Bishambhar Nath vs Janki Ballabh Tripathi And Ors.
Judges: Agarwala, P Bhargava
13 October, 1950·8. The trial Court (Munsif of Agra) dismissed the suit on the ground, among others, that no valid notice under Section 80, Civil P. C. was given to the Official Receiver, who was acting or purported to act in his official capacity; that there was no collusion between the Official Receiver and Nawal ...
High Court Of Judicature at Allahabad
Mt. Qayumunissa vs Rashidul Malik
Judges: G Hassan, Chandiramani
13 October, 1950·7. On appeal by the opposite party it was held that the transaction of 1930 was in fact a sale and not a mortgage by conditional sale, that if it were a mortgage, then the accounts would be taken from 8-11-1927, treating RS. 2,600 as principal, as in substance the transaction of 8-11-1927, was an ad...
High Court Of Judicature at Allahabad
Ratee Ram & Sons, Kanpur vs Commissioner Of Income-Tax, ...
Judges:
12 October, 1950·The assessees in this case were a partner in two forests, one known as the Bandal and the other as Kankai forest. Their share in the former was ten out of sixteen annas and in the latter one-half. There is no dispute in this case with regard to the latter forest, Kankai. The point referred to is con...
High Court Of Judicature at Allahabad
Ratee Ram And Sons vs Commissioner Of Income-Tax, ...
Judges:
12 October, 1950·Whether the scheme of Income-tax Act, particularly the provisions contained in Section 14(2) (a), 23 (5) (a) and third proviso to Section 30(L), Income-tax Act, are such as to bar the assessment of a partner in regard to his share of profits in a partnership, business one of the partners of which ha...
High Court Of Judicature at Allahabad
Nihori Lal Prabhudayal vs Commissioner Of Income Tax
Judges:
12 October, 1950·On this finding of fact, we hold that the assets of the family business have not ceased to be the family business and have not gone out of it and as such its income was rightly included in the income of the Hindu undivided family. 3. The burden of proving that there was a partition in the family, as...
High Court Of Judicature at Allahabad
Nihori Lal Prabhudayal vs Commissioner Of Income-Tax, ...
Judges:
12 October, 1950·The burden of proving that there was a partition in the family, as claimed by the assessee, was clearly on the assessee. He produced his books of account to show that the assets had been divided on the dates mentioned by him and separate ledger heads had been opened in his name and in the names of h...
High Court Of Judicature at Allahabad
Municipal Board vs Commissioner Of Income-Tax
Judges: Malik, M Ahmad
11 October, 1950·3. Whether Rule 21, Income tax Rules, framed under Section 59 of the Act is ultra vires of the powers of the Central Board of Revenue inasmuch as it prescribes the attachment of the notice of demand to the memo of appeal ? 4. Whether in the circumstances of the case, the applicant's appeal filed on ...
High Court Of Judicature at Allahabad
Harihar Kesholal vs Commissioner Of Income-Tax
Judges: Malik, V Bhargava
09 October, 1950·"1. Whether, in the circumstances of the case, the third proviso to Section 5, Excess Profits Tax Act prevents the applicability of the provisions of Section 10A of the Act to the assessment in the fourth chargeable accounting period ? 2. Whether the Tribunal was competent to deal with the question ...
High Court Of Judicature at Allahabad
Kali Prasad And Ors. vs The State
Judges: Kidwai, Agarwala
06 October, 1950·9. The post mortem report showed that Ghafoor had only four external injuries, one contused wound scalp deep on top of the head & three contusions--one on the chest below the neck, another on the left cheek & a third on the back. The larynx, trachea, bronchi & both the lungs were congested & the cau...
High Court Of Judicature at Allahabad
Sukhnandan vs Suraj Bali And Ors.
Judges: Kidwai, Chandiramani, Agarwala
06 October, 1950·2. In the present case the notice required by Section 10 was not given. The plaintiff had, therefore, a right, under Section 13 (a), to institute the suit and it has been found that he had a preferential right to pre-empt. It has to be determined what is the sum upon payment of which pre-emption is ...
High Court Of Judicature at Allahabad
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