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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: allahabad Page 9 of about 142 results (0.082 seconds)

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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May 16 1958 (HC)

Ram Nandan Vs. State

Court : Allahabad

Reported in : AIR1959All101; 1959CriLJ1

..... public manifestation or expression of such a right might have the effect of driving these forces underground. it might result in the formation of secret societies and commission of acts leading to violence, public disorder and insecurity of state. from this point of view, it is argued that the suppression ..... argued, that the introduction of the phrase 'in the interests of public order' has the effect of validating section 124-a of the indian penal code, because every act which constitutes an offence under section 124-a, i. p. g., has an inherent tendency to disturb public order. as, however, for ..... for nothing more, but we can be satisfied with nothing less.' (vide donogh p. 70) the bill amending section 124-a, indian penal code was then passed as act iv of 1898. amongst other changes, the new amendment added the words 'hatred or contempt' to the word 'disaffection* as constituting ..... it could be said that the restriction was in the interest of public order. their lordships further emphasised that section 295a of the indian' penal code punished an aggravated form of insult to religion when it is perpetrated with the deliberate and malicious intention of outraging the religious ..... by the word 'disaffection'. 41. in : 1957crilj1006 , their lordships of the supreme court were considering the constitutionality of s. 295a of the indian penal code and were considering whether, by that section, a reasonable restriction in the interest of public order had been placed by the legislature on .....

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May 19 2005 (HC)

Vishal Properties (P) Ltd., Through Its Director Shri Rakesh Aggarwal ...

Court : Allahabad

Reported in : 2005(3)ESC1690

..... 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 ..... n publications ltd and ors., air 1996 sc 51 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', .............. ..... . the choice of the options available is for the authority; the court/tribunal, canot substitute its view as to what is reasonable. ' 18.in indian railway construction co. ltd. v. ajay kumar (2003) 4 scc he the supreme court held as follows- 'it is trite law that exercise of ..... 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'. 14. in state of u.p. ..... found that the petitioner, had violated the building bye-laws and directions and the terms and conditions set out in the lease deed which act was prejudicially affecting the proper planning and the amenities of the industrial development area. this was against the interests of the general public and, .....

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Jul 30 2003 (HC)

Zuari Estate Development and Investment Co. (P) Ltd. Vs. J.R. Kanekar, ...

Court : Allahabad

Reported in : (2004)191CTR(All)189

..... previous year ending 31st march, 1948, relevant to the asst. yr. 1948-49. the apex court held in that case that before section 12b of the indian it act, 1922, could be attracted, title must pass by any of the modes mentioned in section 12b, that is, sale, exchange or transfer. 'transfer' therein ..... on record for the ao to form the requisite belief and the reasons for the belief have a rational nexus or a relevant bearing to the formation of such belief and are not extraneous or irrelevant for the purpose of that section.16. therefore, having considered the law as it stands, the ..... (5) the transferee should have taken possession of the property; and (6) the transferee should be ready and willing to perform his part of the contract. in mool chand bakhru's case (supra) the apex court was considering whether certain letters exchanged between the parties would amount to an agreement to sell ..... section 2(47). the learned division bench noted that in order to attract section 53a the following conditions need to be fulfilled : (1) there should be a contract for consideration; (2) it should be in writing; (3) it should be signed by the transferor; (4) it should pertain to transfer of immovable property ..... for the following reasons, namely, that for a valid agreement under section 53a it must be signed by the transferor, rt should be a contract for consideration, should be in writing and the transferor should deliver possession subsequent to the agreement for sale. reliance for that is placed on the .....

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Mar 25 1965 (HC)

Commissioner of Income Tax Vs. Smt. Shyamo Bibi

Court : Allahabad

Reported in : AIR1967All82; [1966]59ITR1(All)

..... interest for the period 22-12-1953 to 31-12-1953 and rupees 3,038 were said to be interest for 1954. there was no contract for payment of interest between the assessee and om nath and the assessee out of her own free will credited his account with the amount of ..... invested by his sons in the partnership. the learned judges were influenced by 'the contemporaneous formation of a partnership between the donor and the donees' in holding that there was a valid gift. they relied upon the case of south indian lucifer match works, : [1961]43itr319(mad) . the distinguishing feature of the case ..... om nath about the giving and the taking, i.e. professes to be evidence of the alleged giving and taking and does not itself constitute the acts of giving and taking and is useless without a subsequent actual delivery. hajee abdul kareem and sons v. commissioner of income-tax : air1964mad239 was ..... deposited it in her grand-mother bank or that she ever accepted the gifts, nor did brijcomari make herself the bailee of mahadevi by any unequivocal act changing the character of her own continuous possession. no accounts were rendered and no correspondence passed. brijcomari always retained the power to cancel all that ..... ,000 by the assessee to om nath and that consequently there had been no gift within the meaning of section 123 of the transfer of property act. from these findings he had concluded that the deduction of rs. 150/- had been rightly disallowed. before him also the question whether the deduction .....

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Oct 28 1986 (HC)

Trivikram NaraIn Singh and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1987All362

..... philosophy shows that from time to time saints and religious reformers attempted to remove from the hindu thought and practices elements of corruption and superstition and that led to the formation of different sects. buddha started buddhism; mahavir founded jainism; basava became the founder of lingayat religion, gyaneshwar and tukaram initiated the varakari cult; guru nanak inspired sikhism; ..... clause (c) religious protection and freedom has to be complete but not above public interest. permitting sale or use ofintoxicants is against religious concept. it is shocking to the indian culture and its ethical outlook. even otherwise its use in religious ceremonies is not prohibited. it is covered under section 14. 16. another major attack was on the ..... 24, 25, 29, 30were challenged because they vested theadministration and control over the institutionand its funds in government which wascontrary to article 26. it was urged that signingof contract by government violated clause (d) of article 26. power of inspection by stategovernment under section 32 was also challenged.it was urged that if provisions of the ..... with religious affairs.learned counsel submitted that appointmentof chief executive officer under section 17 of theact by the state government withoutconsulting the board was invalid. it was urgedthat the act does not furnish any guideline ifsuch a person shall not be other than hindu.according to learned counsel the chiefexecutive officer was responsible under section 17(1) for .....

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Aug 27 1954 (HC)

Ram Manohar Lohia Vs. the Supdt., Central Prison, Fatehgarh and anr.

Court : Allahabad

Reported in : AIR1955All193; 1955CriLJ623

..... . ii, page 243.under the first head come the offences of treason, unlawful assemblies, levying of war and rebellions and under the second head come formation of secret societies, seditious conspiracies and libel. in his commentaries on the laws of england, 21st edn. 4th volume, he includes in crimes against public ..... form of public disorder as is likely to endanger the security of the state.16. 'public order' is not defined anywhere. chapter viii of the indian penal code bears the heading 'offences against the public tranquillity' and contains sections 141 to 160 which punish offences of unlawful assembly and affray. stephen ..... , it should be applicable in the case of punitive detention also to any one sentenced to a term of imprisonment under the relevant section of the indian penal code.'that argument was repelled by the supreme court. kama, c. j., observed at p. 35; '......the legislation to be examined must be ..... commits no greater breach of law than is committed by a person who does not fulfil a contract made by him.15. i do not consider that the impugned pro-vision in the special powers act imposes the restrictions in the interests of the security of the state. the security of the ..... but it is urged by the learned advocate-general that incitement to the non-payment of dues such as are mentioned in the special powers act may be acted upon, which action would compel the government to use coercive process for their realisation, which process would be resented by the defaulters, which .....

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Mar 16 1999 (HC)

Central Institute for Subtropical Horticulture, Lucknow Vs. Presiding ...

Court : Allahabad

Reported in : 1999(2)AWC1426; (1999)2UPLBEC852

..... the government of india.department of space. it is engaged inpure research in space science. thepurpose of the research is to acquireknowledge about the formation andevolution of the universe but theknowledge thus acquired is not intended for sale. the material onrecord of that case further disclosedthat the prl is conducting ..... day round if he has worked eight hours during the 24 hours of the day, subject, of course, to statute or special terms of contract. it is on this analogy that all the regularemployees are given wages for the weekly holidays or say rest day. it would sound ridiculous ..... tewari, learned counsel for the petitioner urged that the petitioner-institute is engaged purely in research activities and since it has been established by the indian council of agricultural research for doing research on different subjects relating to agriculture, it is not an industry carrying on trade or business and ..... by observing that the settlement dated 6.6.1985 is a legally valid and enforceable contract between the workmen and the employer (c.i.h.n.p.).5. the workmen filedapplications under section 33c(2) ofthe act. each one of the workmenclaimed the difference of wages rightfrom 1.1.1986 to ..... the plea taken by the petitioner institute to challenge the settlement was that it was obtained under duress and that the person who had acted and signed the settlement on behalf of the institute was not legally entitled and competent to finalise and sign the settlement. the central administrative .....

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May 02 2011 (HC)

Dr. V.S. Chauhan and Another Vs. Director of Income Tax Investigations ...

Court : Allahabad

..... aforesaid satisfaction note was drawn by adit which was approved by the competent authority. 21. in the above factual scenario the question of formation of belief within the meaning of section 132 authorising the search, arises. the court is not concerned at this stage to examine the sufficiency of ..... xiii, part c. section 131 gives certain powers of a court of law to income tax authorities. the authorities under the income tax act strictly speaking do not act as courts of law. therefore, necessity to cloth them with specific powers arose. depending upon the magnitude and object ought to be achieved ..... assessing the concealed income and asset, if any. although, it is mentioned that information has been called for under section 133(1a) of the act but it appears that the aforesaid section has been wrongly mentioned as there is no such section. in the corresponding paragraph relating to said document, ..... that the action was malafide or that there was no reliable information in possession of the department to justify the action under 132 of the act was rejected as untenable. 29. the argument of the petitioners that the returned income of the petitioners is more than one estimated in the ..... him authorises a designated officer to enter and search premises for books of account and documents relevant to or useful for any proceeding under the act, the court in a petition by an aggrieved person cannot be asked to substitute its own opinion whether an order authorising search should have been .....

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Mar 25 2004 (HC)

Dr. Mohammad Tahir Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2004)2UPLBEC1406

..... by its title or section number. a general reference statute refers to the law on the subject generally. an example of this type of reference is a provision that contracts made under the statute are to be made 'in the manner now provided by law.''general and specific references have been held to differ in record to whether subsequent ..... bharathidasan university and anr. v. all india council for technical education and ors., (2001) 8 scc 676.22. sri sudhir agrawal, learned additional advocate general submitted that the act has been enacted by the state legislature to bring uniformity in all the university in the state whether existing or created subsequently and all existing enactments which govern individual university ..... gorakhpur, unless the same has been specifically notified by the state government for the purvanchal university. he submitted that the university grants commission constituted under the university grants commission act lays down and prescribes the qualifications, academic standard and other matters which are necessary to be followed and complied with by the university fails to comply or to follow, ..... of india. in the aforesaid case, the fact were that bhor state was one of the indian states in the deccan area. the raja saheb of bhor promulgated the bhor state ordinance being the government of bhor state act, 1942. section 6 of the said act gives inherent authority-executive, legislative and judicial to the raja saheb. it provided that notwithstanding anything .....

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