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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: chennai Year: 1995 Page 1 of about 7 results (0.041 seconds)

Mar 09 1995 (HC)

Manoj Kumar Sonthalia Vs. Vivek Goenka and ors.

Court : Chennai

Decided on : Mar-09-1995

Reported in : (1995)2MLJ622

..... the ground that the compromise on which the decree is passed was not lawful, leaves open to challenge in appeal the compromise decree, which is void or voidable under the indian contract act, 1872 and does not bar institution of a suit by a person who is not a party to the suit or a person who is a party to the suit ..... retarded'. no one can enter into a compromise, unless he is competent to do so. anything done by an incompetent person, will not be lawful, see section 10 of the contract act, order 32 of the code of civil procedure however has taken care of the interests of minors and persons of unsound mind, because they may not have the capacity or ..... for the grant of injunction or direction and that the balance of convenience was in keeping the corporate freedom in tact without there being any interference by court in the formation either of the 1st defendant- company or any of its subsidiary companies.5. after hearing learned counsel for the parties, we held in the appeals, as follows:this rule of ..... lawful object and which are not expressly declared to be void (see section 10 of the contract act).chapter 2 of the contract act contains specific provisions with respect to voidable contracts and void agreements and about the considerations and objects which are lawful in section 23 of the contract act provides as follows:(23) the consideration or object of an agreement is lawful unless - it is .....

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Feb 21 1995 (HC)

Vairavan Vs. K.S. Vidyanandam and Others

Court : Chennai

Decided on : Feb-21-1995

Reported in : AIR1996Mad353

..... of his submissions was that there was no sufficient pleading by the plaintiff regarding his readiness and willingness. no doubt section 16(c) of the specific relief act provides that performance of a contract, cannot be enforced in favour of a person, who fails to aver and prove that he has performed or has always been ready and willing to perform ..... which has been prevented or waived by the defendant. further explanation (ii) therein also says that the plaitiff must aver performance of, or readiness and willingness to perform, the contract according to the true consideration. in the present case, following are the relevant pleadings in the plaint;--'the plaintiff has been always ready and willing to perform his part of ..... the suit property, even without defendants vacating the tenant, the plaintiff could have resorted to the same course much earlier and need not have delayed in demanding performance of the contract from the defendants. the third reasoning of the trial court in this regard is, the plaintiff has purchased two other similar properties after the sale agreement under ex. b. ..... '.(emphasis supplies)in our view, this squarely satisfies the requirement stipulated in section 16(c) of the specific relict act. but, learned counsel for the respondents drew our attention to formno. 47 in appendix a of civil procedure code, which gives a model format of plaint far seeking specific performance. there, in paragraph 3, the said form uses the followingexpression;--'the plaintiff has .....

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Oct 31 1995 (HC)

Indian Bank Vs. C.V. Reddy

Court : Chennai

Decided on : Oct-31-1995

Reported in : (1995)IILLJ1180Mad

..... prior facts of the charges and the enquiry, and the ultimate conviction of the relevant authority that the charges had been established, the act of termination under the contract is not explicable. but, in our view, the motive which led to the exercise of a junction, has to be carefully distinguished ..... clause contains the words 'where during the period of probation'. that itself shows that the question whether the officer is not fit for con-formation could be considered during the period of probation and it is not necessary to wait till the expiry of the period of probation for deciding ..... that the two reasons given by the learned singlejudge to quash the order of termination of probationer are unsustainable. 7. regulation 16.3 of the indian bank (officers') service regulations, 1979 reads as follows. 'where during the period of probation including the period of extension, if any, the competent ..... termination order the same is invalid as it violates the principles of natural justice. learned judge has also considered regulation 16.3 of the indian bank (officers') service regulation, 1979 and held that the termination under the said regulation could be effected only on the expiry of the ..... the board. at the end of notice it was stated that the two addressees had committed offence of cheating under the provisions of the indian penal code thereby subjecting themselves for punishment provided therein. they were called upon to immediately explain within ten days of the receipt thereof as .....

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Dec 07 1995 (HC)

Commissioner of Income-tax Vs. Carburettors Ltd.

Court : Chennai

Decided on : Dec-07-1995

Reported in : [1996]221ITR680(Mad)

..... manufactures carburettors. the assessee received an order from the defence department for supply of certain special types of carburettors. in order to fulfil this contract, the assessee purchased drawings from zenith carburettors limited, u.k. the point for consideration is whether the expenditure incurred by the assessee for the ..... foreign countries with a collaboration agreement, etc., to meet the exigencies of the business, the assessee purchased the drawings. it is a one time contract for supply of a special variety of carburettors to the defence department. the assessee was compelled to purchase the drawings. thus, in order to ..... technical aid and information in the manufacture of switchgears and the right to sell such products. the foreign company also agreed to keep the indian company posted with the latest and modern developments in the field of manufacture of switchgears and transformers and to train the necessary personnel at its ..... and could deal with it as if it were their own asset, and amounts paid are not admissible as business expenditure under the income-tax act.' 11. thus, according to the facts in the abovesaid decision also, the assessee incurred expenditure under a collaboration agreement as a package deal ..... to arise out of the order of the tribunal for the assessment year 1976-77 for our opinion under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the sum of .....

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Jul 14 1995 (HC)

Commissioner of Income Tax Vs. Aquapump Industries

Court : Chennai

Decided on : Jul-14-1995

Reported in : (1996)132CTR(Mad)506; [1996]218ITR427(Mad)

..... conceded that what mansfield (the abovesaid american company) or its resident engineer in india were imparting to the assessee on operational matters might tend to outlast, and endure beyond, the contract period. this, however, is a common characteristic of all knowledge which a person acquires... expenditure to acquire it cannot be disallowed merely because knowledge dies hard. it is only where ..... co. ltd. vs. cit (supra). we are unable to agree with this contention. it cannot be said that the technical know-how given in the present case by the abovesaid indian company at coimbatore, texmo industries cannot become outdated. regarding addl. cit vs. southern structurals ltd. (supra), very much relied on by learned counsel for the revenue, we must state that ..... the abovesaid expenditures are in toto only revenue expenditures incurred by the assessee and for the purpose of its business and they are deductible under s. 37(1) of the act and that the abovesaid questions have to be answered in the affirmative and against the revenue. we now give our reasons : we may, at the outset refer to the ..... , incurred by the assessee as royalty payments to texmo industries, coimbatore, under the agreement dt. 1st jan., 1977, between them, are revenue expenditures deductible under s. 37(1) of the act or capital expenditures not deductible thereunder. (the above said agreement was literally between texmo industries and one, c. k. industries, but the said c. k. industries changed its name subsequently .....

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Feb 15 1995 (HC)

Tamil Nadu Wakf Board Represented by Its Secretary Vs. S.A. Syed Masoo ...

Court : Chennai

Decided on : Feb-15-1995

Reported in : (1995)2MLJ514

..... within a few months, the tribunal was formed to decide the accident cases. the question that was raised was, since, the death was before the formation of the tribunal, whether the civil court continued to have jurisdiction inasmuch as cause of action for claiming compensation arises on the date of death. it ..... the second defendant, once a draft is purchased pursuant to the acceptance of his bid, the second defendant has acted on the representation and there is a concluded contract. since there is a concluded contract, according to him, the subsequent action by the plaintiff either calling for a retender or cancelling the tender in ..... the case of the second defendant that on 20.11.1982, he purchased a draft in the name of the plaintiff drawn in favour of the south indian bank, george town, madras. according to him, the amount was arranged by his financier mathew. m. thomas of mathoot finance corporation, kozhancherry, and the ..... with one mathew m. thomas of mathoot finance corporation, kozhencherry to draw a draft in favour of the plaintiff on 20.11.1982 from the south indian bank, kozhencherry, payable at its george town branch, madras. it was communicated to the appellant (plaintiff) by a telegram on that date itself. he ..... of the second defendant and produced a photo copy of a demand draft for rs. 5,93,000 dated 20.11.1982 drawn on the south indian bank limited, george town branch. he wanted a week's time to produce the original. he attained from producing the same on the ground that .....

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Sep 20 1995 (HC)

V. Govindaraj Vs. the District Collector and ors.

Court : Chennai

Decided on : Sep-20-1995

Reported in : (1996)1MLJ5

..... has also averred that respondent no. 4 and his men has caused loss to the revenue and the state had suffered on account of the syndicate formation. though the shops were capable of fetching more than 10 lakhs rupees, the respondents by not taking proper steps and in joining hands with the ..... the 4th respondent who did not satisfy the standard or norm, was clearly discriminatory since it excluded other persons similarly situate from tendering for the contract and it was arbitrary and without reason. acceptance of the tender was invalid as being violative of the equality clause of the constitution as also ..... follows:where the government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largess, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but ..... the brief facts are: the petitioner along with others, paid earnest money deposit on 9.5.1995 to participate in the auction for the vending of indian made foreign liquor for the year 1995-96. the authorised officer received the amount and issued the receipt. the auction was scheduled to 9.5.1995 ..... of arbitrary manner in which they were prevented or the non-compliance with the principles of natural justice, the collector or the commissioner did not act on the complaint. the petitioner has mentioned in his application that he was prepared to take the shop in question for rs. 10,13,000 .....

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