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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: karnataka Page 1 of about 182 results (0.025 seconds)

Sep 04 1991 (HC)

Commissioner of Income Tax Vs. Hotel Sriraj

Court : Karnataka

Reported in : [1992]198ITR570(KAR); [1992]198ITR570(Karn)

..... of the revenue. 3. under the provisions of the indian partnership act, a minor cannot be a partner because a minor is not competent to enter into any contract. a minor can only the admitted to the benefits of the partnership. therefore, the law which enables the formation of a partnership, that is, the partnership act does not recognize a minor as a partner at ..... the number of persons/who constituted the firm were below twenty excluding the minors who were admitted only to the benefits of the partnership as per section 30 of the indian partnership act. this contention of the assessee was accepted by the appellate assistant commissioner and, accordingly, the appeal filed by the assessee was allowed. the appellate tribunal affirmed this view. hence ..... be regarded as a valid document for the purpose of registration. regarding the definition of 'partner' given in section 2(6b) of the indian income-tax act, 1922, which is analogous to section 2(23) of the income-tax act, 1961, according to which partner includes a minor who has been admitted to the benefits of partnership, the hon'ble supreme court has ..... in cit v. dwarkadas khetan and co. : [1961]41itr528(sc) . the relevant observation of the allahabad high court is quoted below (at page 520) : 'according to section 4 of the indian partnership act, partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them .....

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Mar 08 2012 (HC)

Vijaya Bank, Bangalore Vs. Suvasini S. Shetty and Others

Court : Karnataka

..... have applied for vrs on the newly offered terms; this inference can be drawn from the manifestly lukewarm response to the then extant vrs. in other words, under the indian contract act or purely on equitable ground it would be unfair and legally inconceivable to hold the petitioners thereafter to retire, since the terms and initiative had been varied and departed from ..... voluntary retirement under these regulations. obviously, for the purposes of the scheme, it has to be understood to mean with necessary changes in points of details. section 23 of the contract act has no application to the present fact situation.xxxx49.) it was vehemently contended on behalf of the banks that vrs 2000 was a self-contained scheme and it provided for ..... no.231/2000 dated 23.11.2000, the 4th paragraph of the application states-i have opted for pension under the vijaya bank (employees) pension regulations, 1995. the same format is common to all banks, save for the change of the name of the employer. significantly, the succeeding paragraph-5 of that very application states-i also seek voluntary retirement ..... amended before the vrs 2000 was implemented for two reasons. firstly, the iba recommendations were merely so and no more. the recommendations would metamorphose into a binding and enforceable contract on their acceptance by each of the appellant banks followed by amendments to the regulations. secondly, this exercise would have to have been completed contemporaneously with the implementation of the .....

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Nov 24 1952 (HC)

Commissioner of Income-tax, Mysore Cum Travancore-cochin, Bangalore Vs ...

Court : Karnataka

Reported in : AIR1953Kant73; AIR1953Mys73

..... air 1932 pc 232 (a), and to observations therein which are as follows :these considerations lead their lordships to the conclusion that under the indian act a person resident in british india carrying on business there and controlling transactions abroad in the course of such business is not by these mere ..... they are not saying that the place of formation of the contract prevails against everything else. in some circumstances it may be so, but other matters -- acts done under the contract, for example -- cannot be ruled out a priori. in the case before the board the contracts were neither framed nor carried out in british india ..... income-tax department of the government of india which was enforced and authorized to administer the provisions either of the mysore income-tax act or the indian income-tax act which may be applicable to the assessment with which we are concerned in this case, the assessment leviable and payable to the c ..... income assessed by the income-tax officer or any part thereof with which we are concerned in this case was not taxable under the indian income-tax act as applied to civil and military station, bangalore. in view of the peculiar circumstances of the case, the parties will bear their ..... before him. if the high court of madras was an authority which was exercising jurisdiction in the c. & m. station under the indian income-tax act of 1922 then proceedings which were pending before it and which were not finally disposed of on the date of the retrocession have to .....

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Mar 31 1986 (HC)

Commissioner of Income-tax Vs. Prakash Beedies (P.) Ltd.

Court : Karnataka

Reported in : (1986)55CTR(Kar)419; [1986]161ITR241(KAR); [1986]161ITR241(Karn)

..... england. but the fact that a firm possesses a distinct personality does not involve that the personality continues unchanged so long as the business of the firm continues. the indian act, like the english act, avoids making a firm a corporate body enjoying the rights of perpetual succession.'' 17. after referring to the cases and in particular to addanki narayanappa v. bhaskara krishnappa ..... : [1966]3scr400 , the court again observed thus 120 itr 59 : 'having regard to the above discussion, it seems to us clear that a partnership firm under the indian partnership act, 1932, is not a distinct legal entity apart from the partners constituting it and equally in law the firm as such has no separate rights of its own in the ..... question from general principles and the case law built around the same. 15. the partnership act of 1932 (central act ix of 1932) ('the 1932 act'), which was the earlier part of the contract act of 1872 has codified the law of partnership in the country. section 4 of the 1932 act defines 'partnership' as the relation between persons who have agreed to share the profits ..... a business carried on by all or any of them acting for all. the persons who have entered into partnership with one another are called individually 'partners' and collectively 'a firm' and the name under which their business is carried on is called the 'firm name'. the other provisions regulating the formation of partnership, rights and obligations of partners and dissolution of .....

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Oct 17 1968 (HC)

B. Narasimha Reddy Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Reported in : [1969]74ITR276(KAR); [1969]74ITR276(Karn)

..... and clearing contractor for the food department of the central government. during the relevant accounting year, he operated two lorries for the transportation of goods for the performance of the contract into which he had entered. he also used these lorries for the transportation of goods for others. in respect of the relevant period, the income-tax officer determined the income ..... original assessment was the income from one and the same business which he was carrying on and that business, as we have already observed, was the business which concerned the contract into which he had entered with the government of india. 4. now, in the reassessment proceedings, the income-tax officer increased the income from the transport business and reduced the ..... ,875 and the income from the lorry business to be rs. 8,600. but in proceedings under section 34 of the act when there was a reassessment of the income, the income-tax officer came to the conclusion that the income format the transport business was rs. 15,525 and that the income from the very lorry business was rs. 4,778 ..... somnath iyer, j.1. this is a reference directed by this court under section 66(2) of the indian income-tax act, 1922, at the instance of the assessee and the question of law which is now before us is whether, on the facts and in the circumstances of the case, the .....

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Jul 05 1995 (HC)

A.V. Laxman Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1995KAR2331; 1995(6)KarLJ620

..... any appointment, notification, order, scheme, or bye-law, made or issued, commencement certificate or permission granted by the bangalore development authority under the provisions of this act;(b) all objections and liabilities incurred, all contracts entered into, all matters and things engaged to be done, by, with or for the bangalore city local planning authority shall be deemed to have been incurred ..... only on the government order dated 13.1.1993 and not on any statutory provisions. similarly the contention of the third respondent that in a growing metropolitan city like bangalore formation of ring roads are necessary in order to ease-out traffic for which the bda is entitled to collect ring road surcharge, is also not supported by any statutory ..... construction of various buildings, apartments, multi-dwelling houses, there is bound to be pressure on the existing roads. in order to ease-out the pressure on the existing road, the formation of ring roads are envisaged and every private land developer who wants to develop the land, make profit by selling the multi strayed buildings or other constructions, cannot wriggle out ..... change in land use, group housing scheme and private lay-outs that would be formed by co-operative housing societies. it was further contended by the planning authority that the formation of ring road is one of the most essential features of the development of bangalore city. the metropolitan city of bangalore is a fast developing city and its requires amenities .....

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May 03 2005 (HC)

All India Manufacturers Organisation Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2005(3)KarLJ521

..... to law and against public policy, the learned judges held as under:'73. ... arbitration agreements are outside the purview of section 28 of the indian contract act, 1872. the choice of any arbitrator of any nationality, the place of arbitration and the procedure to be agreed upon for such arbitration cannot be ..... by a learned single judge who took the view that 60% of the acquisition of land by the state insofar as it related to the formation of roads, etc., was valid whereas the remaining 40% which was meant for the development of townships, conventional centre, etc., was invalid and ..... city by developing townships which will be self-contained. the expressway also contemplates high-speed roads to connect north and south of bangalore by the formation of peripheral road to ease out the considerable heavy traffic and congestion, which otherwise would ply through the city'. (emphasis supplied)9. all ..... if it is able to show that there was a fraud or collusion in obtaining the judgment in terms of section 44 of the indian evidence act. the onus of proving collusion or fraud in the previous proceedings is on the party who alleges it. in the instant case, the ..... execute the project only after examining the relevant facts and circumstances. this respondent submits that persons authorised are competent to sign the government orders and contracts on behalf of the governor of karnataka.(b).............(c) .......... the said project is not detrimental to the interest of citizens of bangalore but .....

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Feb 27 1998 (HC)

Arun Kumar Agrawal and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1999(1)KarLJ603

..... loan to the subsidiary company, leading to a suspicion regarding the payment of kickbacks and bribe. the cost of 122 million hong kong dollars is allegedly with respect to the indian contract at mangalore.15. referring to the balance sheet of the mpc, cogentrix and china light and power company, the petitioners have alleged that:'the balance sheet shows the share capital ..... been paid through the subsidiary, china light and power company as bribe, kickbacks, commission, etc., during the years 1994-95 and 1995-96 in violation of prevention of corruption act, the indian penal code and fera for the following reasons:(a) bribes/kickbacks are considered a part of development cost internationally. (b) in foreign accounting practices, there is no generation of ..... has also certified that the balance sheet is in agreement with the books of account and is presented in a manner required by companies act, 1956. however, the following expenses have not been shown. (i) expenses towards formation of the company amounting to rs. 37,480 which has been paid to the registrar of companies (annexure-c) towards incorporation. (ii) the ..... remuneration of the auditors themselves as provided in section 224(8) of the companies act for the fiscal year ending 1995 has not been shown. probably this .....

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Apr 08 2004 (HC)

Jindal thermal Power Company Ltd. Vs. Karnataka Power Transmission Cor ...

Court : Karnataka

Reported in : ILR2004KAR3463; 2004(5)KarLJ161

..... acceptable to us for more than one reason. the offer of the appellant subject to the approval of the board and lenders was not a condition precedent to the formation of the contract. they were conditions for the benefit of the appellant and could be waived by the appellant. the supreme court in jiwanlal v. brij mohan, : [1973]2scr230 held that if ..... and parties were ad idem on rate, escalation, quantity and tenure of purchase. therefore, despite the intention of the parties to have a formal agreement, there existed a concluded contract before the act came into force, since the parties had begun performing their respective obligation on the agreed terms. all the terms and conditions agreed upon in the order of the gok ..... in the decision- making. the commission being a statutory authority is duty- bound to act judiciously in performing its functions whether such functions are administrative or quasi-judicial. this position is well settled by the judgment of the supreme court in indian national congress v. institute of social welfare., : [2002]3scr1040 it is also well settled that if a statutory authority is ..... required to take a decision only after holding an enquiry, such statutory authority is required to act judiciously and the decision that may be given by such statutory authority .....

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Apr 03 2006 (HC)

B. Srinivasa Reddy Vs. Karnataka Urban Water Supply and Drainage Board ...

Court : Karnataka

..... impermissible in law is incorrect because all appointments to the posts are in the nature of contract which is governed by either the regulations or provisions of the indian contract act, 1872 or any other statutory provisions and therefore, he has contended that mere phraseology of word 'contract' is used in the appointment order cannot partake the real nature of the appointment order ..... obtaining interim order allowed ineligible appointee to continue in office as managing director. after his retirement he is again reappointed by the state government in the same post on contract basis, thereafter they have withdrawn the appeals making the order of this court passed in the earlier writ petitions ineffective, in which order this court has held that the ..... review in the anglo-american legal environment because the demands of development obligated by part iv compel creative extensions to control jurisprudence in many fields, including business administrative law, contract law, penal law, fiscal law and the like.x xx xxx xxx36. a pragmatic approach to social justice compels us to interpret constitutional provisions, including those like articles ..... (hereinafter called as the unions act'). it is asserted by it that it is the only registered trade union existing in the board. it is stated that the board had several negotiations with the association with regard to the service conditions of the employees of the board since its formation in the year 1986. the board has entered into several .....

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