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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kolkata appellate Page 1 of about 300 results (0.039 seconds)

Mar 23 2011 (HC)

icici Bank Limited. Vs. Limtex (India) Limited.

Court : Kolkata Appellate

..... any one of them. it has been observed that such an agreement is not contrary to public policy and in no way contravenes section 28 of the contract act, 1872. 17. this decision of new moga transport company (supra) is quite applicable in the instant situation. so, by the agreement between the parties, parties ..... of air 1989 sc 1239 and 1995(4) scc 153. the contract has, therefore, to be properly construed. therefore, i am of the view that the present case is in consonance with the case of hanil era textiles ..... exclusio alterius may be applied. what is an appropriate case, shall depend on the facts of the case. when certain jurisdiction is specified in a contract and intention is to exclude all others from its operation, in such a case mention of one thing may imply exclusion of another, when certain jurisdiction ..... is specified in a contract, an intention to exclude all other from its operation may in such cases be inferred. 19. such a view has been adopted on the basis ..... required to pay the deficit court fees over the suit valuation. 25. now, section 18 of the recovery of debts due to banks and financial institutions act, 1993 clearly bars the jurisdiction of the court to entertain such claim. only the competent debts recovery tribunal has the jurisdiction to entertain such a claim between .....

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Mar 14 1983 (TRI)

Purnasree Cinema Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1983)5ITD592(Kol.)

..... above and, therefore, it could not be said that the partnership deed was not a valid one. he urged that under the indian contract act, 1872, so also under the indian partnership act, 1932, an aop or a boi is also a person and, therefore, a partnership agreement is between persons and not between individuals ..... court decision in the case of cit v. sir hukumchand mannalal & co. [1970] 78 itr 18. it is also well settled that a contract of partnership has no concern with the obligation of the partners to others in respect of their shares of profit in the partnership. it only regulates ..... registration. during the year under consideration the assessee applied for continuation of registration by filing a declaration under section 184(7) of the income-tax act, 1961 ('the act') in form no. 12 but the said form no. 12 was not signed by smt. sarala bala barick. the ito rejected the assessee ..... . reference was made to the provisions of section 311 of the indian succession act, 1925 wherein the powers of several executors or administrators have been defined. he pointed out that in accordance with the provisions of section 311 when ..... and individually had been made partners in the deed of partnership. the hon'ble court said that the proper test was whether either of them acting individually can enter into transactions on behalf of the firm or otherwise bind the firm. they held that- once the proper question is posed, .....

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Jun 17 2005 (TRI)

Abn Amro Bank Nv Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)96TTJ(Kol.)1041

..... security scams in this country. this exercise, in our considered view, is nothing short of a fraud within meanings of section 17 of the indian contracts act, 1872, which describes fraud as, inter alia, active concealment of a fact by one having knowledge or belief of the fact. now, it cannot be ..... the other state shall, for the purpose of determining the taxable capital of such enterprise, be deductible under the same conditions as if they had been contracted to a resident of the first-mentioned state. 5. enterprises of one of the states, the capital of which is wholly or partly owned, ..... of the case, the learned cit(a) erred in confirming the disallowance of rs. 61,90,206 under section 40(a)(i) of the it act, 1961 (the act), representing offshore remuneration paid by the head office to the expatriate employees rendering services in india. 2. that, on the facts and in the ..... facts is required, we admit the same for consideration.6. we now proceed to dispose of the above grounds simultaneously. under section 192 of the it act 1961, the assessee was required to deduct tax from the salary paid to their expatriate employees. some of the expatriate employees having rendered services in ..... office at singapore. in india, the appellant is registered as a scheduled bank in terms of schedule ii of the reserve bank of india (rbi) act, 1934. the main activities of the appellant in india comprise of accepting deposits, giving loans, discounting/collection of bills, issue of letters of credit/guarantees .....

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Oct 03 2007 (TRI)

initiating Explosives Systems Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2008)9STR509

..... sides, it may be held that there was a relation between the parties as principal and agent following definition of agent given by section 182 of indian contract act, 1872 which reads as under: "agent" and "principal" defined - an "agent" is a person employed to do any act for another or to represent another in dealing with third person. the person for whom such ..... he has not passed on the burden of duty to a third party and that he has himself borne the burden of the said duty. (vi) section 72 of the contract act is based upon and incorporates a rule of equity. in such a situation, equitable considerations cannot be ruled out while applying the said provision. (vii) while examining the claims for ..... it. such a claim is maintainable both by virtue of the declaration contained in article 265 of the constitution of india and also by virtue of section 72 of the contract act. in such cases, period of limitation would naturally be calculated taking into account the principle underlying clause (c) of sub-section (1) of section 17 of the limitation ..... prejudice to public interest but is offensive to several well established principles of law. it also leads to grave public mischief. section 72 of the contract act, or for that matter section 17(1)(c) of the limitation act, 1963, has no application to such a claim for refund. (v) article 265 of the constitution has to be construed in the light of .....

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Dec 10 2010 (HC)

Golok Lall Seal. Vs. Dsk Real Estate Limited and ors.

Court : Kolkata Appellate

..... of law in maintaining this suit for not claiming any relief for partition in the suit for specific performance of contract, mr. roy choudhury drew my attention to the proviso to sub-section 2 of section 22 of the specific relief act which provides that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any ..... . mr. bagchi further contended that the instant suit is barred under section 22 of the specific relief act as the plaintiff has not prayed for any decree for partition in such a suit for specific performance of contract where admittedly relief for specific performance of contract cannot be granted unless the suit is partitioned by meets and bounds.8. mr. bagchi further contended ..... . 14. with regard to second contention of mr. bagchi regarding section 22 of the specific relief act, this court holds that claiming relief for partition in a suit for specific performance of contract by the plaintiff is not mandatory under section 22 of the specific relief act as the said provision incorporates the expression may instead of shall therein. the use of the ..... of the plaintiff. then again the proviso to sub-section 2 of section 22 of the said act also makes it clear that the plaint cannot be rejected for not claiming the relief for partition in such a suit for specific performance of contract at this initial stage as the said proviso makes it clear that at the stage of the trial .....

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Feb 20 1991 (TRI)

Ellenbarrie Industrial Gases Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1991)37ITD370(Kol.)

..... expenses incurred on behalf of its principal. a bare reading of section 226 of the indian contract act, reproduced below, would help to settle the controversy : 226. contracts entered into through an agent, and obligations arising from acts done by an agent, may be enforced in the same manner, and will have the ..... both the cases, instead of cash could have taken security in kind (for example, immovable property) to cover its risk and due performance of contracts. the legal implications and character of transaction would have remained the same.of course, deposit in cash was more advantageous to the assessee but merely ..... all along remained the property of the principal. the deposits were taken by the assessee to safeguard its interest and to secure performance of contract from the customers. the learned counsel for the assessee also emphasised that only real income can be assessed to tax. he further stated that ..... tribunal. shri s.k. tulsiyan, the learned counsel for the assessee contended that the amounts in dispute were taken by the assessee under valid contracts and were refundable to purchasers and therefore could not constitute trading receipts. with reference to deposit under the head "sales tax suspense account", shri ..... same logical consequences as if the contracts had been entered into and the acts done by the principal in person.it is clear from the record that customs authorities levied custom duty as soon .....

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Feb 22 2011 (HC)

M/S. Indian Iron and Steel Company Limited. Vs. State of West Bengal a ...

Court : Kolkata Appellate

..... . it was also urged that no licence was produced by the company as is required to be obtained by a contractor under the contract labour (regulation and abolition) act (hereafter the clra act). lastly, he submitted that the court ought to lift the veil for reaching a finding as to whether relationship of employer-employee existed between the company ..... action. insofar as supervision and control exercised by the officers of the company on the added respondents are concerned, it is quite but natural that the contract labour while performing functions would have to act in terms of the directions of the officers of the company who would mark their attendance and allot work to them and also in respect of all ..... all exist. he thereafter contended that the added respondents were paid bonus by the company in terms of the payment of bonus act (hereafter the bonus act). the provisions of the bonus act do not contemplate payment of bonus to contract labours and this itself is sufficient to lead one to the irresistible conclusion that the added respondents are direct employees of the company ..... did not obtain the necessary licence, it would be open to the authority concerned to take action against it under section 23 of the clra act but for that the company cannot be penalized and the contract labours employed by such erring contractor be thrust upon it. non-obtention of licence, without anything more, would not clothe the added respondents with any .....

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Mar 31 1992 (TRI)

Assistant Commissioner of Vs. Arabinda Roy

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1992)41ITD574(Kol.)

..... . cit [1956] 30 itr 701. chakravarthi, c.j., was inclined towards the view that if there is no privity of contract between the payer and the payee, the amount cannot be taxed as salary under section 7 of the 1922 act. the passage at page 714 of the report brings out the distinction between sums received by an assessee from his employer ..... and messrs lovelock and lewes. the assessee was not an employee of the promoters under that contract as an individual, nor could he claim any salary or wages as such. the contract of employment could neither be enforced against him personally and individually, nor could he, acting as an individual, enforce it against the promoters. he served the promoters only as a member ..... pursuant to a contract of employment and those received from persons other than the employer for the purpose of assessing the receipt ..... of the firm with whom only there was a contract of employment. personally, he was not entitled to claim any salary' or wages. it is true that if the engagement resulted in .....

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Mar 25 1996 (TRI)

Nu-stores (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1996)59ITD150(Kol.)

..... and even after the sale agreement the assessee continued his possession as such and that the assessee did not do nay act in furtherance of the contract as is required in section 53a of the t. p.act. he has also contended that the assessee paid sum of rs. 25,000 under he agreement but has done ..... 'net wealth' the principle of beneficial ownership or for that matter the property being the subject-matter of part performance of the contract of the nature referred to section 53a of the t. p. act, the view of the ld. cwt (a) in treating the assessee as being in exclusive possession of the property not in ..... a prospective purchaser in pursuance of sale agreement, i.e., in part performance of a contract of the nature stipulated in section 53a of the t. p. act and in consequence being assessable in respect of the said property under the wt act cannot be upheld. in our opinion, in view of the legal position as discussed ..... time. he has therefore argued that in view of the above the assessee is not assessable under the wt act in respect of the said property. as ..... nothing in furtherance of the contract.he has also contended that a person cannot be both the landlord and the tenant of a property at the same .....

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Oct 08 2004 (TRI)

Smt. Jayasree Roychowdhury Vs. Asstt. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)92ITD400(Kol.)

..... the definition of "speculative transaction" given in section 43(5) of the act, all that has to be found out is whether the contract for the purchase or sale of any commodity including stocks and shares was periodically or ultimately settled by actual delivery, transfer or otherwise. if the ..... order that a transaction may fall within the scope of the expression "speculative transaction" as defined under section 43(5) of the act, it must be a transaction in which a contract for purchase or sale of any commodity or stocks and shares is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity or scrips. under ..... transfer of the commodity, it is to be regarded as speculative transaction within the meaning of section 43(5) of the act.9. to decide the issue in hand, it is, therefore, necessary to ascertain as to whether the contract was periodically or ultimately settled otherwise than by the actual delivery or transfer of the shares. the admitted facts as enumerated by ..... assessee in the form of paper book before us as per the provisions enumerated in section 43(5) of the act, a transaction can be regarded as a speculative transaction, if the following conditions are satisfied :- i) there must be a contract for the purchase or sale of shares or any other commodity; iii) settlement must be otherwise than by actual delivery .....

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