Supreme Court · 1960 INSC 100 · Decided 4 May 1960

Kavalappara Kottarathil Kochuni and Others v. The State of Madras and Others

Court
Supreme Court of India
Citation
1960 INSC 100 · [1960] 3 S.C.R. 887
Case number
WRIT PETITION (CIVIL) No. 443/1955
Decided
4 May 1960
Bench
BHUVNESHWAR PRASAD SINHA, SYED JAFFER IMAM, A.K. SARKAR, K. SUBBA RAO, J.C. SHAH (5-judge bench)
Outcome
Case Partly allowed
Case type
Writ / Constitutional
Acts & sections cited
Constitution Article 4, 19(r)(f), 31

Headnote

SUPREME COURT REPORTS 887 against the excess dividends. In our opinion, the z960 question of modification of the language cannot arise Commissioner of in the circumstances of the case. Our reasons have .Income-tax, - been given in Civil Appeal No. 427 of 1957, decided to- Bombay day, and we need net certain class of income, and can only successfully do so, if it frames Hidayatullah J. a provision appropriate to that end. If the law fails and the tax-payer cannot be brought within its letter, no question of unjustness as such, arises. The answers given by the High Court to the two

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