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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: allahabad Page 13 of about 142 results (0.029 seconds)

Oct 28 1965 (HC)

Binod Mills Co. Ltd. Vs. Commissioner of Income-tax, U. P.

Court : Allahabad

Reported in : [1966]62ITR424(All)

..... nearly impossible, and wholly unwise.... they are not saying that the place of formation of the contract prevails against everything else. in some circumstances it may be so, but other matters-acts done under the contract, for example - cannot be ruled out a priori. in the case before the board the contracts were neither framed nor carried out in british india; the high courts conclusion ..... there is power to reject the goods and the rejected stores are to lie at the contractors risk. the payment is expressly agreed to be made by the chief auditor, indian stores department, new delhi, on a government treasury in india or on a branch of the imperial bank of india or the reserve bank of india transacting government business. it ..... specified therein.6. bill for the stores to be supplied in compliance with this order must be prepared in the special bill form obtainable from the nearest organisation of the indian stores department...7. payment in india to messrs nominated by you in your tender as your authorised agents will be a complete and final acquittance for supplies against this order ..... by the contractor(21). system of payment. - unless otherwise agreed between the purchaser and the contractor payment for the delivery of the stores will be made by the chief auditor, indian stores department, new delhi, by cheque on a government treasury in india or on a branch of the imperial bank of india or the reserve bank of india transacting government .....

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May 21 1987 (HC)

Food Corporation of India Vs. Commissioner of Sales Tax and anr.

Court : Allahabad

Reported in : [1988]69STC374(All)

..... manner of payment. it was further observed that a factory could reject goods after inspection which indicated not only freedom in the formation but also in the performance of the contract.50. the above observation of the honourable supreme court leaves no room for doubt that area of consensual arrangement did exist between ..... of goods on consignment account, to avoid the payment of sales tax on inter-state sales under the central sales tax act. while in the case of a works contract, if the contract treats the sale of materials separately from the cost of the labour, the sale of materials would be taxable, but ..... goods' as used in the entries in the seventh schedule to the constitution has the same meaning as in the sale of goods act, 1930. this decision related to works contracts.2. by a series of subsequent decisions, the supreme court has, on the basis of the decision in gannon dunkerley's case ..... the case of solar jung sugar mills ltd. air 1972 sc 87 was followed in this case and it was held that supplies made to the indian oil corporation by the oil and natural gas commission under the directions of the central government on a fixed price was 'sale'. their lordships of ..... as may be prescribed.(2) ...(3) ...(4) ...(5) ...5. the food corporation of india is a 'corporation' incorporated under the food corporations act, 1964 (central act no. 37 of 1964). as one of its functions it maintains a national pool of foodgrains. the different states have to make their contributions to this .....

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Nov 11 1974 (HC)

State of Uttar Pradesh Vs. Jai Singh Dixit

Court : Allahabad

Reported in : (1976)ILLJ246All

..... be physically observed and perceived to form the basis of the formal inquiry. since subjective consideration is eliminated, the mere hope or a mere theoritical formation of opinion that a formal inquiry will be held without any material basis for it being available is ruled out. one can say that when ..... the service required of him during a particular period. in other words the employer is regarded as issuing an order to the employee which because the contract is subsisting, the employee must obey.91. as i read the above observations extracted out from the judgment of the supreme court, the said ..... on behalf of the state that the appointing authority will be justified in ignoring the procedure prescribed by the department instructions if otherwise it has acted within the scope of the rule which confers a discretion to it of the widest amplitude has hardly any tenability. any departmental rule or instruction ..... final and while deciding the special appeals we can take into consideration the amended rule.20. section (5 of the u.p. general clauses act can be of no help as the section by itself provides that the provisions contained therein shall be applicable unless a different intention appears from ..... keeping in mind that frequent changes in the interpretation of law by the high court can cause injustice to persons to have acquired rights or have acted in accordance with the law laid down by the court. this principle was recognized in the text-book of jurisprudence by g.w. paton, third .....

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Dec 05 1950 (HC)

Ramkishan Sunderlal Vs. Commissioner of Income-tax, U.P.

Court : Allahabad

Reported in : [1951]19ITR324(All)

..... distinguished from repair, is reconstruction of the entirety, meaning by the entirety not necessarily the whole but substantially the whole subject-matter under discussion.'in the indian income-tax act the word 'repair' is further qualified by the word 'current' which would further restrict its meaning to petty repairs, usually carried out periodically and ..... the circumstances of the case, starch factory could be held to have commenced working in the year of account or was only in a state of formation ?'this question again does not raise any question of law, the tribunal held that as there was no entry of manufacture of any starch in the ..... on such material as was available to it, that the factory had not commenced manufacture in the accounting year and was only in a state of formation. in the circumstances, no such question as has been framed by the tribunal arises, nor does the question raise any point of law.question no. ..... and lodging of partners in the course of tours under taken by them for business purposes is an allowable expenditure under section 10(2) of the act ?'the only paragraph in the statement of the case which relates to this question is as follows :-'the income-tax authorities found that the partners ..... since it has been referred we may say that, in our view, the amount could not be deducted under section 10(2)(v) of the act.the third and fourth questions referred to us do not also raise any question of law. the third question is as follows :-'whether in the circumstances .....

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May 10 2005 (HC)

Laxmi Transport Co. and ors. Vs. Chief Operation Manager and anr.

Court : Allahabad

Reported in : 2005(3)ESC1685

..... court in such matter is very limited. the court will not normally exercise its power of judicial review in such matters unless it is found that formation of belief by the statutory authority suffers from malafide, dishonesty or corrupt practice, the order can be set aside if it is held to be ..... unescapable conclusion that the court cannot strike down the terms of the tenders prescribed by the competent authority merely because it feels that earlier term of contract could have served the purpose better or could be more fair. the court cannot interfere unless the policy decision is arbitrary or mala fide.20. ..... if it is so, then be it a policy decision or otherwise, it will be violative of the mandate of article 14 of the constitution.' 9. in indian railway construction co. ltd. v. ajay kumar, (2003) 4 scc 579, the supreme court held as follows :'it is trite law that exercise of power ..... disclose any discernible principle which is reasonable itself shall be labeled as arbitrary. every state action must be informed by reason and it: follows that an act uninformed by reason is per se arbitrary.'7. in bannari amman sugars ltd. v. commercial tax officer and ors., (2005) 1 scc 625, the ..... and substance is the heartbeat of fair play. actions are amenable, in the panorama of judicial review only to the extent that the state must act validly for a discernible reason, not whimsically for any ulterior purpose. the meaning and true import and concept of arbitrariness is more easily visualised than .....

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Feb 09 2007 (HC)

Uttar Pradesh Rajya Vidut Parishad Anusuchit Jati/Janjati Karmchari Ka ...

Court : Allahabad

Reported in : 2008(2)AWC1464

..... management of the electricity industry in the state in an efficient, economical and competitive manner and for matters connected therewith or incidental thereto.17. section 13 of the act of 1999 related to the formation and functions of the uttar pradesh power corporation limited (u.p.p.c.l.), wherein section 13(1) said that for the purposes of procurement, transmission and ..... managing directors/directors of the distribution and generating companies by office memo dated 11.11.2003. the aforesaid office memo says that appointments in the aforesaid companies, shall be on contract basis, which shall be initially for a minimum period of three years or till the incumbent reaches the age of 62 years or till further orders of the state government ..... , being of a tenure post, cannot be taken to be an appointment within the meaning of reservation act of 1994 in a public service. the fact that the appointments of managing directors/directors are made on contract basis, also excludes the applicability of the said act.28. for the aforesaid reasons, we do not find any merit in the writ petition or the ..... claim raised therein and the petition, being devoid of force, having been filed without placing even the correct provisions of the act, or the details of the margin capital .....

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Jul 18 2005 (HC)

A.H.S. Projects Pvt. Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR2005All299; 2005(4)ESC2460

..... ) :-'the jurisdiction of this court in such matter is very limited. the court will not normally exercise its power of judicial review in such matters unless it is found that formation of belief by the statutory authority suffers from mala fide, dishonesty or corrupt practice. the order can be set aside if it is held to be beyond the limits for ..... and unbudgeted expenditure.' 26. in sterling computers ltd. v. m & n publications ltd., : air1996sc51 the supreme court observed as follows :-'while exercising the power of judicial review, in respect of contracts entered into on behalf of the state, the court is concerned primarily as to whether there has been any infirmity in the 'decision making process'.by way of judicial review ..... light of wednesbury and ccsu tests. the choice of the options available is for the authority; the court/tribunal cannot substitute its view as to what is reasonable.'22. in indian railway construction co. ltd. v. ajay kumar, : (2003)iillj150sc the supreme court held as follows :-'it is trite law that exercise of power, whether legislative or administrative, will be ..... not, however, mutually exclusive. thus, discretion may be improperly fettered because irrelevant considerations have been taken into account; and where an authority hands over its discretion to another body it acts ultra vires. nor, is it possible to differentiate with precision the grounds of invalidly contained within each category'.18. in state of u.p. v. renusagar power co., : air1988sc1737 .....

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Dec 22 2006 (HC)

Ram Shree Steels Pvt. Ltd. and anr. Vs. Dakshinanchal Vidyut Vitran Ni ...

Court : Allahabad

Reported in : 2007(1)AWC851

..... registered after scrutiny, it is, in our view, mandatory for b.i.f.r. to conduct an inquiry. if one looks at the format of the reference as prescribed in the regulations, it will be clear that it contains more than fifty columns regarding extensive financial details of the ..... the scheme, the board may by order declare with respect to the sick industrial company concerned that the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force, to which such sick industrial company is a party ..... to such companies and the expeditious enforcement of the measures so determined and for matters connected therewith or incidental thereto. the object of the act appears to be to afford maximum protection of employment, optimize the use of financial resources, salvaging the assets of production, realizing the amounts ..... of collapse, as such, they moved before the board for industrial and financial reconstruction under the provisions of sick industrial companies (special provisions) act, 1985. the board was pleased to declare the petitioners' unit as sick unit and accordingly preparation of a rehabilitation package is in the offing ..... cannot be said to be a overriding effect of section 22 of the sick industrial companies (special provisions act) 1985. section 22 is being quoted below:22. suspension of legal proceedings, contracts, etc.--(1) where in respect of an industrial company, an inquiry under section 16 is pending .....

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May 25 2007 (HC)

Shahroj Anwar Khan Vs. State of U.P. and anr.

Court : Allahabad

Reported in : [2007(114)FLR862]

..... in para 7 of his order, held that mere passing of an order under rule 17(1)(a) did not absolve the respondents from indicating the formation of opinion that the order had been passed in contemplation of an inquiry, without indicating the same in the order itself. for that reason, he interfered ..... to suspend or dismiss.--where/by any (central act) or regulation, a power to make any appointment is conferred, then, unless a different intention appears, the authority having (for the time being) power ..... air 1979 sc 429 the apex court, again observed at the end of ipara 18 'moreover, according to the principle underlying section 16 of the general clauses act, the expression 'appointment' used in article 16(1) will include' termination of or removal from service also'. that was in the context of a civil appeal ..... is, of course, subject to the rules in that behalf. it will not be out of place to mention that section 16 of the general clauses act, 1897, specifically provides that power to appoint includes power to suspend or dismiss. this section provides as follows:16. power to appoint to include power ..... that the power to suspend is not an implied term in an ordinary contract between master and servant, and that such a power can only be a creature of a statute governing the contract, or of an express term in the contract itself. in the present case, that problem does not arise since the .....

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Sep 11 2013 (HC)

M/S. Santkripa Trading Co. Administrative Office and Others Vs. Bank o ...

Court : Allahabad

..... bidder is forbidden to participate in the process of sale. instead of a physical auction at the spot, it is virtual auction in the electronic format. the advantage of e-auction is that every bid is recorded within a specified slot and is free from the errors, which may be committed ..... in the process unhampered by any kind of threat and pressures which were being frequently noticed by the state government in the process of grant of contract and the lease." learned counsel for the petitioners has placed reliance on the division bench judgment of punjab and haryana high court in dr. mandeep ..... vs. union of india, air 2000 sc 3689, captain sube singh and ors vs. lt. governor of delhi and ors, (2004) 6 scc, 440, indian banks association, bombay and ors. vs. m/s devkala consultancy service and ors, (2004) 11 scc, 1 and a judgment of the punjab and haryana high ..... auction). the said instructions were challenged. the sale by presiding officers of the debt recovery tribunal is to be conducted in accordance with the income tax act, 1961 and also income tax (certificate proceedings) rules, 1962. rule 56 of the rules contemplates sale by public auction. the division bench of the ..... mortgaged assets in exercise of power under section 13 (4) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter called the "act, 2002"). brief facts giving rise to this writ petition are: on an application made by the petitioner no.1 through petitioner no. .....

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