Court : Mumbai
Decided on : Apr-29-1970
Reported in : AIR1972Bom238; (1972)74BOMLR131; ILR1972Bom317; 1972MhLJ340
..... at 9 per cent, per annum. they further contended that the plaintiffs had been over - paid and that the plaintiff firm was not registered under the indian partnership act, 1932, and therefore the suit was not maintainable. they also contended that ex. 42 was a bond and was not sufficiently stamped and was therefore not ..... instituted the suit for recovery of the said amount, interest and costs. the plaintiffs are a partnership firm and it has been proved that they were registered under the indian partnership act 1932. the defendants no. 1 are also a partnership firm. the defendant no. 2 is an admitted partner in the said firm. he is the ..... exhibited and used at the trial. under section 35 of the indian stamp act once a document is so admitted in evidence and used it cannot be thereafter questioned at any stage of the same proceedings or even in appeal. we ..... the evidence.22.the learned trial judge held that the agreement, ex. 42 was a bond, within the meaning of section 2(c) of the indian stamp act and was liable to be stamped with an ad valorem stamp duty due under art. 15. we, however, find that the document had already been ..... 42 bom lr 971, which brings out a distinction between a deposit and loan for the purposes of arts. 57, 59 and 60 of the indian limitation act, 1908. there the question was whether the amount was advanced was a deposit repayable on demand or a loan which must be repaid within 3 years .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-16-1970
Reported in : 78ITR427(Cal)
..... from giving any effect to the impugned notices.2. the facts as alleged in the petition are shortly as follows: under a deed of partnership dated the 24th july, 1960, and registered under the provisions of the indian partnership act, one bimala devi rateria, the wife of jaidayal rateria, and one krishnakanta rateria, wife of dewan chand rateria, agreed to carry on business ..... with equal shares on and from the aforesaid date under the name and style of p. k. trading company. subsequently, the partnership was reconstituted under a fresh deed of ..... by one nandanandan mishra, the present incumbent to the post of income-tax officer, 'k' ward, district 1(1), calcutta, it is stated, inter alia, that the alleged partnership constituted by these two ladies was started with initial capital contributed from the sale of immovable properties which were originally acquired out of the funds provided by their respective husbands ..... capital of the business was unexplained and he deleted the addition made on that account. the two husbands, jaidayal rateria and dewan-chand rateria, carry on business in co-partnership under the name and style of dunichand sons & co. whose assessments are made by the first respondent herein while they are also assessed separately in their individual, capacity by .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-03-1970
Reported in : 84ITR143(Cal)
..... it is not necessary for me to decide those questions. it is claimed in the petition that a partnership firm styled, onkarmull kanailall & co., was incorporated some time in the year 1943 and registered under the indian partnership act and at the material time the partners of the said firm were, (1) kanailall jatia, (2 ..... assessment year 1959-60, relevant to the accounting period 23rd october, 1957, to the 10th november, 1958, a return was filed on behalf of the partnership firm, onkarmull kanailall & co., by ghanshyamdass jatia as a partner on or about the 27th october, 1959, showing the total income of the firm for ..... statement in the original return, i.e., some mistakes or something left out by inadvertence as contemplated in section 22(3) of the 1922 act. the returns filed on the basisof the death of kanailall for the two periods before and after such death could not be called revised returns. ..... were voluntary returns filed on behalf of the hindu undivided family.5. dr. pal submitted, firstly, that as section 22(3) of the 1922 act permits an assessee to file a revised return at any time before the assessment is made the petitioners were entitled to file such revised returns on ..... undivided family; (b) that as the original return was filed under the indian income-tax act, 1922, the proceedings for assessment should have been completed under that act and the purported penalty proceedings under sections 271 and 273 of the 1961 act were illegal and ultra vires. (c) that the assessee had a .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-10-1970
Reported in : AIR1971All192
..... 14. in s. k. dutt v. law book co : air1954all570 the plaintiff had alleged that that the copyright in his work 'indian partnership act, by mukerji and dutt' had been infringed by the second defendant in his publication entitled 'law book company's commentaries of law and practice of ..... partnership and private companies in india'. it was observed that in order to construe infringement of a man's copyright there must be sufficient ..... infringement of the work. 'fair dealing by any one has been kept out of the mischief of the copyright act'. it was further observed:--'several persons may originate similar works in the same general form without anyone infringing the law in regard to copyright. the ..... of the definition of the word literary work' in section 35 of the copyright act of 1911 adopted by the indian copyright act, 1914 the calculation charts could be treated as literary work within the meaning of section 35 of the act of 1911; (2) the plaintiff's copyright had not been infringed by the ..... suit was filed in 1954 when the indian copyright act, 1914 was in force. the relevant provisions of the aforesaid act are as follows:--section 2. in this act, unless there is anything repugnant in the subject or context. - (1) 'the copyright act' means the act of parliament entitled the copyright act, 1911; and (2) words and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-04-1970
Reported in : AIR1970SC1980; 79ITR6(SC); (1970)3SCC331
k.s. hegde, j.1. these appeals by certificate raise common question of law. 2. the appellant is a partnership firm registered under the indian partnership act, 1932. it consists of two partners. the partnership owns two estates namely (1) chowkhani tea seed estate and (2) mahadeobari tea estate. the dispute in this case is as to the extent of the liability of the appellant ..... to pay the agricultural income-tax under the assam agricultural income-tax act, for the assessment years 1954-55, 1955-56 ..... which the agricultural income-tax payable by the assessee had to be determined. hence the assessing officer assessed the appellant under section 20(4) of the assam agricultural income-tax act. in other words he assessed the assessee on the basis of best judgment. the assessee challenged the assessments in question by means of petitions under article 226 of the constitution ..... court refused to accept the contention of the assessee that the impugned assessments were made arbitrarily on the ground that the assessee had failed to take proper steps under the act by appealing against the impugned order. that is undoubtedly a good ground for refusing to give the relief to the assessee but all the same, taking into consideration, the amounts .....Tag this Judgment!
Court : Rajasthan
Decided on : May-12-1970
Reported in : 1970WLN254
..... to 6 constitute a joint hindu family and carry on business under the name and style: firm bhonrey lal hiralal, which was also registered under the indian partnership act. it was alleged that one thakur shivelal singh, muafidar of thikana burja sold a place of land measuring 370,10 'x'3' situated in the ..... written statement filed by him it was pleaded that the plaintiffs did not constitute a joint hindu family and that their firm was unregistered under the partnership act and consequently the firm was not cempetent to file the suit. the ownership of shivelal singh to the land in dispute was also denied, and ..... from the person bringing the suit or that the notice did not otherwise comply with the requirements of section 116. of the transfer of property act, i, therefore, find myself in agreement with lower appellate court that the defendant cannot defeat the plaintiff's claim on the ground of validity of ..... payment of rent attorned to the successor in interest of the deceased landlyrd he was held to be estopped under section 116 of the evidence act from denoing the title of successor landlord. in this connection the learned judges observed as follows:the decision of the judicial committee in krishna prasad ..... that the relationship of landlord and tenant has come into existence. the presumption however is a rebuttable one and may be rebutted by showing that the acts and conduct of the parties are inconsistent with the existence.23. kai khushroo v. bai jorbai air 1949 pc 124 b.k. mukherjea j., .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-05-1970
Reported in : 80ITR291(Guj)
..... in payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners or their representatives according to their rights. section 48 of the partnership act provides for the mode of settlement of accounts between the partners. the distribution of surplus is for the purpose of adjustment of the rights of the partners in the assets ..... second proviso to section 10(2)(vii). shah j., speaking on behalf of the supreme court, stated the law on the subject in these terms : 'under section 46 of the partnership act, 1932, on the dissolution of the firm every partner or his representative is entitled, as against all the other partners or their representatives, to have the property of the firm ..... passes to his trustee.' 5. the supreme court had also occasion to consider this question in narayanappa v. bhaskara krishnappa, and there, after referring to the relevant provisions of the partnership act, the supreme court proceeded to state the effect of these sections in the following words : 'from a perusal of these provisions, it would be abundantly clear that whatever may be ..... the assets at the original value amounted to total recoupment of the entire depreciation by the partnership and on that account the second proviso to section 10 (2) (vii) of the indian income-tax act, 1922, was attracted, the supreme court held that on the dissolution of the partnership, each theatre had to be deemed to be returned to the original owner in satisfaction .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-26-1970
Reported in : (1971)3SCC974; 1SCR629
s.m. sikri, j.1. this appeal by certificate granted by the high court of kerala is directed against its judgment and decree reversing the judgment and decree of the trial court and dismissing the suit of the original plaintiff, appellant before us. the relevant facts for determining the points raised before us by mr. chagla. learned counsel for the appellant, are as follows.2. on december 5, 1931, the plaintiff executed a hypothecation bond in favour of the travancore government in respect of a loan of rs. 6,000/-. on december 12.1931. another bond was executed in respect of a further loan of rs. 4.400/-. on may 28, 1932, the plaintiff executed another hypothecation bond in favour of the father of neelakama iyer subramonia iyer respondent before us. in the government gazettes dated february 21. 1939, and april 25, 1939, under paragraph 6 reference is made to the arrears of rs. 4,193 chs. 19 ca. 9 plus interest under the special loan to be paid by luka mathai of pallithanathu, kottayam taluk, and the sale of 97 acres of nilam comprised in survey 545/32-11/1 and 14 cents of purayidam comprised in survey 532/3.3. a notice was issued to the plaintiff in march or april 1939 (27-8-1114 m.e.) that as he had to repay rs. 4,193 chs. 19 ca. 9 under the special loan plus the execution costs and the interest thereon 'it-is hereby made known that 107 acres 84 cents of properties belonging to you and comprised in survey numbers 545/ 32-11/1, 481/3, 481/4a, 481-/4c etc. of pulinkunnu .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-07-1970
Reported in : 85ITR448(KAR); 85ITR448(Karn)
..... entitled to interest on the amounts due at 5 per cent. per annum. in regard to the remaining two firms, by virtue of section 37 of the indian partnership act, the legal heirs of the deceased because entitled to interest at 6 per cent. on the amount of the deceased's share in the properties of the ..... carried on the business of the said five firms even after the death of the assessee's husband. by virtue of the provisions of section 37 of the indian partnership act, 1932, the assessee who is the legal representative of the deceased, j. b. pinto, became entitled to interest at the rate of 6 per cent. ..... assessee. the question of law referred for our opinion is : 'whether, on the facts and in the circumstances of the case, and the provisions of the partnership act, the sum of rs. 50,000 was properly assessable in the previous year relevant for the assessment year 1962-63 ?' 2. the material facts as found by ..... firms. therefore, by virtue of the statute and also by virtue of the terms of the partnership deeds, the assessee became entitled to interest from the death of her husband; the interest accrued to her as found by the income-tax officer between july ..... of accounting it was not open to the income-tax officer, unless he proceeds to act under the proviso to sub-section (1) of section 145, to make the assessment on the cash basis. under there of the five partnership deeds, accounts were to be taken as on the date of death of one of .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-04-1970
Reported in : 81ITR557(All)
..... by the deed executed between jhabarmal saraf and the trustees was legal and could be registered as such under section 26a of the indian income-tax act, 1922. the supreme court ultimately came to the conclusion that the partnership so created was legal and could be registered as such under section 26a. learned counsel for the assessee contended that this is ..... business and become partners in a firm. since a trust is merely an obligation as defined in the indian trusts act, it is not a person and cannot enter into a contract, and form a partnership. the argument, however, overlooks the fact that the indian trusts act is not applicable to religious or charitable endowments. the expression ' trust ' in connection with such an ..... beneficial to mankind. it is clear that in making the aforesaid provision the legislature intended to recognise the aforesaid objects as charitable.44. similarly, under section 4 of the indian income-tax act, 1922, any income derived by a religious or charitable institution is exempt from taxation under certain circumstances. the expression ' charitable purpose ' has been described as including relief ..... institution is not used in the same sense in which it is used in the indian trusts act.66. religious and charitable trusts are found to .....Tag this Judgment!