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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: allahabad Page 10 of about 142 results (0.077 seconds)

Oct 07 1987 (HC)

Sheetgrah Sangh, U.P., Kanpur and anr. Vs. State of Uttar Pradesh and ...

Court : Allahabad

Reported in : AIR1988All79

..... can be exercised only in public interest and it would be entirely wrong to suppose that the power could be exercised only on the formation of the opinion that the charges fixed by the government under section 29 are inadequate or excessively low. the learned advocate general rightly argued ..... them would be the same as prescribed by law. after having obtained the licence or renewal thereof on such a representation they also entered into contracts with the hirers agreeing to accept the prescribed rental or charges. that being so, it was urged, they are clearly estopped from claiming a ..... average of those cold storages only whichhad 100% occupancy, namely, hari cold storage (10.92 units), ramji mal cold storage (8.21 units) and indian cold storage (8.41 units). the average of these three works out to 9.20 which has been rounded off by the advisory board to nine ..... february 19, 1987 issued by the- state government in exercise of its powers under section 29 of u. p..regulation of cold storages act, 1976 (the 'act', in brief) fixing the maximum hiring charges which a licencee may charge for storing potatoes in the cold storage including any other service rendered ..... would mean encouragement of the growth or proliferation of the cold storages or any other action which may subserve the dominant object of the act preservation of agricultural produce which includes potatoes ensuring continued availability of the produce to the community at large throughout the year and mitigation of hardship .....

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May 26 1999 (HC)

Hem Raj Mittal and ors. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2000CriLJ561

..... will think about the second marriage of applicant no. 10. the allegations of paras 4 to 14 of the. affidavit were false and concocted and the first in-formation report dated 4-11-1996 was based on true facts. the petitioners had lodged a false complaint against complainant and her family members at p. s. shalimar ..... have filed copy of the said petition which was filed on 31-10-1996 along with the copy of the order sheet which is annexure-ra-2 being hma no. 783 of 1996. the order was passed on 4-11-1996 in this petition permitting the petitioner to withdraw the petition with permission to file a ..... it was further stated that applicant no. 10 has never claimed himself to be a chemical engineer or owing any chemical factory. it was also stated that hindu marriage act case no. 783 of 1996 was filed on 31-10-1996. the said petition came up for hearing before smt. urmila, additional district judge, delhi on 4 ..... alleged that the first information report is the result of divorce petition. as a matter of fact divorce petition was filed on 15-11-1996 being hindu marriage act case no. 903 of 1996. it was reiterated that since after the marriage applicant no. 10 and his family - members-have been making constant de mand ..... in annexure 7 against all the applicants under sections 323, 498a, 506, 406 and 307 read with section 34, i.p.c. and 3/4 d.p act.2. the allegations in the first information report are that the first informant was married to the applicant no. 10 on 16-7-1991. after the marriage .....

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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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May 14 1919 (PC)

Puran Mal Vs. Ford and Macdonald and Company, Ltd.

Court : Allahabad

Reported in : AIR1919All440; 52Ind.Cas.373

..... was carrying on for the plaintiffs, so near to muttra that it is impossible for anybody to say that within the meaning of section 88 of the indian trusts act of 1882 his interest might not become adverse to messrs. ford and macdonald and co., ltd. to put the matter plainly messrs. ford and mac-donald ..... of which was devoted to the making and selling of bricks. while it remained in its original form as a firm and for some two years after the formation of the limited company, the present appellant, who was sued by the plaintiff company, was their agent to manage the saharanpur branch and others. there were ..... it is clear law that the liability of an agent for a specific sum in his hands, such as pecuniary benefit mentioned by section 88 of the indian trusts act or any other money earned or stolen by' him in his capacity as agent and which the law makes him liable to pay over to his employer ..... and messrs ford and macdonald & co., ltd., in preference to suing him for damages have chosen to claim under the provisions of section 88 of the trusts act the profits which he may have made in the business. i do not see how by any possible reasoning the profits of the bindraban business could be considered ..... arises out of mixed considerations, and we are not prepared to say that it may not come within the definition contained in article 90 of the limitation act. it may well be described as a suit by the principal against the agent in respect of either misconduct, or at any rate neglect of his master .....

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Sep 07 2012 (HC)

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... agreement-doug-lass vs. w.l. williams art co. 85 s.e. 993, 143 ga. 846-contracts 1." 163. under the indian contract act, 1872 (in short the contract act), section 10 provides that all agreements shall be contracts in case made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object and not expressly declared to be void. for ..... carrier or bailee i.e. at the time of appropriation. 117. in view of section 6 of the c.s.t. act a declaration furnished by the assessee with regard to movement of goods within prescribed time in the prescribed format along with evidence with regard to dispatch of goods shall be deemed to be result of inter-state sale. the dealer ..... attempted which should cover these operative facts, it would require compressing the entire law relating to the formation of contracts into a single sentence. samuel williston. a treatise on the law of contracts at 1-2 (walter h.e.jaeger ed. 3d ed. 1957)/ the terms contract is also used by lay persons and lawyers alike to refer to a document in which the ..... gadimoga in pursuance to the conditions contained in gspa. in view of section 7 of the vat act, the state government may not impose tax to a sale or purchase taking place outside its territory. 142. the agreement with rgtil which is in common format reveals that the rgtil i.e. transporter operates gas pipeline system in india from kakinada in the .....

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Mar 29 2010 (HC)

Jai Prakash Associates Limited Thru Rahul Kumar Vs. State of U.P. Thru ...

Court : Allahabad

..... may exercise power in public interest in a reasonable manner in accordance to spirit of constitution. it may not exercise its power on unfounded ground or having no basis for formation of the opinion with regard to public interest calling for withdrawal or modification of exemption notification (para 10).97. in : 2006 (8) scc 702, mrf ltd. kottayam v. ..... in promissory estoppel go to future intent, while equitable estoppel involves statement of past or present fact. further the equitable estoppel lies in tort, while promissory estoppel lies in contract. the major distinction between equitable estoppel and promissory estoppel is that the former is available only as a defense, while promissory estoppel can be used as the basis of a ..... confucius (551-479 b.c.) has rightly said, to quote, by nature men are alike. through practice they have become far apart.119. shri shashi tharoor, is currently an indian minister of state for external affairs, in his celebrated book india: from midnight to the millenium expressed his concern with regard to rampant corruption in our system. in case a ..... fashion.35. in this 21st century, when there is global economy, the question of faith is very important. government offers certain benefits to attract the entrepreneurs and the entrepreneurs act on those beneficial offers. thereafter, the government withdraws those benefits. this will seriously affect the credibility of the government and would show the short-sightedness of the governance. therefore, .....

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Jul 19 1933 (PC)

Shiam Lal J. Dewan Vs. Official Liquidators of the U.P. Oil Mills Co., ...

Court : Allahabad

Reported in : AIR1933All789; 145Ind.Cas.893

..... the company by the official liquidator. a somewhat similar rule has been provided for by the legilature in section 235 of the indian act by sub-section (3) the indian act lays down:the limitation act, 1908, shall apply to an application under this section as if such application were a suit.44. though there was ..... purpose runs as follows:1. where, in the ease of winding up a company it appears that any person who has taken a part in the formation or promotion of the company, or any past or present director, manager or liquidator, or any officer of the company, has misapplied, retained or become ..... 116 does not apply because from the very nature of the case, the remedy is being sought not on account of the breach of any particular contract as those articles contemplate. we may note here that if article 115 were applicable at all, article 116 would have applied inasmuch as the 'articles of ..... into his custody all the property and effects, etc., of the company (section 178, clause (1)). it will be noticed that there is a vast contract between the position of an official liquidator and the position of a receiver in insolvency. in the receiver in insolvency, the property of the insolvent is vested ..... place. under article 90 time begins to run when the neglect or misconduct becomes known to the plaintiff; under articles 115 and 116, when the contract is broken or the breach in respect of which the suit is instituted occurs. under article 120, limitation begins to run from the date when the .....

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Mar 29 1923 (PC)

Lala Fakir Chand Alias Kullo Mal Vs. Nanug Ram and ors.

Court : Allahabad

Reported in : AIR1924All277; 74Ind.Cas.721

..... was dissolved by the death of narain das on the 23rd of october 1903. the law on the subject is contained in section 253(10) of the indian contract act, ix of 1872. the law itself is simple enough: whether the partnership be regarded as one entered into for the term of the minority of faqir ..... later (october 23rd, 1905), on the death of narain das, be' operation of the principle of law embodied in section 353, clause (10), of the indian contract act, ix of 1872. he has held that all the defendants, other than the heirs of narain das, are exempt from liability so far as this suit is ..... which would be automatically dissolved by his death.40. for these reasons i am of opinion that ft contract to the contrary, within the meaning of that expression in section 253(10) of the indian contract act, may fairly be inferred from the established facts of the present case and that the partnership did not ..... on exhibit c which purports to be his, he admitted that the hand-writing was very like his own and that it was only in the formation of the letter dal (the abbreviation for the word dastkhat, which precedes the signature) that he could detect any definite divergence in the form of the ..... in immoveable property of the value of more than rs. 100, within the meaning of these words as they appear in section 17(1) of the indian registration act, xvi of 1908. apart, therefore, from other considerations, the non-registration of this document makes it inoperative in so far as it purports to affect .....

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May 28 2010 (HC)

O.P. Sharma Vs. U.P. Awas Avam Vikas Parishad and ors.

Court : Allahabad

..... court on the basis of irrelevant consideration and caused substantial failure of justice?(b) whether any oral evidence was admissible for contents of document in view of section 59 of indian evidence act?(c) whether burden of proof has wrongly been fixed upon the plaintiff to produce evidence in respect of delegation of power either by housing commissioner or by housing board ..... that there was no illegality or infirmity in the auction proceedings and allotment of the plot in question to the plaintiff-appellant. the terms and conditions, circulated on the printed format, did not stipulate any such condition that the auction was subject to approval by the housing commissioner. the paper no. ka-2 was admitted to the respondents as it was ..... plaintiffappellant, the plot in question is still lying vacant. thus, the plaintiff-appellant is entitled to have possession of the plot in question meant for cinema hall after executing proper contract/agreement as required by the board.23. the judgments relied upon by the learned counsel for the plaintiff-appellant supports case of the plaintiff-appellant.24. the judgments relied upon ..... first appellate court and the findings recorded thereupon are unassailable. according to sri a.p. srivastava, learned counsel for the respondents the auctioning officer was not empowered to award the contract. the terms and conditions of auction were given in the printed booklet. these were made known to the bidders at the time of auction. he has also highlighted the .....

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May 31 1926 (PC)

Mewa Ram Vs. Ram Gopal and ors.

Court : Allahabad

Reported in : AIR1926All591

..... other defendants have submitted to the decree. it cannot be doubted for a moment that this partnership contravened the provision of section 4 of the indian companies act which requires that any company or association or partnership, consisting of more than 20 persons formed for the purpose of carrying on any business that ..... the association and would, therefore, render section 4 a nullity, because if such a precedent were once established i can see nothing to prevent the formation of an unlimited number of such associations consisting of more than 20 persons carrying on trade for the purpose of gain, any one of the members ..... comprehensive maxim to which the present remarks are appended.50. if, said buller, j., a party comes into a court of justice to enforce an illegal contract, two answers may be given to his demand: the one, that he must draw justice from a pure fountain, and the other, that potion est ..... and the profits or losses of this trade association were to be borne in agreed proportions. it is admitted that this document contains and regulates the contract between the parties. it is admitted that this association was 'an association of partnership' consisting of more than 20 persons' formed for the purpose ..... this was.20. mellish, l.j., though agreeing that the solicitors who must be taken to have been fully aware of the illegality of the contract, suggested that he was not without a remedy. he observed.i should wish, as far as i am concerned, to keep the question open whether .....

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