Court : Supreme Court of India
Decided on : Apr-15-1969
Reported in : AIR1969SC1280; (1969)IILLJ673SC; (1969)2SCC13; 1SCR304
..... the strike envisaged by these two sections is clearly the one which is illegal under section 24 read with section 23. a strike in breach of a contract during the operation of a settlement and in respect of a matter covered by that settlement falls under section 23(c). but whereas section 26 punishes a ..... . the said settlement was a contract between the company and the association representing the workmen and it was in operation on may 11, 1966. but was it in respect of a matter covered ..... workman going on strike thus envisages two conditions; (a) that it is in breach of a contract and (b) that it is during the period in which a settlement is in operation and is in respect of any of the matters covered by such settlement ..... which was in contravention of any act or law. section 23 provides that no workman employed in an industrial establishment shall go on strike in breach of contract and during the period in which a settlement is in operation, in respect of any of the matters covered by such a settlement. the prohibition against a ..... of the act, the first condition of which is that to be illegal under section 24 read with section 23 it must be in breach of a contract. standing order 22 requires that participating in a strike would be misconduct if it is in breach of some provision of law. but as the strike was .....Tag this Judgment!
Court : Delhi
Decided on : Jul-30-1969
Reported in : ILR1970Delhi171
..... partnership, as given in section 4 of the partnership act, does nto require the contribution of any capital. the old definition of 'partnership' as contained in section 239 of the contract act required that the persons who constitute partnership should have agreed to combine their property labour or skill in some business and to share profits thereof. section 4 of the .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-14-1969
Reported in : 85ITR347(Cal)
..... of notice, the person should be under an existing obligation to pay amounts to the assessee. any other interpretation of the provision is likely to hamper the normal freedom of contract which citizens do possess in spite of taxing enactments. any notice issued by the department under section 46(5a) upon an alleged garnishee cannot hang upon him like a damocles ..... the repealed act attaching all payments due to baliah.19. on 28th march, 1960, a date between the service of the first and second notices, the petitioner entered into a contract with baliah for playing in a film for a consolidated remuneration of rs. 20,000. this amount was paid to baliah between 28th march, 1960, and 18th march, 1961, prior ..... stood attached and that it should be credited to the government. the firm sent a reply on june 26, 1959, stating that it had not engaged baliah and had no contract with him. nothing happened for two years and, in the meantime, income-tax payable by baliah amounted to rs. 86,111.12. on march 21, 1961, the income-tax officer ..... ' sword and prevent him from entering into any contract with the assessee thereafter and from paying him any money under that contract. in our opinion, such a position cannot be envisaged and it is certainly not warranted by the language of the enactment.....an act cannot .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-19-1969
leary v. united states - 395 u.s. 6 (1969) u.s. supreme court leary v. united states, 395 u.s. 6 (1969) leary v. united states no. 65 argued december 11-12, 1968 decided may 19, 1969 395 u.s. 6 certiorari to the united states court of appeals for the fifth circuit syllabus petitioner, accompanied by his daughter, son, and two others, on an automobile trip from new york to mexico, after apparent denial of entry into mexico, drove back across the international bridge into texas, where a customs officer, through a search, discovered some marihuana in the car and on petitioner's daughter's person. petitioner was indicted under 26 u.s.c. 4744(a)(2), a subsection of the marihuana tax act, and under 21 u.s.c. 176a. at petitioner's trial, which resulted in his conviction, petitioner admitted acquiring the marihuana in new york (but said he did not know where it had been grown) and driving with it to laredo, texas, thence to the mexican customs station, and back to the united states. the marihuana tax act levies an occupational tax upon all those who "deal in" the drug, and provides that the taxpayer must register his name and place of business with the internal revenue service. the act imposes a transfer tax "upon all transfers of marihuana" required to be effected with a written order form, and all except a limited number of clearly lawful transfers must be effected with such a form. the act further imposes a transfer tax of $1 per ounce on a registered transferee and $100 per .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-07-1969
..... with respondents that a sum of almost $200,000 is paltry or "insubstantial." in any event, a narrow focus on the volume of commerce foreclosed by the particular contract or contracts in suit would not be appropriate in this context. as the special provision awarding treble damages to successful plaintiffs illustrates, congress has encouraged private antitrust litigation not merely to ..... involved here, where the credit is provided by one corporation on condition that a product be purchased from a separate corporation, [ footnote 4 ] and where the borrower contracts to obtain a large sum of money over and above that needed to pay the seller for the physical products purchased. whatever the standards for determining exactly when a transaction ..... affected was "insubstantial" because only a very small percentage of the land available for development in the area was foreclosed to competing sellers of prefabricated houses by the contract with petitioner. we think it plain that the district court misunderstood the two controlling standards and misconceived the extent of its authority to evaluate the evidence in ruling on ..... charged that respondents, united states steel corp. and its wholly owned subsidiary, the united states steel homes credit page 394 u. s. 497 corp., had engaged in a contract, combination, and conspiracy to restrain trade and to monopolize trade in the sale of prefabricated houses. it alleged that there was a continuing agreement between respondents "to force corporations .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-05-1969
Reported in : AIR1971Bom1; 1971MhLJ546
kotval, c.j.1. this reference raises an important question under the central provinces and berar letting of houses and rent control order 1949. the question is whether a landlord in occupation of a house or a portion of a house of his own in the city or town concerned has any right at all to apply for permission to evict his tenant under clause 13(3) (vi) of the said order, on the ground that the landlord needs the house or a portion thereof for the purpose of his bona fide occupation.2. eknath the petitioner, was a tenant of house no. 130 in ward no. 29 of amravati town, of which shankar, the landlord, was the owner. the house is a two-storeyed building. on the first floor there is only a big hall which at the material time was in possession of the tenant at rs. 30/- per month. on the ground floor, there are six rooms of which four were let out by the respondent no. 1 the landlord to the petitioner. the remaining two rooms were in possession of the landlord. the landlord applied for permission to serve a notice of ejectment on the tenant under items (i), (ii) & (vi) of clause 13(3) of the rent control order. these items refer to the different grounds for ejectment of a tenant: (a) item (i) refers to his being in arrears of rent for an aggregate period of three months, or (b) item (ii) to his being habitually in arrears with the rent, and (c) item (vi) to the landlord needing the house for his own bona fide occupation.3. the rent controller and the deputy collector rejected .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-20-1969
Reported in : AIR1970MP40; 1969MPLJ442
..... ? sir frederickpollock thought that, in principle at least,it should be decisive. in his opinion thepromise might be good consideration, forit involved the promisor in two possibleactions for breach of contract instead ofone, and thus was a detriment within themeaning of the law.' (page 91) concluding the authors observe: 'it would seem, therefore, reasonable to accept the three cases in the ..... less valid because the performance will operate in discharge of an independent liability of the promisor toa third person under an independent contract already existing. this was the opinion of w. h. leake, a most accuratelawyer, and of prof. langdell of harvard.' (page 186-7)21. referring to the two cases, (1860) ..... why such a promise should not- be binding.'20. pollock has considered the question whether the promise in such a case is valid consideration in his treatise on principles of contract, tenth edition, at pages 183 to 187 and concluded: 'what is here mentioned is that a promise made for valuable consideration, andotherwise good as between the parties, isnot the ..... sale deed. continuing, indermal stated that it was in pursuance of this agreement that he (indermal) executed the promissory note without receiving any cash consideration and added that, before the contract for sale was made with bachhrai factories (private) limited, mohammad hussain had promised not to ask for more money but, at the time of execution of the sale deed, he .....Tag this Judgment!
Court : Orissa
Decided on : Jan-23-1969
Reported in : AIR1969Ori187; 73ITR119(Orissa)
..... .; indeed he might have bona fide believed that the supply he made to government was in conformity with the contract standard. the tribunal also did not find that there was any misbehaviour on the part of the assessee regarding the quality factors in the matter of rice and paddy. the ..... present case the real effect of deductions from the bills of the assessee was to reduce the price of paddy and rice paid or payable to the assessee under the contract. the tribunal found that there was no evidence that the assessee either mixed foreign materials or passed off inferior quality of rice to the government as the f. a. q ..... by deducting from the bills resulting in diminution of the price paid to the assessee. if the goods do not conform to the description there is no performance of the contract at all. if the goods are not of mar-ketable quality, the thing for which the buyer bargained was not given. in either case the default of the seller goes ..... . in the present case it is an inevitable consequence of the assessee's business as a paddy-procuring agent that as a result of the goods delivered not being of contract quality, breach of warranty, with the risk of liability to pay damage, should at times be committed and payment of such damages as a result of breach of warranty in .....Tag this Judgment!
Court : Orissa
Decided on : Apr-30-1969
Reported in : AIR1969Ori280; 35(1969)CLT592
..... as well as by the purchasing party. it is true that section 175(3) uses the expression 'executed' but that does not by itself contemplate execution of a formal contract by the contracting parties. a tender for purchase of goods in pursuance of an invitation issued by or on behalf of the governor general of india and acceptance in writing which is ..... , or as to any other question, claim, right, matter, or thing whatsoever, in any way arising out of, or relating to the contract, designs, drawings, specifications, estimates instructions, orders, or these conditions, or otherwise concerning the work or the execution, or failure to execute the same, whether arising during the progress of the ..... 6. a copy of the prescribed f-2 agreement is on record. clause 23 thereof which provides for arbitration is in the following terms: 'except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings, and instructions hereinbefore mentioned and as to the quality of workmanship, or materials used on the work ..... under those conditions the same shall be referred to the award of an arbitrator to be nominated in the manner indicated therein. certain disputes having arisen in relation to this contract, the respondent intimated the director general of disposals that he had appointed a certain gentleman as arbitrator on his behalf in accordance with the arbitration clause and called upon the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-19-1969
Reported in : AIR1970SC1955; 1970(0)BLJR885; (1969)2SCC554; 1SCR928
..... purpose will be served by directing a fresh enquiry into the question whether the union of india is entitled to recover from the plaintiff any reasonable compensation for breach of contracts and whether that compensation is equal to or exceeds the amounts deposited. evidence on that question has already been led and findings have been recorded. in dealing with the ..... rates at which potatoes, poultry, eggs and fish were purchased by them when the plaintiff failed to deliver 'regularly and fully' the quantities stipulated under the terms of the contracts and after the contracts were terminated. they could have proved the rates at which they had to be purchased and also the other incidental charges incurred by them in procuring the goods ..... be supplied, the government of india rescinded the contracts-the first on november 23, 1947, and the second on december 2, 1947, and forfeited the amounts deposited by the plaintiff.2. the plaintiff commenced an action against the union ..... to in obtaining supplies/services hereby agreed to be supplied, from elsewhere in any manner mentioned in clause 7(ii) hereof, for the remainder of the period for which this contract was entereu into, without prejudice to any other remedy the government may have.the plaintiff having made persistent default in making 'regular and full supplies' of the commodities agreed to .....Tag this Judgment!