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Judgment Search Results Home > Cases Phrase: income tax act Year: 1958 Page 41 of about 475 results (0.095 seconds)

May 03 1958 (HC)

Wasudeo Vs. Nagpur Corporation (by the Executive Officer)

Court : Mumbai

Decided on : May-03-1958

Reported in : (1958)IILLJ519Bom

..... a quasi-permanent service.'it has further been observed in the same decision : 'it follows from the above discussion that both at the date of the commencement of the 1935 act and of our constitution the word 'dismissed,' 'removed' and 'reduced in rank,' as used in the service rules, were well understood as signifying or denoting the three major punishments which ..... is temporarily appointed in a clear vacancy. there is no doubt that his reversion would result in a reduction in wages from what he was drawing for the period he acted as a filter attendant. but, in my opinion, it is not in every case where a man's wages would be affected that a notice of change is necessary but .....

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Apr 16 1958 (HC)

State of Bombay Vs. Giridharilal Shankerlal Patel

Court : Mumbai

Decided on : Apr-16-1958

Reported in : (1958)60BOMLR1137; (1958)IILLJ700Bom

..... given without affording to him any opportunity to render explanation or to show cause, absence of such opportunity did not affect the termination of the plaintiff's employment; that the act of the government bombay in not absorbing the plaintiff in the bombay medical service and discharging him from service was not illegal an ultra vires, and that the plaintiff could ..... the union of india, and that the plaintiff had no right to sue for the relief claimed by him, as the termination of employment of the plaintiff amounted at an act of state. the defendant further contended that rule 1(a)(1) of the rules framed by the government, under which the plaintiff was discharged, was properly framed and that as .....

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Mar 31 1958 (HC)

Romesh Chandra Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Decided on : Mar-31-1958

Reported in : AIR1959HP17

..... by a state for the purpose of a municipality on a calling shall not be invalid on the ground that it relates to a tax on income, every legislation relating to such a tax cannot ignore the provisions of clause (2) of the said article. there must be something either in the language of such legislation or in the circumstances or manner of ..... -law, with such modifications, not affecting the substance, as may be necessary or proper in the circumstances.' accordingly, he submitted that in construing the provisions of section 61(2), municipal act the peculiar position of the himachal pradesh as a part c state should not be lost sight of. in other words, i was requested to hold that the municipal committee ..... be states and become merged with the central government.' learned counsel for the respondent no. 2 (municipal committee of mandi) pointed out that, when the provisions of the punjab municipal act, 1911, were applied to himachal pradesh on 25-12-1948, vide government of india, ministry of states notification no. 386, ib of the same date, it was made clear that ..... entertainment of the public, admission being regulated by tickets. on 19-7-1956, by means of a notification, purporting to be one under section 62(6a) of the punjab municipal act, 1911, as applied to himachal pradesh, the municipal committee of mandi, with the previous sanction of the lieutenant-governor, himachal pradesh, imposed a show .....

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Sep 24 1958 (HC)

Dewan Singh Hira Singh Vs. Minerva Films Ltd.

Court : Punjab and Haryana

Decided on : Sep-24-1958

Reported in : AIR1959P& H106

..... general meeting. applying the doctrine of internal management, it was held that the applicants for shares were entitled to assume that the directors were acting regularly and that the sanction of the company in general had in fact been obtained and therefore the allotments could not be avoided.26. the ..... cannot be rendered illegal and void from any irregularity in the proceedings of the company nor even by an excess of authority the plaintiffs having acted with good faith, and the shareholders not being prejudiced. the plaintiffs have bona fide advanced their money for the use of the company, giving ..... every one, i imagine (unless itadopts the form provided by the statute, and thatcomes to the same thing) has its partnership deedunder which it acts. those articles of associationand that partnership deed are open to all who are minded to have any dealings whatsoever with the company, and those who ..... were within the scope of their powers conferred upon them by the share-holders of the company. they were not bound to inquire- whether the acts of the directors which, as in this case, related to internal management, had been properly and regularly performed.even where the directors exceed their ..... the register of members is not entitled to an order ex debito justitiae. the jurisdiction under this provision and under similar provisions under the previous acts is unlimited, but it has always been open to the courts to allow or reject the petition, and in exercising the discretion they are .....

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Jan 15 1958 (HC)

Rajah Yenumula Suryanarayana Murthy Dora and anr. Vs. State of Madras ...

Court : Andhra Pradesh

Decided on : Jan-15-1958

Reported in : AIR1959AP487

..... officer and also filed certain correspondence not of a very helpful kind but withheld documents which would have established the real state of affairs regarding the income which the appellants were deriving from various sources. having failed to avail themselves of the opportunities afforded to them, the appellants could not complain that ..... not given them second opportunity. the officers concerned are not bound to start another enquiry to suit the whims of the parties.20. further, the pensions act does not contemplate any elaborate enquiry as in the case of a civil court. the following remarks in babaji hari v. rajaram balial, ilk 1 bam ..... discretion reserved to themselves that the government passed that order and not in exercise of any of the powers conferred by section 5 of the pensions act. since the basis of the grant of the pension was not in recognition of any, right but as a matter of grace or bounty taking ..... . thus it is clear the first order is not traceable to any tight or claim which the appellants urged before the government but more to an act of bounty.14. it could be seen from the g. o. issued in 1923 that the government at the time of substituting the cash grant ..... the government to do it.8. before we examine the soundness of the contentions, it is convenient to extract the relevant sections of the indian pensions act, 1871.'4. except as hereinafter provided, no civil court shall entertain any suit relating to any pension or grant of money or land-revenue conferred or .....

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Apr 30 1958 (HC)

Ram Chandra Deb Vs. the State of Orissa

Court : Orissa

Decided on : Apr-30-1958

Reported in : AIR1959Ori5

..... to remove the raja for misconduct which was expressly provided in regulation iv of 1809 was omitted from this regulation. soon after the abolition of the pilgrim tax, government in 1843 handed over to the raja of puri the estate known as 'sathais hazari mahal' yielding an annual rental of rs. 17420/- ..... began. the moghul rule lasted till about 1756. history records that the local muslim governors ousted the raja from the management of the temple levied a tax on pilgrims and took over the management themselves, primarily because it was lucrative.during the mahratta period also (1756 to 1803) the management of the ..... 1954 scr 1055: (air 1954 sc 388) (g) the constitutional validity of sections 55 and 56 of the bombay act which permitted the application of the doctrine of by pres in regard to the income from a religious institution was considered. their lordships held it to be invalid on the following grounds at p. 1071 ..... used to meet the expenses of the temple amounting to about rs. 53,000/- per annum by imposing a tax on pilgrims and paying the collections to the raja.after the abolition of the pilgrim tax in 1840, a mahal known as sathais hazari mahal yielding an annual rental of rs. 17420/- was made ..... him from the post on proof of misconduct. that regulation also provided for the levy of a tax on pilgrims who may visit the temple. but in 1840 by another regulation (regulation x of 1840) pilgrim tax was abolished. section 2 of that regulation was as follows:'2. and it is hereby enacted .....

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Apr 23 1958 (SC)

Mohd. Hanif Quareshi and ors. Vs. the State of Bihar

Court : Supreme Court of India

Decided on : Apr-23-1958

Reported in : AIR1958SC731; [1959]1SCR629

..... india. indeed pandit thakurdas bhargava appearing as amicus curiae has claimed rs. 63,00,00,000 per year as the contribution of the dung of these animals to the national income. 40.the discussion in the foregoing paragraphs clearly establishes the usefulness of the cow and her progeny. the sustain the health of the nation by giving them the life ..... preservation, protection and improvement of the stock and organise our agriculture and animal husbandry on modern and scientific lines. we have, therefore, to examine the provisions of the impugned acts and ascertain whether they help in achieving the said objectives, or are calculated to hinder that process. in that context all the considerations above alluded to must enter the judicial ..... than the slaughterers of, say, goats and sheep. the impugned acts, therefore, have adopted a classification on sound and intelligible basis and can quite clearly stand the test laid down in the decisions of this court. whatever objections there may be ..... well defined class and distinguishes them from those who kill goats and sheep and this differentia has a close connection with the object sought to be achieved by the impugned act, namely, the preservation, protection and improvement of our livestock. the attainment of these objectives may well necessitate that the slaughterers of cattle should be dealt with more stringently .....

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Aug 08 1958 (HC)

Jaldu Anantha Raghurama Arya Vs. Jaldu Bapanna Rao and ors.

Court : Andhra Pradesh

Decided on : Aug-08-1958

Reported in : AIR1959AP448

..... learned advocate-general. therefore, if it is the exception to that section which applies to this case the legatees would not be entitled to the income between the two material dates. however, in our opinion, the appropriate provision in this context is not the exception but the main section itself. ..... what we have stated. on the other hand, the observations in some of the cases are detrimental to this respondent.the 5th defendant was acting mala fide as indicated above and moreover the application for amendment of the written statement as also for the deletion of some and recasting ..... the defendant from removing shingle from the fore-shore. the defendant claimed an easement by reason of his enjoyment entitling him to do the acts complained of and also stated that the plaintiff was in possession of the foreshore in question subject to his the trial he ..... above because they were holding office of: executors and not in their individual capacity.24. the rule enacted in section 311 of the indian succession act places the matter beyond controversy. section 311 provides:'when there are several executors or administrators, the powers of all may, in the absence of ..... , jaldu manikyalarao, pulaparti viswanadhani. it is provided that at my death all my estate shall vest in the three individuals mentioned herein who shall act according to the provisions mentioned in the wilt is provided that from chaitra sudha panchame of year swablianu separate accounts shall be maintained and .....

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May 19 1958 (SC)

Neelakantan Damodaran Namboori and anr. Vs. Velayudhan Pillai Narayana ...

Court : Supreme Court of India

Decided on : May-19-1958

Reported in : AIR1958SC832

..... . vasudevan namboori set up his defence to that suit that the agreement was executed in recognition of his daughter's share and consequently to enjoy the income from the illom propertiesection on 14-12-1106, narayanan namboori filed an application in that suit denying that the marriage of the appellants was celebrated in ..... therein. the appellants also, notwithstanding the execution of exhibit c, never lived in the family house except for 10 daysection they never enjoyed the family income nor did they ever claim any share in it. they did not set up that they were married in sarvaswadanam form except in the document nangayya ..... for executing the document in the year 1112. on the other hand, it was brought to our notice that by reason of the 'malayalee brahmins' act, (act iii of 1106),' the right of management could be validly assigned only under a document and that therefore after the death of the karnavan vasudevan namboori, ..... the previous karnavan and that the said compromise was not binding on him. with regard to the said property, the state enhanced the tax. narayanan namboori, therefore, instituted o. section no. 107 of 1114 in the district court of kottayam for setting aside the order of the state enhancing ..... the tax. to that suit, the state was impleaded as the first defendant and defendants 1 and 2 in o. section 20 of 1116 as defendants .....

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Nov 27 1958 (HC)

Vanguard Fire and General Insurance Co. Ltd. Vs. Sarla Devi and ors.

Court : Punjab and Haryana

Decided on : Nov-27-1958

Reported in : AIR1959P& H297

..... only contention raised on behalf of the company was thatthe plaintiff had benefited -by the death of atmaram inasmuch as they had inherited his businessyielding considerable income. now sarla devi thewidow of the deceased has stated that since thedeath of her husband his brothers had not lookedafter her or her children and that ..... the present set up of things' the trade of booksellers & publishers has a bright future in this country & it can safely be held that the income of atma ram was likely to increase by passage of time rather than go down.his earning capacity was, therefore, likely to improve for some time to ..... 582. from this principle it follows that malik chand having engaged ishwar dass to drive the vehicle though within certain time is responsible for hiswrongful act if that act is committed outside those hours. in this view of the matter it must be held that this contention also fails.34. this brings me to ..... june 1950 but as be had not converted the lorry he was granted extension of time and it was for the october/december period that the tax was paid by malik chand for a' transport vehicle with the sanction of the state transport authority. it follows that the soda fountain was ..... basic figure which will generally be turned into a lump sum by taking a certain number' of years' purchase. that sum, however, has to be taxed down by having due regard to uncertainties, 'for instance that the widow might have again married and thus ceased to be dependant, and other like matters .....

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