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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: allahabad Page 1 of about 142 results (0.066 seconds)

Aug 28 1959 (HC)

U.P. Government Through the Collector, Cawnpore Vs. Lala Nanhoo Mal Gu ...

Court : Allahabad

Reported in : AIR1960All420

..... of the executive engineer dated 26-8-1944 records an acceptance of the plaintiff's aforesaid offer. the offer and acceptance of the promise would constitute an agreement under the indian contract act, and we think that the plaintiff would be entitled to damages for breach of that agreement if it could be held that the agreement was enforceable against the defendant.18 ..... the executive engineer to do so. the erroneous assumption of the parties amounted to a mutual mistake of fact and the leases were, therefore, void under section 20 of the indian contract act.9. before examining the merits of the arguments of learned junior standing counsel on this point, we would like to point out that the written statement has inaccurately used the ..... whether the agreements in the instant case were void on account of a common mistake of fact committed by the contracting parties at the time of the formation of the contract.10. at the time of the formation of the contract the subject-matter of the contract was in existence. the plots in dispute were there and the leases of the sitting tenants were to expire ..... expression 'mutual mistake'. mistakes in the formation of contracts may be of three kinds, namely, unilateral mistake, mutual mistake and common mistake. in a case of unilateral mistake only one of the contracting partiesis mistaken and the other knows of his mistake. its consequence is that the .....

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Jul 01 1909 (PC)

Angad Singh Vs. Srinath Das

Court : Allahabad

Reported in : 3Ind.Cas.403

..... the acceptors renders the fusion of a and b into one juristic person indispensable. such an incorporation, however, is not enough for the formation of the contract which creates a joint liability. the acceptance has to be expressed so that the contract may be formed. but a juristic person is incapable of giving expression to an acceptance or of doing any other executive ..... are present inasmuch as a joint act by two or more natural persons, without the formation of one juristic person which is represented by one natural person, is, as has already been shown, inconceivable. this leads me to remark that the expression when two or more persons make a joint promise 'in section 43 of the indian contract act, cannot be taken to mean that ..... to be done by a corporation. the correct and comprehensive proposition ', says sir frederick pollock, in his principles of contract p. 117, 7th edition, 'is that a corporation can do no executive act except by an agent and a corporate seal is only one way of showing that the person entrusted with it is an authorised agent of the corporate body '. the ..... a joint promise can proceed from them without their fusion into one juristic person who is represented by one natural person. the expression states the net result and does not go into the process which brings about that result.5. having analysed a joint contract and set forth the three .....

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Dec 01 1955 (HC)

State of Uttar Pradesh and ors. Vs. Kanhaiya Lal Makund Lal Sarraf

Court : Allahabad

Reported in : AIR1956All383; [1956]7STC579(All)

..... of a contract, section 21 enacts that that contract is not for that reason voidable. if money is paid under that contract, it cannot be said that that money was ..... apply to the case of claim against 'the state' as the 'state' is not a 'person' within the meaning of section 72, indian contract act. whether or not the ruling of the privy council is binding on this court after the commencement of the constitution. i am in respectful ..... 'jagadish prosad v. produce exchange corporation ltd air 1946 cal 245 (i), it was held that the word 'mistake' in section 72, indian contract act included not only a mistake of fact but also a mistake of law and if was further pointed out that this section did not conflict with ..... respondent firm contended that the principle upon which the advocate general relies has no application in india; it founds its claim on section 72, indian contract act which provides that a person to whom money has been paid' or any-thing delivered, by mistake or under coercion, must repay or ..... contract. the privy council settled the law ultimately when it held in , that the word 'mistake' in section 72 includes a mistake of law and that money paid under a mistake of law could be recovered and that that section does not conflict with the provisions of section 21, indian contract act. said their lordships: 'if a mistake of law has led to the formation .....

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Mar 10 1933 (PC)

Nihal Chand Shastri Vs. Dilawar Khan and ors.

Court : Allahabad

Reported in : AIR1933All417

..... the law relating to contracts, but it is undoubtedly an authoritative statement of the chief rules relating to the formation, ratification and discharge of all agreements enforceable by ..... whole of british india. that act does not profess to be a complete code dealing with every branch of ..... the sake of argument, that act 21 of _1926 does not apply to 'acting' in criminal proceedings and we must then consider what law applies to the agreement as a whole, leaving that act altogether out of consideration.28. in my opinion, the law which the courts are bound to apply is the general law of contract, enacted in the-indian contract act, 1872 which extends to .....

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Aug 30 2005 (HC)

M.K. Gandhi and ors. Vs. Director of Education (Secondary) and ors.

Court : Allahabad

Reported in : 2005(4)ESC2265

..... secondly, whether rule 9(i) which permitted the termination of service of even a confirmed employee after three months notice was void under section 23 of the indian contract act and article 14 of the constitution. the court held that the rule 9(i) was arbary, unreasonable and violative of article 14 of the constitution.50 ..... parties by an agreement or deemed to be adopted by them and agreement to be in the same format as appendix-ill of the affiliation bye-laws as held in this case--are merely private contract between the schools arid the teachers. they do not have statutory force. the writ petition is not ..... the schools--where n.o.c. and the affiliation has already been granted--frame service rules and enter into agreement with the teachers in the correct format; failing which their n.o.c. may be cancelled and affiliation may be withdrawn.(iii) the board may intimate to the schools affiliated to it ..... be adopted as service rules by the d.p.s. school and the agreement between the parties shall also be deemed to be in the same format as appendix-iii to the affiliation bye-laws. are the bye-laws and the agreement statutory? in this connection, let's consider rajasthan state road ..... chapter ii is titled 'staff and service conditions'. this mandates that there has to be well defined service conditions and agreement between the parties in the format given in appendix-ill to the affiliation bye-laws.25. chapter vii of the affiliation bye-laws are titled as 'service rules for employees'. bye-law .....

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Mar 04 1952 (HC)

inderchand Hari Ram Vs. Commissioner of Income-tax and C.P. and Berar

Court : Allahabad

Reported in : AIR1952All706; [1952]22ITR108(All)

..... continuous management of the affairs of the company was precisely the business of the assessee-firm which was one of the purposes of its formation under the indian partnership act. in this case, therefore, there was a continuity of the business of the firm.secondly, even a single venture can sometimes constitute ..... articles of association do not give any indication that the assessee firm was being appointed managing agents as servants and not merely as agents under a contract. in this case, therefore, a consideration of 'the documents appointing the assessee as managing agents of messrs. shankar sugar mills, limited, does not ..... affairs of a company, andincludes a director or any other person occupying the position of a manager by whatever name called and whether under a contract of service or not.' it is clear that there are only two main distinctions between a manager and a managing agent. the chief distinction ..... or a long-undertaking, but to any separate commercial adventure in which people may embark, this was a contract which came within section 2, sub-section 3(d), of the act with the liabilities imposed in such cases and possibly in accordance with a decision in the court of appeal ..... 'in the case of a director there may be special terms in the articles of association, or there may be an independent contract which may bring about contractual relationship between the company and the director and constitute the director an employee of the company; but independently of such special .....

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Nov 30 1967 (HC)

Agarwal and Co. Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : [1968]68ITR673(All)

..... facto become partners in the business so as to clothe them with all the rights and obligations of a partner as defined by the indian contract act. in such a case the family as a unit does not become a partner, but only such of its members as in fact ..... representative making a group of individuals, such as a joint family, a partner at all as defined by section 4 of the partnership act. the contract of partnership, moreover, cannot be entered into between groups of persons as entities with changing membership such as hindu joint families are. ..... section are ' where two or more such joint families form a partnership '. it is not possible to say that because under the contract act and the partnership act two or more joint families as such cannot form a partnership, therefore, the words mentioned above are surplusages. as pointed out earlier ..... this provision came on the statute bookin 1936, buteven before that the position was clear that a partnership is a creature of contract and for its formation sentient beings or juristic persons or legal entities were required and a mere association of individuals like a hindu undivided family could ..... not form a partnership. the legislature knew this legal position yet in 1936 thought it fit and proper to use the words ' where two or more such joint families form a partnership ' in section 4(3) of the act .....

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Apr 08 1996 (HC)

Kamlesh Singh Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Reported in : 1997CriLJ2705

..... constitution was preserved by article 225 and by articles 226 and 227 an extraordinary jurisdiction was conferred on it to ensure that the subordinate authorities act not only in accordance with law but they also function within the framework of law. that jurisdiction of the high court has not been taken ..... 25. the supreme court happened to examine the scope of article 226 of the constitution of india of bail application in terrorists and disruptive activities (prevention) act in kartar singh v. state of punjab, (1994)2 jt 423 : (1994 cri l j 3139) and observed that:the power given to high ..... and attain maximum happiness. people want to attain this object entered into contract with the government and surrendering limited sovereignity. a person has a fundamental right to live and has no right to die under article 21 of the indian constitution. when a person dies unnatural death i.e. may be on ..... 167, cr. p.c. is fifteen days and during this process police officer make frequent use of provision of section 27 of the evidence act and section 8 is also resorted. the legislature now has provided maximum period of putting of challan sixty days if the investigation does not relate ..... its wisdom found to enact narcotics drugs and psychotropic substances act, 1985 and terrorists and disruptive activities (prevention) act, 1987 to meet the challenge and made drastic provision not to release the accused on bail to curb the crime.10. the idea of formation of a state by the people is to protect their .....

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Jul 29 2011 (HC)

Kainash Ram Kochar Vs. State of U.P. and Others

Court : Allahabad

..... of law having jurisdiction in relation thereto, the same remain binding. it is one thing to say that agreements are void or voidable in terms of the provisions of the indian contract act having been obtained by fraud, collusion, etc, or are against public policy but it is another thing to say that without questioning the validity thereof, the respondents could have maintained ..... not necessary to comply with the provisions of article 299 of the constitution of india. an agreement between the parties need not furthermore be strictly in terms of a prescribed format. 18. keeping in view the fact that the condition precedent for maintaining application for reference under section 18 is non-acceptance of the award by the awardee, in our ..... in view of the discussion made by the land acquisition officer in the award and working details given in the annexures made therein, it is clear that the parties having contracted to receive compensation the question emerges whether they are entitled to seek a reference. on making an award under section 11 and issuance of the notice under section 12 of ..... protest and some accepted without protest. the apex court made following observations in paragraph 5: ....inasmuch as the appellants have filed an application for reference under section 18 of the act that wil manifest their intention. therefore, the protest against the award of the collector is implied notwithstanding the acceptance of compensation. the district judge and the high court, therefore, .....

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Apr 08 1977 (HC)

K.D. Pandey Vs. Commissioner of Wealth-tax

Court : Allahabad

Reported in : [1977]108ITR214(All)

..... ] 1 cal 191, a division bench of the calcutta high court referred to section 239 of the indian contract act and section 14 of the indian partnership act andhold that under the provisions of those two acts for the purpose of bringing the separate properties of a partner into the stock of the firm it ..... the entire building and that the entire value thereof should be included in his net wealth. 6. section 14 of the indian partnership act, 1932, reads: '14. subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the ..... a division bench of the madras high court held that when a partner brings in certain items into the partnership at the time of its formation, such items become the property of the partnership and that such change of ownership is brought about not by any transfer, but by the very ..... as such, then by virtue of the provisions of the contract act and the partnership act, the properties become the properties of the firm and that this result is not prohibited by any provision in the transfer of property act or the indian registration act. 12. a similar view was taken by a division ..... building was transferred by the assessee to the partnership firm under an instrument of conveyance, such instrument should have been registered under the registration act in order to constitute a valid transfer. it is undisputed that in the present case there was no instrument under which the assessee purported .....

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