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1957 Supreme(Bom) 28

CHAGLA, TENDOLKAR
Seth Motilal Manekchand, Amalner – Appellant
Versus
Commissioner of Income-tax, Bombay – Respondent


Advocates:
R.J. Kolah and Dwarakadas, for Applicant; Advocate-General with Sunkersett, for Respondent.

Judgement

CHAGLA, C. J. :- There was a joint family consisting of Motilal Manekchand and his son Maganlal. Motilal, Maganlal and Motilals wife Bhagirathibai were appointed managing agents of the Pratap Mills at Amalner, and the father and son were appointed managing agents of the New Pratap Mills at Dhulia. It is common ground that the managing agency belonged to the Joint and undivided Hindu family. This Hindu family was partitioned on the 1st July 1948 and a document was drawn up on the 29th June 1949 to give effect to that partition. There are three Schedules to this deed of dissolution allocating joint family properties to the three parties who were entitled to equal shares on the partition of the joint Hindu family viz., the father Motilal, the son Maganlal, and the wife or the mother Bhagirathibai. There was a provision with regard to the managing agency commission and the provision was that Motilal and Manganlal were entitled to equal shares in this managing agency commission of the two Mills, but they both undertook to pay to Bhagirathibai 2 annas and 8 pies share each out of their respective 8 annas share, and when we turn to the three Schedules we find that in Schedules de


















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