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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1967 Page 1 of about 26 results (0.033 seconds)

Jan 19 1967 (HC)

Ghasiram Agarwalla Vs. the State

Court : Kolkata

Decided on : Jan-19-1967

Reported in : AIR1967Cal568,1967CriLJ1599

..... not completed because the stock was ultimately brought back. as there was no dishonest disposal of the stock of wheat in violation of the legal contract for the distribution of the wheat, the high court held that there was merely an attempt to commit criminal breach of trust. their lordships, ..... and so on. it is not possible to argue that the imposition of such control effects any fundamental change in the relationship between these different contracting parties. in recent years we have had a spate of cases particularly with reference to the commodities, the production, distribution and consumption of which ..... disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits ' ..... the supreme court held 'transactions of despatch of sugar by the assessee pursuant to the directions of the controller were not the result of any contract of sale. in calling upon the manufacturing units to supply sugar, the controller did not act as an agent of the province to purchase goods ..... the property so entrusted there was dishonest misappropriation or dishonest conversion or dishonest use or disposal in violation of a direction of law or legal contract, by the accused himself or by some one else which he willingly suffered to do. it follows almost axiomatically from this definition that the .....

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Sep 29 1967 (HC)

Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-29-1967

Reported in : AIR1968Cal407,72CWN440

..... in 1921 madras high court in buckingham and carnatic mills case held trade unionism as illegal conspiracy and granted injunction restraining labour union officials from influencing labourers to break their contract of service by means of strike. that decision apparently followed common law of england. public opinion in india was roused thereby to the extent that following a resolution in ..... alwaysthat it was done 'in contemplation or furtherance of trade dispute' ............... inthis respect there is a change. if there be no threat or violence, and no breach of contract, and yet there is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or ..... at legislation was inimical to it and consisted of wage fixing laws. the combination act of 1800 made all combination of workmen to regulate conditions of their work illegal. all contracts, covenants and agreements for obtaining an advance in wages, altering the hours of work, preventing workmen hiring themselves or attempting to induce them to leave work, were declared illegal ..... legislation. in 1921, the madras high court granted an injunction restraining the madras textile labour union officials from influencing labourers in the buckingham and carnatic mills, from breaking their contract with their employers by means of a strike with a view to obtain increased wages. this led to intensive agitation and resulted in the passing of the indian trade .....

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Feb 28 1967 (HC)

Jeewanlal (1929) Ltd. Vs. Commercial Tax Officer, Lyons Range Charge a ...

Court : Kolkata

Decided on : Feb-28-1967

Reported in : [1967]20STC345(Cal)

..... commissioner had come, to the correct conclusion.41. in the grounds of appeal to the board of revenue the appellant has stated that 'the contract and the facts and circumstances of the case and the relevant documents clearly establish the fact that the goods were actually despatched to kanpur in ..... in such a case, the sale by the assessee could not be dissociated from .the export. the export took place in pursuance of the contract or arrangement as between the government and the assessee.23. learned counsel for the respondent told us that the state of west bengal was preferring ..... the assessee submitted bills to the shipping agents and received payments from them. the shipping agents got their money from the government. there was no contract of sale between, the assessee and the shipping agents and the goods were received by the shipping agents as nominees of the government. it has ..... inspected there and imported into india for the consignee. movement of the goods from belgium to india was in pursuance of the conditions of the contract between the assessee and the director-general of supplies. there was no possibility of these goods being diverted by the assessee for any other ..... of the messrs jeewanlal (1929) limit-contractor ... ed, 31, netaji subhas road,calcutta.3. name of indentor ... c. 0. d. kanpur.7. conditions of contract as w.s.b. 133 as amended to date.contained in form no. ...8. the indenting department government/central/military/is ... commercial.10. place of delivery ... .....

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Sep 01 1967 (HC)

Murlidhar Jhunjhunwalla Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Sep-01-1967

Reported in : [1969]73ITR727(Cal)

..... the court had not specifically referred to or dealt with the contention as raised belore us, namely, that in order to attract the operation of explanation 2 the contracts must bo periodically or ultimately settled otherwise than by the actual delivery of the commodity.19. shorn of all trimmings the assessee's transactions with subhkaran jhunjhuuwalla amounts to ..... orders on payment of full price.'16. the court finally concluded with the following observations :'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 the commodity. in the present case there is ..... chand rataria's case : [1955]1scr1071 , repelled the contention in the following words:'the explanation to section 24(1), however, does not prevent persons from entering into contracts in which the buyers and sellers may not actually hand over the goods physically. the explanation is only designed at segregating for income-tax purposes loss sustained in transactions of ..... source other than business consisting of speculative transactions. explanation 2 to the above sub-section is as follows ;'explanation 2.--a speculative transaction means a transaction in which a contract, for purchase and sale of any commodity including stocks and shares is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity or scrips. .....

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Sep 01 1967 (HC)

Murlidhar Jhunjhunwalla Vs. Commissioner of Income-tax, West Bengal Ii

Court : Kolkata

Decided on : Sep-01-1967

Reported in : AIR1968Cal253

..... supra) the court had not specifically referred to or dealt with the contention as raised before us namely, that in order to attract the operation of explanation 2 the contracts must be periodically or ultimately settled otherwise than by the actual deli-very of the commodity16. shorn of all trimmings the assessee's transactions with subhkaran jhunjhunwalla amounts to ..... the delivery orders on payment of full price.'the court finally concluded with the following observations:--'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 the commodity. in the present case there ..... chand rataria's case, : [1955]1scr1071 , repelled the contention in the following words:'the explanation to section 24 (1), however, does not prevent persons from entering into contracts in which the buyers and sellers may not actually hand over the goods physically the explanation is only designed at segregating for income-tax purposes loss sustained in transactions of ..... other than business consisting of speculative transactions. explanation 2 to the above sub-section is as follows:'explanation 2,-- a speculative transaction means a transaction in which a contract for purchase and sale of any commodity including stocks and shares is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity or scrips .....

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Jan 02 1967 (HC)

Jeewanram Gangaram Vs. Commissioner of Income-tax, West Bengal.

Court : Kolkata

Decided on : Jan-02-1967

Reported in : [1967]64ITR483(Cal)

..... a full partner but only entitled to the benefits of partnership in our opinion there is no bar in law to the guardian centering into such a contract, for he is only securing the conferment of benefits of partnership on a minor.'mr. s. roy, learned counsel for the assessee, submitted that unlike ..... a different view and high court expressed the following opinion :'that an instrument of partnership entered into between persons, some of whom are by law incompetent to contract, as might happen, if one of them is a minor is not necessarily null and void, and in a case like the present one, where the ..... in it. if the income-tax authorities register the partnership as between the adults only contrary to the terms of the document, in substance a new contract is made out. it is not open to the income-tax authorities to register a document which is different from the one actually executed and asked to ..... to full partnership, although in law this could not be done. the supreme court, therefore, refused to make a new and a valid contract for the purpose, in place of the contract invalid in law. in the case of shah mohandas sadhuram, he submitted, it was expressly stated in the deed that 'minors are ..... not make a minor full partner a partnership deed cannot be regarded as invalid on the ground that a guardian has supported to contract on behalf of a minor if the contract is for the purposes mentioned above.'in the light of the above principles, his lordship examined the several clauses in the deed and .....

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Jun 29 1967 (HC)

Commissioner of Income-tax, West Bengal Vs. Pioneer Trading Company Pr ...

Court : Kolkata

Decided on : Jun-29-1967

Reported in : [1968]70ITR347(Cal)

..... of the amount of profits and gains, if any, in any other business consisting of speculative transactions :....explanation 2. - a speculative transaction means a transaction in which a contract for purchase and sale of any commodity including stocks and shares is periodically or ultimately settled otherwise than by actual delivery or transfer of the commodity or scrips :....'now a ..... set off against the other business income under section 24(1). his lordship observed :'the explanation to section 24(1), however, does not prevent persons from entering into contracts in which the buyers and sellers may not actually hand over the goods physically. the explanations is only designed at segregating for income-tax purposes loss sustained in transactions of ..... was contended before the tribunal that explanation 2 to section 24(1) of the income-tax act, 1922, defined what a speculative transaction meant under the act and the contract having been settled otherwise than by actual delivery of the commodity, it could only be a speculative transaction and accordingly the receipt, a speculative receipt. we are not concerned ..... and executed. there was a dispute and the claim settled not in the way speculative transactions are settled but apparently in the way disputes arising on non-fulfillment of contracts are settled, i.e., by paying damages.'the assessee appealed before the appellate assistant commissioner. the appellate assistant commissioner agreed with the income-tax officer and dismissed the appeal .....

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Jul 31 1967 (HC)

Phelps and Co. (Private) Ltd. Vs. Member, Board of Revenue

Court : Kolkata

Decided on : Jul-31-1967

Reported in : [1967]20STC511(Cal)

..... dealer, 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.19. thus, the considerations which weighed with the supreme court in interpreting section 8(3)(b) of the central sales tax act will also be the considerations applicable to the .....

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May 29 1967 (HC)

Shri Anil Kumar Dutta and ors. Vs. Additional Member, Board of Revenue

Court : Kolkata

Decided on : May-29-1967

Reported in : [1967]20STC528(Cal)

..... . dated---------------------------------------------------------------purchasedjrom you as per bill/cash memo, stated below---------------------------------------------------------------supplied under your challan no. datedare for resale--------use in manufacture of goods for sale ------------------------------------use in the execution of contracts ---------------------------------packing of goods for resale.18. the purchasing dealer is required to strike out portions of the certificate which are not applicable to the sale in question and to fill ..... dealer and are intended for resale or are required by such dealer for use by him either in the manufacture of goods for sale or in the execution of any contract, or(ii) required by such dealer for the packing of any goods.(2) a dealer wishing to make a deduction under clause (b) of sub-rule (1) shall not accept ..... dealer, 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 of containers or other materials for the packing of goods of the class or classes so specified :provided that in the case of such sales a declaration duly filled .....

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May 03 1967 (HC)

Commissioner of Income-tax, West Bengal Vs. Bengal River Service Co. L ...

Court : Kolkata

Decided on : May-03-1967

Reported in : [1968]70ITR100(Cal)

..... privy council was like this appellant-company was incorporated in england, and its principal place of business was in that country. it acquired certain mining claims in rhodesia by a contract made in england. later, it net into voluntary liquidation and sold its whole undertaking to another company, also incorporated in england, making a considerable profit. this later agreement was also ..... to fright earned by private contract for transport by ship. under the order of requisition the source was hire of the vessels requisitioned under a charter, which was a different source. he drew our attention to ..... to the requisition, was the earning of fright under private contracts for carriage of goods. after requisition the source became receipt of hire for the requisitioned vessels. he submitted that the source under item 5(g) of the agreement was limited ..... not the identity of business. he submitted that the source of the income of the assessee in the business, prior to the requisition, was the earning of fright under private contracts for carriage of goods. after requisition the source became receipt of hire for the requisitioned vessels submitted that the source of the income of the assessee in the business, prior .....

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