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Judgment Search Results Home > Cases Phrase: income tax act Year: 1958 Page 46 of about 475 results (0.128 seconds)

Jun 09 1958 (HC)

Smt. Sobhana Sen Vs. Amar Kanta Sen

Court : Kolkata

Decided on : Jun-09-1958

Reported in : AIR1959Cal455

..... on the whole a reasonable assessment of the wife's need for maintenance, nor that the learned judge's assessment that rs. 25/- is the net income of the wife is wrong, nor have we been shown anything which justifies interference with the learned judge's assessment of the probable costs in the ..... . it is well-known that orders for maintenance are passed even at a very late stage of the proceedings. in my judgment, the learned judge acted arbitrarily in the exercise of his jurisdiction in refusing to order payment of maintenance with effect from the date of service of notice.13. i would, ..... in the previous part of the section. viewed from this angle, the position is that just as orders and decrees made in any proceeding under the act shall be enforced in a particular manner, they will also be appealable but the appeals will be dealt with in a particular manner.9. if the ..... decree for judicial separation and a decree for divorce and also the different orders for which special provision had been made in the previous sections of the act, viz., orders under section 24 in the matter of maintenance pendente lite and expenses of proceedings, orders under section 25 for permanent alimony and maintenance ..... an appeal would have lain. this would be the result of the principle laid down in the case of adaikappa chettiar v. chandrasekhara thevar . the act, however, has made definite provisions as regards appeals and it is not necessary for us to consider the principle laid down in adaikappa's case.the .....

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Apr 03 1958 (HC)

Hoti Lal Vs. Raj Bahadur

Court : Rajasthan

Decided on : Apr-03-1958

Reported in : AIR1959Raj227

..... not think that much argument is required. oath commissioners charge certain fees for verifying affidavits and these fees bring them income. in the case of bharatpur, there is evidence that the income of an oath commissioner is roughly rs. 50/- per month. thus the office of the oath commissioner brings a ..... holder;' some argument seems to have been addressed on the basis of the definition of the words 'appropriate government' in section 9 of the act. it is enough to say that that definition cannot control article 102 of the constitution. that definition has been provided because of certain provisions made ..... the government and the person holding the office inasmuch as the oath commissioner has to follow the directions, if any, of the district judge and act according to the rules. the office is certainly for a specified period. we are, therefore, of opinion that the oath commissioner holds an office. ..... by parliament in conformity with article 102(1)(e) in section 7 of the act relating to contractors and directors or managing agents of companies etc. vide section 7(d) and (e).it is in that connection that the words ..... the nomination paper of shri mukat was rightly rejected and that shri hansraj was properly treated as a retired candidate under section 55a of the act. it was also contended that the applicant had failed to prove that the result of the election had been materially affected by treating shri .....

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Mar 07 1958 (HC)

Hotha Sitarama Sastry Being Minor by Mother and Guardian Hotha Kameshw ...

Court : Andhra Pradesh

Decided on : Mar-07-1958

Reported in : AIR1959AP359

..... of section 5 of the fifth schedule are substantially the same as of section 92 of the government of india act on which there is authoritative pronouncement of the federal court in chatturam v. commr. of income tat bihar, 1947-2 mad l j. 432: (air 1947 fc 32) and jatindra nath gupta v. ..... it will not be a substantial question.'in the instant case, no doubt, the provisions of the constitution of india and not the government of india act were for consideration. it is also clear that there is no direct authority of the supreme court on this point, and further that as observed in ..... directly arises in the case for determination but also is of some substance, but as discussed in the judgment, the corresponding provisions of the government of india act embodied in section 92 have been authoritatively interpreted by the then highest court of the land i. e., the federal court. the question, therefore, is ..... the notification issued by the government of madras thereafter under section 1(4) of the madras estates (abolition and conversion into ryotwari) act, xxvi of 1948 fixing a particular date for taking over the estates of gangolu a and c estates is invalid and liable to be quashed, have ..... a. nos. 149 and 150 of 1957 whereby the contentions of the petitioners that regulation iv of 1951 made by the governor of madras purporting to act under section 5(2) of the fifth schedule of the constitution was ultra vires the powers of the governor and is a colourable legislation and that .....

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Jan 13 1958 (HC)

Dulal Samanta Vs. the District Magistrate, Howrah and ors.

Court : Kolkata

Decided on : Jan-13-1958

Reported in : AIR1958Cal365

..... of howrah where he cultivates 2 1/2 bighas of land a part of which is used as a pan baroj. according to him the income from the land is not enough and he, therefore, works as a day labourer by selling green vegetables. the petitioner's family consists of ..... 28-7-1954, by which the district magistrate of howrah informed him:'you are hereby appointed special police officer under section xvii of the police act (act v of 1861) for a period of 6 months from date in respect of the place mentioned i' the schedule given below'. the schedule ..... the locality are engaged in the present political movement which has resulted in wholesale resiguations of choukidars and extensive propaganda for non-payment of choukidari tax'.in fact, babhans who were regarded as the most terrorising people in the sub-division of begusaral were in that case attempted to be enrolled ..... repealed or amended by a competent legislature or other competent authority'.32. it was contended that although under this provision of the constitution the police act of 1861 continued in force, stillit could only do so subjectto the other provisions in the constitution. it was then argued that the other ..... maintenance of the public peace and order to supplement the police force ordinarily employed there. accordingly the district magistrate justified his appointment under the police act on those considerations and facts.11. i shall take up first the objections to this appointment under the statute. the appointments have been made under .....

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Dec 10 1958 (HC)

In Re: U.N. Mandal's Estate Private Ltd.

Court : Kolkata

Decided on : Dec-10-1958

Reported in : AIR1959Cal493,[1960]30CompCas172(Cal),63CWN889

..... never heard of a real or regular company which is not an illusory one like the present, dividing according to shares a particular item of income in this manner. it only shows this that the company was only a name. 19. i may mention here two other properties. one is ..... necessary to evolve an administrative machinery for the protection and disposal of the assets of a company, dissolved under section 560 of the companies act 1956. for unclaimed dividends and undistributed assets of companies in liquidation there is provision for their going to the public account of india in ..... for ventilating private family squabbles. these private squabbles although raised on the level of company administration and interpretation of the sections of the companies act do not make them any the less domestic. the members of a family have fallen out. when they do, a company court and a ..... exclusion of one another. the partition, therefore, was not only agreed between all the parties but was accepted and acted upon. in proof of such conduct, many instances have been adduced. basically those instances have not been controverted by applicant nagendra. i shall make ..... to be illusory. 16. the entire subsequent conduct of the patties and treatment of these properties also show almost conclusively that the company neither acted nor behaved as owner of any property nor exercised even any rights of ownership. the parties continued to enjoy their properties individually and in .....

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Nov 24 1958 (SC)

N.T. Veluswami thevar Vs. G. Raja Nainar and ors.

Court : Supreme Court of India

Decided on : Nov-24-1958

Reported in : AIR1959SC422; [1959]Supp1SCR623

..... the legislature subject only to the limitations enacted in articles 84, 102, 173 and 191 of the constitution and sections 3 to 7 of the act, and sections 36 and 100 provide the machinery for the exercise and enforcement of that right. it is a sound rule of construction that procedural ..... for decision is whether in an election petition questioning the propriety of the rejection of a nomination paper under section 100(1)(c) of the act, it is open to the parties to raise grounds of disqualification other than those put forward before the returning officer. 8. it will be ..... further objection was also taken before the learned judges that as the decision of the election tribunal was open to appeal under section 116a of the act, the court should, in exercise of its discretion under article 226, decline to entertain writ petitions against interlocutory orders. but the learned judges held ..... in which the state government has financial interest, the objection is upheld and sri s. arunachalam is disqualified under sections 7(d) and (e) of act 43 of 1951. accordingly his nomination is rejected.' 3. the five nomination papers were accepted; two of the candidates subsequently withdrew from the election; the ..... the scope of an enquiry in an election petition wherein election is called in question under section 100(1)(c) of the representation of the people act, 1951 (43 of 1951), on the ground that a nomination paper had been improperly rejected. 2. the facts are that during the general elections .....

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Dec 16 1958 (HC)

Sri Rekapalli Virabhadrudu and ors. Vs. R. Suryanarayanamurthy and ors ...

Court : Andhra Pradesh

Decided on : Dec-16-1958

Reported in : AIR1960AP636

..... he has not been properly looking after the plaintiffs since his remarriage or caring for the welfare and educational interests of his children but secreting incomes of the joint family and fabricating vouchers as evidence (sic) borrowing and that therefore it is injurious for (sic) plaintiffs to remain joint with ..... the 1st defendant sold the properties belonging to the joint family without necessity and secreted the realisations; secondly that other assets also like the incomes from the family lands have also been secreted and thirdly that the 1st defendant created false debts. before examining the evidence in regard to these ..... by the plaintiffs is in their interests. as has been already observed, the 1st defendant could not have been actuated by any motive to act against the interests of the plaintiffs till the death of his first wife which happened on 24-9-1948. the 1st defendant again married ..... utilised for family necessity. he stated that the dry lands in vadapalli without irrigation facilities did not yield good income while those purchased at narendrapuram are wet lauds yielding better income. his case is that he had done all this at the instance of his father-in-law and that ..... minor plaintiffs to sell the lands at vadapalli as they were fetching good income. the plaintiffs therefore claimed an account of their share of the incomes from these alienated properties. 7. the 1st defendant denied that he was acting against the interest of bis minor sons and stated that he did not .....

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Sep 13 1958 (HC)

Chittorui Subbanna Vs. Kudapa Subbanna and ors.

Court : Andhra Pradesh

Decided on : Sep-13-1958

Reported in : AIR1959AP607

..... these items. calculating at the rate of rs. 6/- per month, the rent would amount to rs. 72/- per year. the tax payable is rs. 6-4-9. deducting that sum, we fix the net income for these items at rs. 65-12-0 per year. we vary the decree of the subordinate judge accordingly.11. items 1, 4 ..... it would be reasonable to fix the rate at rs. 60/- per acre.16. as regards the b schedule properties, there is no convincing evidence that the subordinate judge acted wrongly in fixing rs. 30/- per year for the entire extent. we confirm the finding of the subordinate judge at the rate of rs. 30/- per year up ..... account the depression period. however, for the years 1941 to 1943. we fix the rate per bag at rs. 10/- as the prices had increased after 1940. the tax of rs. 11/- per acre will be deducted as stated by the subordinate judge in paragraphs 22 and 23.19. the 24th respondent is the legal representative of the ..... , low. we therefore enhance the amount by fixing rs. 50/- per acre up to 1940 and rs. 75/- per acre for the years 1941 to 1943. the tax of rs. 6-8-0 deducted by the learned judge from the aggregate amount is confirmed.15. as regards items 18 to 20, we confirm the judgment of the ..... , air 1955 trav co. 233, that order xx rule 12 c. p. c. merely enables the court acting under that provision of law to pass decrees for future mesne profits for three years but docs not prohibit them when acting under other provisions like order xxiii rule 3 c. p. c. from decreeing future mesne profits for more than .....

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Jul 31 1958 (HC)

Hasanbhai Adambhai Malvat Vs. Adambhai Malka Talat

Court : Mumbai

Decided on : Jul-31-1958

Reported in : (1959)61BOMLR415

..... was beings cultivated by opponent no. 3, but only half of the said 20 acres, namely, only 10 acres of that land. the mahakari next held that the income from the said 10 acres of land, to the possession of which the petitioner-landlord would be entitled, was only about rs. 1,000 to rs. 1,200 per ..... . his case is that the probable income of the other 20 acres of his land which is in possession of opponent no. 1 is about rs. 2,000 to rs. 2,500 per year. so ..... as the petitioner's case that he required to acres of his land from opponent no. 1 bona fide for personal cultivation is concerned, his contention is that his income from the 20 acres of land of which he is in possession and which he is personally cultivating is about rs. 1,400 to bs. 1,600 per year ..... of the 20 acres of land which was in possession of the tenant would not be the landlord's principal source of income for his maintenance. so far as the landlord's case under section 34 of the act was concerned, namely, the case that he was entitled to recover possession of 20 acres of his land from the tenant ..... year. that being so, said the mahalkari, that income was not the principal source of the petitioner's income for his maintenance. consistently with this view of the matter which the mahalkari took, he rejected the petitioner's application no. 3 of 1957 for .....

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Dec 18 1958 (SC)

Raja Bahadur K.C. Deo Bhanj Vs. Raghunath Misra and ors.

Court : Supreme Court of India

Decided on : Dec-18-1958

Reported in : AIR1959SC589; [1959]Supp1SCR952

..... loss or damage caused to the boundary marks defining villages. the grama panchayat, however, has not been assigned positively any functions under the orissa act which are discharged by a revenue officer the provisions of section 21(r) would not by itself convert a sarpanch of a grama panchayat ..... respect to companies, progressively, legislation has been giving power to the government to control and supervise them. under section 259 of the indian companies act, 1956, in certain circumstances, any increase in the number of its directors must be approved by the central government and shall become void if ..... discharged by the grama panchayat. the executive power of the grama panchayat shall be exercised by the sarpanch elected under section 10, who shall act under the authority of the said grama panchayat. the grama sasan shall elect, in the prescribed manner, from amongst its members an executive committee ..... such a person came within the provisions of section 123(7)(f) of the act. a sarpanch exercised under the orissa grama panchayats act, 1948, hereinafter referred to as the orissa act, mostly governmental functions like collection of taxes, maintenance of public accounts, etc. it thought that if such a person ..... an order in writing require the grama panchayat to levy or increase any tax, toll, fee or rate specified in sub-section (2) subject to the conditions and restrictions contained therein, if in his opinion the income of the grama panchayat is or is likely to be inadequate for the .....

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