Skip to content


Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: allahabad Year: 2006 Page 1 of about 5 results (0.026 seconds)

Feb 22 2006 (HC)

Ramu Mahabir Vs. Ghurhoo Samu

Court : Allahabad

Decided on : Feb-22-2006

Reported in : AIR2006All273

..... case law of smt. mania v. deputy director of consolidation : air1971all151 .9. it would be relevant to refer to section 25(i) of the contract act which is reproduced below:an agreement made without consideration is void unless -(i) it is expressed in writing and registered under the law for the time ..... it will not make any difference in view of section 25(i) of the contract act. this transfer is by virtue of natural love and affection between the parties. the learned counsel further tried to impress upon the court that ..... no consideration in the present transaction of sale had passed from the vendee to the vendor. taking the protection of section 25(i) of the contract act, the learned counsel has tried to emphasise that even if no consideration in the present case had passed for the transfer of the property, ..... point of law has not been pleaded specifically by a party or is found to be assigned. between the parties in absence of any factual format a litigant should not be allowed to raise that question as substantial question of law. the substantial question of law would definitely arise when ..... of rajeshwari v. puran indoria : (2005)7scc60 , the hon'ble supreme court while summarizing the case law of raghunath prasad singh v. deputy commissioner of pratabgarh 54 indian appeals 126, dy. commissioner v. rama krishna : air1953sc521 and chunnilal v. mehta and sons ltd. v. century spinning and . : air1962sc1314 , has propounded in .....

Tag this Judgment!

Nov 29 2006 (HC)

Rajeev Kumar Jauhari Son of Surendra Kumar Jauhari, Vs. State of U.P. ...

Court : Allahabad

Decided on : Nov-29-2006

Reported in : 2007(1)ARBLR544(All); 2007(2)AWC1726

..... statutory in our view, this submission is to be noted for rejection only. uprvunl is not a statutory body, but a company registered under the companies act. it is not disputed that the employment and contract of the petitioners which was earlier with a statutory autonomous body, namely, upseb, stood transferred to uprvunl and now it is uprvunl, who is empowered to ..... shall prevail in the manner and to the extent provide in sub-section (3).(2) subject to sub-section (1), all matter in the indian electricity act, 1910 and the electricity (supply) act, 1948, with which the board has been concerned or dealing with, shall be subject to the following:(a) the board shall cease to undertake the functions which are to be ..... (2) to section 49 further provides that no order under sub-section (1) shall be made after expiration of a period of two years from the commencement of the act. the reforms act, 1999 was amended in 2003 and in sub-section (1) of section 49, the words '12 months' were substituted by '60 months' and under sub-section (2), 'two years ..... india on 23.6.1999 and published in u.p. gazette (extraordinary) on 7.7.1999. section 13 of reforms act. 1999 provides for formation of a company namely u.p. power corporation ltd. (in short 'uppcl') registered under the companies act. 1956, which is required to undertake planning and co-ordination in regard to transmission, to determine the electricity requirement in the .....

Tag this Judgment!

Nov 29 2006 (HC)

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

Court : Allahabad

Decided on : Nov-29-2006

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 .....

Tag this Judgment!

Sep 26 2006 (HC)

Mahavir Sahkari Awas Samiti Ltd. through It's Secretary, Sunil Khatri ...

Court : Allahabad

Decided on : Sep-26-2006

Reported in : 2007(2)AWC1162

..... a fair and reasonable manner.it is trite that hearing given to a person must be an effective one and not a mere formality. formation of opinion as regards the public purpose as also suitability thereof must be preceded by application of mind as regards consideration of relevant factors ..... which he is legally disabled from creating. thus, a corporate or statutory body cannot be estopped from denying that it has entered into a contract which it was ultra vires for it to make. no corporate body can be bound by estooppel to do something beyond its powers, or ..... delayed payment may lose all charm and utility of the compensation. in some cases, the delay may be detrimental to the interest of claimants. the indian agriculturists generally have no avocation. they totally depend upon land. if uprooted, they will find themselves nowhere. they are left high and dry. they ..... that the committee is estopped by its conduct from challenging the enforceability of the contract. the answer to the argument is that where a statute makes a specific provision that a body corporate has to act in a particular manner and no other, that provision of law being mandatory and ..... though he may claim compensation in accordance with law.vii. if there are successive notifications under section 4 or declarations under section 6 of the act, the subsequent notification/declaration would prevail as it supersedes and nullify the earlier notification/declaration.viii. discrimination in acquisition on an unreasonable ground is .....

Tag this Judgment!

Dec 22 2006 (HC)

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

Court : Allahabad

Decided on : Dec-22-2006

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 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //