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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: allahabad Year: 1969 Page 1 of about 5 results (0.019 seconds)

Jul 28 1969 (HC)

The Aluminium Corporation of India Ltd. and anr. Vs. Lakshmi Ratan Cot ...

Court : Allahabad

Decided on : Jul-28-1969

Reported in : AIR1970All452; [1969]39CompCas23(All)

..... sufficiently grave situation exists to warrant a winding up order which is an extreme measure. thus, we find that a fraud not connected with the formation or promotion of a company but against third parties would not ordinarily provide a ground for a winding up order re. haven gold mining co., ..... somehow and have been fomenting labour trouble and putting other obstacles in its way. it is also alleged that the company has secured very profitable contracts and has been supplying 90 per cent of the needs of the defence department in canvas so that the singhanias, as rivals in this business, ..... ltd., (1968) 36 com. cas 82, where s. k. dutta, j., has made a very comprehensive survey of all the authorities, both indian and english, on the question, that the principle, that the existence of a bona fide dispute dispels the fiction or presumption contained in section 434(1) of ..... 1924 ac 783. nevertheless, there are well, recognised types of cases illustrating what justice and equity in this clause means. instances of these are given in buckley, 'on companies acts' (13th ed. page 455) under the following heads: (1) substratum gone; (2) deadlock; (3) fraud or illegality; (4) mismanagement or misapplication of the company ..... orderm.h. beg, j.1. this is a petition under section 433 of the indian companies act, i of 1956 (hereinafter referred to as the act), filed by the aluminium corporation of india ltd. (hereinafter referred to as the corporation), for winding up the lakshmi ratan cotton mills .....

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Dec 31 1969 (HC)

Kashi Prasad Vs. Kedar Nath Sahu and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1898)ILR20All219

..... of such a nature that, if permitted, it would defeat the provisions of law. the object of the agreement is consequently unlawful under section 23 of the indian contract act, and the agreement is void. this case may be distinguished from that of gaya singh v. udit singh i.l.r. 13 all. 396, as ..... appellant that the bargain which the plaintiffs seek to enforce is one which the courts cannot, with reference to the provisions of section 23 of the contract act, give effect to. i have reluctantly come to the conclusion that this contention must be sustained. the defendant was at one time joint owner with ..... xii of 1881. i am accordingly of opinion that the agreement relied upon by the plaintiffs is void under section 23 of the indian contract act and cannot be enforced, and on these grounds the claim for possession of the lands which were once the sir of the defendant ..... through voluntary partition, or through sale or execution proceedings. in the same way the land revenue act in its provisions in respect of partition deals with the duties of revenue officers therein engaged in the formation of areas for the collection of revenue and the re-arrangements of such areas consequent upon and ..... rendered necessary by partitions. all the sections on the subject, from section 108 of act no. xix of 1873 up to and exclusive of section .....

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May 23 1969 (HC)

R.R. Engineering Co. Vs. Zila Parishad, Bareilly and anr.

Court : Allahabad

Decided on : May-23-1969

Reported in : AIR1970All316

..... that the area of operation of the present zila parishads and the erstwhile district boards is the same.54. chapter vi of the act deals with funds, property and contracts. sections 99 and 100 which are relevant to the questions in controversy are these:'99. zila nidhf and kshettra nidhi-- (i ..... to the commencement of the constitution and even after such commencement but before the enactment of kshettra samities and zila parishads act 1961, the u.p. district boards act (act x of 1922) applied to the district of bareilly and the rules framed thereunder permitted the imposition of a tax on ..... i am in respectful agreement with this observation and propose to analyse the facts in its light.53. the kshettra samitis and zilla parishads act, 1961 provides for the incorporation of two separate entities. the kshettra samitis incorporated under section 5 are to be a body corporate having perpetual ..... to be levied by the central provinces and berar local self-government act, 1948 which came into force on june 11, 1948. it may be noted that the act of 1920 contemplated the formation of a district council. under the act of 1948, however, these district councils were replaced by janpad sabhas ..... not include income of the following classes;(i) 'agricultural income' as defined in the indian income tax act, 1922, (ii) income on which any tax has previously been imposed under section 128 of the united provinces municipalities act, 1916,(iii) income on which any tax has previously been imposed by any other .....

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Jul 31 1969 (HC)

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

Court : Allahabad

Decided on : Jul-31-1969

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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Dec 31 1969 (HC)

Bhagwan Singh and ors. Vs. Bhagwan Singh, Minor Under the Guardianship ...

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All294

..... mandlik in his able notes to the translation of the vyavahar mayukiia, thinks that 'there is very little, if anything, in the sanskrit treatises to warrant the formation of such a rule '(p. 163). the authority of european writers, it is contended, is founded on the following passage in sutherland's synopsis (stokes' ..... to another.' then follow several illustrations from the growing of crops, &c.; this is the illustration given in sloke 53: '53. but if by special contract (a field) is made over (to another) for sowing, then the owner of the seed and the owner of the soil are both considered in this ..... question is correct enough. there is therefore no valid reason for the contention that all other european writers and the learned judges, both european and indian, who have pronounced an opinion on the question have been guided simply by the inferences drawn in his synopsis by mr. sutherland from the text ..... important: 'the evidence should be such as to prove the uniformity and continuity of the usage and the conviction of those following it that they were, acting in accordance with law, and this conviction must be inferred from the evidence.' 'in return to this issue the civil judge (e.f. webster) ..... this is the case in the hindu law, especially as it obtains in the province of bengal. it by no means follows that, because an act has been prohibited it should therefore be considered as illegal. the distinction between the vinculum juris and the vinculum pudoris is not always discernible.'57. i .....

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