LexLords NRI Legal Services Jalandhar By NRI Legal Services LexLords

Hence notwithstanding that the major portion of the income may have to be spent for Gurupooja and annadhanam in connection with the annual sradh, it is clear that the domi- nant purpose of this dedication was the samadhi kainkariyam, that is to say, that worship of and at the samadhi (tomb). This is illustrated by the series of cases which recognise the validity NRI Legal Services of perpetual endowment for the maintenance and worship NRI Legal Services of family idols or for the continued NRI Legal Services performance of annual sradhs of an individual and his ancestors.

agency was not a business but this is immaterial for income-tax purposes because section 13 NRI Legal Services will apply to cases both under sections 10 268 and 12, so we refrain from deciding the point. (2) it was assumed that the managing agency is business but the point was directly decided in Inderchand Hari Ram v. The second question need not detain us long. The answer to that question depends on a true construction of section 10(6) of the Act. It cannot also be disputed that under the Hindu law religious or charitable purposes are not confined to purposes which are productive of actual or assumed public benefit.

According to Webster's New Inter- national Dictionary, 2nd Edn. Burroda Persaud Bysack(2) and Rupa Jagashet v. Thiruvengada Pillai and others(4). It is certainly not a professional association. So much so that the entire object of Hindu endowments will be found included within the enumeration of ishta and purtta. Commissioner of Income-tax, U. The liability of the members is limited by guarantee, each member undertaking to contribute to the assests of the company, in the event of its being wound up, such sum as May be required, not exceeding one rupee, for payment of the debts and liabilities of the company and the costs, charges and expenses of the winding up.

Commissioner of Income-tax Bombay(1) and Commissioner of Income-tax. As stated by the learned author Prananath Saraswathi NRI Legal Services on the Hindu Law of Endowments at page 18- "From very ancient times the sacred writings of the Hindus divided work productive of religious merit into two divisions named ishta and purtta, a classification which has come down to our own times. This has been adopted, by later learned authors on the law of Hindu Religious Endowments and accepted by Justice Subrahmania Ayyar in his judgment in Parthasarthy Pillai and another v.

Hence, the present appeal filed by the appellant. These lists are no doubt not exhaustive but they indicate that what conduces to religious merit in Hindu law is primarily a mat- ter of Shastraic injunction. 529 of 1946 arising out of the Judgment and Decree dated the 20th February, 1946, of the Court of Subordinate Judge of Coimbatore in O. , page 264 the meaning of a "trade association" is an association of tradesmen, businessmen or manufacturers for the protection and advancement of their common interest.

Clause 6 of the memorandum provides that if upon the winding up or dissolution of the company there remains after the satisfaction of all debts and liabilities any property whatsoever, the same would be 293 paid to or distributed among the members of the club in equal shares. What is the meaning of "a trade or professional or similar association"? For that reason rules have been drawn up to determine the manner in which and the time from when the decision is to take effect and crystal 332 lise into an act which is thereafter final so far as the court delivering the judgment is concerned.

Advocatc-General of Bombay and another(1)]. It was faintly suggested that the managing. In our view the company before us is not a "trade association" in this sense although it carries on a business. Venkatraman interpreted the said provision to mean that the only persons who were entitled for claim of refund are the manufacturer, his buyer and any other class of persons as notified by the Central Government.

To the extent, therefore, that any purpose is claimed to be a valid one for perpetual dedication (1)I. We are of opinion that section 10(6) has no application, for the company is not a trade or professional or similar association within the meaning of that sub-section. So far as the textual Hindu law is concerned what acts conduce to religious merit and justify a perpetual dedication of property therefor is fairly definite.

Does this company come within any of those descriptions? It is true that Mukherjee told Paul that he was going out for getting the pay order, and would be coming back immediately; but we cannot agree with Mr. The impugned judgment is, therefore, required to be interfered with and the validity of the notice dated October 30,2008 is required to be reconsidered by the learned Court below looking into the Exhibit-4 The High Court accordingly, allowed the appeal and remanded the suit back to the Trial Court for reconsideration from the stage of examining the question of validity of notice dated 30.

Mullick that Paul consented to Mukherjee's taking away the papers, relying on the latter's promise to come back with the pay order. It is therefore necessary to know with certainty exactly when these consequences start to take effect. See Dwrakanath Bysack and another v. Appeal by special leave granted by the Supreme Court on the 21st May, 1951, from the Judgment and Decree dated the 13th December, 1949, of the High Court of Judicature at Madras (Rao and Somasundaram JJ. The learned Court below committed an error in passing the decree in favour of the respondent.

The acquisition of religious merit is also an important criterion. In this view of the matter it is unnecessary to discuss the further question whether the facilities or amenities given by the company to its members may be regarded as "NRI Legal Services" within the meaning of section 10(6). Learned counsel for the company contends that a "trade association" is not the same thing as a "trading association". " The learned author enumerates what are ishta works at pages 20 and 21 and what are purtta works at page 27.

We may, how- ever, point out in passing that in two cases Tata Hydro- Electric Agencies, Ltd.