Court : Kolkata
Decided on : Jun-07-1988
Reported in : (1988)2CALLT334(HC),1989(19)ECC162
..... government altered his position, is entitled to enforce the promise or the representation against the government, even though the promise or representation is not in the form of a formal contract as required by article 299 and that article does not militate against the applicability of the doctrine of promissory estoppel against the government. the doctrine of promissory estoppel is also ..... -established in the administrative law of india. it represents a principle evolved by equity to avoid injustice and though commonly named promissory estoppel, it is neither in the realm of contract nor in the realm of estoppel. the basis of this doctrine is the inter position of equity which has always, true to its form, stepped into mitigate the rigour of ..... not disputed. what the petitioner wanted to urge was that the said notifications were valid and binding in respect of all persons excepting those like the petitioner, who entered into contracts on a date earlier than the date of the particular notifications on the basis of representations and/or promises contained there in. this is quite illogical. the rate of customs ..... 1982, is factually incorrect even according to the documents annexed to the petition. the submissions made on behalf of the petitioners is that the petitioner no. 1 entered into the contract relying on the representation that the said duty of customs as per the notification, dated 14th december 1982 would be payable, when the goods would be ultimately imported into india .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Madras
Decided on : Aug-18-1988
Reported in : (1989)28ITD34(Mad.)
..... indian partnership act laid down as to what is the meaning of the property of the firm. it has laid down that, subject to the contract between the partners, the property of the firm includes all property and rights and interets in the property originally brought into the stock of the ..... accounting and they do not bring about transfer of title to property convenience. it is in this background coupled with absence of any agreement or contract between the partners regarding treatment of property contributed as share capital we hold that there is no clinching evidence on record to hold that the ..... the madras high court it is clear that the question of contribution of immovable property as share capital is germane only at the formation of contract or partnership and such property becomes the property of the firm by the very intention of the parties evidenced by the agreement to treat such ..... the money belonging to the firm it shall not be deemed to have been acquired for the firm if there is contrary intention in the contract. thus both for inclusion of initial contribution of immovable property as capital by a partner or acquisition of property with the funds of the firm ..... have carefully considered the rival contentions. section 14 of the indian partnership act, 1932 reads as under:-- 14. the property of the firm.--subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stook of the firm, or .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1988
..... " as an entity for specified relief and clearly contemplates the enforcement of money judgments against a plan, and although lawsuits against erisa plans for run-of-the-mill state law contract or tort claims are relatively commonplace, erisa does not provide an enforcement mechanism for collecting judgments won in either type of action. in lieu of such a provision, state law ..... finding several state law causes of action preempted establish at least this much. see, e.g., pilot life, 481 u.s. at 481 u. s. 47 -48 (holding that certain contract and tort laws, though otherwise generally applicable, may not be invoked against an employee benefit plan); shaw , 463 u.s. at 463 u. s. 103 -106 (finding certain fair employment .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-23-1988
..... no. 2181, 83d cong., 2d sess., 14 (1954) ("in connection with its own production facilities, . . . the commission is permitted to have the actual operation carried on by other persons under contract to it and under its direction and control"). this federal control over the production of nuclear material is an important aspect of federal nuclear energy policy. see 42 u.s ..... an initial matter, therefore, we consider whether the federally owned portsmouth facility is likewise shielded from direct state regulation even though the facility is operated by a private party under contract with the united states. [ footnote 1 ] we believe this question was answered in hancock v. train, 426 u.s. at 426 u. s. 168 , in which we faced the ..... field of safety regulation for safety hazards unrelated to radiation, . . . state specific safety regulations that give rise to an award for violation thereof are equally applicable to an entity that contracts with the federal government for operation of a nuclear power facility owned exclusively by the federal government." no. 84ap-208 (july 25, 1985), app. 17. the court therefore ordered the ..... piketon, ohio. the plant is owned by the united states, but at all times relevant to this action it was operated by a private company, appellant goodyear atomic corporation, under contract with the department of energy (doe). on july 30, 1980, appellee esto miller, a maintenance mechanic employed by goodyear at the portsmouth plant, fell from a scaffold while performing .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-29-1988
Reported in : 73STC26(AP)
..... the matter from the point of transfer of property in 'unascertained goods' (page 244) and observed : 'if, however, there is an unconditional contract for the sale of standing trees or bamboos which are unascertained, then unless a different intention appears, the property in them would be transferred to the ..... all growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale and also includes motor spirit. explanation : .....................' 13. from the aforesaid definition in the andhra pradesh general sales tax act, 1957 of ..... the question as to whether these terms of the contract amount to a 'sale' attracting the provisions of the andhra pradesh general sales tax act, 1957 is to be now decided. there is an ..... and rules made thereunder by the government. accounts are to be maintained. monies due can be recovered as arrears of land revenue and the contract can be terminated by the lessor in case of illicit fellings or non-payment of dues or serious irregularities. 11. relevant statutory provisions : ..... are to be removed for 20 years during the period 1st october, 1975 to 30th september, 1995. the question is whether the preliminary contract or the regular contract amounts to 'sale' of bamboos attracting the provisions of the andhra pradesh general sales tax act, 1957 read with the indian sale of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-16-1988
Reported in : AIR1988SC2047; (1988)90BOMLR306; JT1988(3)SC375; 1988(2)SCALE342; 1988Supp(1)SCC696; Supp2SCR448; 1988(2)LC721(SC)
..... the approved scheme even when the corporation had issued a 'no objection certificate' because the scheme did not provide that the clause regarding exclusion of other persons from operating contract carriages would cease to operate if the corporation issued a 'no objection certificate'. the insistence on the production of a 'no objection certificate' by the corporation by a ..... (7) holders of contract carriage permits granted to them exclusively for the daily transportation at appointed hours and between specified terminals and pick up points of only the persons employed by or studying in ..... them or students or members of their institutions from and to their residences and respective places of work or study and for occasional tours and excursions; (6) holders of contract carriage permits for operation wholly within the municipal limits of greater bombay, and cities of poona, sholapur and kolhapur where the municipal authorities are operating road transport service; and ..... 68-d(3) of the act by the government of maharashtra, the maharashtra state road transport corporation (hereinafter referred to as 'the corporation') was authorised to operate contract carriage services in the entire area of the state of maharashtra and on all routes and portions thereof falling within the said area to the complete exclusion of all other .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-28-1988
Reported in : [1989(59)FLR398]; (1989)1GLR539; (1990)ILLJ187Guj
..... may entail penal consequences on daily as well; and that the degree and manner of supervision does not render the agreement in question as one of contract of service. it has further been averred that the method of payments in respect of the milk sold would show that the commission agent does not ..... the relatives of the commission agent and are persons with whom there is no agreement. the aforesaid would not have been possible had it been a contract of service. 11. it has further been averred in the said affidavit that there is no real supervision or control of the dairy over the manner ..... and that there are about 50 such instances, some of which have been stated in the statement at annexure c to the said affidavit. 10. the contract of service is always personal in nature. it is stated in the said affidavit that in majority of the cases, the work under the agreement is ..... and about 5 have even crossed the age of 75 years. this is a clear indication that the old agreement between the parties was not a service contract and was not containing service conditions. the above deponent has given a complete statement at annexure b to the affidavit, giving particulars of some such commission agents ..... go to the root of the matter arise for consideration :- (1) whether the agreement or agreements, as the case may be, between the parties are service contracts so that the members of the petitioner-union can be regarded as 'workmen' within the meaning of the said act (2) if no, whether both or either .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-08-1988
Reported in : AIR1989Raj51; 1988(2)WLN487
..... best evidence in its possession that the municipal council, kota, had committed breach of the agreement. it also held that the plaintiff-company had not produced any bill or the contract form with its customers in order to show that what was sold to the customers was only nylon thread and not the cops and further that there was condition in ..... the contract with the customers that they will return the cops to the plaintiff-company. thus, the plaintiff-company failed to establish that it did not charge any price of the cops .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-16-1988
Reported in : 1988(2)WLN580
..... the same in point of law. the damages claimed are remote and cannot be claimed by the respondent company in view of section 73 of the indian contract act, which gives right to a party to claim damages on the basis of difference of the market price only which the respondent company has completely ..... the goods. the petitioner company supplied the goods on 12th april, 1984, i.e. after the alleged date of supply and he supplied it at the contracted price. there is nothing on the record to prove that the prices have gone high. in this view of the matter, the question arises as to how ..... law stated above, solution to the dispute would determine the fate of the case.15. in my opinion, in view of section 55 of the indian contract act and in view of the fact that the respondent without any objection appropriated the goods to its own use and did not reserve any right to ..... promisor for any loss occasioned to him by such failure.effect of acceptance of performance at time other than that agreed upon: if, in case of a contract voidable on account of the promisor's failure to perform his promise at the time agreed, the promise accepts performance of such promise at any time other ..... dues of the aforesaid two bills. it is also stated by the petitioner that he was ready and willing to supply the material, but the breach of contract was committed by the respondent company by not making the payment of the aforesaid bills despite repeated requests. the petitioner also pleaded that the counter-claim made .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-01-1988
Reported in : AIR1989Cal65,92CWN746,176ITR89(Cal)
..... the registering authority. in my view, the registrar of assurances proceeded in the matter on an erroneous conception of law regarding the effect of a contract for sale of immoveable property. as hereinbefore stated the respondent 3 had no manner of right, title or interest in the immoveable property which belongs ..... interest which could be transferred in that view of the matter, in my view, the registrar of assurances was wholly wrong in holding that the contract for sale created an interest in favour of the respondent 3 in view of the definition of the immoveable property as provided in section 2(6) ..... become a confirming party, the right of the respondent 3 to enforce the contract for sale against the respondents 4 and 5 had been clearly abandoned in so many clear words and in order to avoid any future complication in ..... purports to transfer, assign, limit or extinguish right, title or interest in the property. section 54 of the t. p. act clearly declared that the contract for sale ofimmoveable property did not of itself create any interest in or charge on such property. when in a matter like this, the respondent had ..... position in this behalf inasmuch as no interest in any immoveable property had been created in favour of the respondent 3 by virtue of the said contract for sale and it was further submitted that the registering authority failed to appreciate the true scope and ambit of provisions of section 230a of the .....Tag this Judgment!