheld the plea of the defendants and returned the plaints in the three suits for presentation to the revenue court. on appeal the learned subordinate judge reversed that decision and directed the lower court to proceed with the trial of the three suits holding that the lands in question were not ryoti lands and that the suits for the ejectment of the tenants of those .....Tag this Judgment!
Court : Kolkata
Decided on : May-26-1950
Reported in : AIR1951Cal225
..... expresses no opinion on the merits of the controversies between the parties and does not act in invitum but merely puts the agreement on the record of the court. a contract or an agreement is made thus between the parties which passes without alteration into the record of the court and specially as in this case with the express provision in .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-27-1950
Reported in : AIR1951Bom86; (1951)53BOMLR218; ILR1951Bom473
..... , section 15 deals with the delegation of powers by the central govt. to the govt. of bombay. section 16 is in the nature of an indemnity clause. section 17 is the rule-making section.3. now it is not disputed by mr. engineer on behalf of the pltf. that the legislature ..... sholapur mills. it brings about the termination of the office of the old directors & provides for the appointment of new ones, it terminates the managing agency contract of the managing agents, & it places restrictions upon the free exercise of the right of vote of the share-holders. what we have to decide is ..... deals with filling up of casual vacancies. section 10 provides that no managing agent shall be entitled to any compensation for the premature termination of his contract under this ordinance, section 11 deals with the cancellation of the appointment of directors appointed under the ordinance, & it states that if at any time ..... who were holding office im.mediately before the issue of the order appointing new directors shall be deemed to have vacated their offices; (2) any contract of management between the company & any managing agent thereof shall be deemed to have terminated; (3) it is a direction to the directors to ..... passed at the meeting of the company. therefore, undoubtedly, the directors whose office abruptly came to an end had a certain benefit under the contract between themselves & the company. the question is whether such a benefit would be 'property' within the meaning of article 31. now, it is not .....Tag this Judgment!
Court : Chennai
Decided on : Nov-28-1950
Reported in : AIR1951Mad693; (1951)IMLJ248
govinda menon, j.1. these two appeals arise out of o. p. no. 27 of 1948 in the district court of east tanjore, which was a petition under section 84(2), madras hindu religious endowments act, to set aside the decision of the hindu eeligioub endowments board in o. a.no. 279 of 1946.2. sri thiagarajaswami devasthanam, tiruvarur, in tanjore district, is a famous hindu religious institution and in the ulthukurai kattalai attached to the temple, it is common ground, 'that the hereditary trusteeship vested in two families, viz., the bava family and the vadapathimangalam family. bava vaithilinga mudaliar and v. s. thyagaraja mudaliar were the two trustees of this kattalai, each of whom representing his own family, before the death of vaithilinga mudaliar on 6-4-1943 leaving him surviving a widow, a daughter, a daughter's son and two brothers, viz., bava g. gopala-swami mudaliar and bava c. panchapakesa mudaliar. on account of disputes as to who should succeed to the hereditary trusteeship of the ulthurai kattalai in the place of the deceased vaithilinga mudaliar, one of his undivided brothers bava gopalaswami madaliar,filed o. s. no. 117 of 1946 on 3-4-1946 in the court of the district muosif of tiruvarur, praying for a decree that he is the hereditary trustee of the ulthurai kattalai of sri thyagarajaswami temple at tiruvarur and for possession of the said office with such further and other reliefs as were necessary. to that suit the hindu religious endowments board was impleaded .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-08-1950
..... of said plant, including the training of operating personnel . . . but excluding the procurement and supervision of the installation of manufacturing facilities (to be done, under a like contract, by the contractor's parent corporation, western cartridge company), and operate said plant. . . ." (emphasis supplied.) it would have been simple for the government to have ordered ..... (a) the congress hereby finds that the fair labor standards act of 1938, as amended, has been interpreted judicially in disregard of long established customs, practices, and contracts between employers and employees, thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation, upon employers, with the results that, if said act as so interpreted ..... and services heretofore and hereafter purchased by its various departments and agencies would be unreasonably increased and the public treasury would be seriously affected by consequent increased cost of war contracts . . ." " * * * *" "the congress further finds and declares that all of the results which have arisen or may arise under the fair labor standards act of ..... the plant, including labor costs. the contractor was even allowed costs of production of munitions that did not meet specifications and could not be used. the government contracted for electric power, telephone, teletype, and telegraph services itself and paid the bills directly, and provided employees traveling on business with tax-free transportation tickets. at .....Tag this Judgment!