PUSHPA DEVI Vs. COMMISSIONER OF INCOME TAX NEW DELHI
LAWS(SC)-1977-8-4
SUPREME COURT OF INDIA
Decided on August 30,1977

PUSHPA DEVI Appellant
VERSUS
COMMISSIONER OF INCOME TAX,NEW DELHI Respondents

JUDGEMENT

Chandrachud, J. - (1.) Two questions arise for consideration in this appeal one of them being subsidiary to the other. The main question is whether a Hindu female who is a member of an undivided family can blend her separate property with joint family property.
(2.) The appellant, Pushpa Devi, is a member of a joint Hindu family consisting of herself, her husband, her father-in-law, her mother-in-law, her minor son and three daughters. On June 19, 1958 the appellant, in her individual capacity and with the aid of her personal assets entered into a partnership with her father-in-law, Gur Narain Khanna, in the name and style of Gur Narain Jagat Narain and Co. Her minor son, Ravi Narain Khanna, was admitted to the benefits of that partnership. Each of the three partners had a one-third share in the profits of the partnership, while the appellant and her father-in-law had an equal share in the losses.
(3.) The firm owned two cinema houses:Nishat Talkies, Kanpur and Novelty Talkies, Lucknow. Separate accounts were maintained in respect of the two businesses and separate profit and loss accounts used to be drawn up. On August 31, 1961 a sum of Rs.67,284.57 stood to the credit of the appellant in the books of Nishat Talkies. That amount consisted of a sum of Rs.16,666.67 in the capital amount and Rs.50,617.90 in the current account.;


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