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Showing 21 to 22 of 22 Records
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1959 (6) TMI 10 - IN THE HOUSE OF LORDS
Shares warrants and entries in register of members ... ... ... ... ..... when they became members of the company and bound themselves to observe the conditions of article 9. In the circumstances, I think the pursuers averments and the admissions of the defenders are relevant to infer a desire of the defenders to transfer their ordinary shares for an onerous consideration within the meaning of article 9. In my opinion, the defenders first plea in law should be repelled, the pursuers sixth plea in law should be sustained, and an appropriate decree within the conclusions of the summons should be pronounced. I agree with the form of order proposed by my noble and learned friend, Lord Reid. I would accordingly allow the appeal. My Lords, in the case of Lyle and Scott Ltd. v. British Investment Trust Ltd. I can see no material distinction between this case and the case of Scott s Trustees in which judgment has just been given. The same result must follow and a similar order be made. I would allow the appeal. Lord Somervell of Harrow. My Lords, I agree.
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1959 (6) TMI 1 - HIGH COURT AT CALCUTTA
Natural justice - Show cause notice ... ... ... ... ..... impugned order on the sole ground that the penalty could not be imposed upon Makaibari Tea Estate having regard to the fact that the petitioner has not had any opportunity to show cause against the imposition of the penalty on the Makaibari Tea Estate of which the petitioner is the owner. It will however be open to the authorities concerned to initiate proceedings de novo under the Central Excise Rules, including Rule 9 for the imposition of penalty for contravention of the Central Excise Rules, in particular Rule 9 thereof. 6. The Rule is made absolute. Let a writ in the nature of certiorari issue for the purpose of quashing the order of the Collector of Central Excise, Calcutta, dated August 13, 1956 copy whereof is annexure G to the petition. It will be open to the authorities concerned to initiate proceedings de novo under the Central Excise Rules, including Rule 9, for the imposition of penalty for contravention of the Central Excise Rules, in particular Rule 9, thereof.
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