Court : Chennai
Decided on : Dec-11-1952
Reported in : AIR1954Mad119; (1953)IIMLJ372
..... on contracts, 13th edn. by p. h. winfield the principle is stated as follows at p. 232:'after the formation of a contract, certain sets of circumstances arise which, owing to the fault of neither party, render fulfilment ..... of frustration is raised, what the court has to consider is not whether one party or the other has done anything from which his responsibility for any breach of contract could be ascertained, but to see whether the circumstances pleaded did exist which could reasonably be considered as sufficient to hold that the parties are absolved from their obligations ..... reason of some event which the promisor could not prevent, unlawful becomes void when the act becomes impossible or unlawful.'in pollock ..... the result is the parties to the contract are discharged from their obligations under the contract. this common law principle of frustration has received statutory recognition by its incorporation in the indian; contract act in section 56 which is as follows :'an agreement to do an act impossible in itself is void. a contract to do an act which, after the contract is made, becomes impossible or by .....Tag this Judgment!
Court : Chennai
Decided on : Apr-07-1952
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
Decided on : Oct-29-1952
Reported in : AIR1954Mad113; 23CompCas90(Mad); (1953)IMLJ781
..... it is really to magnify another hurdle, which confronts the plaintiff in his search for court relief.11. this is section 21, specific relief act which sets out contracts, which cannot be specifically enforced. one such category is section 2(b) which is so dependent on tine personal qualifications or volition of the ..... in the articles so far as he was concerned was 'res inter alios acta'. eley had advanced a sum of . 200 to be expended in the formation of the company and the company-promoter arranged that he should be appointed permanent solicitor for life.this view was followed in -- 'brown v. la trinidad', ..... we have been referred to the privy council decision in -- 'high commissioner for india v. i. m. lair . mr. lall, a member of the indian civil service, was dismissed from service on certain charges. he filed a suit, which was tried by a bench of the lahore high court in the first ..... of those decisions would not be relevant for purposes of the present ap-peal. we have been referred to no decision either in english or in indian law in which a shareholder has succeeded, after removal from an office in the company, in obtaining a declaration that such removal was invalid and ..... sole secretary to do.5. the short point lor consideration is the legal effect of the memorandum and the articles of association. under section 21, indian companies act, 'the memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been .....Tag this Judgment!