Court : Mumbai
Decided on : Oct-27-1966
Reported in : AIR1967Bom394; (1967)69BOMLR490; 1967MhLJ450
..... or interest in, his property or any part thereof; (ii) he is incompetent to enter any contract which may involve him in pecuniary liability; (iii) his property is not liable under section 68 of the indian contract act, 1872; (iv) no suit shall be brought in any civil court to charge any person upon any promise ..... made after he has ceased to be a government ward to pay any debt or discharge any liability under section 68 of the indian contract act; and (v) the government ward ..... cannot ratify any contract made during the period as government ward after he has ceased to be a ward, whether it is or is not for ..... being a government ward, whose property is under the superintendence of the court of wards. the right of dealing with this property or to make any contract involving a pecuniary liability is altogether taken away in respect of such a government ward. similarly, no suit can be filed relating to the person ..... consideration. the government ward is free to enter into a contract of marriage but again, not a contract, which will involve any pecuniary liability. under section 32 no government ward can make an adoption, unless a permission in writing is .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-22-1966
Reported in : AIR1967Bom521; (1967)69BOMLR273; [1968(16)FLR208]; (1967)ILLJ139Bom; 1967MhLJ579
..... 16) we may mention on this point that there is nothing in chapter x of the indian contract act to justify the submission that the right of audience cannot be delegated to an agent. under the contract act, an agency can be created for every lawful purpose and an agent having an authority to ..... do an act has authority to do every lawful thing which is necessary in order to do such an act. it is therefore open to a person ..... a legal practitioner. he, however, frequently represents the indian hume pipe company before the tribunals constituted under the act, in pursuance of what is clearly a long and uniform practice. he holds a contract with the company under which he receives a monthly payment of rs, 1,000/- in consideration of the ..... in duduwala and co. v. industrial tribunal, , a division bench of the high court of rajasthan has held that the industrial disputes act, being a special act providing for special contingencies, must be treated as a complete code when it provides for representation of employees and employees before industrial courts or ..... limited and its workmen has been referred by state government to the industrial tribunal under section 19(1)(d) of the industrial disputes act, 1947, hereinafter called 'the act'. one mr. k. s. mehta sought to represent the company in the proceedings before the tribunal but the workmen objected to his .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-09-1966
Reported in : AIR1968Bom156; (1967)69BOMLR186; ILR1967Bom1211; 1967MhLJ400
..... board to confer on students the right to appear for the examination, if that right has been already surrendered to the heads of schools under the implied terms of the contract of education.(33) notice must be taken in this connection of another argument advanced by the learned advocate general. he argued that the heads of schools represented by the petitioners ..... portion appears under the heading 'common law right and duties' and the sub-heading 'the contract to educate' (halsbury, third edition, volume 13, page 590, paragraphs 1241 and 1242):-'1241. parents and school proprietors:- in schools which are not maintained by local education authorities the relations ..... affidavit in reply was filed by the respondents.(25) according to the petitioners, the right claimed by them arises from the implied terms which the common law attaches to the contract to educate. these implied terms are the basis of the internal autonomy of educational institutions. in halbury's laws of england, in the volume dealing with education, the following ..... the right granted by section 18(f) to the board. the right of the board to prescribe conditions of eligibility arises from the act, whereas the right of the head masters arises from the implied terms of the contract of education. the board prescribes conditions of eligibility of all students wishing to appear for the examination, whereas the head masters make a .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-21-1966
Reported in : AIR1968Bom347; (1968)70BOMLR20
..... 14. in the case of pre-recognition bye-laws, however, the legislative sanction would be under the other laws of the land, e.g., the contract act. that would be so because all the transactions on the stock exchange would be entered into with a term that the same are subject to the bye ..... not considerable. the rest of the petition and the arguments thereon were only on point of law mainly confined to the provisions of the securities contracts (regulation) act and the rules. bye-laws and regulation of the stock exchange, bombay, i therefore do not think that there is any reason to make ..... 4. it is therefore clear that the recognition became effective from 31st august 1957.(32) now the relevant portions of s. 9 of the securities contracts (regulation) act are as follows:'section 9(1) any recognised stock exchange may, subject to the previous approval of the central government, make bye-laws for the ..... .(28) the third contention of mr. sanghvi was that, in view of the provisions of sub-section (4) of s. 9 of the securities contracts (regulation) act, 1956, the bye-laws of the stock exchange, bombay, would have been valid only if they had been published in the gazette of india and ..... the central government in 1957 and hence the bye-laws had not become effective having regard to the provisions of s. 9 of the securities contracts (regulation) act of 1956.(5) these two contentions, although not taken by the respondent in the affidavits filed on their behalf, were foreshadowed when this petition .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-11-1966
Reported in : 66ITR561(Bom); 20STC199(Bom)
..... and to receive notice or documents and to take all other steps on behalf of the assessee, and without such further authorisation a contract of employment cannot be considered adequate to permit representation of the assessee by such other person. we do not think that there ..... the petitioners in either case to attend must contain all the conditions and terms in the prescribed form and must form part of the contract of engagement between the assessee and the petitioner if the petitioner has agreed only to attend, i.e., to appear and plead. ..... given in circumstances it may not be so included. in other words, it is entirely a matter of contract between the assessee and the person should include an authority to act on behalf of such assessee. this position also does not now seem to be seriously disputed. 13. ..... the matter of that, any officer of the department to insist that no other term of the contract of engagement shall form part of the document which evidences the contract. we therefore do not see how objection could be raised by any authority to inclusion of other ..... .......... /a personregularly employed by......... /a legal practitioner/a charteredaccountant/a sales tax practitioner duly qualified under section 71 ofthe bombay sales tax act, 1959, and that i accept the aforesaidappointment.place.............dated............. signature.............----------------------------------------------------------------------- state here the name of the dealer as entered in the certificate of .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-03-1966
Reported in : [1968(16)FLR398]; (1968)ILLJ211Bom
..... or under a statute or the standing orders under the industrial act. having regard to the fact that the payment of wages authority can make an order for payment ..... that the definition of the word 'wages,' as it was originally framed, referred to the terms of contract of employment, express or implied. by the change in 1957 by the amending act, the definition is widened to 'terms of employment, express or implied.' the terms of employment would ..... . section 16 of the central provinces and berar industrial disputes settlement act, 1947, specially relates to orders of dismissal of workmen. the employee is given liberty to apply to the labour commissioner for reinstatement. ..... ante by its order and in case of dismissal, order reinstatement. chapter vii of the central provinces and berar industrial disputes settlement act, 1947, prescribes certain penalties for continuing such illegal changes, lookouts or strikes which do not involve again bringing about the original status ..... include terms implied by law. it is clear, therefore, that the payment of wages authority is not confined only to the contractual terms of employment. by the improved definition, it may also refer to the terms of employment, either under a contract .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-06-1966
Reported in : AIR1968Bom187; (1967)69BOMLR407; ILR1967Bom484; (1967)ILLJ610Bom; 1967MhLJ758
..... by accident. (11) on the other hand, mr. metha, for the respondent, contended that it is not enough to show that the workman contracted a disease merely on account of severity of the climate. it must further be established that there was something in the nature or conditions of employment ..... diseases. compensation is provided for in sub-sections (2), (2a) and (3) in respect of occupational diseases by postulating a fiction viz., that the contracting of such diseases shall be deemed to be an injury by accident. sub-section (4) relates to diseases other than occupational diseases and it provides that a ..... that this was a case of 'injury by accident' within the meaning of the workmen's compensation act, 1897. ordinarily, injury by accident has reference to a physiological injury. when, however, a disease is contracted as a result of the passage of virus, it sets up physiological conditions which can be described in ..... what are known as occupational diseases peculiar to the employment. schedule iii, parts a and b to the act list these occupational diseases. the operative part of sub-section (2) says that the contracting of the disease shall be deemed to be an injury by accident within the meaning of section 3 of ..... the act. the expression 'shall be deemed to be an injury by accident' clearly suggests that in itself the contracting of a disease known as occupational disease is not an injury by accident. by fiction of .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-27-1966
Reported in : (1966)IILLJ814Bom; 1967MhLJ192
..... purely a contractual appointment and the civil service regulations, which have been made applicable to him as far as possible, also form part of his contract of employment, for a breach of which the petitioner, in my view, cannot approach this court by way of writ petition. 10. the petitioner ..... confers a power upon the syndicate to define their duties and conditions of their service and it is in exercise of such power that the contracts of employment are entered into by the university with the officers, teachers and servants so appointed, but all the same, the officers, teachers and ..... order is liable to be quashed or set aside. the entire grievance of the petitioner could be summed up as constituting a breach of the contract and the several terms thereof on the part of the respondent-university and the relationship between the respondent-university and the petitioner being purely that ..... the committee, the civil service regulations be applied as far as possible to the members of the university staff other than those who serve under special contracts or whose terms of appointment are regulated by 'statutes'.' 7. the question is what is the effect of this resolution whereby the bombay services ( ..... virtue of the power conferred upon the syndicate under s. 25(xx) of the act-which power was delegated to the rector of the respondent-university by the syndicate under s. 25(xxvii) of the act - the contract of employment to the post of research assistant with the petitioner was entered into by .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-09-1966
Reported in : AIR1968Bom35; (1967)69BOMLR250; ILR1967Bom925; 1967MhLJ106
..... certain time and no demand was made as required in cases where the debt is payable otherwise than at certain time. the interest act, therefore, would not be attached. again there is no agreement for payment of interest, the contract being silent. no substantive provision of law is pointed out under which it can be allowed. it would appear that the plaintiff ..... 1902 1 ch 901. (11) mr. bobde contends that at least regarding the advance price of 987 tons of ore where the breach of the contract was committed by the defendant under section 61 of the sale of goods act, he is entitled to interest. according to him, the case falls fairly and squarely within section 61 of the sale of goods ..... act which by sub-section (2) (b) enables the court to award interest to the buyer in a suit by him for refund of the price in a case of the breach of contract on the part of the seller from the date on which the payment was ..... taken for practical purposes to be the same as the limitation act, 1663, and lord selversen observed: 'although the limitation act does not in term apply to arbitrations, they (their lordship of the judicial committee) think that in mercantile references of the kind in question it is an implied term of the contract that the arbitrator must decide the dispute according to the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-21-1966
Reported in : (1967)IILLJ460Bom
..... fifteen days which is contravention of s. 9(2). besides this, the applicant cannot be made to suffer under an alleged agreement. section 23 of the payment of wages act prevents contracting out of rights of employees. if the agreement is advantageous or beneficial to the employee, then this section does not come in operation. since employees are in a position thereby ..... the agreement to give three months' notice will not prevail in view of s. 23 if the payment of wages act, inasmuch as the applicant cannot be allowed to contract out of the provisions of the act. section 26 of payment of wages act, empowers of the government to frame rules in respect of matters mentioned therein only. the rule-making authority has power ..... they can be dominated by the employer, this section lays down that 'any contract or agreement, whereby an employed person relinquishes any right conferred by this act, shall be null and void.' [union of india v. kundanlal a.i.r. 1959 all. 363 9. applying the observations of the aforesaid ruling ..... the bombay payment of wages rules, 1937, provide for a deduction by the employer for a breach of contract by the employee. this is the only place in the act where a specific provision has been made for a deduction for breach of contract. it is very pertinent to note that these provisions do not permit any deduction in individual cases, and even .....Tag this Judgment!