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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: madhya pradesh Page 1 of about 58 results (0.059 seconds)

Dec 14 1960 (HC)

Century Spinning and Manufacturing Co. Ltd. Vs. Motilal Dhariwal

Court : Madhya Pradesh

Reported in : AIR1961MP333

..... was 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 its ..... the court that it may determine whether the action shall be stayed or not. section 34 of the indian arbitration act as is well known is a virtual reproduction of section 4 of the english arbitration act of 1889. the observations quoted above were approved of by mr. justice s. r. das in the ..... . moran and co., (s) air 1955 sc 53. in this case, the plaintiff had alleged in the plaint that he had acted as a broker only in bringing about two contracts of sale between their principals and the defendant. the relief claimed was a declaration that they were not liable under the ..... may be filed by the parties in support of their respective claims. if the court finds that the original contracts have not been discharged, the suit shall be stayed under section 34 of the act, otherwise the suit shall be allowed to proceed. the costs of this appeal shall be borne as incurred. ..... indian arbitration act (hereinafter referred to as the act) by the defendant in civil suit no. 2-b of 1958 against the order of the first additional district judge, raipur, passed on 25-3-1960 dismissing its application for staying the trial of the suit under section 34 of the act.2. the plaintiff alleged that two previous contracts .....

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Dec 23 1960 (HC)

Mulla BadruddIn Vs. Master Tufail Ahmed

Court : Madhya Pradesh

Reported in : AIR1963MP31; 1962MPLJ61

..... in importance after the city was made the capital of the new state of madhya pradesh. in fact, the suit was brought before the formation of the state. there is no evidence in the case given by the defendant to establish that there was considerable rise in prices up to ..... consideration at the time it was entered into and the value of the property had considerably risen subsequently, that does not affect the enforceability of the contract. the validity of a transaction should on principle be judged as on the date of the transaction. as remarked in venkateswara ayyar v. raman ..... circumstances proved.'in sankaralinga v. ratnaswaml, air 1952 mad 389 a division bench of the madras high court after reviewing various authorities observed :'..... a contract which has been abandonee has no legal existence for any purpose and it cannot be the foundation for any relief whether it be specific performance or ..... w. 3) would give a false version favouring the plaintiff on this point.11. another point leading to the same conclusion is that if the contract were cancelled as alleged, thedefendant would not have allowed the plaintiff to continue in possession up to 1956, when the suit was broughtand further the ..... equity cannot bo imported into the indian law in view of article 113, lim. act, which fixes a period of three years within which a suit for specific performance should be brought. except in mercantile and business contracts, time is not of the essence of the contract, but it may be material for .....

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Apr 30 1965 (HC)

Dayabhai and Co. Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Reported in : AIR1966MP13; [1966]59ITR364(MP); 1965MPLJ644

..... in doubt. an agreement entered into between certain persons to form a partnership being contractual in nature would like any other contract, become illegal if, as stated in section 23 of the indian contract act, the object of the agreement (a) is forbidden by law; or (b) is of such a nature that. ..... that the partnership constituted by the deed of 1st august 1954 was legal and valid; that there was no provision in the motor vehicles act prohibiting the formation of a partnership for carrying on the business of running stage carriages and trucks; that the partnership firm could carry on business on ..... he achieved without violation of law; or that its attainment issought in a manner forbidden by law. now, the motor vehicles act, 1939, does not prohibit the formation of a partnership for carrying on the business of running stage carriages and trucks. it does not lay down either that if a ..... firm. the tribunal found that in the balance-sheets as on 31st march 1955 and 31st march 1956 the vehicles owned by dayabhai before the formation of the partnership were shown as assets of the firm itself. these entries arc altogether irrelevant in determining the legality of the partnership. the ..... and cinema exhibition.' the partnership business commenced from 1st august 1954. clause 3 of the agreement between the two brothers stated:' . . prior to the formation of firm motor bus and truck plying business at barwani was being carried on by shri dayabhai as a proprietary concern. but due to lack of .....

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Jun 18 2007 (HC)

A.S. Motors Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : I(2008)BC546

..... that no case for interference exercising jurisdiction under articles 226/227 of the constitution is made out.10. refuting the contentions with regard to applicability of section 74 of the indian contract act, the question of recovery, and imposing of penalty without proof of loss, mr. gupta, learned senior counsel taking me through the observation made by the supreme court in the case ..... matter of forfeiting the performance security and revocation of the bank guarantee, i.e., imposition of the penalty.26. to decide the question of applicability of section 74 of the indian contract act, effect of the same on the facts and circumstances of the present case and the reasonableness of the amount to be recovered from the petitioner for breach of ..... /- all the drafts are to be drawn on central bank of india and payable at gwalior. this clause also contemplates a provision for submitting a bank guarantee as per the format prescribed valid for a period of 15 months and the amount of bank guarantee is indicated as rs. 2,20,00,125/-, sub-clause (c-ii) of clause 17 gives ..... , payee demand draft or pay order drawn on any public sector bank, the amount of performance security was equal to three months agreed remittance; (b) a bank guarantee as per format prescribed by the national highways authority of india from any public sector bank in india amounting to rs. 2,20,00,125/- which is also equal to three months agreed .....

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Feb 13 1973 (HC)

Gajanan Saw Mill Vs. the State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1973MP235

..... change of one's position for the worse because of reliance on another's act is an element of estoppel.'11. the learned authors pollock and mulla in their commentary on the indian contract and specific relief acts (ninth edition) at page 48 have discussed the doctrine of promissory estoppel in the ..... accept this contention would be to give a go by to the principles of the indian contract act, 1872,22. it was also argued by the learned advocate-general on behalf of the respondents that there was no contract as prescribed by article 299(1) of the constitution of india. in this connection ..... overthrown by a side-wind. its ill effects have been largely mitigated of late, but it still remains a cardinal necessity of the formation of a contract, though not of its modification or discharge.' thus, the position of promissory estoppel or quasi-estoppel in the english law has been changing ..... is known variously as 'equitable' or 'promissory' or 'quasi' estoppel'. 4. the learned authors. cheshire and fifoot in their treatise on the lawof contract (seventh edition) at page 83, elucidated the doctrine as under:'the doctrine would meet admirably the situation in the high trees case but for one ..... . but. such orders were not despatched for being communicated to the forest contractors. therefore, it is the contention of the respondents that the contracts in all other writ petitions wera inchoate, which would not confer any rights on those petitioners. whatever rights may have become choate would be in .....

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Apr 30 1960 (HC)

Gwalior Rayon Silk Manufacturing (Weaving) Co. Ltd. Vs. the Union of I ...

Court : Madhya Pradesh

Reported in : AIR1960MP330; [1961]43ITR184(MP)

..... the learned counsel for the petitioner that there being thus a constitutional obligation on the government of india to exempt the petitioner from taxation the relevant provisions of the indian income-tax act, finance act of 1950, and the taxation concessions order, 1950, purporting to authorise imposition of tax on the petitioner, company so as to abrogate the exemption were unconstitutional and ..... full autonomy and sovereignty except on three subjects : defence, external affairs and communications, these were transferred to the central government of the new dominion.' the fact that with the formation of the union the legislative power of the dominion parliament was extended by revised instruments of accession to all matters specified in the federal and concurrent lists does not alter ..... article 295 was merely concerned with the fact of vesting of property and assets and with the transference of rights, liabilities and obligations; that it did not make any contract or grant out of which any rights, liabilities or obligations might arise apart of article 295(1)(b): and that any legislation touching the vesting of property and assets ..... the point whether article 295(1)(b) can be read as enjoining the government of india to fulfil all the obligations and discharge the liabilities arising out of any contract or otherwise and devolving on it under that provision. learned counsel for the petitioner maintained that the provision had that effect. he contrasted the language of article 295(1 .....

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Mar 28 2006 (HC)

Deputy Commissioner of Income Tax Vs. Turquoise Investment and Finance ...

Court : Madhya Pradesh

Reported in : (2006)202CTR(MP)395; [2008]299ITR143(MP)

..... mentioned contracting state. considering the submission of the counsel, it was observed that section 90 enables the government of india to enter into an agreement with the government of any country outside india for the granting of relief in respect of income on which income-tax has been paid under the indian act and ..... the other country outside india and for the avoidance of double taxation of income under the act, and under the corresponding law in force in the other country. tax treaties are for that ..... model convention of 1977 presented by the organisation for economic co-operation and development (oecd) is inappropriate and unjustified. further, it is not really the format adopted that really matters when basically they differ in their content and approach. a perusal and comparison of the content and purport of the articles in ..... for a resident in india to be taxed in terms of sections 4 and 5, if he is deemed to be a resident of a contracting state where his personal and economic relations are closer, then his residence in india will become irrelevant, the treaty will have to be interpreted as ..... the same time, art. xi of the agreement provides that dividends paid by a company which is a resident of a contracting state may be taxed in the first mentioned contracting state. in this view of the matter, their lordships answered the question of law in the affirmative and held that the .....

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Sep 14 1993 (HC)

Sunil Kumar Vs. Usha W/O. Sunil Kumar

Court : Madhya Pradesh

Reported in : AIR1994MP1; 1994(0)MPLJ201

..... to shed 'teedium vitae'. the respondent did return only to be greeted by the command of 'no entry'. after all, how long should an indian woman suffer the fate of having 'milk in breasts and tears in eyes'? it is time to grant her emancipation. the husband should realise his ..... matrimonial home on failure of the husband to provide her home of congenial atmosphere and to provide her with protective umbrella of safety, then such an act, decreed by fate, cannot be given insignia of desertion. i hold against the appellant and answer the aforesaid three questions, as formulated above, in ..... reasonable cause and without the consent' as employed in the explanation, inserted by act no. 68 of 1976 and quoted above, must mean that the conduct of the other party should not be such as may reasonably cause formation of requisite 'animus deserendi'.19. it might sound tautologous to define desertion. yet ..... the necessary pleading is contained in para 2 of the petition. the fulcrum is the resistance to sexual intercourse. this has been branded as an act of cruelty. this allegation has been categorically controverted in para 2 of the written-statement. aw 1 sunil kumar reiterated this grievance in this sworn ..... the marriage was consummated and cohabitation was never denied. 8. as noted above, the husband petitioned under section 13(ia) and (ib) of the act for dissolution of marriage by decree of divorce. the provisions are as extracted below-'that the other party- (ia) has, after the solemnization of the .....

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Mar 13 1999 (HC)

Jabalpur Cable Network Pvt. Ltd. Vs. E.S.P.N. Software India Pvt. Ltd. ...

Court : Madhya Pradesh

Reported in : AIR1999MP271

..... , argued that the question of jurisdiction under clause 15.2 (a) of the agreement is ultra vires and is contrary to section 28 of the contract act. according to him, the parties could not confer jurisdiction on a delhi court when it had none. the nature of agreement showed mat the cause of ..... damages. 25. the learned counsel for the respondents nos. 1 and 2 draw the attention of this court to sections 52 and 54 of the contract act. he argued that it was the appellant who was required to pay the money first under the agreement and as a consequence thereof he was entitled ..... such courts, shall try the suit, it is not opposed to public policy, within the meaning of section 23 of the contract act; and it does not contravene section 28 of the contract act. relying on the aforesaid proposition it has been argued that the respondent no. 1, which is a registered company, was carrying ..... below but the respondent no. 3 was also made aparty to it. it is alleged in paragraph 7 of the application that the agreement in printed format was got signed by the managing director of the petitioner (appellant) -- company at jabalpur through shri shashendra lahri, one of the partners of the ..... such subject-matter. 15.2 covering law and arbitration (a) the substantive rights and obligations of the parties under this agreement shall be governed by indian law. all claims and controversies hereunder shall be adjudicated exclusively in the courts of delhi, india where the present agreement has been signed and executed .....

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Feb 28 1992 (HC)

Bakatawar Singh Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1992MP318; 1992(0)MPLJ953

..... , if rescission is no longer possible, he must affirm.'similar remedy is provided in section 19 and 10-a of the indian contract act, 1872 because the accountability of the agent is only to his principal. sections 19 and 19-a of the contract act read as follows :'19. when consent to an agreement is caused by coercion, fraud, or misrepresentation, the agreement is a ..... as the law specially declares to be fraudulent.' in the same sequence, what is meant by 'undue influence' may also be mentioned by quoting section 16 of the contract act:'16.(1). a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the ..... entitled to avoid it has received any benefit there under, upon such terms and conditions as to the' court may seem just.''misrepresentation' as defined in section 18 of the contract act includes: 'any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or anyone claiming under him, by misleading another to his prejudice ..... , shall not be acceptable 'and as pointed out by the respondent no. 4 in paragraph 22 of its counter-affidavit to thepetition, while replying petition para 20(d):'.........a price format was given by therespondent no. 2 to be followed strictly by the bidders in indicating their individual break up figures. the respondent no. 2 also stipulated that they have 18 .....

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