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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: kolkata Page 1 of about 223 results (0.031 seconds)

Jun 18 1999 (HC)

Kishan Jawanjal and ors. Vs. Steel Authority of India Ltd. and ors.

Court : Kolkata

Reported in : (1999)3CALLT24(HC)

..... that contract is not for that reason voidable. 28. mrs. debjani sengupta, however, has contended ..... that on abolition of contract labour system, the erstwhile contract workmen would become direct employees of the principal employer. 27. mr. arijit chowdhury is right in his submission that a contract entered into under a mistake of law of both parties falls under section 21 of the indian contract act, 1872. if a mistake of law had led to the formation of a contract, section 21 enacts that ..... that the offending portion of the settlement dated 28.6.94 is void as it defeats the provisions of section 10 of the act, 1970 in the .....

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May 10 1962 (HC)

Shree Bajrang Jute Mills Ltd. Vs. Fulchand Kanhaiyalal Co. and anr.

Court : Kolkata

Reported in : AIR1963Cal140

..... held by the learned judge that where on an application made under section 34 of the indian arbitration act for stay of a suit, an issue is raised as to the formation, existence or validity of the contract containing the arbitration clause, the court is not bound to refuse a stay but may in ..... that issue and may, if necessary, set down the application for trial on evidence, even though it may involve a decision as to the formation existence and validity of the contract itself which incorporates an arbitration clause. this view was questioned by chakravartti c.j. in birla jute . v. dulichand : air1953cal450 , ..... 199 s.r. das j. held that on an application for stay of a suit under section 34 of the indian arbitration act 1940, where an issue hag been raised as to the formation, existence and validity of an arbitration agreement, the court is not obliged to grant the stay but has a discretion ..... was not maintainable because the applicant had previously made an application under section 33 and had failed to take the point that the contract wag violative of act vi of 1951 and the point directly related to the question of the existence and validity of the arbitration agreement. in spite of ..... thing done by the seller is to file the suit mentioned above. in the suit the principal point taken is that the contract is violative of the forward contracts (regulation) act being act lxxvii of 1952 the other points taken may be summarised as follows: (1) that no permission of the central government was .....

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Aug 17 1977 (HC)

General Enterprises and ors. Vs. Jardine Handerson Ltd.

Court : Kolkata

Reported in : AIR1978Cal407,82CWN437

..... question and it was held that where in an application made under section 34 of the indian arbitration act for stay of a suit an issue was sought to be made as to the formation, existence or validity of the contract containing an arbitration clause, the court was notbound to refuse the stay but might in ..... out what is the effect of the allegations made in the plaint and what is the nature of the suit filed.9. section 14 of the indian contract act stipulates that consent is said to be free when it is not caused by coercion as denned in section 15 or undue influence as defined in section ..... true. in this connection reliance may also be placed on section 27 of the specific relief act which deals with the conditions under which rescission of contract is permissible. section 64 of the indian contract act also deals with the restitution when a contract is avoided.10. in the case of m/s. east india commercial co. ltd., calcutta ..... with undue influence and coercion but it is necessary to refer to section 17 of the indian contract act which defines fraud and which states that fraud means and includes any of the following acts committed by a party to a contract or with his connivance, or by his agent with intent to deceive another party to ..... concealment of a fact by one having knowledge or belief of the fact, 3. 18 defines misrepresentation and section 19 of the indian contract act stipulates that when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a .....

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Feb 01 2002 (HC)

Broadway Centre Vs. Gopaldas Bagri

Court : Kolkata

Reported in : AIR2002Cal78

..... the said property has not passed on. the legal position of the formation of partnership by several persons who are bringing assets to the hotchpotch in the partnership is well settled. section 14 of the indian partnership act provides as follows :--'14. the property of the firm.-- subject to contract between the partners, the property of the firm includes all property and ..... entered into without consent so as to render it void or void ab initio. it is a case of voidable contract at the highest as it was alleged to have entered into under threat or coercion. under section 19 of (the indian) contract act, 1872 the defendant could have avoided it immediately thereafter. i do not find any whisper of avoidance. the ..... property of the plaintiff. all the partners have signed the said partnership deed and subsequently it was registered under the indian partnership act. 1932. the defendant indeed has admitted to have executed the said partnership deed.9. he submits that after formation of the partnership, a bank account was opened with the oriental bank of commerce on 27th march, 1990 in ..... his deemed capital contribution being the aforesaid amount of rupees 12 lakhs and odd and ghanashyamdas kankani contributed largest amount, viz., more than rupees 30 lakhs. after formation of the partnership, all partners acted upon accordingly for realization of rents, issues and profits for development of the market. however, mutual relation of defendant qua partner with other three partners was .....

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Feb 03 1982 (HC)

i.T.C. Ltd. Vs. George Joseph Fernandez and anr.

Court : Kolkata

Reported in : AIR1982Cal440

..... the agreement and (2) that even if the licence in question with which the judicial committee was involved was void under section 20 of the indian contract act, section 56 thereof was also applicable and therefore on that finding on the fact of the arbitrators with which the members of the judicial committee ..... it was held that where an application was made under section 34 of the indian arbitration act for stay of a suit and an issue was sought to be raised as to the formation, existence or validity of the contract containing the arbitration clause, the court was not bound to refuse the stay but ..... to the learned judge, to also consider the case as pleaded and find out whether the issues as to formation of the contract had been raised bona fide or merely to avoid the contract. in the facts and circumstances of the case the learned judge examined the application and refused to grant stay. ..... the parties aforesaid hereunder or any other matter arising out of the agreement shall be referred to arbitration in accordance with and subject to the indian arbitration act, 1940 and the venue of the arbitration shall be in madras or at calcutta and not elsewhere. 2. whereas the dispute have arisen ..... hereunder or any matter arising out of this agreement, shall be referred to arbitration in accordance with and subject to the provision of the indian arbitration act, 1940 or any statutory modification or re-enactment thereto for the time being in force and the venue of arbitration shall be madras or .....

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Mar 09 1938 (PC)

Nibaran Chandra Shaha Vs. Lalit Mohan Brindaban Shaha

Court : Kolkata

Reported in : AIR1939Cal187

..... 20, it is outside the act,meaning the english act of 1862, section 4 of which corresponds to section 4, indian companies act, 1913. we are however of opinion that the first ground on which the learned subordinate judge has based his decision on this point is a sound one. in the formation of a partnership, the basic element is contract. a trading association, which is ..... synonymous with the term 'a trading company' or 'a trading society,' to be within section 4, companies act, must ..... also be one formed on the basis of contract between its members. a joint family business concern however which by ..... its nature descends from father to son, in which interests are acquired by the succeeding generations not by an act of party but by the law of inheritance, is not an .....

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Feb 09 1956 (HC)

R.A. Dickie and Co. (Agencies) Ltd. Vs. the Municipal Board, Benares a ...

Court : Kolkata

Reported in : AIR1956Cal216

..... title so that it ceases to be a matter of mere procedure.section 11, limitation act is a plain recognition of this principle. though the proper law of contract determines most matters relating to the formation, validity and substance of the contract by virtue of section 11 of the indian limitation act, no foreign law of limitation is a defence to a suit in india unless ..... that law has extinguished the contract and the parties were domiciled in such country during the prescribed ..... period.section 11 of the indian limitation act is, however, not exhaustive. thus it .....

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Sep 07 2017 (HC)

Union of India Vs. Radha Chemicals

Court : Kolkata

..... point of limitation only. mr.ghosh will be at liberty to argue the exclusion of time allegedly available to him to prepare bills in proper format, in pursuing the writ petition in this court, the effect of admission, acknowledgement, etc.made by the union, if any, and so on ..... right when he submited that on the face of the award, the claim of the petitioner seemed to be hopelessly barred by limitation. the contracts were between 1987 and 1991. the claim in arbitration was made about 17 years after the firs.date of delivery. the period of limitation ..... 1991. in june, 2004, the respondent issued a notice under section 21 of the arbitration and conciliation act, 1996 stating that disputes and differences had arisen between the parties out of the contract/contracts and that the matter should be referred to arbitration. on 28th february, 2007 an officer of the ..... act [art.14].mr.ghosh for the respondent tries to save the award by making the following arguments: the railways had a procedure for receiving bills from contractors.each bill had to be in a format enclosing receipted challan, purchase order, etc.he referred to the system of payment mentioned in paragraph 2300 of the indian standard conditions of contract ..... ghosh relied in paragraph 5 of the judgment was not regarding limitation and cannot apply to limitation in view of section 3 of the limitation act. in fact, the court in banars.das versus kanshi ram & ors.reported in air1963sc1165cited by mr.ghosh opined that the point of limitation .....

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Apr 22 1994 (HC)

Nandalal N. Verma and Co. Ltd. Vs. Alliance Mills (Leasee) Pvt. Ltd.

Court : Kolkata

Reported in : (1994)2CALLT82(HC),99CWN433

..... accordingly, plaintiff cannot be allowed to proceed against defendant no. 2 whose right to sue against the said defendants is specifically barred by section 230 of the indian contract act and name of the defendant no. 2, is liable to be struck off from the plaint and the plaintiff can only proceed against the defendant no. ..... of the plaint according to mr. roy the plaintiff cannot proceed against the defendant no. 2 in view of specific bar of section 230 of the indian contract and as there cannot be any cause of action against the defendant no. 2, it cannot by proceeded with for the relief.8. the learned judge ..... in view of the rejection of the plaintiff's claim against defendant no. 2 by embargo flowing from specific legal provision viz. section 230 of the contract act which bars such suit against the defendant. the plaintiff cannot be allowed to proceed against the said defendant for the relief as its claim is hit by ..... view of that it appears that the learned judge in the trial has committed an error in formation of his opinion that an agent as well as principal can sue or to be sued on the basis of the contracts being annexures vide letters 'a' to 'g' of the plaint which cannot be looked into ..... are required to be looked into and not the written statement of the defendants. the formation of the opinion of the learned judge that the material averments in the plaint are contrary to the terms of the contract notes is not sustainable in view of the settled ratio of law as indicated in the .....

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Aug 26 1955 (HC)

R.C. Mitter and Sons Vs. Commissioner of Income-tax, West-bengal

Court : Kolkata

Reported in : AIR1956Cal303,[1955]28ITR698(Cal)

..... have just referred to, was carried a little further and) it was held that the fact that an instrument of partnership recorded the formation of the firm at an earlier date by a verbal agreement would not bar the registration of the firm with effect from the date ..... formation by a verbal agreement in the past.what a deed of partnership is, would appear clearly from the relevant sections of the partnership act of 1932, but as section 26a was introduced in the year 1930, it would not be right to refer to the present partnership act. but even were one to refer to the corresponding provisions in the indian contract act ..... with that of the word 'under' appear clearly from two decisions of english courts, which have frequently been referred to in the indian case law under section 26a, income-tax act.the first case is that of -- 'r. v. registrar of joint stock companies, ex parte johnston', (1891) 2 qb 598 ..... , one would find that they too were based, as they were bound to be, on the basic concept of a partnership agreement or a deed of partnership, which is that certain persons agree to engage in a joint venture or business, agree further to carry it on by all of themselves or any of them,' acting ..... under section 66(1), indian income-tax act of a question of law which so far as this court is concerned, is a question of first impression. broadly stated, the question is whether the only partnership which can be registered under section 26a, income-tax act for the purposes of a .....

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