Court : Punjab and Haryana
Decided on : Apr-22-1966
Reported in : 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 .....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 : Karnataka
Decided on : Aug-10-1966
Reported in : AIR1968Kant61; AIR1968Mys61; ILR1967KAR64
..... this court. in : 3scr547 , raghubar dayal jai prakash v. union of india, the constitutional validity of the operative provisions of the forward contracts (regulation) act, 1952, had been challenged. an attack was made on the validity of vesting power in the central government to fix prices without specifying the basis ..... nature of things it is not possible for the legislature to determine beforehand the price at which a commodity may be sold or at which contracts in relation thereto might be entered into. the price must be dependent upon factors varying from time to time and cannot, therefore, be ..... . the legislature is the appropriate authority to consider whether such regulation by law is necessary. it is seen from the preamble portion of the act that the legislature has found it expedient, (amongst other things), to control rate of hotels and lodging houses. the provisions in part vi ..... state government has the power to authorise by notification, any officer to perform the functions of the competent authority under part vi of the act. a definition of this type renders it unnecessary for provision being independently made for the appointment of the competent authority. after all, it is ..... and boarding of 38 persons. in these three writ petitions, the petitioners pray for a declaration that the provisions of part vi of the act are void as offending the provisions of the constitution; they also pray for an order restraining the respondent-state and its officers (appointed under .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-1966
Reported in : AIR1967SC181; SuppSCR1
..... these facts that the sale by the selling agents to customers was a transaction in which the manufacturers were not interested and there was no privity of contract between the manufacturers and the ultimate purchasers. reference may be made, in this connection to the following passage from blackwood wright, 'principal and agent', ..... within one month, and some other contracts within two months. all the contracts provided that time should be the essence of the contract. if the defendants were acting only as agents for the sale there is no reason why there should be a stipulation in the contract as to the time fixed for the ..... the statement of account with the expenses of the cable. even so, if the defendants were simply acting as agents for the sale there was no need at all to fix the price in the contract as between them and the plaintiff. it was contended for the plaintiff that according to the ..... . there is also a further condition in the contracts ..... delivery and the stipulation that time should be the essence of the contract .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-13-1966
Reported in : AIR1967SC1322; 2SCR233
..... 17. there is no difference between the common law of england and the law with regard to pledge as codified in sections 172 to 176 of the contract act. under section 172 a pledge is a bailment of the goods as security for payment of a debt or performance of a promise. section 173 entitles a ..... said goods therefore remained in his custody and (2) that even if the goods were delivered to the appellant the appellant could under section 176 of the contract act still maintain his suit on the said promissory note and recover the amount due thereunder. 7. as the high court's judgment is one of reversal mr. ..... pledged upon tender of the amount advanced but that right would be lost if the pawnee has in the meantime lawfully sold the property pledged. a contract of pawn thus carries with it an implication that the security is available to satisfy the debt and under this implication the pawnee has the power of ..... simple lien and a mortgage which wholly passes the property in the thing conveyed. (see halliday v. holygate i.l.r.  ex. 299.. a contract to pawn a chattel even though money is advanced on the faith of it is not sufficient in itself to pass special property in the chattel to the pawnee ..... sales by him of part of the said goods. 5. the trial judge, however, rejected the respondent's case and held that there was no completed contract of pledge as the first respondent had failed to deliver the said goods, that the second respondent had agreed to become a surety for repayment of the .....Tag this Judgment!
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 .....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 : Kolkata
Decided on : Aug-08-1966
Reported in : AIR1968Cal146
..... void. see heyman v darwin ltd., (1942 1 all er 337 (343, anderson v. daniel, (1924 1 kb 138 (140 under section 10 of the indian contract act, read with section 23, an agreement, if calculated to defeat any provision of law is void16. in our opinion, therefore, the claim for 50% of commission ..... after the expiry of six months from the commencement of this act, pay or contract to pay any remuneration or reward whether by way of commission or otherwise for soliciting or procuring insurance business in india to any person except an ..... to the peculiar nature of the claim, successive awards may be valid where certain goods were deliverable in installments and each instalment constituted a separate contract, it was held that successive awards were possible. bal mukund v. gopi ram, (1920 24 cal wn 775=(air 1920 cal 565. in gould v. ..... 12 it 509. the principle has been mentioned in nickels v. hancock, (1855 7 de g. m. and g 300 (314 that where parties had contracted to be bound by the decision of the arbitrator on the whole and not in part, of the matters referred, it may so happen that regard being had ..... of all, i shall deal with the question of insurance agency. the first provision of law to be considered is section 40(1) of the insurance act (act iv of 1938. it is in the following terms:'40. prohibition of payment by way of commission or otherwise for procuring business.(1) no person shall, .....Tag this Judgment!
Court : Chennai
Decided on : Dec-05-1966
Reported in : AIR1968Mad94
..... concerned societies may be referred to in this connection. sec. 17(1) provides--'17(1) subject to the provisions of s. 18--(a) any individual competent to contract under s. 11 of the indian contract act, 1872, (b) any other registered society, (c) the government, and (d) any body of person whether incorporated or not and whether or not established by or under any ..... act, 1961 (act 53 of 1961) provides--'1. no person shall be eligible for being elected or appointed as a member of a committee if he......... (a)........... (b) (i) is in default to ..... society, it cannot be contended that a default by a society would not be a disqualification for being elected to another society.(3) a perusal of several sections of the act, the byelaws of the conjeevaram co-operative central bank and the uthukottai co-operative supervising union makes it clear that the disqualification is also attached to the registered co-operative ..... ' to the conjeevaram co-operative central bank. the rejection of the nomination of the petitioner is challenged as illegal and contrary to the provisions of the madras co-operative societies act, 1961, and the rules and by-laws of the conjeevaram co-operative supervising union and the kollanur co-operative credit society. sec. 28(1) of the madras co-operative societies .....Tag this Judgment!
Court : Delhi
Decided on : Dec-22-1966
Reported in : AIR1967Delhi88; 1967CriLJ1300
..... the goods but in the popular sense it signifies the transaction itself which results in the passing of the property. under section 4 of the indian contract act the communication of an acceptance is complete as against the proposer, when it is put in a course of transmission to him, so as to be ..... delhi.(8) thirdly the expression 'sale of goods' is a composite expression consisting of various ingredients of elements. there are the elements of a bargain or contract of sale, the payment of promise of payment of rice, the delivery of goods and the actual passing of title. each one of these ingredients is ..... where he was expected to utilise it for the specified purpose. there are various difficulties in upholding this view-(i) even under the sale of goods act the dispatch of goods may nto be decisive of the passing of property or of the sites of sale: and (ii) the offence in this ..... section 201, criminal procedure code, and suggested that if a magistrate finds that he is nto competent to take cognizance of the case he can, in that event, act only under that provision, which can be invoked before issuing process to the accused, but since the accused has been summoned in this case, order could ..... sale had contravened the said condition of the import license granted to him which is an offence punishable under section 5 of the imports and exports (control) act, 1947 read with clauses 5(iv)of the imports (control) order, 1955' (4) aggrieved by the order of the trial magistrate, the state preferred .....Tag this Judgment!