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Supreme Court Upholds Assessee in Income Tax Appeal on Deductibility of Compensation for Termination of Managing Agency. Payment of Rs. 2,50,000 to terminate managing agents was revenue expenditure under Indian Income-tax Act, 1922 because it avoided future business expenditure and brought no enduring benefit or asset....

The appeal before the Supreme Court concerned the deductibility, under the Indian Income-tax Act, 1922, of a compensation payment made by an assessee company to its managing agents upon termination of...

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Supreme Court Upholds Disallowance of Managerial Commission by Revenue in Excess Profits Tax Assessment. Commission on war-generated excess profits held unreasonable and unnecessary under Rule 12(1) of Schedule I to Excess Profits Tax Act, 1940, as no contribution was made by managers or directors to such profits....

The appeals arose from a reference under Section 21 of the Excess Profits Tax Act, 1940 read with Section 66(2) of the Indian Income-tax Act, 1922. The assessee, a public limited company with several ...

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Supreme Court Upholds Death Sentence in Section 302 IPC Case Against Constitutional Challenge. Judicial Discretion in Imposing Capital Punishment Held Not Violative of Articles 14, 19 and 21 of Constitution....

The Supreme Court of India heard a criminal appeal by special leave limited to the question of sentence in a case where the appellant, Jagmohan Singh, had been convicted under Section 302 of the India...

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Supreme Court Upholds State's Appeal on Validity of Mulki Rules Under Article 35(b) of Constitution. Residential Qualification Rules for State Services Continue in Force Despite States Reorganisation and Public Employment (Requirement as to Residence) Act, 1957....

The appeal before the Supreme Court concerned the validity of the Mulki Rules, which prescribed residential qualifications for appointment to state services in the former Hyderabad State. The State Go...

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Supreme Court Upholds Contempt Conviction of Former Commissioner of Endowments for Wilful Disregard of High Court Precedent. Quasi-Judicial Authority's False Claim of Sub Judice and Deliberate Non-Following of Binding Orissa High Court Decision Under Orissa Hindu Religious Endowments Act Constitutes Contempt of Court....

The case arose from contempt proceedings against the Commissioner of Hindu Religious Endowments, Orissa, who was a member of the Superior Judicial Service and functioned as a quasi-judicial authority ...

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Supreme Court Dismisses Union of India's Appeal in Insurance Subrogation Suit; Assured Retains Cause of Action Despite Payment by Insurer. Subrogation Under Section 79 of Marine Insurance Act, 1963 Does Not Divest Assured of Cause of Action Absent Valid Assignment of Right to Sue Under Section 6(e) of Transfer of Property Act, 1882....

The dispute arose out of damage to goods consigned by Sri Sarada Mills Ltd. to the Railway Administration. The goods were insured with Indian Globe Insurance Co. Ltd., which paid the total loss of Rs....

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Supreme Court Upholds Management's Right to Fix Working Hours in Industrial Dispute. Section 9A Industrial Disputes Act Not Attracted as 6.5-Hour Workday Was Interim Arrangement, Not Condition of Service....

The dispute arose between Oil and Natural Gas Commission (ONGC), the appellant, and its workmen, the respondents, concerning the working hours of administrative staff at the Baroda workshop. ONGC had ...

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Supreme Court Upholds Income Tax Department's Reassessment and Sale Characterization in Capital Gains Dispute. Capital gains from transfer of shares and securities for Rs.75 lakhs computed on sale price, not market value, under Section 12B of Indian Income-tax Act, 1922, and notice under Section 34(1)(a) valid due to non-disclosure of material facts....

The dispute arose from income tax assessment for assessment year 1947-48 concerning capital gains under the Indian Income-tax Act, 1922. The assessee, a registered firm engaged mainly in managing agen...

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Supreme Court Upholds Appellant in Income Tax Reference Concerning Capital Gains on Sale of Shares Acquired for Managing Agency Control. Tribunal's Finding That Shares Were Not Stock-in-Trade Was Supported by Evidence, So High Court Could Not Substitute Its Finding Under Advisory Jurisdiction; Profit Taxable Under Section 12B of Indian Income Tax Act, 1922....

This appeal by special leave arose from a reference under section 66(2) of the Indian Income Tax Act, 1922 for the assessment year 1947-48. The assessee, Rameshwar Prasad Bagla, was a partner in Agarw...

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Supreme Court Dismisses Revenue Appeal and Allows Deduction of War Loss as Business Loss under Income Tax Act, 1922. Loss of Stock-in-Trade Caused by Enemy Bombing in War Zone Held Incidental to Business Under Section 10(1)....

The Supreme Court considered an appeal by special leave from a decision of the Madras High Court in a reference under Section 66(1) of the Indian Income Tax Act, 1922. The assessee was a member of a H...