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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: punjab and haryana Year: 1966 Page 1 of about 45 results (0.039 seconds)

Aug 04 1966 (HC)

Dharam Vir Vs. Jagan Nath and ors.

Court : Punjab and Haryana

Decided on : Aug-04-1966

Reported in : AIR1968P& H84

..... question arising in this case. that decision gives effect to the principle laid down in section 42 onwards of the indian contract act, 1872. these sections vary the rules of english common law as to the devolution of the benefit of and liability in respect of joint ..... taking accounts effect can be given to the document qua other partners. that, as i have already said, will require re-writing of the entire contract and compelling the major partners to do something contrary to the express terms thereof. the court will then have to say that each major partner' ..... dismissed. the additional senior subordinate judge, delhi, by his judgment dated 13th february, 1957, allowed the appeal filed by dharam vir and decided that the contract of partnership could not be treated as void in so far as the parties other than the minor were concerned. the suit was, therefore, remanded to ..... parties? 2. whether the plaintiff is estopped from bringing the present suit? 3 whether the suit does not disclose any cause of action4 whether the partnership contract has already been held to be void and unenforceable? if so, with what effect?' 3. issue no. 4 was decided against the plaintiff and the ..... before the court trying that suit a preliminary objection was raised by the contesting defendants that since a minor could not enter into any contract of partnership the contract was void and unenforceable this objection prevailed with the trial court which rejected the plaint by its order dated 25th january 1952 an appeal .....

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Aug 25 1966 (HC)

Kishore Chand Vs. Dharam Pal

Court : Punjab and Haryana

Decided on : Aug-25-1966

Reported in : AIR1968P& H385

..... nil learned counsel.5. the decisions cited by the learned counsel for the respondent are more exactly in point. the first case is sheogholam v. buddree nath, (1872) 4 nwp 36, in which the learned judges held that 'by the terms of the lease, t is not limited to a year; on the contrary, ..... respondent instituted a suit for ejectment of the appellant on the ground, among others, of having served notice under section 106 of the transfer of property act, 1882 (act 4 of 1882), terminating the tenancy. one of the defences of the appellant was that the tenancy is to continue till he continues to pay the ..... lease 'for any term exceeding one year' within the meaning and scope of clause (d) of sub-section (1) of section 17 of the indian registration act, 1908 (act 16 of 1908)?2. the appellant took on lease the demised premises at a rental of rs. 10 per men-sam, executing the rent-note, which, therefore ..... as the tenant occupied the shop the landlord was not to eject him except in case of refusal to pay rent. on those conditions the learned acting chief justice held that the lease was a totally fresh lease not being limited to one year, and was inadmissible in evidence for want of registration. ..... stipulated rent, such ft lease must be registered under section 17. and, not being registered, cannot be received in evidence under section 49 of the registration act of 1866.' the next case is martha pool v. secretary of state for india in council, 68 punj re 1886, in which after, reviewing the authorities .....

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Jan 14 1966 (HC)

Associated Hotels of India Ltd. Vs. Excise and Taxation Officer and an ...

Court : Punjab and Haryana

Decided on : Jan-14-1966

Reported in : AIR1966P& H449; [1966]17STC555(P& H)

..... entered into subject to any conditions. he has also referred me to section 63 of the contract act and has argued that read with sections 13 and 23 of the sale of goods act the law does envisage a contract providing for conditional apportionment and appropriation. reference has also been made in this connection to section ..... qualified transfer of food for limited purposes as hereinbefore indicated is to be transferred into a sale within the intendment of the act. the act contemplates a seller and a buyer and a contract under which the seller shall part with dominion and control over the article sold either at once or in the future, ..... made available for the residence of the client.(iii) it is not open to the taxing authorities under the punjab act after its amendment by act 18 of 1960 to split up the composite contract so as to make out an agreement of sale where in fact none exists. the transaction as a whole ..... was liable to be included in the taxable turnover of the assessees under section 2 (1) of the madras general sales tax act, 1939. the high court held that where the contract was one, entire and indivisible it was not within the competence of the state legislature to impose a tax on the supply ..... implicit that the transaction has all the elements which constitute a sale within the meaning of sale of goods act. under section 4(1) of the indian sale of goods act, 3 of 1930, a contract is that of sale whereby the seller transfers or agrees to transfer the property in certain goods to .....

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May 12 1966 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Smt. Gurdev Kaur and ...

Court : Punjab and Haryana

Decided on : May-12-1966

Reported in : AIR1967P& H486; [1967]37CompCas577(P& H)

..... -section (2) of section 96, its appeal must fail, and (b) that in clause (ii) of the proviso to sub-section (1) of section 95 of the act, in the present case, there was ' a contract of employment ' either, (1) of the truck or the motor vehicle as a public carrier, or (ii) of banarsi das, as a carrier, in the capacity ..... be further discussed here. but the meaning of the other head is that on which the dispute here has turned.i cannot accept the respondents' contention that 'contract of employment ' should be construed in the act as subject to the implied limitation ' with the person insured by the policy'. such a departure from the clear language used cannot, i think, be justified ..... . i think the act is dealing with persons who are on the insured vehicle for sufficient practical or business reasons, and has taken a contract of employment in pursuance of which they are on the vehicle as an adequate criterion of such reasons. but there ..... as a passenger.'10. the decision in this case settled that the expression 'contract of employment ' in clause (ii) of the proviso to sub-section (1) of section 95 of act 4 of 1939 refers not only to a contract of employment with the insured but also to a contract of employment of a person who is on the insured vehicle for sufficient or .....

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Apr 22 1966 (HC)

Gulab Rai Purshotam Das Kohali and anr. Vs. the Chief Commissioner, De ...

Court : Punjab and Haryana

Decided on : Apr-22-1966

Reported in : [1966]18STC320(P& H)

..... sales, allegedly involved in the execution of building contracts. notwithstanding their contention, the petitioners on 1st december, 1953, were assessed to sales tax and the amount levied was rs. 3,547-9-0 ..... person appointed under section 3'. section 3(1), which is the relevant part of the section reads-(1) for carrying out the purposes of this act, the chief commissioner may appoint a person to be commissioner of sales tax, together with such other persons to assist him as the chief commissioner thinks ..... 2. the petitioners are building contractors carrying on business in delhi. they did not get themselves registered as dealers under the bengal finance (sales tax) act, 1941, as extended to delhi, as their contention all along had been that they were not liable to pay sales tax on any of the ..... chief commissioner upheld the contention of the petitioners and decided that they were not dealers within the meaning of the said act and, therefore, not liable to pay sales tax on their building contract activities. the revenue applied to the chief commissioner under section 20(4) of the bengal finance (sales tax ..... ) act, 1941, for review of the decision dated 22nd november, 1956, and by his order dated 7th october, 1957, the chief .....

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May 18 1966 (HC)

John Lee Vs. Chief Commissioner and ors.

Court : Punjab and Haryana

Decided on : May-18-1966

Reported in : (1967)IILLJ673P& H

..... were given to the workers on the understanding that they would be cooperating with the management; shall not continue the strike or pray for higher contract price for executing the job. as admitted by the workers in the said agreement they were not deemed to be employees or workmen within the ..... taken into consideration. it was also pleaded that the said agreement showed that the workers were not workmen within the purview of the industrial disputes act and yet without looking at the agreement the tribunal gave its award. i also find that apart from denying para. 6 of the statement ..... respondents that the burden was on them to show that the persons paid on piece-rated basis were workmen within the purview of the industrial disputes act. the reference to various orders already mentioned above shows that the tribunal was all along maintaining a clear distinction between fixing a case for ' ..... the terms of reference were as follows;(1)(a) whether persons paid on piece-rated basis are ' workmen' within the purview of the industrial disputes act, 1947 ?(b) whether they are entitled to be paid weekly-offs from the date the same was discontinued and for provision of service cards as per ..... agreement to pay to the workers then engaged in executing their part of the contract with some of the establishments is not denied. the agreement was executed after the, coming into force of the delhi shops and establishments act. it was wrongly represented on behalf of the union that the said workers were .....

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May 27 1966 (HC)

Goodlass Nerolac Paints (Private), Ltd. Vs. Chief Commissioner and ors ...

Court : Punjab and Haryana

Decided on : May-27-1966

Reported in : (1967)ILLJ545P& H

..... establishment under the industrial employment (standing orders) act, 20 of 1946, nor has any contract between the employer and the contesting respondent containing any particular terms or conditions of service been proved. the conditions of service of the contesting respondent relating to ..... inflicted by way of disciplinary action, but does not include-(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(c) termination of the service of a workman on the ground of continued ill ..... by the learned additional solicitor-general that whenever the employer purports to terminate the services of his employee by virtue of the power conferred on him by the terms of contract, industrial tribunals cannot question its validity, propriety or legality.it is admitted in this case that no model standing orders had been issued in respect of the employer's ..... the termination of his employment are, therefore, covered by section 30(1) of the delhi act which has already been quoted above. on the record of this case .....

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Apr 29 1966 (HC)

S.B. Gurbaksh Singh Vs. Sales Tax Officer and anr.

Court : Punjab and Haryana

Decided on : Apr-29-1966

Reported in : [1966]18STC500(P& H)

..... in favour of the executive. the executive has been given a free hand to fix any part of the amount received on account of any building contract to represent the price of goods. perusal of rule 28 would also sho that the basis adopted by the executive may result in taxation of something ..... the legislature has completely effaced itself and left it absolutely to the discretion of the executive to include any portion of the money consideration, received for the contract as it may consider fit, in the sale price. he further points out that rule 28, as framed, has in fact fixed the sale price ..... s.t.c. 329 the mysore high court decided that the levy of sales tax on moneys realised for execution of works contracts in accordance with the provisions of the mysore sales tax act and the rules framed thereunder was violative of article 14 of the constitution.7. in the course of the arguments the ..... i) of clause (h) of section 2, a dealer may deduct from the amount payable to him as sale price for the carrying out of any contract:-(1) in the case where the registered dealer produces to the satisfaction of the appropriate assessing authority evidence showing the cost of materials and the cost of ..... explanation (i) to section 2(t) of the said act was in the following terms :-the amount for which goods are sold or supplied shall, in relation to a contract, be deemed to be the amount payable to the dealer for carrying out such contract less such portion as may be prescribed of said amount representing .....

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Feb 17 1966 (HC)

Ram Gopal Mola Ram and ors. Vs. Commissioner of Income-tax and anr.

Court : Punjab and Haryana

Decided on : Feb-17-1966

Reported in : AIR1966P& H540; [1967]64ITR419(P& H)

..... right enforceable in a court of law, because the covenants entered into by the covenanting states, determining the devolution of assets and liabilities, were in the nature of contract between the high contracting parties, and, therefore, not enforceable in a court of law. so far as the united state of rajasthan is concerned, i think, they had clearly expressed themselves ..... all rights, liabilities and obligations of the government of any indian state corresponding to a state specified in part b of the first schedule, 'whether arising out of any contract or otherwise', became the rights, liabilities and obligations of the government of india, if the purposes for which such rights were acquired or liabilities or obligations incurred before the ..... assessees and the erstwhile states, granting certain exemptions to the assessees, were enforceable after the finance act, 1950, came into force, either as contracts or as special laws, and the supreme court decided that irrespective of the nature of those contracts, they stood repealed by the finance act, 1950. in dalmia dadri case, air 1958 sc 816, it was decided that the ..... such law to an officer, authority, tribunal or court shall be construed as a reference to the corresponding officer, authority, tribunal or court appointed or constituted under the said act, and if any question arises as to who such corresponding officer, authority, tribunal or court is, the decision of the central government thereon shall be final:provided further that .....

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Dec 05 1966 (HC)

Jaswant Singh Vs. the Excise and Taxation Officer (Assessing Authority ...

Court : Punjab and Haryana

Decided on : Dec-05-1966

Reported in : [1967]19STC297(P& H)

..... that the transactions of despatches of sugar by the assessees pursuant to the directions of the controller were not the result of any contract of sale and the manufacturers acting under the control order were left with no volition. the manufacturer could not decline to carry out the order; if he ..... then he has to approach the manufacturer for the supply of those bricks. it can, therefore, be said that there is complete freedom of contract except that the consumer has to obtain a permit from the appropriate authorities and that it is not these authorities which send direct orders or ..... of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods involved in the execution of a contract, but does not include a mortgage, hypothecation, charge or pledge.4. in new india sugar mills ltd. v. commissioner of sales tax, bihar ..... 1207 at page 1212 :according to section 4 of the sale of goods act to constitute a sale of goods, property in goods must be transferred from the seller to the buyer under a contract of sale. a contract of sale between the parties is therefore a pre-requisite to a sale. the ..... according to the definition clause in that act, 'sale' meant, with all its grammatical variations and cognate expressions, any transfer of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods involved in the execution of contract but did not include a mortgage, .....

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