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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: himachal pradesh Page 1 of about 14 results (0.069 seconds)

Apr 01 1997 (HC)

Commissioner of Income-tax Vs. Subash Chand and Co.

Court : Himachal Pradesh

Reported in : [1998]230ITR16(HP)

..... court pointed out that the partnership agreement did not violate any public policy or offend the provisions of section 23 of the indian contract act. the main reasoning is that there was no prohibition in the rules or the conditions of the licence against the constitution of ..... into partnership for carrying on the business in foreign liquor by the holder of the licence. the firm was registered under section 26a of the indian income-tax act, 1922, and it was also renewed for the assessment years 1958-59 and 1959-60. but the commissioner, under section 33b, cancelled the ..... registration earlier and they have applied for renewal of registration in form no. 12. the wording of section 184(7) of the income-tax act is mandatory in terms and it contemplates registration to have effect for every subsequent year provided the two conditions mentioned therein are satisfied. in this ..... co. : [1995]214itr650(sc) , where a question arose whether a sub-partnership could claim the benefit of registration under the provisions of the income-tax act. the bench which decided degaon ganga reddy's case : [1995]214itr650(sc) took the view that such registration could be given provided the sub-partnership is ..... firm, admits new partners in contravention of the provisions of the excise act, the firm will not be entitled to registration.' 3. the income-tax officer did not, however, find as a fact whether the conditions of the licence prohibit formation of partnership by the licensee ; nor was there a finding of .....

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Apr 01 1997 (HC)

Commissioner of Income Tax Vs. Subash Chand and Co.

Court : Himachal Pradesh

Reported in : (1998)146CTR(HP)262

..... against entering into partnership for carrying on the business in foreign liquor by the holder of the licence. the firm was registered under s. 26a of the indian it act, 1922, and it was also renewed for the asst. yrs. 1958-59 and 1959-60. but the cit, under s. 33b, cancelled the registration ..... pointed out that the partnership agreement did not violate any public policy or offend the provisions of s. 23 of the indian contract act. the main reasoning is that there was no prohibition in the rules or the conditions of the licence against the constitution of ..... been granted registration earlier and they have applied for renewal of registration in form no. 12. the wording of s. 184(7) of the it act is mandatory in terms and it contemplated registration to have effect for every subsequent year provided the two conditions mentioned therein are satisfied. in this case ..... g. ramakrishna & co. : [1995]214itr650(sc) where a question arose whether a sub-partnership could claim the benefit of registration under the provisions of the it act. the bench which decided degaon ganga reddys case (supra) took the view that such registration could be given provided the sub-partnership is different from the main ..... is a firm, admits new partners in contravention of the provisions of the excise act, the firm will not be entitled to registration.'the ito did not, however, find as a fact whether the conditions of the licence prohibit formation of partnership by the licensee : nor was there a finding of fact by .....

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Aug 01 1961 (HC)

Shri Amar Chand Butail and anr. Vs. the Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1962HP43

..... to compensate respondent no. 1 to the extent of the benefit derived by them in connection with the aforesaid transactions.25. section 70 of the indian contract act runs as below:--'where a person lawfully does anything for another person, or delivers anything to him not intending to do so gratuitously, and such ..... was made by respondent no. 2 to respondent no. 1 prior to the revocation of authority and as such according to the provisions of the indian contract act, the authority to pay was revocable.17. even if the first portion of the rule to the aforesaid commentary is held to be applicable to ..... 2 to deposit the aforesaid amount and in support of that contention reliance has been placed upon the following passage in sanjiwa row's commentary on the indian contract act, 4th edition, p. 602.'a person cannot revoke an authority to his debtor to pay a debt to a third party, the creditor of the ..... by conquest or cession. and on principle, it makes no difference as to the nature of the act, whether it is acquisition ot new territory by an existing state or as in the present case, formation of a new state out of territories belonging to quondum states. in either case, there is establishment ..... of new sovereignty over the territory in question, and that therefore the covenant was an act of the state. it was a treatyentered into by rulers .....

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Oct 29 1951 (HC)

Rajendar Lal Vs. Ram Krishna Gupta

Court : Himachal Pradesh

Reported in : AIR1952HP11

..... year he was permitted by the former koti state to practice as a mukhtar. that state and the bhajji state enrolled him as a pleader in 1944, and alter the formation of the present state of himachal pradesh, arid under the then legal practitioners rules, he was admitted and enrolled by this court as a pleader 1st grade on 3-1 ..... of account between the parties, and not in respect of the fees or costs of the execution proceedings in which the amount was deposited.13. all the above english and indian rulings relate to the cases of solicitors and attorneys, but the same principle has been applied in india in the cases of advocates and pleaders because they not only plead ..... , but, like solicitors in england, also act for their clients. see the observations of leach c. j. in 'in re sri k. rajagopala ayyangar', air (29) 1942 mad 553 at p. 554, and in 'in the matter .....

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May 26 1999 (HC)

Rajiv Moudgil and ors. Vs. H.P. Housing Board and anr.

Court : Himachal Pradesh

Reported in : AIR2000HP77

..... 4 deposited the requisite 15% of the cost on 25-9-1992 and executed hire purchase tenancy agreement on the same date on the prescribed format. he was offered the possession of the house on 25-9-1992 itself and since then the petitioner no. 4 has never agitated against ..... escalation in the cost or value of the building, on its completion. the original cost announced, indisputably was only a tentative cost and the contract provided for finalization of the cost after taking into account the escalated cost incurred in the acquisition of land, construction and completion of the building ..... .4. reply on behalf of respondent -board has been filed. the respondent-board has raised three preliminary objections, namely, that there are concluded contracts between the parties and on the basis of the hire purchase tenancy agreements executed between the petitioners and the respondent-board in the year 1992. ..... has been increased to more than 65%. in support of his submissions, he has relied upon the judgments of the apex court in mahabir auto stores v. indian oil corporation, air 1990 sc 1031); ramana dayaram shetty v. international airport authority of india. (1979) 3 scc 489 : (air 1979 sc 1628); ..... payments in terms of the hire-purchase agreements. as such, in view of the the concluded contracts between the parties, the petitioners are estopped from filing this writ petition on account of their acts, deeds and things/conduct and the writ petition as such is not maintainable at this belated stage .....

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Mar 07 1994 (HC)

K.C. Azad Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 1995CriLJ974

..... ) without assigning or recording the reasons for the condemning of m. s. tanks which were in use earlier. even, according to him, the subsequent formation of the committee in september 1985 and recommending the purchase of the same article at a lower rates than that of the approved firm further indicates the ..... pressure upon him with a criminal intention.7. the investigating agency has collected evidence (documentary as also oral) pertaining to the mode in which the rate contract of m/s. gupta pipes, industiral area, dharampur were arrived at purporting to be as per procedure and rules for the purchase of stores by all ..... to the h. p. government. thus total wrongful loss caused to the government comes to rs. 2,03,183.35 paise as a consequence of these illegal acts of sh. k. c. azad, director of horticulture and his co-conspirator shri i. s. azad and sh. parshotam lal gupta prop. m/s. gupta ..... being fully aware of the fact that the rates fixed by the controller of stores were highly exorbitant. he along with other co-accused did the act out of the way to oblige and favour m/s gupta pipes dharampur with an ulterior move prompted by consideration of financial gain to themselves. ..... offence punishable under sections 420, 467, 471, 511 and 120-b of the penal code besides under section 5(2)--(d) of the prevention of corruption act. the basis of the first information report is the enquiry report of the divisional commissioner, shimla, which consists of two parts. the first part thereof .....

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Jun 23 1976 (HC)

Smt. Lila Wati and ors. Vs. Paras Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1977HP1

..... into service.15. the next submission is that these bahis were not intended tu charge any person with liability within the meaning of section 34 of the indian evidence act and were produced particularly as proof of the construction of the suit property by the joint hindu family and to indicate custody and reliance is placed on ..... of the letters of lalit kumar or duni chand, who lived at simla aftei 1948 as an employee of the himachal fradesh government on his transfer and formation of himachal pradesh from solan to simla and through these letters certain articles have been requisitioned from baba ji or other persons at solan. these letters had ..... his hand. therefore, in - the absence of any evidence to that effect, these bahi entries are not of any evidentiary value. under section 34 of the indian evidence act all entries in books of account, regularly kept in the course of business, are relevant and, therefore, admissible whenever they refer to a matter into which the ..... of the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract. but this rule 8 of order 3. in my opinion does not come into play because the plaintiffs had not based their case on any agreement ..... issue on the point. the defendants, in fact, denied the factum of partition and under order 6 rule 8 c.p.c. where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express .....

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Aug 11 2006 (HC)

The H.P. State Industrial Development Corporation Ltd. Vs. Gobind Phar ...

Court : Himachal Pradesh

Reported in : AIR2007HP3,[2007(4)JCR424],2006(2)ShimLC300

..... as alleged, but it was only 6% simple interest per annum. it is alleged that the signatures of the defendants had been obtained on printed formats of various loan documents, when their blank portions were unfilled and that the blank space regarding rate of interest had been filled in subsequent to the signing ..... to the liability of different sets of the defendants, (ii) proforma defendant no. 6 cannot be sued through its branch manager, (iii) there is no privity of contract between the plaintiff and proforma defendant no. 6, (iv) the suit is bad for mis-joinder of proforma defendant no. 6, (v) the suit is barred ..... it came to know about the leasing out of the factory to m/s. panacea bio tech ltd. only when a news item appeared in the indian express about the fire incident is also denied. further it is alleged that after the occurrence of fire incident, the plaintiff was approached to lodge the ..... the preliminary objections that the suit is not filed by an authorized and competent person, it is barred by limitation, the plaintiff is estopped by the acts, deeds, conduct, delay and latches etc. of its servants to file the suit and that the suit is not maintainable, which are similar to the ..... it is alleged that the defendants are not liable to pay the amounts of these unauthorized entries. it is also alleged that on account of various acts of omission and commission, negligence and inaction on the part of the officials of the plaintiff, the factory set up by the defendants, could not .....

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Oct 07 2009 (HC)

Reliance Infrastructure Limited Vs. State of H.P. and ors.

Court : Himachal Pradesh

..... fresh petition was filed the respondents had spent huge amount of money for investigative and research purposes and had also obtained permission from various authorities under the indian electricity act and the environment protection act. we cannot permit the respondents to blow hot and cold at the same time. according to the respondents the pia could not be signed till the ..... mr. anil wahal to make any commitment of equity in the joint venture or consortium.58. in respect of energy infrastructure overseas limited by the letter of authorisation in format 1-a, energy infrastructure overseas limited had only authorized mr. dean gesterkamp and anil wahal to sign and furnish the information desired by the government of h.p. but ..... down in tata cellular's case and reliance airport's case still govern the field. the legal proposition is absolutely clear that even in cases relating to contract the state is bound to act fairly. its decision should not be arbitrary or discriminatory. its action should be guided by the principles of equity and fair play. the court has ..... that brakel corporation nv shall be the lead developer of the project. condition no. 8, which is relevant reads as follows: '8. accordingly the 'company' members, if the contract is awarded, shall have the following responsibility:sr. no.namerole responsibilityproposedequity1. brakel corporation nvalongwith its constituent members each of which will tentatively hold thefollowing equity (energy infrastructure overseas limited (10 .....

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Jul 22 2008 (HC)

Smt. Dev Dassi Vs. United India Insurance Company and anr.

Court : Himachal Pradesh

Reported in : 2010ACJ135,2008(2)ShimLC484

..... and thus in our view the employees cannot be said to be governed by any of the standard terms and conditions, contained in standard printed format, which are usually applicable to regular customers under normal conditions. it was a special scheme, compulsory in nature, made applicable by the state government ..... in accordance with the scheme, annexure p-1.11. per contra, mr. sharma, learned counsel appearing for the insurance company has argued that the contract governing the parties are the terms and conditions contained in the insurance policy and not the scheme which is not binding on the company. in ..... 6.2005, shri beli ram (hereinafter referred to as an employee) was found dead and fir no. 166 of 2005 under sections 302 and 201, ipc was registered with the police station, sadar, shimla. the petitioner herein, being the wife of the deceased employee lodged the claim intimation letter and claim ..... around and deny the legitimate claim defeating the object and purpose of the scheme.25. the insurance company is a state and ought to have acted in a fair and just manner. their actions are absolutely arbitrary, unreasonable and unjustifiable. it ought to have come forward and accepted the claim ..... per the post-mortem report the alcoholic contents were only 345 mg. unfortunately, he was murdered by his neighbours, two of whom were juveniles. no act resulting into death, is attributable to the employee.16. natural meaning is to be given to the intention of the parties and the contents of .....

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