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Search Results Judgments > Phrase:INDIAN CONTRACT ACT, 1872 Section 1 Court:Jammu & Kashmir

Apr 03 2006

Firdous Ahmad Tanki and Ors. Vs. J and K Bank Ltd. and State of J and ...

  • Decided on : 03-Apr-2006

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ146

... contract, There is a similar provision in the constitution of Jammu and Kashmir contained irk Section 122 which empowers the State Government to enter into contract and carry on any business or trade. Similarly the Bank (a Company) being a juristic person and legal entity is competent to enter into any lawful contract With any person or even the Government under the Contract Act ... for the petitioner, Mr. Z.A. Shah, learned Senior Advocate appearing for the respondent-Bank has stated that the Bank is a Company simpliciter registered under the Indian Companies Act 1956 like any other Private Company. The share capital of the Government is reduced to 53%. The Company is listed on stock exchange. It's most of the ... its incorporation the State Government had 92% share , whereas private person(s) share holding at that time was as under:--------------------------------------------------------------------------------Name of Address & Description Number of sharesubscribers taken--------------------------------------------------------------------------------1. Bishandas Major General Rai Bahadur, Dewan Srinagar. 200--------------------------------------------------------------------------------2. Tej Ram General Treasurer, His Highness Govt. Srinagar 100--------------------------------------------------------------------------------3. Abdul Hamid Advocate, State Councillor, Jammu 200--------------------------------------------------------------------------------4. Cnandrajoo Advocate ...

Jul 21 1997

Union of India (UOI) Vs. Beant Singh and Sons

  • Decided on : 21-Jul-1997

Court : Jammu and Kashmir

Reported in : AIR1998J& K24

... gets support from Section 20 Sub-clause 2 of Clause (b) of Indian Specific Relief Act, 1963 also. Clause (b) reads as under :--'Where the performance of the contract would involve more hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff.'Section 22 of the J. and K. Specific Relief Act, 1997, with ... Authority, AIR 1988 SC 1007, it has been held by this Court that Article 137 of the Limitation Act, 1963 applied to an application under Section 20 of the Arbitration Act. It was so held following the decision in Kerala Stale Electricity Board, v. Amsom, (1977) 1 SCR 996 : AIR 1977 SC 282 which overruled the earlier decision of this Court in Town ... there were sufficient reasons to suspect that the nominated arbitrator would act unfairly or his conduct has not remained reasonable in the matter. This principle gets support from Section 20 Sub-clause 2 of Clause (b) of Indian Specific Relief Act, 1963 also. Clause (b) reads as under :--'Where the performance of the contract would involve more hardship on the defendant which he did ... Following points arise for the adjudication of this appeal :1. Whether the appeal is barred by time in view of the application of Limitation Act to proceedings under Section 20 of the Arbitration Act? 2. Whether the trial Court had no jurisdiction for appointment of an arbitrator other than the nominated one in the agreement of contract? 3. Whether the Additional District Judge, who ...

Feb 21 2014

Rattan Singh Vs. Indian Overseas Bank and Others

  • Decided on : 21-Feb-2014

Court : Jammu and Kashmir

... Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the provisions of Contract Act, 1872. Their lordships of Honble the Supreme Court have also made a detailed reference to the provisions of State Bank of India Act, 1955. Thus a visible distinction has been drawn between the Banking Company covered by the Banking Companies Act nationalizing the Banks mentioned therein. The State Bank ... would prevail over general principles of contracts and provisions of the Contract Act. Same logic would apply to the other judgments cited by the learned counsel i.e. Raj Kumars case(supra) and Vedpathi Dinesh Kumars case (supra). 15. We are further of the view that Section 2(b) read with Sections 7 and 8 of the Contract Act does not leave any manner of ... Act, 1955. Likewise, under Section 43(1) of State Bank of India Act the Central Board of the State Bank of India framed the State Bank of India Officers Service Rules determining the terms and conditions of the services of the officers in the Bank. However, no such status is attached to the employees working in the nationalized banks like the respondent-Indian ... the realm of contract then offer made by the writ petitioner-appellant has to be accepted and the acceptance has to be effectively communicated to the offerer. However, before the acceptance is communicated to the offerer if the offer is withdrawn then it cannot be acted upon because no binding contract within the meaning of Section 2(d) of the Contract Act would come ...

Jul 10 1996

New India Assurance Company Vs. Smt. Shakuntla Devi and Ors.

  • Decided on : 10-Jul-1996

Court : Jammu and Kashmir

Reported in : II(1998)ACC418,1998ACJ195,AIR1997J& K40

... contract of employment within the ambit of Clause (ii) of proviso to Sub-section (1) of Section 95 of the Act. Similar view was held in a later judgment of the High Court of Madras in South India Insurance Co. Ltd. v. P. Subramanium, 1972 Acc CJ 439 : (AIR 1972 Madras 49). 17. A Division Bench of Calcutta High Court in Indian ... section (1) of Section 95 of the Act observed that it is not required that a policy of insurance should cover the risk to passengers, who are not carried for hire or reward. In case of gratuitous passengers unless there is a special contract of insurance, their, cases would not be covered as well by Clause (ii) of the proviso to Sub-section (I) of Section ... contract of employment. 19. In Pushpabai Purshottam Udeshi's case, 1977 Acc CJ 343 : (AIR 1977 SC 1735), the Apex Court dealing with the case of a passenger, who was allowed free lift in the vehicle, while referring to the first part of Clause (i) of proviso to Sub-section (1) of Section 95 of the Act ... contract of employment'. A Full Bench of the Rajasthan High Court in Santra Bai's case, 1985 Acc CJ 762 : (AIR 1986 Rajasthan 101), held that the policy is not required in three categories of cases falling in Sub-clauses (a), (b) and (c) of clause (i) of the proviso to Sub-section (1) (b) of Section 95 of the Act ...

Feb 18 2005

Subash Chander Gupta and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 18-Feb-2005

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ62,[2006]144STC217(NULL)

... within the mischief of Section 23 of the Contract Act. The petitioners have to show that the stipulation asking the buyers to pay the local tax contravenes the statutory provision. It will depend upon the finding, whether the sale in question is governed by the Central Sales Tax Act or the General Sales Tax Act . The validity of the clause in the contract will depend upon ... Court in Dwarkadas Marfatia and Sons v. Board of Trustees of the Port of Bombay : [1989]2SCR751 , Mahabir Auto Stores v. Indian Oil Corpn. : [1990]1SCR818 and Shrilekha Vidyarthi (Kumari) v. State of U.P. : AIR1991SC537 . Where the breach of contract involves breach of statutory obligation when the order complained of was made in exercise of statutory power by a statutory ... of them, for any purpose other than those mentioned in clause (2A) of Article 32 of the Constitution of India.' Article 226. Power of High Courts to issue certain writs (1) Notwithstanding anything in Article 32, every High Court shall have the powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, ... contract, is in contravention to any statutory provision and thus falls within the mischief of Section 23 of the Contract Act. The petitioners have to show that the stipulation asking the buyers to pay the local tax contravenes the statutory provision. It will depend upon the finding, whether the sale in question is governed by the Central Sales Tax Act or the General Sales Tax Act ...

Apr 05 2004

Surjit Singh Vs. Union of India (UOI) and Ors.

  • Decided on : 05-Apr-2004

Court : Jammu and Kashmir

Reported in : AIR2005J& K7,2005(1)ARBLR346(J& K)

... exercise. The claim No. 1 of the contractor before the Arbitrator was 'reimbursement of damages suffered on account of various breaches of contract by respondent such as abnormal delay in carrying out bearing capacity of soil, delay in handing over site, delay in issue of Sch. B stores, delay in ordering exact quantities' required against such. A Sections II to VIII and provisional ... -speaking the Court can examine the terms of the contract so as to find out as to whether the arbitrator has travelled beyond the scope of the agreement. In support of her contention she has relied upon the following au- ' thorities ;-1999 (4) Supreme 12 : (AIR 1999 SC 1409) (V. G. George v. Indian Rare Earths Ltd.) in which Their Lordships of ... the arbitrator ignores it and awards the amount despite the prohibition in the agreement, the award would be arbitrary, capricious and without jurisdiction. Whether the arbitrator has acted beyond the terms of the contract or has travelled beyond his jurisdiction would depend upon facts, which however would be jurisdictional facts and are required to be gone into by the Court. Arbitrator may ... can examine the terms of the contract agreement to find out as to whether the arbitrator has travelled beyond the scope of the contract agreement? Learned counsel for the petitioner has argued that, as the award is nonspeaking award, the Court is not empowered under Section 30/33 A. A., to go into the terms of the contract and the record of the arbitration ...

Dec 31 2012

Dr. Arun Sharma Vs. State and ors

  • Decided on : 31-Dec-2012

Court : Jammu and Kashmir

... recognized under the Act. In case of Part-I of the Schedule-III, 25 such recognition is subject to the conditions laid down in Section 13 of the Act.18. The TATA Institute admittedly does not find place in Schedule I or Schedule III of the Act. The communication addressed by Secretary, Indian Medical Council to respondent no.1 under No. MCI- 23(1)/2006-Med./1788 ... the State: Provided that where any permanent resident is not available for appointment to any post, the Government may appoint a nonpermanent resident otherwise eligible for holding such post, on contract basis or on deputation for a term not exceeding three years as it may specify in the order: Provided further that the Government shall have the power to renew the ... settled by now that the Indian Medical Council Act, 1956 has overriding effect and a State 26 Act or Rules and Regulations made there under are to give way to the Indian Medical Council Act, 1956 and the Regulations made under the Act to the extent, these are in-conflict with the Act. The Medical Council of India under Section 33 of the Act, 1956 is clothed with the ... any one of the three Schedules to the Act, observed; Having regard to the scheme of the Act it cannot be held that merely going by the permission granted under Section 10A in complete derogation of the other provisions contained in Section 11(2) read along with Section 2(h) and Schedule I to the Indian Medical Council Act, it cannot be held that such qualification can ...

Jan 11 1965

Sheikh Ghulam Rasul Vs. State of Jammu and Kashmir and Anr.

  • Decided on : 11-Jan-1965

Court : Jammu and Kashmir

Reported in : (1967)ILLJ365J& K

... Act, 2006. Section 5 of that Act defines corruption and has four clauses appended to it. Under this section criminal misconduct is used for the word 'corruption' used in the Act, excepting that In Clauses (a) and (b) of Section 5(1) of that Act the word 'habitually' is an addition. Section 5(3) of that Act ... in which he sues, and, if an Act of Parliament alters that mode of procedure, he has no other right than to proceed according to the altered mode. The remedy does not alter the contract or the tort; it takes away no ... If the presiding Judge were to award a sentence under the Criminal Law Amendment Act, 1952, severer than that which was provided in the former law (viz., the Indian Penal Code) then, of course, it would offend against Article 20. But ... Act came into force, there already existed on the statute book the Prevention of Corruption Act, 2006. Section 5 of that Act defines corruption and has four clauses appended to it. Under this section criminal misconduct is used for the word 'corruption' used in the Act, excepting that In Clauses (a) and (b) of Section 5(1) of that Act the word 'habitually' is an addition. Section ... Section 5(1) of that Act the word 'habitually' is an addition. Section 5(3) of that Act makes possession of property disproportionate to one's known source of income as criminal misconduct. Therefore, in substance, the definition of corruption as given in the Act is the same as contained in Section 5 of the previous Act of 2006 only that in the present Act ...

May 15 1987

Darshan Kumar and etc. Vs. Union of India (UOI) and Ors.

  • Decided on : 15-May-1987

Court : Jammu and Kashmir

Reported in : AIR1988J& K28

... :--'A statutory provision, if incorporated in a lease or contract, will become a part of the terms of the lease or contract and the incorporated provision will lose its statutory character.'On the alternative remedy provided under Section 78-B of the Railway Act, this court, in AIR 1986 J. & K, 74 (supra ... dependent on variety of factors, can well be gone into in a regular Civil Suit, for which specific provision is made under Section 78-B of the Indian Railways Act. It is stated that the loading of coal in Railway wagons is done by the petitioners or their agents in their own ... the respondents is, therefore, attacked with the allegations that the restrictions imposed violate the fundamental right of the petitioners guaranteed to them under Article 19(1)(g) of the Constitution of India. Reliance is placed by learned counsel for the petitioners on AIR 1986 SC 1571 (Central Inland Water Transport Corpn ... the contract, failure of which is not justiciable in the writ petitions, as the same become pure and simple part of the contract for which the proper forum is not the writ petitions under Article 226 of the Constitution of India, but lies elsewhere under the provisions of the Railway Act. ... suit under the Railway Act for getting their disputes settled. This court will not go into the intricacy of the dispute raised by the petitioners in this petition.16. The petitioners and respondents have a contractual relationship. The wagons are hired by the petitioners on contract and they have to ...

Oct 07 2002

State of Jammu & Kashmir, Vs. Dr. Susheela Sawhney and State of Jammu ...

  • Decided on : 07-Oct-2002

Court : Jammu and Kashmir

Reported in : AIR2003J& K83,2003(1)JKJ35

... may be a permanent resident of the state or may not be. Under Section 4 of the Sri Pratap Consolidation of Laws Act, in the matter of inheritance of properties, personal Laws have been made applicable Clause (d) of Sub-section (1) of Section 4 of the Sri Pratap J&K; Laws consolidation Act 1977, provides that in questions regarding succession, inheritance, special property of females ... it cannot ignore the convention on the Nationality of Married Woman. This was placed before the General Assembly for ratification on 29th Jan' 57 Articles 1 and 2 are relevant and are being reproduced below:'1. Each contracting State agrees that neither of the celebration nor the dissolution of a marriage between one of its nationals and an alien, nor the change of ... and also the Notification issued by the State as referred to in Sub-section (3) of Section 6 of the Constitution of J & K (herein after for a short referred to as 'the State Constitution').20. On 15th Aug. 1947, at the commencement of Indian Independence Act 1947, unlike any other erstwhile Indian State under the paramountancy of British Crown, the State of Jammu & ... Kashmir Constitution Act, 1956, was repealed by the Constitution of J & K. This Constitution was adopted by the Constituent Assembly of Jammu & Kashmir on Nov. 17, 1956. Sections 1,2 to 8 and 158 came into force on the date of the adoption of the Constitution and remaining sections on January 26, 1957.Part-III of the Constitution of Jammu & Kashmir, Consisting of Sections ...

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