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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh Year: 1966 Page 1 of about 30 results (0.095 seconds)

Sep 29 1966 (HC)

C. Satyanarayana and ors. Vs. Kanumarlapudi Lakshmi Narasimham

Court : Andhra Pradesh

Decided on : Sep-29-1966

Reported in : AIR1968AP330

..... to madras jurisdiction' is printed, it cannot become a part of the contract unless it is expressly agreed to by the plaintiff. the lower courts have categorically round that 'subject to madras jurisdiction' was not a term of the ..... transaction that any dispute arising out of the transaction would be heard and decided by a particular court. no single party can impose any term of the contract upon the other, unless it is agreed to by the other party. merely because the defendants have written a letter on the top of which 'subject ..... state as a broad proposition that a clause of that description would not amount to contracting out of the jurisdiction. that this is so is made clear from what the learned judge says referring to sheik dawood rowther v. south indian ry. ..... the term that the transaction was subject to bombay jurisdiction-was printed at the top of the letter-head and it did not form part of the contract. it is in that context that the relevant remarks were made by the learned judge. we do not think that the learned judge intended to ..... it was also found that the letter, ex. a-3 was written subsequently and 'subject to madras jurisdiction' was not one of the terms of the contract in regard to the transaction which took place at janardanapuram. in view of this finding of fact, i do not think, any question of jurisdiction arises in .....

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Jan 19 1966 (HC)

Dinshawji (Died) and ors. Vs. Abdul Rasool Khan

Court : Andhra Pradesh

Decided on : Jan-19-1966

Reported in : AIR1967AP119

..... a licence. if a partnership is lawful at its inception, because it is not intended to infringe any provision of the contract act, it nevertheless becomes unlawful when it intends to conduct the business jonder sectionicence granted to one only of the partners'. we are therefore, satisfied that ..... grant of licence to the defendant is violative of section 14 of the act and thus comes within the mischief of section 23 of the indian contract act. it cannot now be in doubt that a licence under the akbari act is a personal privilege to vend or supply liquor. even if it is ..... tender of the defendant was accepted by the concerned authority. such a contract, he contends, is not vilative of section 14 of the hyderabad abkari act, hereinafter referred to as 'the act', and therefore, not illegal under section 23 of the contract act.(7) in order to appreciate this contention, it is necessary to read ..... section 14 of the act as it stood when the contract was entered into. the act is in urdu. the translation ..... issued in the name of any person and the partnership entered into after the licence is granted under the act in this case.on the showing of the plaintiff himself, the contract of partnership was entered into only to supply liquor to the districts of bidar and osmanabad after the licence .....

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Sep 07 1966 (HC)

Conservator of Forests Nizamabad Circle, Nizamabad and ors. Vs. K. Sri ...

Court : Andhra Pradesh

Decided on : Sep-07-1966

Reported in : AIR1968AP198

..... amount of 1/4 lease amount: and (f) the interpretation as mentioned above is reasonable and is in consonance with s. 74 of the indian contract act and the scheme of the rules.14. the learned government pleader appearing on behalf of the appellants in these writ appeals has challenged the correctness of ..... consistent with the right of the government to collect penalty mentioned under rule 29 and clause 7 of the forest agreement after the contract has been terminated. section 74 of the contract act does not stand in the way of the collection of the whole penalty also, as on the date of the writ petitions ..... breach; or if the contract contains any other stipulation by way of penalty; the party complaining ..... to recover the whole penalty after the termination of the contract in the circumstances of the two present cases.32. ground (f):-- section 74 of the indian contract act runs as follow:--'when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such ..... further agrees to pay to the government a sum of not exceeding one quarter of the total consideration payable by him under this contract for every omission by himself, or for every act by himself or by his servants, or agents which may be in contravention of this clause. for the purposes of this clause .....

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Aug 20 1966 (HC)

E.S. Velayudhan Vs. Commissioner of Income-tax and ors.

Court : Andhra Pradesh

Decided on : Aug-20-1966

Reported in : AIR1968AP50

..... he do, little or nothing of either income-tax law or the laws of three taxes, or accountancy or the allied laws of partnership act, contract act, transfer of property act, registration act, hindu law as modified and codified recently etc.' and he ended his explanation quoting the bible 'my lord! he knoweth not what ..... raiasthan, : [1958]1scr1015 .'it is well established that when one state is absorbed in another, whether by accession, consequent, merger or integration all contracts of service between the prior government and its servants automatically terminate and thereafter those who elect to serve in the new state, and are taken on by ..... the files relating to his service from 1-4-50 onwards, we have no doubt that the competent authority the first respondent has not acted in any capricious orarbitrary manner and that he was not motivated by any personal animosity or 111 will against the officer, that the reasons recorded ..... appellant then became an indian citizen the repudiation 'as an act of state' was not any longer possible. the only way therefore to defeat his rights was by legislation if that could be done under the ..... no. 29 of st. 2004 were still good and could have been enforced in the municipal courts until either repealed or repudiated as an act of state. these rights were carried over after the constitution when the indian republic was formed with this important difference viz., that as the .....

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Apr 22 1966 (HC)

Raja Sagi Padmanbharaju Vs. Sagi Lakshmi Kumara Raju and ors.

Court : Andhra Pradesh

Decided on : Apr-22-1966

Reported in : AIR1967AP237

..... 'the transferor' refer back to the person who 'contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf.' counsel for the respondent rely upon section 11 contract act, which is as follows: 'every person is competent to contract who is of the age of majority according to the ..... law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject ..... rests on the ground of fraud which is personal and has been held to apply only to the party who, having entered into the contract and permitted the obligee to act on the faith of it as if it were legally perfect, seek to resile from it on the ground of its imperfect execution ..... case, : air1959ap534 , the judicial committee proceeded to consider the question of law as to the true construction of section 53a of the act on the footing that in that case the contract entered into by the mother as guardian of the minor, was binding on the minor. (15) we now turn to satyanarayanamurthi's case ..... the person who has transferred the property or anyone who claims through him. this doctrine has been enacted in section 53a of the act subject to two conditions, namely, that the contract must be in writing, and the right is available only as a defence: it is held and not a sword. the .....

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Nov 16 1966 (HC)

Konduri Buchi Rajalingam and ors. Vs. State of Andhra Pradesh by Its S ...

Court : Andhra Pradesh

Decided on : Nov-16-1966

Reported in : AIR1968AP156

..... all' sums to the provincial government including compensation for any loss or damage sustained by them in consequence of a breach of contract' discriminates the state from any other person in the matter of realising a debt, but the said act of discrimination can be justified on the basis of a reasonable classification, that the purpose of the classification is apparent and ..... sums due to the state government, including compensation for any loss or damage sustained by them in consequence of a breach of contract, may be recovered in the same manner as arrears of land revenue under the provisions of this act, unless the recovery thereof shall have been or may hereafter be otherwise specially provided for'.his lordship mr. justice subba rao ..... respondents is untenable.7. it is therefore to be seen in the first instance whether there is any contract between the petitioner and the respondents relating to the liability that is now attached by issuing a demand notice under the madras revenue recovery act. it may be relevant to notice document no. 9 in the typed material papers. it is a letter ..... article 289 of the constitution to bind the parties to the terms of the contract and therefore there can be no liability of the petitioner; (2) that when the liability, that is the sum due, is in dispute, the provisions of section 52 of the madras revenue recovery act can have no application; and (3) even if it is held that section .....

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Jul 21 1966 (HC)

Akkipeddi Gopalasastry Vs. Vijayawada Engineering Metal Co. Ltd.

Court : Andhra Pradesh

Decided on : Jul-21-1966

Reported in : AIR1968AP41

..... not amount to a breach of any obligation. we are therefore inclined to hold that the basis of the suit is not one of breach of contract but one for rendition of accounts on the basis of an agreement between the parties.4. it is also not disputed by sri surya rao that ..... appellant, argued that the suit is one for damages for breach of a contract and that the same is barred under article 115 of the limitation act. we have no doubt that the suit is not based on any breach of the contract. it was a suit to recover the articles or their value on the ..... in substance one for compensation for breach of a contract not specially provided for and that article 115 of the limitation act governs the suit. he argued that the defendant repudiated the contract on 21-10-1953 itself and that there was accordingly a breach of the contract which was more than three years from the date ..... of the suit. we are unable to accept this argument because the suit is not based upon a breach of contract ..... allegation that the goods were originally entrusted to the defendant for a certain purpose, that in spite of demand, the defendant failed to comply with the same. such a suit is in our opinion governed by the specific article 49 of the indian limitation act .....

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Jul 15 1966 (HC)

Ramakrishna Transports, Kalahasti Vs. Commissioner of Income Tax, Andh ...

Court : Andhra Pradesh

Decided on : Jul-15-1966

Reported in : AIR1968AP34; [1968]68ITR107(AP)

..... property in that case vis-a-vis the karta representing the family they will take the same place as the strangers would occupy by any contract with him. but when it is open to the adult members acting within the authority conferred on them, whether express or implied, to represent the family, there is no reason why they along with the karla ..... . he or they in such cases occupy a dual position. as betwe.en the parties to the contract they are partners and their rela-tionship is regulated by the partnership act. they as a rule are personally liable for all the obligations under the contract as against the partner strangers. in relation to the family members they have a duty to account for ..... one manager but several persons with equal powers are entrusted with the duty of managership. in such a case the act of any one will bind all the coparceners. the manager or managers of the joint family firm have implied authority to contract debts and pledge the properties and credit of the family for the ordinary purposes of family business. no other ..... to share theprofits of the business carried on by all or any of them acting for all. the persons who have thus entered into the contract are called individually partners and collectively a firm. the relationship between coparceners in connection with joint family business is not based on contract but on status and is created by operation of law. that is why section .....

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Dec 01 1966 (HC)

Kumarika Subarna Rekha Mani Devi and ors. Vs. Ramakrishna Deo and ors.

Court : Andhra Pradesh

Decided on : Dec-01-1966

Reported in : AIR1968AP239

..... relief will be governed by the general provisions of the code of civil procedure, and not by section 42 of the specific relief act, vide: pollock and mulla on the law of contract and specific relief, 1957 edition, pages 855 and 856. in this view, i cannot envisage as maintainable a suit for a ..... immoveable property, or where such consideration has no market value, at the rates specified in section 47, in all these cases, section 39 deals with a contract or promise sought to be enforced in relation to property whether movable or immoveable, so that under section 39 (e) when it is provided that where ..... or premium, if any, and of the average of the annual rent agreed to be paid; clause (d) provides that in the case of a contract of exchange court-fee is to be computed on the amount of consideration or as the case may be, on the market value of moveable or ..... 38 (2) indicates payment of court-fee under section 47, because it is a matter otherwise provided for.section 39 deals with suits tor specific performance of contracts, with or without possession which necessarily involve some tangible property (moveable or immove-able) which property may have either market value or no market value. sub- ..... not represent the true value. the proceeding may, in many cases, such as a suit for an instalment of rent or under a contract raise the entire question of the contract relations between the parties and that question may, settled one way or the other, effect a much greater value, and its determination .....

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Jun 27 1966 (HC)

Bommidala Poornaish Vs. the Union of India

Court : Andhra Pradesh

Decided on : Jun-27-1966

Reported in : AIR1967AP338

..... have been complied with and the plaintiff cannot be shut out from raising the point or requiring the proof of the fact that he had entered into a contract to bind himself on his bond, while it is said point was taken by him in his reply to the show cause notice.(32) we will ..... a manner completely divorced from commonsense. in that case it was not clear at all from the notice whether the plaintiff's claim is based on a contract for the payment of godown rent or on the footing of damages for use and occupation of the plaintiff's godown or through whom the first defendant ..... bad and is liable to be set aside. the plaintiff in his plaint specified what those documents were which were not examined, and the allegation that the contract was not signed by the plaintiff to bind him on his bond is a question of evidence and does not form part of the cause of action, as ..... of the opinion of an expert without the expert being examined.(2) the appellant-plaintiff is a licensed tobacco trader in guntur. he had entered into a contract on 1-6-1965 with a japan monopoly through the tokyo food products ltd., for supply of 500 bales of tobacco from 1955 crop and 250 bales of ..... arrangement for payment of godown rent was only incidental to the contract supply of the goods, and it is not unreasonable to infer that that arrangement was also made by and through the 2nd defendant acting for the first defendant. the relief claimed was that the madras government should pay up the amount claimed and if .....

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