cover image: The Calcutta Weekly Notes  Monday  January 18  1943

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The Calcutta Weekly Notes Monday January 18 1943

1943

We have learnt with regret that the High Court has decided to adhere to the present timings for the sittings of the Court athough it has permitted the lower Courts to revert to 11 A. M. We have no informtion as to the grounds on which the distintion has been made. [...] We must add however that the use of the word “cashed” in the instrutions as regards the utilisation of the coupon is unfortunate. [...] In the case of a benami transaction in the sense of a real transaction the benadar becomes a trustee holding on a resulIng trust which differs but little if at all from the general rule of English law upon the same subject with the exception that the English equitable doctrine of the prsumption of advancement has never been admitted into the law of India. [...] The law is well settled that in the case of a real as opposed to a purely fictitious purchase by father in the name of a son in which the father admittedly provided the purchase money a resulting trust in all cases arises in the father's favour unless there is postive evidence of an advancement or gift. [...] 13 of the Income Tax Act and has not acted arbitrarily in arriving at the conclsion that the income profits and gains were' not properly deducible from the assessee's regularly kept books of accounts having 1%- gard to the language of the proviso his dicretion in this matter cannot be interfered with the language of the proviso does not afford support for the contention that his basis or
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday January 18 1943
xvii-xviii unknown view

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