Court : Supreme Court of India
Decided on : Oct-14-1966
Reported in : AIR1967SC816; 63ITR627(SC); 1SCR921
..... were the father of the assessee and the life insurance corporation and it was only under certain contingency on the happening of which the contract was to become the contract of the assessee. 4. section 15(1) of the act provides as follows : 'exemption in the case of life insurances. - (1) the tax shall not be payable in respect of any sums paid ..... the assessee out of his taxable income. on behalf of the respondent mr. desai contended that the assessee was not entitled to the rebate under s. 15(1) of the act on the premium paid. it was pointed out that the contract of insurance provided that the assessee was not entitled to the benefit of the policy till he adopted the ..... insurance on life. there is no definition of 'life insurance' in the act but there is such a definition given in s. 2(11) of the insurance act, 1938 (act 4 of 1938), which reads : ''life insurance business' means the business of effecting contracts of insurance upon human life, including any contract whereby the payment of money is assured on death (except death by accident ..... a manner as not to nullify that object. having examined all the clauses of the contract of insurance in this case, we are satisfied that it is in substance a contract of insurance on the life of the assessee and therefore rebate under s. 15(1) of the act is admissible on the premium payable as per annexure 'a' of the statement of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-1966
Reported in : AIR1967SC234; SuppSCR198; 18STC222(SC)
..... the purchasing dealer, if the goods are purchased either for resale by him, or for use in manufacture of goods for sale, or for use in the execution of contracts, the concessional rate of tax is available, provided the selling dealer obtains from the purchasing dealer the declaration in the prescribed form duly filled in and signed by the latter ..... that sub-section subject to the provisions of sub-section (4) of the said section :- (a) for resale, (b) for use in manufacture, (c) for use in the execution of contracts. the dealer's year for the purpose of accounts runs from....... day of............... to the............... day of................'. 12. rules 9 & 10 deal with cancellation of registration, and rules 11 & 12 ..... goods as being intended for resale by him or for use by him in the manufacture of goods for sale or for use by him in the execution of any contract; and in either case include the containers or other materials used for the packing of goods of the class or classes of goods so specified. explanation - . . . . . . . (4) the provisions ..... under your chalan no. ......... dated ....... are for **resale **use in manufacture of goods for sale/use in the execution of contracts/packing of goods for resale. and are covered by my/our registration certificate no. .......... dated..............issued under the central sales tax act, 1956. (name of the purchasing dealer in full). ........................ (signature and status of the person signing the declaration). *particulars of .....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 : Andhra Pradesh
Decided on : Nov-16-1966
Reported in : AIR1968AP156
..... all' sums to the provincial government including compensation for any loss or damage sustained by them in consequence of a breach of contract' discriminates the state from any other person in the matter of realising a debt, but the said act of discrimination can be justified on the basis of a reasonable classification, that the purpose of the classification is apparent and ..... sums due to the state government, including compensation for any loss or damage sustained by them in consequence of a breach of contract, may be recovered in the same manner as arrears of land revenue under the provisions of this act, unless the recovery thereof shall have been or may hereafter be otherwise specially provided for'.his lordship mr. justice subba rao ..... respondents is untenable.7. it is therefore to be seen in the first instance whether there is any contract between the petitioner and the respondents relating to the liability that is now attached by issuing a demand notice under the madras revenue recovery act. it may be relevant to notice document no. 9 in the typed material papers. it is a letter ..... article 289 of the constitution to bind the parties to the terms of the contract and therefore there can be no liability of the petitioner; (2) that when the liability, that is the sum due, is in dispute, the provisions of section 52 of the madras revenue recovery act can have no application; and (3) even if it is held that section .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-21-1966
Reported in : AIR1968AP41
..... not amount to a breach of any obligation. we are therefore inclined to hold that the basis of the suit is not one of breach of contract but one for rendition of accounts on the basis of an agreement between the parties.4. it is also not disputed by sri surya rao that ..... appellant, argued that the suit is one for damages for breach of a contract and that the same is barred under article 115 of the limitation act. we have no doubt that the suit is not based on any breach of the contract. it was a suit to recover the articles or their value on the ..... in substance one for compensation for breach of a contract not specially provided for and that article 115 of the limitation act governs the suit. he argued that the defendant repudiated the contract on 21-10-1953 itself and that there was accordingly a breach of the contract which was more than three years from the date ..... of the suit. we are unable to accept this argument because the suit is not based upon a breach of contract ..... allegation that the goods were originally entrusted to the defendant for a certain purpose, that in spite of demand, the defendant failed to comply with the same. such a suit is in our opinion governed by the specific article 49 of the indian limitation act .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-23-1966
Reported in : AIR1968Raj89
..... air 1937 nag 334 may be referred to. as was pointed out in raghavayya v. vasudevayya chetty, air 1944 mad 47 the relevant provision of the contract act which is directly applicable to such cases is contained in section 28. i may also refer to the full bench decision of the lahore high court in musaji ..... the parties that disputes between them would be tried at one place out of them so as to render the agreement void under section 23 of the contract act point no. 1.6. on behalf of the defendant a number of english decisions were cited from which it appears to be well established that if ..... is not hit by section 28. in dwarka rubber works v. chhotelal, air 1956 madh b 120 it was held that such a contract is hit by section 23 of the contract act. with all respect i am of the opinion that the case was not correctly decided.16. i accordingly hold that the presentsuit is ..... of the passage-ticket. garth c. j. delivering the judgment of the court observed--'although he may not understand french, he was a man of business contracting with a french company, whose tickets he knew very well were written in the french language. he had ample time and means to get the ticket explained ..... absence of fraud, immaterial that the defendant had not read the agreement and did not know its contents. now if in the course of making a contract one party delivers to another a paper containing writing and the party receiving the paper knows that the paper contains conditions which the party delivering it intends .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-05-1966
..... the matter. but the effectiveness of our ipse dixit would not justify it. [ footnote 2/11 ] of course, the clerks' contract may be relevant to construction of the telegraphers' contract, under the pitney case. [ footnote 2/12 ] under the railway labor act, such contractual renegotiation would be a "major" dispute, subject to the jurisdiction of the mediation board, not the adjustment board. see ..... limited and constricted form of a dispute between a union and a carrier as to the meaning and application of their agreement. the act does not give the board power to compel a union which is affected by a contract dispute between another union and a carrier to participate in or be bound by the proceeding. this is "[o]ne thing [that ..... between a union and the board must do so in light of "evidence as to usage, practice and custom" and of allegedly overlapping contracts with other unions. but the board's authority is specific and limited. the railway labor act narrowly defines the adjustment board's power. the board [ footnote 2/2 ] hears a dispute page 385 u. s. 176 (a) "between ..... is the board's duty to decide which of the two unions is entitled to the jobs. i dissent. the board acted as the statute commands. as i shall discuss, its power is limited to adjudications of grievances and contract disputes between a union and a railroad. it cannot compel conversion of a complaint proceeding between a union and a railroad into .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-24-1966
..... 242, affirmed. mr. justice stewart delivered the opinion of the court. section 301 of the labor management relations act, 1947, confers jurisdiction upon the federal district courts over suits upon collective bargaining contracts. [ footnote 1 ] nowhere page 383 u. s. 698 in the act, however, is there a provision for any time limitation upon the bringing of an action under 301. the ..... retail clerks v. lion dry goods, 369 u. s. 17 . section 301 provides: "(a) suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this act, or between any such labor organizations, may be brought in any district court of the united states having jurisdiction of the parties, ..... questions presented by this case arise because of the absence of such a provision. the petitioner union and the respondent company were parties to a collective bargaining contract within the purview of 301. the contract contained a section governing ..... . the act contains no time limitation upon the bringing of an action under 301. the district court viewed the action as based partly on the collective bargaining agreement and partly on the oral contract of each employee, and held that indiana, in such case, would apply its six-year statute of limitations governing contracts not in writing. the complaint was accordingly .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-14-1966
Reported in : AIR1967SC878; 1SCR331
..... que trust, spiritual adviser and devotee, medical attendant and patient, parent and child are those in which such a presumption arises. section 16(2) of the contract act shows that such a situation can arise wherever the donee stands in a fiduciary relationship to the donor or holds a real or apparent authority over him. 10. ..... as to render influence, in the language of the law, 'undue'. 9. the law in india as to undue influence as embodied in s. 16 of the contract act is based on the english common law as noted in the judgments of this court in ladli prasad jaiswal v. karnal distillery co. ltd. and ors : [1964 ..... law as to undue influence is the same in the case of a gift inter vivos as in the case of a contract. 4. under s. 16(1) of the indian contract act a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties ..... in a position to dominate the will of the other. once that position is substantiated the second stage has been reached - namely, the issue whether the contract has been induced by undue influence. upon the determination of this issue a third point emerges, which is that of the onus probandi. if the transaction ..... affected by reason of age, illness, or mental or bodily distress. 6. sub-section (3) of the section throws the burden of proving that a contract was not induced by undue influence on the person benefiting by it when two factors are found against him, namely that he is in a position to .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-25-1966
Reported in : AIR1968Cal385,72CWN274,69ITR254(Cal)
..... transfer. in other words, the basic ingredients of speculative transactions are first, that the contracts are to be periodically or ultimately settled and secondly, the settlement would be otherwise than by actual delivery or transfer of commodity. in the ..... into during the relevant accounting year.3. in explanation 2 to section 24(1) of the indian income-tax act a speculative transaction means the transaction in which a contract for purchase and sale of any commodity including stock and shares is periodically or ultimately settled otherwise than by the ..... a speculatiyp transaction within the meaning of explanation 2 to section 24(1) of the indian income-tax act was that it was to be a transaction in which a contract for purchase and sale of goods was periodically or ultimately settled otherwise than by actual delivery or transfer of ..... delivery of possession' the explanation 2 to section 24(1') of the indian income-tax act would be robbed of its content which was that a speculative transaction was one in which a contract for purchase and sale of commodity was periordically or ultimately settled otherwise than by actual delivery of ..... transaction. i am unable to accept the contention. the settlement of a contract within the meaning of the explanation 2 to section 24(1) of the indian income-tax act is that the two parties to a contract would settle their respective purchases and sales otherwise than by actual delivery or .....Tag this Judgment!