Court : Chennai
Reported in : (1925)ILR38Mad661
..... by lot and has to be done in the ordinary way by chance and the benefits as i said before are unequal. 23. chitty in his treatise on contracts at page 805 (17th edition 1921) seems to suggest that the opinion of jessel., m.r., cannot now prevail in view of the later decision of ..... decidendi of iyyanar kone v. vidoomada cone (1858) sud. dec., 53 and kamakshi achari v. appavu pillai (1863) 1 m.h.c.r., 448. in chitty on contracts, the opposite opinion of jessel, m.r., in sykes v. beadon (1879) 11 ch. d., 170 was regarded as overruled by the decision of the house of ..... the closing of the partnership. unless the object of the main transaction is to commit an offence made punishable by the indian penal code there can be no objection to enforcing the terms of a contract of this kind which is collateral to another transaction even when the main transaction itself is merely void (as where ..... much help as there is not much discussion on the question of what constitutes lottery.3. the word ' lottery ' is not defined either in the indian penal code or act v of 1844 nor in the english statutes. a definition has been attempted in volume xv of halsbury, section 605, page 299, apparently with reference to ..... leads to the question whether any offence has been committed in the formation and conduct of the main transaction, i.e., the chit fund. if it is an offence it must be one punishable under section 294-a of the indian penal code. this section and act v of 1844 are both founded on the terms of 42 geo. .....Tag this Judgment!
Court : Chennai
Reported in : 90Ind.Cas.420
..... , and that is to be done in the ordinary way, by chance, and the benefits, as i said before, are unequal.21. chitty in his treatise on contracts at page 805 (17th edition 1921) seems to suggest that the opinion of jessel, m.r., cannot now prevail in view of the latter decision of the house ..... apparently the ratio decidendi of iyyanar kone v. bidoomada kone 1 s.d. 1858, 54 and kamakshi achari v. appavu pillai 1 m.h.c.r. 448. in chitty on contracts, the opposite opinion of jessel, m.r. in sykes v. beadon (1879) 11 ch. d. 170 : 48 l.j. ch. 522 : 40 l.t. 243 : 27 ..... the closing of the partnership. unless the object of the main transaction is to commit an offence made punishable by the indian penal code, there can be no objection to enforcing the terms of a contract of that kind which is collateral to another transaction even when the main transaction itself is merely void (as where it ..... not of much help as there is not much discussion on the question of what constitutes lottery.3. the word 'lottery' is not defined either in the indian penal code or act v of 1844 nor in the english statutes. a definition has been attempted in volume xv of the halsbury's laws of england, section 605, p. ..... this leads to the question whether any offence has been committed in the formation and conduct of the main transaction, i.e., the chit-fund. if it is an offence, it must be one punishable under section 294a of the indian penal code. this section and act v of 1844 are both founded on the terms of 42 geo. .....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 : 153ITR98(Mad)
..... an extraneous authority, but that does not clearly draw attention to any error or mistake to constitute 'information' within the meaning of section 34(1)(b) of the indian income-tax act, 1922. in kalyanji mavji & co. v. cit : 102itr287(sc) , the supreme court construed the expression 'information' and it was held that the ..... there is nothing at all to show that any material came to the notice of the officer subsequently. there cannot be any basis, therefore, for the formation of a belief by the ito that there has been an escarpment of chargeable profits on non-existing materials. equally, the other noting under the initials of ..... information on which the ito can set under s. 34(1)(b) of the indian i.t. act, 1922, may come in and flow from an external source and it may be found from materials already available on record and it may be derived ..... refer to salem provident fund society ltd. v. cit : 42itr547(mad) . the expression 'information' occurring in s. 34(1)(b) of the indian i.t. act, 1922, came to be construed and contrasted with the provision under s. 35 dealing with the rectification of mistakes rajagopalan j. stated that a mistake in the ..... information in this case is not a matter of law. merely proceeding to reopen an assessment on no material not leading to the formation of a belief relating to the escarpment of chargeable profits, as in this case, is not at all contemplated under s. 8(b) of the .....Tag this Judgment!
Court : Chennai
Reported in : (1958)1MLJ38
..... appointed from a pool of officers, who having had prior judicial experience could be promoted to fill these offices. this necessity led to the formation of the provincial judicial service for serving as a feeder service for promotion to the posts of district judges. the result therefore was that judicial ..... the law that the tenure of the service ceased to be one at pleasure, the service conditions becoming so to speak statutory terms of a contract governing the relationship between the government and their servants. their answer was in these terms:section 96-b in express terms states that office is ..... magistrates in the case of collectors, of first class magistrates in the case of officers below the rank of collectors. the members of the indian civil service were after a period of judicial training appointed to the posts of district judges and the rules reserved a portion of these posts ..... condition.47. these submissions deserve careful consideration. i shall examine the position historically. upto the enactment of section 96-b by the government of india act, 1919, the tenure of crown servants was wholly at pleasure and though undoubtedly there were manifold and diverse rules, special and general, in relation to ..... for members of that service with the independence act, recruitment to the i.c.s. was stopped and its place taken by a new service the indian administrative service. a decision was however taken by the government of india that i.a.s .....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!