Court : Rajasthan
Decided on : Dec-09-1969
Reported in : 1969WLN570
..... consideration to restrict his enjoyment of the property transferred to him. the enforcement of such an agreement depends upon the validity thereof under the law of contract. thus section 40, transfer of property act, provides that an obligation of this nature, that is to say, an obligation arising out of restrictive ..... of the learned counsel for the respondent is that the restrictive covenant in the present case is a benefit of an obligation arising out of contract annexed to the ownership of immovable property and such a right or obligation may be enforced against a transferee with notice thereof. it is ..... reasonable.section 55. sale of goodwill after dissolution. (1) in settling j the accounts of a firm after dissolution, the goodwill shall, subject to contract between the partners, be included in the assets, and it may ; be sold either separately or along with other property of the firm.rights of ..... to that of the firm within a specified period or within specified local limits; and, not withstanding any thing contained in section 27 of the indian contract ac?, 1872 such agreement shall be valid if the restrictions imposed are reasonable.section 54, agreements in restraint of trade. - partners may, upon or ..... , and the rule now is clear that restraints whether general or partial may be good if they are reasonable. any restriction upon freedom of contract must be shown to be reasonably necessary for the purpose of freedom of trade. a person may be restrained from carrying on his trade by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-11-1969
Reported in : (1969)3SCC648; 25STC60(SC)
..... price. it follows that the sales under the eight contracts were inter-state sales within the languageof section 3(a) of the central sales tax act and were not liable to be taxed under the madhya ..... necessarily contemplated the movement of the goods to the gondia weigh-bridge and the weighment of the goods at gondia in performance of the terms of the contract. in our opinion, the movement of goods across the frontier was a direct and necessary consequence of the important covenant with regard to the fixation of ..... state to another within section 3(a) of the central sales tax act, when the movement 'is the result of a covenant or incident of the contract of sale'. that the cement concerned in the disputed sales was actually moved from another state into mysore is not denied. the respondents only contend that ..... than those included in clause (b), in which the movement of goods from one state to another is the result of a covenant or incident of the contract of sale, and property in the goods passes in either state.6. this observation of shah, j., was cited with approval by this court in cement ..... 1996 decided on 21-8-1968, since reported at  25 s.t.c.26 in which the relevant clauses of the contract of sale were almost identical with the terms of the contract of sale in the present case. the high court has followed its previous . decision in commissioner of sales tax, madhya pradesh .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-03-1969
Reported in : AIR1970Raj118; 1969()WLN75
..... taken the present appeal. contentions of learned counsel for the appellant are:-- (1) that the trial court went wrong in holding that there was no contract between the parties arrived at on november 18, 1950; (2) that the state government gave recognition to the past liability incurred by the erstwhile kotah ..... by the constitution (seventh amendment) act, 1956). the provisions of article 299 are mandatory in character and contravention of these provisions would nullify the contract and would make them void and unenforceable. no state government can be sued by a private individual where there is the breach of the provisions ..... mandatory in nature. the intention of parliament in enacting section 175(3) was that the state should riot be burdened with liability based on unauthorised contracts, the provisions were made in the public interest and so the word 'shall' used therein must be held to make it obligatory and not directory ..... 1935, or the corresponding provisions of article 299(1) of the constitution of india are characterised as mandatory and their contravention would nullify the contracts and make them void and that there is no question of any estoppel or ratification in such a case. 11. what was said in ..... be waived or dispensed with. 12. in the light of the above discussion, the position in the present case is that there was no contract between the appellant and the government as required by article 299 of the constitution of india. in view of the mandatory provisions of article 299 .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-24-1969
Reported in : AIR1970Bom324; (1969)71BOMLR619; 1970CriLJ1216; ILR1970Bom184
..... these cases there were special provisions under the respective special enactments which would override the general provisions of the criminal procedure code. that is not the case under the forward contracts (regulation) act, 1952 which lays down that certain offences are cognisable which necessarily implies that the police can investigate those offences under chapter xiv of the code ..... can the police arrest the accused without warrant but investigate the offences under chapter xiv of the criminal procedure code, in the absence of any specific provisions in the forward contracts (regulation) act preventing the police from exercising their powers of search under section 157 or 165 of the criminal procedure code and in the absence of any other provision regu ..... 25, 1969, he framed charges in the 8 cases against the respective accused, the particulars of which are briefly stated above, for contravening the provisions of the forward contracts (regulation) act, 1952. 6. the very contentions which were urged before the learned presidency magistrate are urged in the above revision applications challenging the said order dated march ..... c. i. d. bombay suspecting mat certain firms of bullion traders of zaveri bazar were conducting illegal forward trading in silver in contravention of section 17 of the forward contracts (regulation) act, 1952 read with the aforesaid notification, raided the premises belonging to 8 firms suspected to be contravening the act. during the raid, 47 persons including .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-27-1969
Reported in : (1970)ILLJ399All
..... view expressed in the oases just mentioned, we are of opinion that the use of the word ' permanent' in relation to an employment only signifies its stability and security in contract to the instability and insecurity of a temporary employment and it is indicative not so much of its duration as of its nature in contrast to the nature of a ..... examination by a division bench of the madras high court in chilakamarri lakshminarasimhacharyvlu v. mclaurin high school, cocanada a.i.r. 1949 mad. 788] and it was observed:though the contract merely says ' permanent; and though the word ' permanent' may to a proper case be taken to mean for life, nevertheless in the matter of appointment; of teachers in schools, it ..... is of opinion that they are fit to perform their duties efficiently. this usage prevailing in the educational world must be deemed to be past of the contract and it is in impossible, in our opinion, to record the contract as being one for life, having regard to the conditions and usages known to both the parties at the time of the ..... in itself normally create a promise of life employment or disentitles the employer from terminating the employee's contract of service on reasonable notice. a contract for permanent employment will, however, be considered as a contract for employment for life if the terms of the contract are such as to render inevitable the conclusion that a lifetime employment was intended.far from rendering inevitable .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1880)ILR2All336
..... full term of the bond has expired, and the contract in this respect may be supposed to represent the true meaning of the parties and might not unreasonably be construed in favour of the plaintiff, who was at ..... force of this ruling in the case of stowell v. billings i.l.r. 1 all. 350.4. it is true that by the terms of the contract between the parties an option is given to the plaintiff either to take his money at once on the occasion of default or to postpone his suit until the ..... the bond should be repaid in certain portions at different times. interest may not be a part of a contract between the parties to it. if there is a condition in a bond that simple interest should be paid at a certain rate, then it is as much ..... of appeal to which i will subsequently refer.3. i am not prepared to admit that the bond in suit is one payable by instalments. there was no contract between the parties that the sum borrowed should be paid off by instalments, that is to say, there was no agreement that the money borrowed and secured by ..... to be the real nature and position of the bond, but it contains an allusion to policies of assurance, and premia thereon, as to which there is no contract apparent on the face of the bond itself, although there would appear from the evidence to have been an arrangement of the kind between the parties to fortify and .....Tag this Judgment!
Court : Chennai
Decided on : Feb-24-1969
Reported in : AIR1970Mad432
..... contended that there is no reasonable basis for classifying persons employed on contract for fixed period separately and distinctly from those who are not so employed and as i pointed out' already, there is a reasonable nexus or connection between such classification and ..... the parties, and the tenure of the employment is the subject-matter of specific agreement between them, while in the case of a person who is not employed on a contract for fixed period, but whose tenure is governed by the rules and regulations applicable to the particular institution or establishment, the position is entirely different. consequently, it cannot be ..... the powers conferred by section 6 of the madras shops and establishments act (madras act 36 of 1947), his excellency the governor of madras hereby exempts, permanently persons employed on contract for fixed periods from the provisions of section 41 of the said act.'mr. b.r. dolia, learned counsel for the petitioner, sought to sustain his argumenton two different ..... 14 of the constitution of india, since it discriminates the petitioner herein as against the other employees, solely on the basis that the petitioner's services are governed by a contract for a fixed period. for the purpose of appreciating this contention, it is necessary to refer to one or two provisions of the madras shops and establishments act 1947, ( .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-12-1969
Reported in : AIR1969SC859; 73ITR698(SC); (1969)1SCC659; 3SCR669
..... when he agreed to accept a sum of rs. 1,87,000 from the aforesaid persons as consideration for transferring the benefits of the contract the appellant can well be said to have concluded a deal which represented the profit which he anticipated by acquiring the parachutes.6. it ..... normal method of doing supply business in our country. according to it, highly influential parties instead of doing the business themselves manage to secure contracts and pass on the actual execution of the business to others in return for a fixed sum of money. this is what the appellant did ..... letters which were exchanged between the concerned parties were also considered and the conclusion at which the high court arrived was that the benefit of the contract which the assessee had entered into with m/s. tata aircraft ltd. had been transferred by him in favour of messrs. pokhraj hirachand for ..... of partnership was entered into between six persons, namely, nathmal, pokhraj, chandumal, prithviraj, shapoorji & co. ltd. and jamalbhai. this partnership took over the contract of purchase entered into by pokhraj hirachand. it was registered by the income tax authorities for the assessment year 1948-49.2. m/s. pokhraj hirachand in ..... aircrafts ltd. was acting as the agent of the government. the agreed purchase price of the parachutes was approximately rs. 93 1/2 lakhs. the contract was entered into by means of letters. the assessee addressed a letter, dated october 29, 1946 to tata aircraft ltd. containing an offer. tata .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1880)ILR2All654
..... comes within the meaning of a bond as defined in the stamp act. i look on the main clauses as only evidence of a contract between contracting parties in respect of the lease or sale of a right of manufacture and vend of spirits, and so far the instrument is subject ..... against which courts of law have, in modern times, endeavoured to relieve, by directing juries to assess the real damages sustained by the breach of contract.' the fairness of the rule so expounded is obvious, and in the present case would, if applied, prevent the injustice of the full penalty ..... of england (1864), p. 618:-- 'where, however, parties agree that a specific sum shall be payable by way of penalty for breach of contract, our courts will apply equitable principles in the assessment of damages, not indeed allowing them to exceed the sum thus stipulated, but requiring evidence to ..... before us in which, besides, there is no condition of nullity or voidance, the penalty being applied, without discrimination or specification, to the entire contract and the whole of its provisions, and which are exclusively of a pecuniary character, and the violation of which could be adequately measured in damages. ..... penalty contingent on the non-performance cannot be anticipated or presumed. on the contrary the presumption, according to all recognised legal principles, is that the contract or agreement will be performed, and that the circumstances under which this penalty may be sought to be enforced will never arise. that i say .....Tag this Judgment!
Court : Orissa
Decided on : Aug-12-1969
Reported in : AIR1970Ori76
..... defined by section 2(vi). it has a wide meaning and includes within it any benefit to which a workman is entitled to, on termination of service, either under the contract of employment or under any law or an award or a settlement. it includes within it a large number of benefits which but for the wide definition may not be ..... the act, nor can it fail under the class of delayed wages as envisaged by sections 4 and 5 of the act. when the cases of sums payable under a contract, instrument or a law it could not have been intended that such a claim for compensation which is denied on grounds which inevitably would have to be inquired into and .....Tag this Judgment!