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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: allahabad Page 11 of about 142 results (0.037 seconds)

Feb 14 1924 (PC)

Muhammad Abdul Jalil Vs. Moti Ram

Court : Allahabad

Reported in : (1924)ILR46All509

..... was that the company was an illegal association inasmuch as it consisted of more than 20 persons and therefore violated the conditions of section 4 of the indian companies act of 1882 which prohibits the formation of an unregistered company in excess of that number. if, in our opinion, the appellant is wrong in that contention then the appeal must fail. the companies ..... exceed 20 if certain persons, presumably members of a joint hindu family and so found by the judge, were in fact separate and thus capable of being regarded as separate contracting parties. the learned subordinate judge considered all, the arguments put forward and came to the conclusion that the persons alleged to be joint were in truth joint and could be ..... ganeshi lal, in respect of whatever interest he happened to hold in the company through her as trustee. again, as regards moti ram, it is to be noted that the contracting person, in the first instance, was the same moti ram who had a personal interest in the company, and the appellant and har prasad were bound to account to him ..... and also one of agency--it is dated the 20th of august, 1910--and omitting for a moment the consideration of the legality or otherwise of the inception of the contract, the liability to account was in that agreement clearly provided for, nor is there any dispute as to the actual failure to deliver accounts throughout the period as to which .....

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May 08 1995 (HC)

Mehandi Hasan Vs. the State of U.P. and ors.

Court : Allahabad

Reported in : 1996CriLJ687

..... have discussed above must apply equally where such corporation is dealing with the public, whether by way of giving jobs or entering into contracts or otherwise, and it cannot act arbitrarily and enter into relationship with any person it likes at its sweet will, but its action must be in conformity with ..... on licence has to be formed by the state government. that can be done by the state government only on a consideration of facts relevant to formation of opinion and not on the basis of mere certificate or opinion of other authorities which do not disclose facts.15. in the present case, ..... are of the opinion that on release on licence, the convict will not lead peaceable life or will not abstain from crime.(3) the formation of the opinion by the state government as to whether or not the convict shall abstain from crime or lead peaceable life after release from ..... and the concerned authorities must always keep in mind the salutary object of the probation act and the rules as indicated in the body of the judgment and that consideration must always guide them in the formation of the opinion.'10. it is thus obvious that no state action can be sustained ..... court and of this court, authoritatively interpreting these provisions and categorically laying down the guidelines seem to pursuade. far less to compel, the authorities to act in accordance with law. the categorically directions of hon'ble supreme court and of this court that the reports of the concerned authorities, the probation officer .....

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Sep 13 1978 (HC)

Amar Nath Murarilal and ors. Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : (1979)9CTR(All)154; [1981]130ITR699(All)

..... circumstances of the case, the finding of the tribunal that the income-tax officer had jurisdiction to initiate the proceedings under section 34(1)(a) of the indian income-tax act, 1922, is right in law ? 2. whether, on the facts and in the circumstances of the case, the, finding of the tribunal that there ..... partnership existed.37. murarilal has confessed and had produced the partnership deed. the statement of murarilal, coupled with the partnership deed, was material relevant to the formation of the belief that a sub-partnership existed.38. in the result, all the questions referred to us in the three references are answered in favour of ..... he made a similar claim and the same was allowed. before the ito, he filed an affidavit that interest was paid on sums invested in the panagarh contract. the ito observed that full details of the persons to whom interest was paid had been furnished. in the circumstances the amount claimed as interest was ..... against the share income of rs. 33,217. deducting this, assessee's income from panagarh contract remains at rs, 25,048.' 26. in appeal relating to 1947-48, murarilal for the first time raised the plea that there were four other persons ..... to rs. 33,217, which shall be taxed in the assessee's hands. the assessee has claimed rs. 6,549 as interest paid on loans for panagarh contract and rs. 1,620 for expenses of travelling ; the total claim of the assessee thus is rs. 8,169 which is in order and is allowed .....

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Feb 24 2010 (HC)

Ms Tata Chemicals Limited, Babrala, Distt. Badaun Vs. Assistant Commis ...

Court : Allahabad

..... , infact, some reasonable grounds for the assessing authority to form such belief, it can take action under the section. reasonable grounds necessarily postulate that they must be germane to the formation of the belief regarding escaped assessment. if the grounds are of an extraneous character, the same would not warrant initiation of proceedings. 28. in addl. commissioner (legal) & anr. ..... not dispose any of them without the prior permission of the owner and return all surplus or unserviceable material that may be left with him after the completion of the contract or at its termination for any reason whatsoever........................... in the event of the breach of the aforesaid condition, the contractor shall in addition to throwing himself open action ..... at babrala in the district of badaun. the produced started in december, 1994. during the years 1991-92 to 1994-95 the factory was under construction. the petitioner had given contract for construction of factory building. the material supplied by the petitioner was taxed by the asstt. commissioner (assessment), trade tax, badaun-the assessing authority. the show cause notice for ..... case. in the present case the only ground urged to challenge notice under section 21 of the act is that there was detailed discussion in the assessment order and that since there was a stipulation in the contract for taking action against breach of contract, if surplus stores were not returned, the reduction of the surplus stores by the contractor and .....

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May 06 1994 (HC)

Raisa Begum and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1995CriLJ1067

..... rajendra prasad verma, it appears that a number of first information reports, if they could be so called were lodged by the police conveying the formation of a group for the purposes of carrying out foregery, impersonation and falsification of documents sometime also relating to courts. the matter was desired by ..... be controlling the discretion, of the authority or the court concerned.39. the principles of procedure to be adopted are laid down in legislative acts. they may be interpreted by the courts and may even in certain cases be struck down for being violative of the provisions of the constitution ..... of haryana 1970 cri lj 1900 (sc) pointed out thus (air headnote): 'inherent powers do not confer an arbitrary jurisdiction on the high court to act according to whim or caprice. that statutory power has to be exercised sparingly, with circumspection and in the rarest of rare cases. thus, the high ..... the only powers possessed by the court are those expressly conferred by the criminal procedure code, and that no inherent power had survived the passing of that act. no doubt, if no cognizable offence is disclosed, and still more if no offence of any kind is disclosed, the police would have no ..... except an approach independant, unbiased and without prejudices; and even these are not for or against individuals but even a presumption against the state or acts of public servants should not be allowed to weigh while dispensing justice. the touch stone will be 'if it would be right, just a2nd fair .....

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Apr 21 2011 (HC)

Smt.Sushma Tiwari and ors Vs. the State of Madhya Pradesh and ors

Court : Allahabad

..... recruited for the second time and discharged on- (a) completion of short-term engagement; (b) fulfilling the conditions of enrollment; (3) officers (military and civil) discharged on completion of their contract (including short service regular commissioned officers); (4) officers discharged after working for more than six months continuously against leave vacancies; (d) the general upper age limit shall be relaxable up ..... limit by more than three years. explanation.- the term ex.serviceman denotes a person who belongs to any of the following categories and who was employed under the government of indian for a continuous period of not less than six months and who was retrenched or declared surplus as a result of the recommendation of the economy unit or due to ..... court, in which he has clarified position and for ready reference his affidavit reads as under:- 2. that, on the date of formation of the state of madhya pradesh i.e. on 01.11.1956 the provisions of police act were applicable. at that time the recruitment to the posts of inspector, sub-inspectors, subedars, asstt. sub inspectors were governed by part ..... of lady sub-inspectors. (7) giving wrong information or hiding of any factual information in application form by the applicant shall be deemed to be a disqualification. on such act the candidate shall have not right of appointment or continue in service under the government and his service shall be terminated forthwith by the appointing authority without giving any notice .....

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Jul 31 1969 (HC)

Gur Bux Rai Har Bux Rai Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : [1970]75ITR350(All)

..... for a reference to the court. those applications were dismissed by the appellate tribunal. but upon applications under sections 66(2) of the indian income-tax act, 1922, this court directed the appellate tribunal to draw up a statement of the case and refer to this court the question arising ..... [1953] 23 i.t.r. 45 it was held by the bombay high court that selling agency business of a limited company in an indian state was not subject to excess profits tax by virtue of the third proviso to section 5 and, therefore, the provisions of section 10a could ..... the joint family as such during the relevant chargeable accounting periods section 10a has any application to the case ....it is thus manifest that the act can have no application to a business which did not make any profits during the relevant chargeable accounting period. in other words, if a ..... of a certain partnership was for avoidance of excess profits tax. arunachala nadar took up the matter before the supreme court in a number of appeals. these appeals were dismissed by the supreme court. it is true that the supreme court was not directly called upon to decide the question of applicability of section 10a of the act ..... act were the subject-matter of a series of references before the court. it was held by the madras high court that the karta was not entitled to claim the deficiencies of the old business which ceased on january 27, 1942. the high court held that the tribunal was right in coming to the conclusion that formation .....

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May 23 2003 (HC)

Dey's Medical Stores Limited Vs. Commissioner, Trade Tax

Court : Allahabad

Reported in : [2004]134STC14(All)

..... on its own motion' powers were withdrawn, and with effect from october 3, 1980, the present section 10 conferring the powers of second appeal after the formation of the trade tax tribunals, came into existence. my attention has also been invited to the two rulings of this court, in which this point has ..... as discount, provided that such discount is allowed in accordance with the regular practice of the dealer or is in accordance with the terms of the contract or agreement entered into a particular case and provided also that the accounts show that the purchaser has paid only the sum originally charged, less the ..... a view to promote one's own trade does qualify for deduction as a discount. further, in the case of commissioner, sales tax, u.p. v. indian farmers fertilizers co-operative ltd. [1993] 90 stc 23 (all.), the following observations have been made by honourable mr. b.p. jeevan reddy, the ..... may, for the purposes of satisfying itself as to the legality or propriety of any order, made by any appellate or assessing authority under this act, in its discretion, call for and examine, either on its own motion or on the application of the commissioner of sales tax the person aggrieved ..... give relief of additional tax of rs. 51.85, and though this mistake was rectifiable by the first appellate authority under section 22 of the act, but the applicant having already filed a second appeal before the tribunal, did not move application under section 22 before the first appellate authority in .....

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Feb 05 1998 (HC)

Harsh Vardhan Agarwal and ors. Vs. Director General, Indian Council of ...

Court : Allahabad

Reported in : (1998)2UPLBEC1423

..... so whether their transfers from mrc shahjahanpur to mrc madras are actuated by malice or ill-will entertained by the respondents on account of formation of employees union in the month of may, 1996. learned counsel for the petitioners painstakingly pointed out that in an earlier industrial dispute ..... to continue at shahjahanpur. in this connection, a reference may be made to the contents of para 14 of the counter affidavit. after the formation of the employees' union and passing of the impugned transfer orders, dr. r.n. prasad was humiliated, insulted and threatened with dire consequences ..... court was that such public duty need not necessarily be imposed by a statute; it can be imposed by common law, custom or even a statutory contract. in another division bench decision in this court in raghunath dwivedi v. vice chancellor, allahabad university and ors., reported in (1996) 2 uplbec ..... these functions were made over by the government to be discharged by icar. similarly, in b.s. minhas case (supra), indian statistical institute was governed by statistical institutes act and its composition, money required maintenance of accounts were under the direct control and supervision of the central government. in ah ..... of the council in the headquarters and in its permanent institutes. the employees appointed on a contract basis under the icmr are to be governed by the same rules as applicable to contract officers of the central government.6. on the strength of the above provisions, dr. r.g .....

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Nov 29 2006 (HC)

Smt. Sangita Yadav W/O Sri Rajesh Kumar Vs. General Manager, Indian Oi ...

Court : Allahabad

Reported in : 2007(2)AWC1814

..... sri i. islam who were the other two members of the committee, recorded the following findings in its report dated 15.11.2003:a. formation/declaration of committee was done much in advance contrary to ho policy guidelines in this regard. committee was formed & announced on 17.10.2003 for ..... was issued in favour of the petitioner, she filed a writ petition before this court for issuing a direction to the respondents to execute the contract in her favour. the said writ petition has been dismissed by us today as having become infructuous as subsequently, the said panel was cancelled ..... even though the panel had been prepared by the same selection committee.4. on the contrary, shri prakash padia, learned counsel appearing for the indian oil corporation submitted that immediately after the panel was prepared, large number of complaints were received; one member of the selection committee was found indulging ..... and not arbitrarily. in the instant case, when the chandigarh administration accepted the complaints and cancelled the select list, it cannot be said to have acted either arbitrarily or without bona fide and valid reasons.28. in the case of the state of haryana v. subash chandear marwaha and ors. : ..... process as condition precedent to cancelling the recruitment process. all that is expected of the competent authority in such a situation is that it would act in 'good faith' and take a 'bona fide' decision whether to scrap or not to scrap the recruitment. the decision should not be .....

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