Court : Gujarat
Decided on : Jul-14-1967
Reported in : AIR1968Guj276; (1968)9GLR932
..... appears that this letter was written at the time when the opponent had rejected the goods as being not in accordance with the terms of the contract. to my mind, therefore, in this case, there can hardly be any scope for the opponent to challenge the jurisdiction of the bhavnagar court ..... to the promisee for the performance of the contract, section 49 would have no application. if section 49 have no application then there is no reason why the common law rule should not ..... them. in bharumal v. sakhawatmal, : air1956bom111 the division bench of chagala c. j. and dixit j. held that strictly, section 49 of the contract act only comes into operation when there is an application by the promisor to the promisee. where it is not suggested that the promisor made any application ..... was agreed expressly or impliedly to be paid within its territorial jurisdiction. to find this fact, the court is entitled to take into consideration the contract, its attending circumstances, the creditor's ordinary place of residence or business and he course of dealings between the parties including all the other factors ..... firm hiralal v. baij nath . there, the question arose as regards the determination of the territorial jurisdiction of the court in a case of contract. their lordships observed that the territorial jurisdiction of the court is to be determined on the ground that the price of goods was payable within its .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-04-1967
Reported in : 69ITR129(Guj)
..... usually sold by such person in the course of his merchanting business, or, in other words, ordinarily dealt in by him and they are not intended to limit such contracts only to forward contracts for sale of merchandise. but this contention fails to give due effect to the words 'merchandise sold by him' and equates them with the words 'merchandise dealt in ..... would be speculative transactions within the meaning of the first proviso to section 24(1) and by reason of that proviso the loss of rs. 66,256 sustained in these contracts would not be liable to be set off against the other profit of the assessee from non-speculative transactions. the assessee, therefore, claimed before the income-tax officer making its ..... of proviso (a) to the second explanation to section 24(1). the proviso takes out from the definition of speculative transaction contained in the second explanation, hedging contracts which satisfy the following description : 'a contract in respect of raw materials or merchandise entered into by a person in the course of his manufacturing or merchanting business to guard against loss through future ..... sale entered into by the assessee for the purpose of guarding against loss through future price fluctuations in respect of the forward contracts of purchase were not covered by proviso (a) and the forward contracts of sale were, therefore, speculative transactions and the loss arising from them was not liable to be set off against the other business income of the assessee .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-14-1967
Reported in : AIR1969Guj124; (1968)GLR409
..... who have a monetary claim based on negotiable instruments where certain presumptions arise in their favour or claims of recovery of debt or a liquidated demand for money based on contract or guarantee to have their claims decided upon quickly and so also its recovery. in their very nature these claims are such that the court can, on examining the affidavits ..... notes and all suits in which the plaintiff seeks only to recover a debt or a liquidated demand in money payable by the defendant with or without interest, arising on contract express or implied or an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of debt other than a penalty, or .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-03-1967
Reported in : 69ITR1(Guj)
..... be made by such-bye-laws. clause (g) of sub-section (2) refers to the provision for 'regulating the entering into, making, performance, rescission and termination of contracts, including contracts between members.... or between a member of the recognised association and a person who is not a member...' and clause (p) refers to the provision for 'the regulation of ..... other business consisting of speculative transactions and it cannot be set off against other business income of the assessee. it, therefore, becomes necessary to consider whether the impugned contracts entered into by the assessee were speculative transactions within the meaning of the first proviso to section 24(1). now, what is a speculative transaction is set out in ..... of the agreement between the parties and the rights under the railway receipt were, therefore, not non-transferable as required by the definition of 'non-transferable specific delivery contract'. realising this difficulty in its way the assessee contended that the non-transferability of the railway receipt which was contemplated by the definition was non-transferability during the period ..... the case. 5. proceeding further with the examination of the scheme of the act, chapter iv contains provisions conferring authority on the central government to prohibit certain classes of forward contracts. section 15, sub-sections (1) and (4) enact : '15. (1) the central government may, by notification in the official gazette, declare this section to apply to such .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-20-1967
Reported in : (1968)9GLR104
..... r. 313. in xlviii bom. l.r. it was decided that the law with regard to waiver is to be found in section 63 of the indian contract act, 1872. no agreement between the parties is necessary for the purpose of attracting the application of the section. a promisee can only dispense with the performance ..... construction put by mr. vakil and hold that having regard to the provisions of section 108(o) a change of user in the absence of a contract to the contrary, would not result in giving a cause of action to the plaintiff for evicting the tenant unless it is further proved that it is ..... wear and tear. the clause deals with voluntary waste and imposes a liability similar to that imposed upon bailees by sections 151 and 154 of the indian contract act. an act which a person of ordinary prudence using, his own property would commit is not waste although it damages the property. thus where a ..... to him, the main underlying object is to lay down an obligation on the tenants and the emphasis is on keeping the tenant tied down to his contract. the first part of clause (o) accordingly lays down that the tenant will make use of the property as a person of ordinary prudence would use ..... 108 and clause (o) thereof for the purpose of the discussion of this contention.108. rights and liabilities of lessor and lessee. in the absence of a contract or local usage to the contrary, the lessor and lessee of immovable property, as against one another, respectively, possess the rights and are subject to the .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-25-1967
Reported in : (1968)GLR815; (1968)ILLJ670Guj
..... and the authority to radically modify or alter the agreed terms of employment and to impose new obligations. in a sense, he may make a new contract for the spouts. no authority is necessary in support of these propositions, but i will refer to one of them, the decision of the supreme ..... is unlike a civil court, not fettered by the agreement between the parties. he is required to decide the matter not according to the agreement or contract between the parties but according to what, having regard to all circumstances, he considers to be just and fair. in order that the workers get a ..... or even both of the parties may be opposed to the new arrangement and it is the tribunal which deals with industrial matters, which makes the contracts that bind both the employer as well as the employee. under the ordinary civil law the rights and obligations of the parties are determined and settled ..... and the court or the authority dealing with disputes of industrial nature would be able under certain circumstances to modify the terms and conditions in a contract arrived at by mutual consent of the parties. this would mean that the industrial tribunal is empowered under certain conditions to remodel the terms by which ..... it can only carry them out through the agency of various persons. in doing so, it has to employ servants; it has got to enter into contracts with servants; and it has to dismiss servants. it is, therefore, contended that if the grievance of a servant dismissed by the petitioner-company is .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-13-1967
Reported in : (1967)8GLR833
p.n. bhagwati, j.1. these petitions raise an interesting question as to the constitutional validity of certain provisions of the gujarat panchayats act, 1961 (hereinafter referred to as the act). section 1 of the act came into force on 24th february 1962 and sub-section (3) of section 1 provided that the remaining provisions of the act shall come into force on such date or dates as may be appointed by the state government. 21st march 1963 was the date appointed by the state government in exercise of the power conferred under section 1 sub-section (3) and the remaining provisions of the act, therefore, came into force on that date. by an order made under section 157 of the act, the state government transferred to the respective district panchayats the powers, functions and duties exercised and performed by the public works department of the state government in various divisions and sub-divisions with effect from 1st april 1963. the public works department consists of five wings, namely, roads and buildings, irrigation, public health, electrical and mechanical and the divisions and sub-divisions of which the powers, functions and duties were transferred belonged to the roads and buildings and irrigation wings. each of these divisions comprised class i, class iii and class iv servants belonging to the state service and each of the sub-divisions comprised class ii, class iii and class iv servants of the state service. we are concerned in these petitions with class iii and class .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-02-1967
Reported in : AIR1969Guj28
..... a temporary injunction granted underorder 39, rule 1. ** ** **'inasmuch as rule 2 refers to a temporary injunction granted in a suit for restraining the defendant from committing a breach of contract or other injury of any kind, sub-rule (3) provides that the court may attach his property or put him in the civil prison in case of disobedience.inasmuch as ..... property as the court thinks fit, until the disposal of the suit or until further orders. 2(1) in any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before ..... or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right. (2) the court may by order grant such injunction, on such terms .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-21-1967
Reported in : 1969CriLJ322; (1968)0GLR890; (1968)IILLJ630Guj
1. this is a reference made by the learned additional sessions judge, ahmedabad rural at narol, sri d. j. dave, under s. 438 of the criminal procedure code, recommending that the order, passed by the learned judicial magistrate, first case, narol, dated 14 september, 1966, in a criminal case no. 1184 of 1966, issuing the process, be quashed and the opponent-accused be acquitted. 2. the facts leading rise to this reference, are briefly stated as under. opponent 1 is gujarat paper mills ltd. barejadi opponent 2 is a managing director of the said mills and opponent 3 is a works manager of the said mills. the industrial tribunal had given an award in regard to a dispute between opponent 1 and the workmen employed by it on 23 october, 1961. the said mills, being dissatisfied with that award, had filed appeals in the supreme court of india. the appeals filed were civil appeals nor. 943 and 944 of 1964, and on account of the settlement, the award came to be modified by the supreme court on 17 december, 1964. in view of that award, opponent 1 had to pay to the workers the bonus of the year 1957-58, and arrears of wages on 17 march and 17 february, 1965, respectively. as the amount was not paid accordingly, the assistant commissioner of labour, the complainant, filed a criminal complaint, no. 1458 of 1965 against the present three opponent-accused, or a breach of the term of the said award. the prosecution was for an offence punishable under s. 29 read with s. 32 of the industrial .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-20-1967
Reported in : AIR1969Guj48; (1969)GLR253
..... contract.mr. vakil further argued that in a matrimonial legislation the term 'unsoundness of mind' should be widely interpreted, especially when the legislature ..... the unsoundness of mind as a ground of divorce. mr. vakil also pointed out that under section 12 of the indian contract act, the expression 'unsoundness of mind' was used in the context of consent being given for entering into a valid contract where a person must understand and form a rational judgment as to its effect before entering into such a .....Tag this Judgment!