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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: madhya pradesh Year: 1966 Page 1 of about 21 results (0.159 seconds)

Dec 23 1966 (HC)

Perfect Pottery Co. Ltd. Vs. Commissioner of Sales Tax

Court : Madhya Pradesh

Decided on : Dec-23-1966

Reported in : AIR1967MP234; [1967]19STC234(MP)

..... lax must in the result be levied in accordance with the substantive provisions of section 4 and the 'contract' referred to in the proviso can have reference only to the contract as defined in the indian contract act. we are not called upon to (five an answer on the merits of this argument. we have ..... the central provinces and berar sales tax act, 1947? (2) under the facts and circumstances of the case, are ..... referred the following two questions for our decision:'(1) is that word 'contract' occurring in the proviso in sub-section (1) of section 4 of the central provinces and berar sales tax act, 1947, to be interpreted according to the indian contract act or is it to be interpreted according to section 2(b) of ..... questions were not in execution of the contracts as defined in section 2(b) of the act. the contention of the assessee, however, it that the word 'contract' used in the proviso to section 4(1) must be given general meaning as understood under the indian contract act. this contention was repelled by the tribunal ..... observed:'. . . the expression 'sale of goods' in entry 48 has the same meaning which it has in the sale of goods act, 1930, that in a building contract there is no sale of materials as such, and that it is therefore ultra vires the powers of the provincial legislature to impose tax .....

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Oct 31 1966 (HC)

Princess Ushadevi Malhotra and ors. Vs. Bhagwandas Tiwari and anr.

Court : Madhya Pradesh

Decided on : Oct-31-1966

Reported in : AIR1967MP250

..... up and sued him.21. thus the two features on account of which the trial court has discharged the surety do not attract either section 135 or 139 of the contract act accordingly they do not have the effect of discharging the surety. the result is that the appeal is allowed and the decree made by the trial court is modified by ..... of fee instant case in fee light of reported case law.we have section 135 of the contract act setting out the circumstances in which a contract between fee creditor and fee principal debtor discharges the surety unless the last is privy to that contract. such a contract might provide for one of three things, namely, a composition with the principal debtor or a promise ..... composition coming under section 135 or the acceptance of additional security which by implication discharging the original surety, or amount to acts calculated to prejudice the interests of the surety in the manner set out in section 139 of the contract act.2. the following facts of the case are practically common ground and though there are one or two obscurities in matters ..... the principal debtor for the time being to allow him opportunity to raise money to discharge the debt, it is only an act of forbearance within the meaning of section 137 and not an instance of giving lime under a contract within the meaning of section 135 and does not discharge the surety' (underlining (here in ' ') mine).14. thus tbe mere fact .....

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Apr 18 1966 (HC)

Century Spinning and Manufacturing Co. Ltd. Vs. Motilal Dhariwal S/O D ...

Court : Madhya Pradesh

Decided on : Apr-18-1966

Reported in : AIR1966MP313

..... the agreement made between the parties on 26-9-1957. forbearance to sue is a good consideration according to the definition of that term in clause 2(d) of the contract act.23. shri sen vehemently contended that the arbitration clause in agreement is different from the other clauses which define and regulate the rights and liabilities of the parties. he based ..... contract agree to substitute a new contract for them or to rescind or to alter it the original contract need not be performed. section 63: every promisee may dispense with or remit whole or any ..... the present case there was merely an accord but no satisfaction with regard to the earlier contracts and consequently it should be held that those contracts were not abrogated.19. for considering this argument, it would be necessary to refer to the provisions of sections 62 and 63 of the contract act. these provisions are as follows:'section 62: if the parties to a ..... by the parties in support of their respective claims and the said order finally directed that if the court found that the original contracts have not been discharged, the suit shall be stayed under section 34 of the act, otherwise the suit shall be allowed to proceed. the order passed by the division bench is reported in mathura prasad v. permanand, 1960 .....

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Dec 20 1966 (HC)

Dadabhoy's New Chirimiri Ponri Hill Colliery Co. Private Ltd. Vs. Stat ...

Court : Madhya Pradesh

Decided on : Dec-20-1966

Reported in : AIR1967MP184

..... the payment of royalty was solely for the benefit of the lessor, namely the state, and the state was entitled to waive it under section 68 of the contract act in the manner it did by reducing the rate of royally to 6 per cent of f. o. r. price per ton and, having done so, ..... order dated 23rd september 1968 the contractual liability of the petitioner for payment of royalty could, under section 62 of the contract act, only be at the rate of 6 per cent of f. o. r. price per ton, subject, of course, to the condition of payment of the ..... of the company paying a minimum sum of rs. 2,47,000/- per annum as royalty; there was thus an alteration of the terms of the lease contract, the consideration being the obligation taken by the petitioner for payment of minimum sum of rs. 2,47,000/- per annum as royalty and thus under the ..... o. r. price per ton.24. shri chitale, learned counsel for the state, did not dispute the proposition that if the parties to a contract agree to alter it, the original contract need not be performed and that a promisee can dispense with or remit, wholly or in part, the performance of the promise made to him ..... the executive power of the union extends to the matters with respect to which parliament has power to make laws; the mines and minerals (regulation and development) act, 1967, wasenacted by parliament exercising its legislative powers under entry no. 64 of list i of the seventh schedule to the constitution which gives to parliament the .....

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Oct 28 1966 (HC)

Sudershan Transport Services (Private) Ltd. Vs. State Transport Appell ...

Court : Madhya Pradesh

Decided on : Oct-28-1966

Reported in : AIR1967MP162

..... permit if the holder of the same allows it to be used in any manner not authorised by his permit. if the holder of a contract carriage permit acts in the manner suggested by the petitioner, that would be using the vehicle in a manner not authorised and the provisions of section 60 ( ..... different needs. only because the petitioner holds stage carriage permits on bilaspur-chakrabhata route, that cannot he made a ground for excluding the operation of a contract carriage on that route. the objection as to the piercing of the ceiling was not reiterated before us. 3. it was then urged that, ..... in question. in fact, it is not necessary to incorporate the condition. that condition is implicit in the grant of contract carriage permit. under section 2 (3) of the motor vehicles act, 'contract carriage' is defined to mean a motor vehicle which carries a passenger or passengers for hire or reward under a ..... separate fares the definition clearly indicates that a contract carriage cannot take any passengers for different destinations at one and the same time under separate contracts; nor can the passengers be picked up in the route. section 60 (1) (b) of the motor vehicles act authorises the regional transport authority to cancel or ..... contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed .....

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Nov 03 1966 (HC)

V.P. Gidroniya Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Nov-03-1966

Reported in : AIR1967MP231; (1968)ILLJ664MP

..... when this relationship is suspended for the time being as a result of the government servant's suspension, the obligation imposed on both sides under the contract of employment or the relevant rules are suspended. it follows, therefore, that during the period of suspension of a temporary government servant, who is ..... the exercise of the powers under the terms of the contract of employment or the relevant rule as the departmental enquiry directed by the government against the petitioner was pending on 6th june, 1964, and ..... servant nor the appointing authority can put an end to the services of the government servant by passing an order in terms of the contract of employment or the relevant rule the departmental enquiry has to be stopped first before the services of a temporary servant can be terminated in ..... said that when the petitioner was suspended by the government's order, dated the 7th may, 1964, pending the departmental enquiry against him the whole contract of employment was suspended: and, therefore, the petitioner could not during the period of suspension, exercise the right given to him by rule 12 of ..... either discharge him purporting to exercise its powers under the terms of the contract of employment or the relevant rule. in such a case. article 311 of the constitution does not apply. the appointing authority can also act under its powers to dismiss or remove a temporary servant by way of .....

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Oct 13 1966 (HC)

Devkumarsinghji Kasturchandji Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Oct-13-1966

Reported in : AIR1967MP268

..... of the land or the building, or portion thereof. 4. notwithstanding anything contained in any enactment for the time being in force or any contract or agreement to the contrary, no owner of building or land shall be entitled to settle or increase the rent payable by any tenant so ..... the owner of a land or building from passing on to the tenant the burden of the tax imposed by the act. violates the freedom of contract guaranteed by article 19 of the constitution, it cannot be considered so long as the protection of article 19 against any ..... , or any patent, manifest, direct, disguised. covert or indirect transgression of the limits of legislative authority of the state legislature. the objection that the act is a piece of colourable legislation must, therefore, fail.9. on the question whether the state legislature having, under section 132(1) and section 135 ..... of tax. has also been challenged by contending that it interferes with the freedom of contract in violation of article 19 of the constitution. the petitioners also say that the property-tax imposed by the act is confiscatory in nature and repugnant to article 19 of the constitution and that the burden ..... as to include in it any proportion of the tax payable under this section.' the other provisions of the act concerning revision of annual letting value, exemptions, preparation of provisional assessment list, objection to the list, finalisation of the assessment list escaped assessment, realisation .....

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May 03 1966 (HC)

Amalgamated Coalfields Ltd. and ors. Vs. State of Madhya Pradesh and a ...

Court : Madhya Pradesh

Decided on : May-03-1966

Reported in : AIR1967MP56

..... ineffective and invalid. the principle is now firmly settled and does not admit of any doubt that the power of validation by subsequent legislation of any defective law or act or any act, is subsidiary or ancillary to the power to deal with the particular subjects specified in lists i, ii and iii of the seventh schedule to the constitution; ..... proceedings taken under the said act and in force immediately before the commencement of this act shall continue to be in force and in so far as they are not inconsistent with this ..... central provinces and berar local self-government act, 1920, shall be repealed: provided that- ** ** ** (b) all rules and byelaws and orders made, notifications and notices issued, licences and permits granted, taxes imposed or assessed, cesses (other than additional cesses imposed in accordance with section 49 of the said act), fees, tolls or rates levied, contracts entered into and suits instituted and ..... act, they shall be deemed to have been respectively made, issued, granted, imposed or assessed, levied, entered into, .....

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Sep 24 1966 (HC)

Purshottam Vs. Ramcharanlal and ors.

Court : Madhya Pradesh

Decided on : Sep-24-1966

Reported in : AIR1967MP237

..... consequences of the decree for redemption; there is no occasion or cause which subsists to attract the provisions of the madhya pradesh accommodation control act.8. this court also in the following cases have held that the contract of tenancy entered into by a mortgagee does not subsist after redemption of the mortgage and the tenant claiming possession thereunder cannot dispute fee ..... ,purshottam does not continue to be a tenantof the mortgagor, nor does fee mortgagor remain his landlord, and therefore, tenancy notbeing subsisting after redemption, the appellantcannot seek protection of the act. 7. in our opinion, the contention of the appellant is untenable; (a) firstly, since under the terms of the mortgage-deeds (exhibits d-1 to d-4), the mortgagor was ..... between the mortgagor and the persons inducted over the mortgaged property by the mortgagee, neither the mortgagor would become in law the landlord of such persons nor would such persons be his tenants within the meaning of either the transfer of property act or the madhya pradesh accommodation control ..... (a) of the transfer of property act and were held to come to an end with the redemption. see mahabir gope v. harbans narain singh, air 1952 sc 205 (206); hariharprasad singh v. devnarayan prasad, air 1956 sc 305 and asaram v. mt. ramkal, air 1958 sc 183. (b) secondly, there being no privity of contract or estate arising after the redemption .....

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Nov 10 1966 (HC)

Ardeshar Sorabji and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Nov-10-1966

Reported in : AIR1968MP13

..... discretion be exercised so as to enable a party having got some advantage under the agreement of arbitration to wriggle out and have things in his own way. all these contracts were given on tht express condition contained in clause 25. certainly, the superintending engineer whether or not associated with the work concerned would be a servant of government against ..... itself be evidence of willingness. 12-b. concerning the readiness to go to arbitration at the commencement of the proceedings certain situations are conceivable where a party has been acting in bad faith and by that very reason disentitling itself from the discretionary assistance under section 34. for this the plaintiff will have to show that having sounded the defendant ..... a commendable practice--for the law officers to advise departments not to pick up avoidable arguments with private parties. the reason is obvious. while private litigants can at least act with one mind and with unanimity. government departments by their very nature have a varying personnel and any inadvertent statement or equivocal language may be understood in different senses by ..... superintending engineer concerned was in the view of the plaintiff unacceptable as arbitrator. the defendant having insisted upon arbitration and having asked for stay under section 34 of the arbitration act the court had to make thp order now assailed. 5. in krishnamurthy's case (appeal no. 18) the position was as follows: differences having arisen sometime in 1960 and .....

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