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1953 (10) TMI 48
... ... ... ... ..... rned Official Liquidator that in this case, there with a change in the constitution of the Managing Agents and inasmuch as the change had not been recognised under. Section 87-BB, the Managing Agents ceased to function, and that therefore they became wholly incompetent to borrow any loan on behalf of the company. There is no evidence now placed before me as to the time or nature of the change in the constitution of the managing agency; and even otherwise, that may not make much difference, because the same result should fl....... + More
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1953 (10) TMI 47
... ... ... ... ..... which the parties belong there was any such well-recognised practice or belief. The defendants in the written statement make no assertion about it. But on the other hand, the plaintiff in paragraph 12 of his plaint asserts that the - Institution of samadhi and ceremonies connected with it are not usual in the community to which the parties belong . 14. Indeed it may be assumed that such a practice is not likely to grow up amongst Hindus where cremation and not burial of the dead is the normal practice, except probably as r....... + More
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1953 (10) TMI 46
... ... ... ... ..... -4-1952 is admitted to be a mistake. The reference must accordingly be quashed as regards bonus for 1949-50. 18. The last point urged is that the Government had no Jurisdiction under Act 14 of 1947 to amend a reference made under Section 10, of the Act and that' accordingly the Memorandum No. 59079 dated 25-6-1952 amending the reference made on 24-3-1952 is without Jurisdiction. The objection is one of form and is without substance. It would have been open to the Government to make under Section 10 an Independent refer....... + More
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1953 (10) TMI 45
... ... ... ... ..... mselves and refused to give the plaintiff his legitimate share. The High Court has held that this claim of the plaintiff must fail. All that he purchased at the execution sale was the undivided interest of the coparceners in the joint property. He did not acquire titled to any defined share in the property and was not entitled to joint possession from the date of his purchase. He could work out his rights only by a suit for partition and his right to possession would date from the period when a specific allotment was made ....... + More
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1953 (10) TMI 44
... ... ... ... ..... assets of the partnership of the amounts found due and payable to them. In this view it is not necessary to record any finding on issue 3 because if the defendants get all the amounts invested by them in full there can be no further claim as co-owner over the properties purchased with these amounts. Such a claim is also not properly within the scope of the present suit. 15. In the result the decree of the lower court dismissing the suit is set aside and a preliminary decree is passed referring the matter to the Official Re....... + More
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1953 (10) TMI 43
... ... ... ... ..... is intended to modify rights in estates; the Act is not against the provisions of Article 19(f) because it imposes nothing more than reasonable restrictions upon the rights of individuals and these restrictions are in the interests of general public; the classification between displaced and non-displaced persons is also a reasonable classification; and none of the provisions of the Act are against the letter or spirit of the Constitution. I would therefore hold that the Act is 'intra vires' the Constitution and the....... + More
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1953 (10) TMI 42
... ... ... ... ..... have excluded all time taken up in good faith before an arbitrator just as the time taken up in prosecuting a suit or an appeal in good faith is excluded. But obviously the Legislature did not intend that parties should waste time in infructuous proceedings before arbitrators. The Legislature has clearly indicated that limitation having once begun to run, no time could be excluded merely because parties chose to go before an arbitrator without getting an award or without coming to Court to get the necessary order indicated....... + More
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1953 (10) TMI 41
... ... ... ... ..... Act, 1950, is also devoid of legal sanction behind it and accordingly it is also declared to be void. It follows therefore that the acts found to have been committed by the revision petitioner in contravention(sic) of Sections 7 and 17 of the Paddy (Acquisition and Movement) Control Order cannot amount to commission of offences under law for which he could be convicted and sentenced. 7. In the result we result both these revision petitions and hold that the conviction entered and the sentence passed against the petitioner-....... + More
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1953 (10) TMI 40
... ... ... ... ..... , but on the contrary renders the law itself uncertain by giving rise to two conflicting orders claiming apparently equal obedience from the Registrar. In such an event the Registrar who is empowered under Section 7 of the Act to cancel the certificate of recognition of a union would not know whether he should or should not make a further enquiry into the question of cancellation of the certificate granted to the petitioner. The Registrar cannot comply with either the order of this Court or that of the Appellate Tribunal w....... + More
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1953 (10) TMI 39
... ... ... ... ..... s democratic right to individual freedom, Meaning thereby a claim to socially irresponsible control over a huge industrial concern and over the lives of tens of thousands of human beings whom it happens to employ, He is talking in a dying language 10. The industrial tribunals under the industrial disputes act, 1947, Are charged with a difficult and delicate task and in the interests of industrial peace they should be allowed to discharge their duties without delay or interference. Any employer who feels the urge to move th....... + More
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1953 (10) TMI 38
... ... ... ... ..... ing a lump sum, undoubtedly that would, have been a capital expenditure; or even if instead of paying a lump sum it had paid the amount fixed for the goodwill by certain instalments, each instalment would have been in the nature of a capital expenditure. But in this case, as the partnership did not acquire anything in the nature of a permanent asset, the payment to Bai Tarabai is not a capital but a revenue expenditure. 3. In our opinion, the present case falls under the former category as the terms of the agreement embodi....... + More
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1953 (10) TMI 37
... ... ... ... ..... it is sufficient that those who took an active part in the proceedings under section II are impleaded. It is not necessary to implead each and every creditor who either did pot appear or put forward a written statement under section 10 or took no active part in the proceedings under section 11(2). In the view that we have taken it is not necessary to decide the question whether the High Court was right in not exercising its powers under Order XLI, rule 20, in impleading the creditors as respondents to the appeal. For the r....... + More
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1953 (10) TMI 36
... ... ... ... ..... le solely to religious or charitable purpose. Our answer to the fourth and fifth questions is that the income derived from industrial and commercial concerns is the income from property held under trust wholly for religious or charitable purposes and is exempt from income-tax under Section 4(3)(i) of the Indian Income-tax Act and it is, therefore, not necessary to apply to such income Section 4(3)(ia) of the Act. Our answer to the third question is in the affirmative. Our answer to question No. 6 is that the income derived....... + More
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1953 (10) TMI 35
... ... ... ... ..... brothers and given to his son-in-law and the legatee was directed to hand them over to the third son whenever he would feel confident that the latter had reformed himself properly. In our opinion, on reading the will as a whole the conclusion becomes clear that the testator intended the legatees to take the properties in absolute right as their own selfacquisition without being fettered in any way by the rights of their sons and grandsons. In other words, he did not intend that the property should be taken by the sons as a....... + More
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1953 (10) TMI 34
... ... ... ... ..... the ruling relied on by Mr. Ramanarasu will not apply to the facts of this case. Mr. E. Venkatesan, for the learned Government Pleader, frankly admit- ted that he could not distinguish the facts of this case from the facts in that case. He also conceded that the above ruling, relied on by Mr. Ramanarasu, would apply, as it has not been overruled. In that view, it is unnecessary to consider the contentions of Mr. Ramanarasu regarding the saving of limitation even under Section 18 of the General Sales Tax Act. The judgment a....... + More
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1953 (10) TMI 33
Winding up - Power of registrar to strike defunct company off register ... ... ... ... ..... Vic., c. 19, section 7, but by accident the notice could not be delivered and was returned. In April, 1887, he struck the name of the company off the register. Nothing appeared to have been done by the company between 1883 and 1888, but on the petition by the liquidator to have the name restored, and on production of evidence that some debts were still unpaid as also some calls, the court directed the company s name to be restored to the registers In r....... + More
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1953 (10) TMI 32
Winding up – Power of court to assess damages against delinquent, directors, etc. ... ... ... ... ..... scribed under section 236 prevails over the period prescribed by the Limitation Act for similar suits. The decision proceeded on the assumption that the period prescribed in section 236 is a period of limitation, and the learned Judge was not called upon to discuss the question, whether the requirements of section 236 constituted a condition precedent on the analogy of the Provincial Insolvency Act which was interpreted in the decision in Ch....... + More
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1953 (10) TMI 31
Winding up – Avoidance of transfer, etc., after commencement of ... ... ... ... ..... ded by the learned official liquidator that the this case, there was a change in the constitution of the managing agent, and inasmuch as the change had not been recognised under section 87-BB, the managing agents ceased to function, and that therefore they became wholly incompetent to borrow any loan on behalf of the company. There is no evidence now placed before me as to the time or nature of the change in the constitution of the managing agency and even ot....... + More
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1953 (10) TMI 30
Winding up – Application for ... ... ... ... ..... e relief it is in my opinion only proper that relief should be afforded to him. As I have already said, I cannot see any legal bar to his maintaining the present petition in this court in spite of the previous application which is still pending in the Lahore High Court. It may be quite true that if that application is decided by the Lahore High Court the decision may in certain circumstances have the same effect as a decision of this court, but that cannot at present affect the maintainability....... + More
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1953 (10) TMI 9
Whether the first three items are receipts from business carried on by the company? Whether those three items are receipts by a trade or professional or similar association performing specific services for its members for remuneration definitely related to those services? Held that:- All the items of receipts from members referred to in the questions were received by the company from business with its members within the meaning of Section 10(1) and that none of them was received by the company as a trade, professional or similar association wi....... + More