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(ii) The words 'carrying on business' mean the carrying on of any trade, profession, calling or Advocates; inquiry, other practice or activity which yields or is capable of yielding income but do not include service under Government or a local body". In another case Wilson v. "The Advocates (inquiry) rule is that when a subsequent Act amends an earlier one in such a way as to Advocates; inquiry, incorporate itself, or a, part of itself, into the earlier, then the earlier Act must thereafter be read and construed (except where that would lead to a repugnancy, inconsistency or absurdity) as if the altered words had been written into the earlier Act with pen and ink and the old Advocates - inquiry, words scored Advocates [web site] out so that thereafter there is no need to refer to the amending Act at all".

The Income-tax Officer and the Appellate Assistant Commissioner in appeal, on a calculation of their own, held that the possession by the appellants of so many thousand- rupee notes was an impossibility and that these notes must represent income from, undisclosed sources and as such be added to the assessable income of the appellants. This is more so as the respondents/defendants in the suit had undertaken in terms of the accepted site plan, to rehabilitate the appellants in the proposed shopping complex in recognition of their rights as lawful tenants of the plots in their occupation, he maintained.

Luthra insisted, that as concurrently held in the earlier proceedings, the appellants are neither encroachers nor intruders nor unauthorized occupants of the suit property, a finding unopposed and unchallenged as on date, and thus the initiative to oust them, under the garb of the development plan, the statutes invoked and the public interest, is not only in violation of their fundamental rights under Articles 14,19 and 21 of the Constitution of India, but also lacks in bona fide.

the Displaced Persons (Debts Adjustment) Act, 1951. It was therefore held that the order of attachment obtained by the appellant from the Bombay High Court was invalid. 2011 is incompetent and incomplete not being under the Highways Act as well as Section 56 of the Act 1966 and is thus liable to be quashed on this count alone. Learned senior counsel argued that the notification contemplating the control line and the development plan being dated 9. It was also held that there was a valid order of transfer to the Punjab High Court, of the execution proceedings taken by the appellant in respect of his decree.

The Appellate, Tribunal on appeal accepted the explanation of the assesses in respect of 31 of the notes but not with regard to the rest and rejected their application for a reference of the matter to the High Court. 20,000 on the 28th December, 1946, Rs. The case of the appellants was that the said notes were a part of the cash balance and in further support of their case -they filed before the Appellate Assistant Commissioner three affidavits by persons actually making the payments, in respect of certain entries in the cash-book to prove that Rs.

It was held that the provisions of the Banking Companies Act of 1953 had an overriding effect and that exclusive jurisdiction was vested thereby in the appropriate High Court notwithstanding anything in. As the situation as it obtains at the present, is the making of the indifferent and careless inaction on the part of the State Government and the Sansthan in particular, the appellants not being responsible for the delay in the execution of the decree, their proposed ouster, if permitted to be actualized, would not only result in irreparable loss and injury to them, but also tantamount to allowing the respondents/judgment debtors to reap the benefits of their own wrong, he urged.

The assessees moved the High Court and the Tribunal was directed under s. It is against this order that the present appeal has been brought. Luthra maintained that the impugned notice dated 11. Neither the Appellate Assistant Commissioner nor the Income-tax Officer, who was present at the hearing of the appeal, called for the deponents in order to cross-examine them with reference to their statement in the affidavits.

Apart from contending that the Municipal council being not the owner of the land involved, lacks in authority to issue the impugned notice, collusion between the State Government, Municipal Council and the Sansthan has also been pleaded, rendering the repugned action illegal and non est bona fide. 8,500, on the 6th of January, 1946, were paid in thousand-rupee notes. 15,000 on the 6th of January, 1946, and Rs. 2003 respectively, these subsequent prescriptions, though statutorily endorsed cannot be invoked with retrospective effect, thereby rendering the compromise decree passed more than two decades prior thereto and the rights conferred thereby, non est.

The said order was accordingly set aside. Robertson (4) under the statute the duty was imposed on all goods "imported into or exported from Berwick harbour" which extended down the Tweed to the sea but no part of it extended above the bridge. 8,000, out of a sum of Rs.