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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: karnataka Year: 1966 Page 1 of about 39 results (0.019 seconds)

Jun 22 1966 (HC)

Sree Ramakrishna Mining Company Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Decided on : Jun-22-1966

Reported in : [1967]64ITR197(KAR); [1967]64ITR197(Karn)

..... transfer by one or more persons who may wish to take a mining lease under such transfer. 39. the three principles which emerge from section 23 of the contract act are these : the first is that an agreement is void if it is statutorily prohibited. the second is that, when the intention of the parties to ..... by law or was of such a nature that, if permitted, it would defeat the provisions of the law within the meaning of section 23 of the contract act. 31. mr. visvanatha iyer for the assessee placed before us the submission that we should not spend any time on the question whether there was a proper ..... permitted, would defeat the provisions of the 37th rule does not, in our opinion, rest upon a sound interpretation of section 23 of the contract act. the words 'if permitted it would defeat the provisions of any law' occurring in the third paragraph to that section refer to performance without ..... those provisions in terms forbid. it was urged that while transgression of such statutory provisions would attract the 23rd section of the contract act and would make the agreement void, such would not be the case where a transfer is made under rule 37, which does not contain ..... the sense that neither rule 37 nor any other rule prohibits it, the argument cannot be sustained that the contract of partnership is forbidden by law and is, therefore, void under section 23 of the contract act. on the contrary, the 37th rule on which mr. rajasekhara murthy depends, enables the transfer of a lease and so .....

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Jul 22 1966 (HC)

Life Insurance Corporation of India Vs. Thilothama

Court : Karnataka

Decided on : Jul-22-1966

Reported in : [1967]37CompCas201(Kar); (1966)2MysLJ718

..... on the date the liability to pay the commission accrues it may be seen that under section 4(1) of the mysore hindu law women's rights act, 1933 (mysore act no.x of 1933), the succession to a hindu male dying intestate would take place in the following order : (i) the male issue to the ..... for so long as such commission would have been payable had such insurance agent been alive.' 6. this sub-section was substituted by the insurance (amendment) act, 1950 (central act xlvii of 1950). what is meant by the expression 'payable to the heirs ?' does it mean that the right to receive payments vests in the ..... limited to the question whether she is entitled to the commission accrued on or after that date. 5. sub-section (1) of section 44 of the act lays down the circumstances under which an insurance agent is entitled to renewal commission. it is not disputed that revannaiah would have been entitled to renewal commission ..... of section 44 of the act. that contention has been repelled by both the courts below. but the same is pressed before me for acceptance. 3. the term 'heir' found in section ..... the commission that would have been payable to revannaiah had here been alive. she has made this claim under sub-section (2) of section 44 of the act. the insurance corporation is resisting her claim. its case is that she is not a 'heir' within the meaning of that expression in sub-section 92) .....

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Sep 09 1966 (HC)

The Canara Industrial and Banking Syndicate Ltd. Vs. V. Ramachandra Ga ...

Court : Karnataka

Decided on : Sep-09-1966

Reported in : AIR1968Kant133; AIR1968Mys133; (1967)1MysLJ490

..... the goods: (2) such railway receipts were documents of title and a valid pledge of the goods covered by the receipts could be made under the contract act, before it was amended in 1930, by endorsing and delivering the same as security for the advances made to the owner of the goods'the supreme ..... doubt arises as to whether a particular document is a 'document showing title' or a 'document of title' to goods for the purposes of the indian contract act, the test is whether the document in question is used in the ordinary course of business as proof of the possession or control of goods, or ..... . bailment under section 148 of the indian contract act consists of delivery of goods by one person to another for a specific purpose. pledge, therefore, presupposes the delivery of the goods. if the transaction between ..... if the way bill in this case should be treated as a 'document of title', it would then follow that under section 172 of the indian contract act, it could be pledged by transfer of the same pledge means the bailment of goods as security for payment of a debt or performance of a promise ..... the endorsement on the way bills and was not aware of the transactions between the first defendant and the plaintiff ; that there being no privity of contract between him and the plaintiff the plaintiff cannot hold him liable. he also contends that condition no. 10 at the back of the way bill does .....

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Aug 25 1966 (HC)

Mysore Sugar Company Employees' Union Vs. Commissioner of Labour (Stat ...

Court : Karnataka

Decided on : Aug-25-1966

Reported in : (1968)ILLJ491Kant

..... was that the deduction from the wages for which the impugned settlement provides is not a deduction authorized by the payment of wages act, and, that the settlement which is a contract providing for such deduction offends against the provisions of s. 7 and is therefore null and void. on behalf of the company ..... b. n. c. mills : air1964mp297 . the enunciation made in these cases is that s. 23 of the payment of wages act creates no prohibition against the alteration of a wage by contract or agreement and that once there is such alteration, that alteration does not amount to a deduction within the meaning of s. 7. ..... we may say so with respect, is unexceptionable. what is prohibited by s. 7 of the payment of wages act is a deduction from the wage which is payable. but if by a contract or agreement the wage which is so payable becomes smaller and so the smaller sum of money is the wage payable ..... to be considered by us is the argument resting on s. 23 of the payment of wages act. that section makes a contract or agreement under which an employee relinquishes any right conferred by the payment of wages act, null and void to the extent it purports to deprive him of that right. sri krishnayya constructed ..... of s. 7. what is prohibited by that section is a deduction which is not authorized by the act from a wage which is payable. but if the wage payable becomes smaller by reason of a contract or agreement, there would be no impermissible deduction from that wage within the meaning of s. 7 since .....

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Aug 10 1966 (HC)

Gyan Prakash Gupta Vs. State of Mysore by Its Chief Secretary Vidhana ...

Court : Karnataka

Decided on : Aug-10-1966

Reported in : AIR1968Kant61; AIR1968Mys61; ILR1967KAR64

..... this court. in : [1962]3scr547 , raghubar dayal jai prakash v. union of india, the constitutional validity of the operative provisions of the forward contracts (regulation) act, 1952, had been challenged. an attack was made on the validity of vesting power in the central government to fix prices without specifying the basis ..... nature of things it is not possible for the legislature to determine beforehand the price at which a commodity may be sold or at which contracts in relation thereto might be entered into. the price must be dependent upon factors varying from time to time and cannot, therefore, be ..... . the legislature is the appropriate authority to consider whether such regulation by law is necessary. it is seen from the preamble portion of the act that the legislature has found it expedient, (amongst other things), to control rate of hotels and lodging houses. the provisions in part vi ..... state government has the power to authorise by notification, any officer to perform the functions of the competent authority under part vi of the act. a definition of this type renders it unnecessary for provision being independently made for the appointment of the competent authority. after all, it is ..... and boarding of 38 persons. in these three writ petitions, the petitioners pray for a declaration that the provisions of part vi of the act are void as offending the provisions of the constitution; they also pray for an order restraining the respondent-state and its officers (appointed under .....

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Jul 06 1966 (HC)

Bharat Electronics Ltd., Bangalore Vs. Aswathanarayan B.

Court : Karnataka

Decided on : Jul-06-1966

Reported in : (1967)IILLJ174Kant

..... disciplinary proceedings, on the ground of breach of rules of natural justice, or the terms of the contract of service, he is not raising any industrial dispute exclusively cognizable by industrial tribunals, but he is merely seeking to establish his civil right, which is cognizable by the ..... have sought relief under s. 33a. though in the court below, the defendants appear to have contended that the plaintiff could have sought relief under s. 33a of the act, in this court, sri parthasarathi, the learned counsel for the petitioners, contended that the plaintiff could have raised through his union an industrial dispute and persuaded the state government ..... jurisdiction to order reinstatement of the employee, but can award damages. 7. the learned counsel for the petitioners fairly conceded that there is no provision in the industrial disputes act expressly barring the jurisdiction of the civil court to entertain a suit by an aggrieved employee, but it is only by implication that the jurisdiction of civil courts is barred ..... relief. grant of reliefs like reinstatement, fixation of fair wages, grant of paid holidays, bonus, etc., are within the special jurisdiction of the tribunals constituted under the industrial disputes act. but, where an employee or workman does not claim reliefs which can be granted only by the industrial tribunals, but merely challenges as illegal an order of punishment imposed in .....

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Oct 05 1966 (HC)

Hemavathiamma Vs. Kumaravelu Mudaliar

Court : Karnataka

Decided on : Oct-05-1966

Reported in : AIR1968Kant111; AIR1968Mys111; ILR1967KAR188; (1967)1MysLJ35

..... the time of the filing f the petition for bankruptcy nor alimony thereafter accruing, is a provable debt; a claim for alimony is not founded on contract express or implied, but on natural legal duty of the husband to support the wife.'(8) the high courts of calcutta and madras, however, taking ..... -cochin decision followed the view of the allahabad high court in preference to the view taken by the madras high court.(10) section 10 of the act lays down the conditions on which a debtor may petition for adjudging him an insolvent. that section read:'10. (1) a debtor shall not be ..... not able to get the maintenance on account of the pendency of the insolvency proceedings. under section 44, sub-section (1) clause (d), prov. insolvency act 5 of 1920, an order of discharge shall not release the insolvent from any liability under an order for maintenance made under section 488, criminal p.c., ..... v. rajagopalaswami naidu : air1940mad951 . the decision in tokkee bibee's case, (1880) ilr 5 cal 536 was before the enactment of the provincial and presidency insolvency acts, and before the decision of the english courts in the leading cases of linton v. linton, (1885) 15 qbd 239, in re; hawkins, (1894) 1 ..... appeal.(5) the precise question presented for decision is, 'is there decree, as the one here under consideration, a debt within the meaning of the act?'(6) in england, the law is that the obligation to make payments of alimony is not a debt or liability provable in bankruptcy, and therefore, orders .....

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Oct 07 1966 (HC)

R. Sannappa and Sons Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Decided on : Oct-07-1966

Reported in : [1967]66ITR27(KAR); [1967]66ITR27(Karn); (1967)1MysLJ64

..... as the losses of the firm have been distributed among its partners. but if our earlier conclusion that, in the absence of a contract to the contrary, the losses should be shared by the partners in the same proportion in which they are entitled to share the partnership ..... the losses is concerned, the same is regulated by section 13(b) of the indian partnership act. that section to the extent it is relevant for our purpose, says : 'subject to contract between the partners -........ (b) the partners are entitled to share equally in the profits earned and ..... . dealing with those requirements, their lordships observed that in order that a firm may be entitled to registration under section 26a of the act, the following essential conditions must be satisfied, viz., (i) the firm should be constituted under an instrument of partnership, specifying the individual ..... the supreme court was called upon to consider the scope of the expression 'constituted under an instrument of partnership' in section 26a of the act. while dealing with that question their lordships proceeded to consider not only the requirements of section 26a but also that of the relevant rules ..... act, it would be seen that if an instrument of partnership specifies the individual shares of the partners in the partnership profits, without more, it follows that the losses, if any, incurred by the partnership should also be shared in the same proportion in which the profits are to be shared by them. in the absence of a contract .....

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Oct 07 1966 (HC)

K. Nanjundiah Setty and ors. Vs. Corporation of the City of Bangalore

Court : Karnataka

Decided on : Oct-07-1966

Reported in : AIR1968Kant38; AIR1968Mys38; (1967)1MysLJ87

..... 412.' the latter section lays down: 'where in any case not provided for in section420,any municipal authority or any person is required by or under this act or any rule, bylaw, regulation or contract made under it to pay any costs,damages,penalties,compensation,charges,fees,rents expenses,contributions or other sums referred to in section 411 the amount or apportionment ..... in accordance with this act... are due by any person to the corporation.' that section requires that a bill containing ..... the provisions contained in sections411to 415 of the act. section 411 provides for recovery of sums due to the corporation towards 'costs,damages,penalties,compensation,charges,fees,rents,expenses,contributions and other sums which under this act or any rule,bylaw or regulation made thereunder or any other law or under any contract including a contract in respect of water-supply or drainage made .....

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Apr 07 1966 (HC)

Shambu Reddy Vs. Ghalamma

Court : Karnataka

Decided on : Apr-07-1966

Reported in : AIR1966Mys311; 1966CriLJ1291; ILR1966KAR518; (1966)1MysLJ639

..... for her living with him, the magistrate is entitled to pass an order of maintenance, if that offer be under the circumstance that the husband has contracted a second marriage and his second wife is living with him.'(23) in : air1954all30 , randhir singh, j. has held that no other ground for ..... section is in the nature of an exception to the general provisions continued in the section. the proviso added by act 9 of 1949 runs as follows: 'if a husband has contracted marriage with another wife or keeps a mistress, it shall be just ground for his wife's refusal to live ..... and consortium: but if provides for only food raiment and shelter when the husband neglects or refuses to maintain the wife. when the husband has contracted another marriage or has kept a mistress, and in those circumstances, the wife refuses to accept the offer of the husband to maintain her in ..... another marriage or has kept a mistress several high courts had rendered conflicting rulings on e point and therefore the wife was under those circumstances found to be at a disadvantage. this had caused great hardship to the wife. the act ix of 1949 was intended ..... act ix of 1949 was intended to meet a special circumstance. while s. 488 of the criminal procedure code provided for summary remedy to a deserted wife to claim maintenance from her husband, it did not provide for separate maintenance in the event of the wife refusing to live with her husband on the ground that he has contracted .....

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