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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kerala Year: 1966 Page 1 of about 29 results (0.030 seconds)

Feb 25 1966 (HC)

K. Appukuttan Panicker and anr. Vs. S.K.R.A.K.R. Athappa Chettiar and ...

Court : Kerala

Decided on : Feb-25-1966

Reported in : AIR1966Ker303

..... between this position and the plea that some of them are only sureties there is an essential antithesis.7. we may also add that under section 44 of the indian contract act, the release of one of the joint promisors will not absolve the others. we therefore come to the conclusion that notwithstanding ext. d-1 and in the absence of any ..... securities available to the appellants were impaired by the execution of ext. p-1, the appellants have been released from their obligations by virtue of section 139 of the indian contract act. itwas also urged that in any view of the matter ext. p-1 spelt a granting of time to the principaldebtor and therefore the appellants have been released on the ..... principle enbodied in section 135 of the indian contract act. reference was also made to section 133 of the contract act. the second contention was that by virtue of ext. p-1 there has been an alteration of the agreement contained in the promissory note ext ..... low bur 103). the relevant passage runs thus:'the judgment must be based on facts duly proved, evidence act, section 165. the parties had reduced their contract to a written document and under section 37, negotiable instruments act, were principal debtors in the absence of a contract to the contrary. according to thenote each promised to pay jointly or severally. it was on the .....

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Jul 13 1966 (HC)

Appakannu Muhammed Haneefa and anr. Vs. Narayani Pilla Thankamma Pilla ...

Court : Kerala

Decided on : Jul-13-1966

Reported in : AIR1967Ker190

..... he has first pursued and with which his subsequent conduct is inconsistent. all these doctrines presuppose a conscious and deliberate exercise of right. but, in the present cases the parties acted under a mutual mistake regarding the law of inheritance applicable to them. still, i do not think that the position will be different. if under a mutual mistake one party .....

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Jan 27 1966 (HC)

Kunjayyappan Kattuparambil Mamu and ors. Vs. Mariam W/O. Puthussery Pa ...

Court : Kerala

Decided on : Jan-27-1966

Reported in : AIR1967Ker15

..... the oath agreement had been accepted by both sides, it was a concluded contract as contemplated by section 5 of the indian contract act and that such a concluded contract could be avoided or resiled from only on grounds contemplated by the contract act. under the contract act a validly concluded contract can be avoided only on the grounds of coercion undue influence fraud misrepresentation or ..... mistake of fact, as contemplated by sections 14 - 22 of the act mr. parameswarn menon is right ..... when he points out that the provision of the contract act that may he applicable to the ..... present case is only section 22 which says that a contract reached on a mistake of fact of one party cannot be avoided by him .....

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Jul 14 1966 (HC)

Nechupadam Construction Engineering Contractors Vs. the Executive Engi ...

Court : Kerala

Decided on : Jul-14-1966

Reported in : [1967]20STC82(Ker)

..... necessary connection between the movement of goods across the border and the so-called contract between the petitioner and government. this is a simple case where government in order to supply petrol and diesel oil purchased them in inter-state transactions ..... the petrol and diesel oil to persons like the petitioner would not make the movement of goods across the border, a movement under the so-called contract with the petitioner. government could as well have supplied the petitioner with petrol and diesel oil by purchasing them in the local market. there was no ..... conditions are : (1) a sale of goods, and (2) a transport of those goods from one state to another under the contract of sale.3. section 3 of the central sales tax act says : '3. when is a sale or purchase of goods said to take place in the course of inter-state trade or ..... thereafter the first appellant sent an advice to the buyer enclosing therewith the railway receipt for the goods and the particulars of the authorisation. both the contract of sale and the advice stated that the goods were being despatched at the buyer's risk from the time delivery was made from the factory ..... sales were intra-state sales and liable to be taxed under the mysore sales tax act, 1948. it was held by the supreme court that the sales were inter-state sales and exempt from sales tax because under the contract of sale there was transport of goods from outside the state of mysore into .....

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Sep 13 1966 (HC)

Phipson and Co. Ltd. Vs. Sales Tax Officer

Court : Kerala

Decided on : Sep-13-1966

Reported in : [1967]19STC200(Ker)

..... petitioner until after the invoices were received by it and it cannot also be said that the movement of goods from bangalore to ernakulam was under any contract between the petitioner and the united breweries ltd., bangalore. in support of the contention that the sales to the petitioner were inter-state sales, the ..... orders for such goods from buyers in other states or outside india. the court held that such purchases would not come under the central sales tax act, 1956, inasmuch as the purchases did not occasion the movement of the goods from the kerala state. it was also held that the fact that ..... by the assessee to the government department were in the course of import and exempt from taxation under section 5(2) of the central sales tax act, 1956. the supreme court said that a sale in the course of import need not. precede the import but may take place subsequently. the court ..... of such import permits for the quantity required by the petitioner and sent the goods direct to the petitioner in special conveyances, that mcdowell & co., ltd., acted only as agent for the petitioner and that there were no sales by the united breweries ltd., to mcdowell & co., ltd.4. the ultimate question ..... the petitioner, that mcdowell & co., ltd., shertallai, had no possession of the goods at any time during the transactions, that mcdowell & co., ltd., acted only as agent for placing the orders of the petitioner with the united breweries ltd., and for collection of the sale price and that the sales by the .....

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Aug 26 1966 (HC)

West Coast Employers' Federation Willingdon Island and Ors. Vs. State ...

Court : Kerala

Decided on : Aug-26-1966

Reported in : (1967)ILLJ756Ker

..... alternative employment is agriculture, whereas the other areas arc industrial centres, for fixing lower wage rates for the trichur area. by section 3 of the act, government are authorised to fix, if necessary, different minimum wages for different localities. i think, ext. p-1 notification cannot be considered as ..... for the whole or part of the state. having regard to the diversity of conditions prevailing and the number of industries covered by the act, the legislautre could obviously not fix uniform minimum rates of wages for all scheduled industries, or for all localities in respect of individual industries ..... 2) that the provision in the notification superseding all existing awards fixing the wage rates is contrary to section 3(2-a) of the act.3. petitioners counsel submitted that there was no intelligible differentia for making the region-wise classification for fixing the minimum wages in the tile industry ..... it is not appropriate that the respondent should be associated, though indirectly, with tbe settlement which is in breach of the provisions of the act. we would, therefore, suggest that the respondent should seriously consider this aspect of the matter and should not hesitate to do what may appear ..... of offences not otherwise expressly provided for. under section 25 any contract or agreement whether made before or after the commencement of this act which affects an employee's right to a minimum rate of wages prescribed under the act shall be null and void so far. as it purports .....

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Jun 21 1966 (HC)

Panthalakunnummal Pokkutty's daughter Kunheema Umma and Ors. Vs. Putha ...

Court : Kerala

Decided on : Jun-21-1966

Reported in : AIR1967Ker97

..... the following effect:'notwithstanding anything to the contrary contained in any other law for the lime being in force or in any contract, with effect on and from the commencement of this act, no suit or other proceedings for eviction of a person from his holding or for the recovery of arrears of rent ..... sold in court auction on 30-8-1956 and the sale was posted for being confirmed to 3-10-1956. the travancore-cochin indebted agriculturists relief act, 1956 (act iii of 1966) came into force on 10-9-1966. the appellant made an application to the execution court on 25-9-1956, which contained ..... proceedings based on the order of confirmation of sale are without jurisdiction being in viola lion of the statutory prohibition contained in section 4 of act i of 1957 and are therefore void and that the bar of res judicata does not apply to the contention of the defendants that the ..... district judge in the appeal was incompetent and without jurisdiction. for this purpose learned counsel relied upon the terms of section 44 of the indian evidence act and upon the use of the words 'competent court' in that section. we have no hesitation in rejecting this submission of the leanied counsel. a ..... delivered to the auction purchaser on the ground that the confirmation of court sale and the subsequent delivery proceedings being in violation of section 4 of act 1 of 1957 are without jurisdiction and defendants 1 to 4 are entitled to have their possession restored. both the courts below rejected the petition .....

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Sep 06 1966 (HC)

C.V.A. Hydross and Son (by Partner, Chenathu Valapil Abdul Azeez Hydro ...

Court : Kerala

Decided on : Sep-06-1966

Reported in : (1967)ILLJ509Ker

..... be prescribed by the board for each category of workers. clause 42 states that unless otherwise specifically provided for in the scheme, it shall be an implied condition of the contract between a registered dock worker in the categories of winchman, tindal and stevedore mazdoor, and a registered employer that the rates of wages, allowances and overtime, hours of work, ..... , then, termination in that context would not be 'retrenchment.' while all retrenchment is termination of service, all termination of service is not retrenchment under section 2(oo) of the act. some limitation must be imposed as being inherent in the definition of ' retrenchment ' in section 2(oo) as meaning the termination by the employer of the service of workman ..... computed under section 33c (2) of the act. pursuant to the notices on the applications petitioners entered appearance and filed written statements denying their liability to pay retrenchment compensation and notice-pay. the petitioners resisted the claims ..... under the petitioners, who are stevedores and that with the promulgation of the cochin dock workers (regulation of employment) scheme, 1959, under the dock workers (regulation of employment) act, 1948, their services were terminated without payment of compensation or notice-pay as required by section 25f and therefore they were entitled to have amounts payable to them to be .....

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Oct 13 1966 (HC)

K. Thayat Vs. Commissioner of Income-tax, Kerala, Ernakulam

Court : Kerala

Decided on : Oct-13-1966

Reported in : [1967]63ITR565(Ker)

..... to government any loss, incurred thereby. 7. in the event of any doubt or dispute arising between the printer and the government in respect of this contract, the decision of the government shall be final and legally binding on the printer. 8. the printer shall be liable for all loss caused to the ..... is no. indication of any other right being conferred by the agreement on the government of kerala. 9. section 3 of the press and registration of books act. 1867, provides that every book or paper printed within india shall have printed legibly on it the name of the printer and the place of printing, ..... the copyright of the book--the right of publishing the kerala edition of the book and that as a resull section 12-aa of the indian income-fax act. 1922, comes into the picture. that section, omitting the explanation thereto which is not material, reads as follows: 'where the lime taken by the ..... tribunal was right in permitting the department to raise the contention that the income of the assessee did not fall under section 12-aa of the income-tax act, 1922? (3) if the answer to question no. (2) is in the affirmative, whether the appellate tribunal was right in holding that the provisions ..... 1. this is a reference at the instance of the assessee by the income-tax appellate tribunal, madras bench, under section 256(1) of the income-tax act. 1961 the assessment year concerned is 1959-60; and the accounting period, the twelve months ended on the 31st march 1959 the questions referred are: (1) .....

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Aug 01 1966 (HC)

M. Kutty Hassan Kutty Vs. Sales Tax Officer

Court : Kerala

Decided on : Aug-01-1966

Reported in : [1967]19STC278(Ker)

..... the definition says :-whether the charges received, for packing materials will form part of the sale price will depend upon the nature of contract. for instance, when the contract is to purchase goods-oil in barrels-an implied contract to purchase the packing material can readily be inferred. in such cases cost of packing materials cannot be termed as cost of delivery or ..... had a remedy by way of appeal to the appellate tribunal under section 39 of the kerala general sales tax act, 1963, and then by way of revision to this court under section 41 of the said enactment. the appellant has not chosen to resort to those remedies and on that ..... sealed tin with the kerosene in being the article that was sold.we see no reason to differ from this statement.7. section 2(h) of the central sales tax act, 1956, defines the expression 'sale price' as meaning the amount payable to a dealer as consideration for the sale of any goods, inclusive of any sum charged for anything done ..... services. (the central sales tax act, 1956, by r. v. patel, second edition, page 131).8. against the order of the appellate assistant commissioner- exhibit p-3-the appellant .....

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