Court : Chennai
Reported in : 192ITR79(Mad)
..... partnership, the provisions of the indian partnership act shall be applicable. in other words, there is, under the terms of the partnership, no contract to the contrary, as envisaged in section 42(c) of the indian partnership act. section 42(c) of the indian partnership act provides that, subject to contract between the partners, a firm ..... is dissolved by the death of a partner. we have already pointed out that there is no contract contra and, by the force of the operation of section 42(c) of the indian partnership act, on the death of one of the partners on august 4, 1973, the firms stood dissolved. ..... treat the firm as continuing notwithstanding the death of a partner, the partners have no option to treat the firm as continuing. under the indian partnership act, 1932, the firm gets dissolved and the income-tax officer is not entitled to ignore this consequence. there is nothing in the language of ..... provisions in the deed of partnership as well as the impact of the relevant legislation on partnerships such as section 42(c) of the indian partnership act. we are, therefore, unable to countenance the argument of learned counsel for the revenue that the assessee should be held bound by its ..... sets at large the contractual obligations entered into by individual partners at the time of the formation of the partnership and renders them free. our attention has not been drawn to any provision of the act which compels us to depart from the well-understood concepts in the partnership law for .....Tag this Judgment!
Court : Chennai
..... arising out of in connection with or in relation with this contract or any of the contract documents, which cannot be settled amicable between the parties, hereto, shall be settled by arbitration in accordance with the rules of indian arbitration and conciliation act, 1996, by three arbitrators selected in accordance with said rules ..... to the opposite party ignoring the principles laid down under sections 14(1)(a) and 41(e) of the specific relief act, which clearly show that if a contract which by its very nature is determinable, no injunction could be granted erroneously to stall the entire project to produce electricity. ..... the said order, the present appeal has been filed.3. learned counsel for the appellant would heavily contend that when there is a contract of work by registered agreement dated 17.06.2011 entered into between the appellant and the 1st respondent specifically saying that in case of ..... the work given to the 1st respondent by way of sub contract includes excavation of soils including disposal, backfilling, de watering, compaction, hard rock excavation laying plain cement concrete for foundation, plinth beam for grade slab, bottom core formation etc. the appellant also took a bank guarantee from the 1st ..... respondent on 29.12.2011 for a sum of rs.35 lakhs and as per the agreement clause, the bank guarantee shall remain valid till the completion period of civil works. after the sub contract was .....Tag this Judgment!
Court : Chennai
Reported in : AIR1933Mad320; (1933)64MLJ130
..... accepted but the acceptance must be communicated to the person making the offer. no indian case in point has been cited but in the universal banking corporation, in re (1867) l.r. 3 ch. app. cas 40 it was held that the principles governing the formation of a contract between a company and a member of the public are identical in principle to ..... this appeal and it was held that a shareholder to whom the fact that an allotment of shares had been made had not been communicated was not bound by any contract. the mere entry of his name on the register was held not sufficient for this purpose. we therefore agree with the decision of the learned district judge.3. the lower ..... and the entries made in ex. ii 'the applicant was not notified of the allotment'. the appellant relies on section 40 of the indian companies act 'the register of members shall be prima facie evidence of any matters by this act directed or authorised to be inserted therein 'and argues that ex. ii raises a presumption of allotment which the respondent (who did ..... to the payment of interest is dealt with in nanchappa koundan v. ittichathara mannadiar 1930 m.w.n. 438, the effect of which is that the provisions of the interest act are all comprehensive and interest can only be allowed in accordance therewith. applying that principle it is clear that this payment of rs. 1,400 cannot be construed to be .....Tag this Judgment!
Court : Armed forces Tribunal AFT Regional Bench Chennai
..... ) of 16.08.2004 seeking sanction of disability pension (including service pension) to the petitioner, which has subsequently been transferred to this tribunal after the formation of the armed forces tribunal under the armed forces tribunal act, 2007 and re-numbered as ta no.92 of 2009. 2. the petitioners affidavit to the petition briefly runs as follows : 2(a) the petitioner ..... reveal multiple calcified lesion on ct scan brain. this evidence of ct scan, the petitioner feels, could be a sequel to the brain infection which could in turn have been contracted during service and hence could be made attributable. since facilities of ct scan were not available in 1981, and after 20 years, the petitioner feels the fifth respondent can consider ..... joined the indian army on 04.03.1978 and after initial training at brigade of the guards, kamptee, he was posted to 6 guards located at nefa .....Tag this Judgment!
Court : Chennai
Reported in : AIR1932Mad474; (1932)62MLJ720
..... . (1919) 43 m. 75 : 37 m.l.j. 663 (s.b.). the question before the full bench arose in connection with a reference made under section 51 of the indian income-tax act (vii of 1918). the full bench held that the assessee on whose application the reference was made by the board of revenue was entitled to be heard first in ..... and the power to hold property, to enter into contracts, to institute and defend suits and other legal proceedings, and to do all things necessary for the purposes of its constitution.' see also section 23 of the indian companies act. see also section 253 of the indian companies act which speaks of companies existing before that act and of other companies which could be registered under ..... at a later stage he was compelled to modify that contention and to admit that the corporation claims under section 110 of its act to collect companies' tax from companies other than those incorporated under the indian companies act--from companies incorporated anywhere, which by conducting business in madras become liable to that tax. he has urged however that the banks with which ..... the word 'incorporated'. in wharton's law lexicon, 'incorporation' is stated to mean 'the formation of a legal body with the quality of perpetual existence and succession except as limited by the royal charter or act of parliament effecting the incorporation.' registration under the co-operative societies act (ii of 1912) satisfies the requirements of the definition of the word 'incorporation' as given .....Tag this Judgment!
Court : Chennai
Reported in : 1960CriLJ1625
..... term "extradition crime" means "a crime which, it committed in england and within english jurisdiction, would be one of the crimes described in the first schedule to this act." ch. ii of the indian act, sections 3 to 6, deals with surrender of fugitive criminals in case of foreign states. but in regard to ch. ill sections 7 to 18 surrender of fugitive ..... the jurisdiction is distinctly conferred on tile magistrates in british india to make preliminary enquiries and to take evidence on the in- formation given or complaint laid in regard to the offence alleged to have been committed by the native indian or british subjects of his majesty within and beyond limits of british india not being a foreign" state as defined in ..... shall not be delivered up until some form of procedure, initiated, prescribed and sanctioned by itself alone and not agreed upon by the contracting parties is satisfied; muthu reddi v. emperor a.i.r. 1930 mad 981. the extradition act is the law of land; not, so far as the third chapter is concerned, to be applied or this or that country ..... course, the matter would be wholly different, if the revision petitioner had not committed any offence or offences prima facie, as defined in our municipal law, namely, according to the indian act and its schedules. but it is not claimed that that is the case. 68. when we now come to menon's case , particular stress is laid by learned counsel for .....Tag this Judgment!
Court : Chennai
Reported in : AIR1953Mad221; 22ITR324(Mad); (1954)IMLJ653
..... for the department in order to discharge the onus on them to establish merely that the transaction was one which came into existence after the act came into force. there should be additional circumstance or circumstances which would point to the conclusion that the object with which the parties entered into ..... it must be presumed that the transaction was within the mischief of section 10-a of the act. this argument if accepted would practically shift the burden of proof in every case to the assessee for the section can only apply to ..... income-tax commissioner, was the time-factor and the result, meaning thereby that if a transaction was brought into existence after the excess profits tax act came into force and when it continued to operate and if the result of the transaction was in fact to avoid or reduce the tax, ..... section 66(2) of the indian income-tax act the following question was referred to this court for decision by the appellate tribunal, viz.,"whether on' the facts and circumstances of this case the dissolution of the firm of hajee mohammed ibrahim and co. in 1941 and the formation of two partnerships each consisting ..... of two of the partners of the old firm at erode and salem were entered into with the main purpose of avoiding or reducing liability to excess profits tax."the question referred to us has to be decided with reference to the language of section 10-a of the excess profits tax act .....Tag this Judgment!
Court : Chennai
Reported in : 2008(1)CTC681; (2008)2MLJ123
..... to administer the teacher training institute without the approval of the competent authority and whether the same is permissible in view of section 23 of the indian contract act, 1872 is to be ascertained. section 23 of the indian contract act clearly states that every agreement, of which, the object or consideration is unlawful, is void. as per section 23, the consideration or object ..... in the decision reported in : (1986)iillj171sc (central inland water transport corporation ltd. v. brojo nath) : (1986)iillj171sc . in paragraph 92, the supreme court held thus:92. the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public policy', or 'contrary to ..... was granted recognition to locate its institute. the ncte shall also make it mandatory for the institutes to publish both the order of recognition as well as the enclosed format of particulars with the above details, in the prospectus inviting applications for admission, so that the students know the actual persons who run the educational agency and their ..... henceforth ncte shall not merely issue the order of recognition in the name of the proposed institute. ncte shall enclose to every order of recognition granted by them, a format of particulars containing the details relating to the name and address of the educational agency to which recognition is granted, (apart from the name of the institute) the nature .....Tag this Judgment!
Court : Chennai
Reported in : AIR1955Mad662; (1956)IMLJ78
..... must be deemed to have been paid under a mistake of fact. the learned judge was of opinion that the case came directly under section 72, contract act. the reasoning of the learned judge was as follows :"money having been paid under a mistake of fact that the price was what was quoted by ..... to be given away as a gift or a present to the appellants by any means, and such being the case, i am of opinion that section72. contract act comes into operation and applies to the facts of the case." lakshmana prasada and sons v. achuthan nair, (a).2. two contentions' were raised on ..... privy council in air 1949 p c 297 (c). their lordships said, at page 302."their lordships do not find it necessary to examine in detail the indian authorities for the wider interpretation of 'mistake' in section 72. they would only refer to the latest of these authorities; air 1940 cal 245 (13), ..... paid as money rightly payable under the contract, as it stood. the payment was not by mistake; it was the contract which was entered into on a mistaken assumption that the price was rs. 9135. but the mistake occurred at the time of the formation of the contract. once the contract had come into existence, there was ..... no mistake made so far as the payment was concerned. what was paid was what was due under the contract. this distinction, the learned judge apparently overlooked.6. it is this .....Tag this Judgment!
Court : Chennai
Reported in : (1983)IILLJ277Mad
..... terms and conditions contained in g.o.ms. no. 731, industries, dated 21.5.1974 is void and unenforceable as per section 20 of the indian contract act, 1872 because it has been passed by a mistake and is not based on free consent, as per section 14(5) of the said ..... said to be under a mistake when they passed the earlier order of the year 1974. therefore, this case will squarely come under s. 22 of the contract act as the government order of the year 1974 is claimed to have been passed by the government under a mistake as to a matter of fact. it is ..... pleader that the earlier g.o. of the year 1974 is void as it is not based on free consent as per section 14(5) of the contract act, it is seen that the mistake pleaded is unilateral and not mutual. i do not see how it could be said that there is no free consent ..... the technique of modern manufacturing in various sectors during the 2nd, 3rd and 5th plan periods. in or about february, 1960, the government of india recommended the formation of an autonomous corporation for the management of industrial estates and for taking up of programme of commercial nature like production scheme, establishment of marketing, raw material depot ..... not be available as a cause of action, if necessary to satisfy the equity. according to the supreme court, promissory estoppel is neither in the realm of contract nor in the realm of estoppel and the true principle of promissory estoppel seems to be that where one party has by his words or conduct made to .....Tag this Judgment!