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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: patna Page 1 of about 25 results (0.076 seconds)

Jan 22 2004 (TRI)

Dy. Commissioner of Income-tax Vs. Murrah Live Stock Agency

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)91ITD198(Pat.)

..... o. had a bonafide belief about the escapement of income of the assessee, it has to be considered as to whether the facts and circumstances justify the formation of the belief in contrast to suspicion. there has to be some material on record on the basis of which the a.o. formed a bonafide belief ..... put it differently, it is open to the court to examine the question whether the reasons for the belief have a rational connection or a relevant bearing to the formation of the belief and are not extraneous or irrelevant to the purpose of the section." 21. in the case of ganga saran & sons p. ltd. v. ..... is not a mere formality, it is mandatory, and failure to fulful that condition would vitiate the entire proceedings. further, the formation of the required belief is not the only requirement: the officer is further required to record his reasons for taking action under section 34(1)(a) and obtain ..... of johri lal (huf) v. c.i.t. [(1973) 88 i.t.r. 439 (sc)], their lordships of the supreme court held as under:- "the formation of the required belief by the income-tax officer before proceedings can be validly initiated under section 34(1)(a) is a condition precedent: the fulfillment of this condition ..... registered by the c.b.i. for commission of offences punishable under sections 409/420/467/468/471/472/474/120b ipc and section 13(2) read with section 13(1)(c) & (d) of p.c. act, 1988. this fir is numbered as rc.55(a)/96-pat. dated 17.4.1996. the following persons are .....

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Mar 04 2004 (TRI)

Deputy Commissioner of Income Tax Vs. Murrah Live Stock Agency

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)84TT(JP.)at547

..... extraneous or irrelevant to the issue and the material on which the belief is based must have a rational connection or live link or relevant bearing on the formation of the belief." 17. in the case of sheo nath singh v. aac (1971) 82 itr 147 (sc), their lordships of the supreme court held ..... not a mere formality, it is mandatory and failure to fulfil that condition would vitiate the entire proceedings. further, the formation of the required belief is not the only requirement: the officer is further required to record his reasons for taking action under section 34(1)(a) ..... the case of johri lal (huf) v. cit (1973) 83 itr 439 (sc), their lordships of the supreme court held as under : "the formation of the required belief by the ito before proceedings can be validly initiated under section 34(1)(a) is a condition precedent: the fulfilment of this condition is ..... , government of bihar. as pointed out earlier, validity of initiation of proceedings is dependent on the formation of the belief. it gives the ao the right to reopen a completed assessment.the provisions of the it act clearly provide the procedure for making the reassessment after the initiation has validly been made. provisions of ..... registered by the cbi for commission of offences punishable under section 409/420/467/468/471/472/474/120b ipc and section 13(2) r/w section 13(1)(c) and (d) of prevention of corruption act, 1988. this fir is numbered as rc 55(a)/96-patna, dt. 17th april, 1996. the .....

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May 23 2006 (HC)

Purnima Prasad and ors. Vs. the Oriental Insurance Company Limited and ...

Court : Patna

..... grounds such as fraud, misrepresentation, non-fulfilment of the obligations by the insured, or where the performance of obligation under the contract to renew the policy as stipulated is dispensed with or excused under the provisions of the indian contract act or of any other law.17. it is a settled legal position that where, after every effort to reconcile more than two ..... undertaken by them and cannot claim to be excused by the mere fact that performance has subsequently become more burdensome. a party cannot be absolved from viability to perform a contract merely because the performance becomes more onerous. (see alopi parshad and sons ltd. v. union of india reported in : [1960]2scr793 ). refusal would, however, be justified on the ..... quality of medical services which otherwise might be out of the reach of such persons. the mediclaim scheme is, therefore, not a subject of mere private concern of two contracting parties, but a result of national concern reflected in the norms of national health policy.14. any tendency to undertake risk selection so as to insure low-risk individuals and ..... general insurance business in india has been removed. however, despite entry of private companies in the field, these government companies cannot overlook the underlying object of their formation and the constitutional obligation to act in a fair and reasonable manner without arbitrariness, in providing cover to persons in the field of general insurance. it is the statutory duty of these government .....

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Jul 02 2008 (HC)

Tenughat Vidyut Nigam Ltd. Vs. the Union of India (Uoi) and ors.

Court : Patna

..... section-51 is in respect of civil deposit or loan fund deposit, section-52 deals with provident fund, section-53 with pensions, section-54 with contracts, section-55 with liability in respect of actionable wrong, section-56 with liability as guarantor, section-57 with items in suspense, section-58 with residuary ..... bihar by a resolution dated 10.9.1987 resolved to establish tenughat vidyut nigam as a company incorporate to act as a generating company under provisions of the indian companies act and the electricity (supply) act, 1948. tvnl with registered office at patna was incorporated as a company and a certificate of registration ..... fell within the territorial jurisdiction of state of jharkhand on account of bihar re-organisation act, 2000 (hereinafter referred to as an 'act') which came into force w.e.f. 15.11.2000.4. on account of formation of a new jharkhand state from the appointed day i.e. 15.11.2000 ..... jj.1. this letters patent appeal has been preferred by tenughat vidyut nigam limited (hereinafter referred to as 'tvnl') a company incorporated under companies act, 1956 having its registered office at vidyut bhawan campus, baily road in the town of patna, through its secretary against judgment of learned single judge ..... the earlier existing state of bihar was deprived of its territories over several districts as set out in section 3 of the act.5. the present dispute has its roots .....

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Jul 01 1997 (HC)

Seth Srenikbhai Kasturbhai and ors. Etc. Vs. Seth Chandulal Kasturchan ...

Court : Patna

..... of india; (d) the agreement came into existence because of misrepresentation of facts by the swetambar: (e) the agreement is void under the provisions of indian contract act, indian forest act and bihar land reforms act; (f) the contract is illegal for the reasons that it opposes and is against the public policy and public interest and caused impediment in enforcing the public policy and public ..... page 26-27 (bell v. lever bros.) 200. according lo mr. eqbal. the agreement of 1965 i.s not only against the provisions of the indian forest act and bihar land reforms act hut also void under the indian contract act. as the same is based on misrepresentation, wrong assumption of facts and totally against the public policy. in (1977) 2 scc 424 : (air 1977 ..... the agreement was based on not only mistake of facts, misrepresentation and also suppression of very vital facts then the same is definitely hit by section 20 of the contract act. without going into much differentiation regarding mutual mistake or unilateral mistake or bilateral mistake but mistakes were there and those were not mistakes of negligible manner but mistake of ..... for proper management of the religious institution. but that sugestion was not readily acceptable and hence the appeals were heard in details. i still reiterate my feelings about the formation of committee and then prepare a scheme as lo how the institution could be saved from further litigation and for its proper upliftment and facilities lo its devotees with all .....

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Jul 20 2007 (HC)

Hardinge Memorial Fund Trust Through Its Secretary Haroon Rasheed Vs. ...

Court : Patna

..... high court in case of kamurudeen sahib and ors. v. noor mahomed usman sahib and ors. reported in air 1916 madras 657(3).25. the indian trusts act, 1882 specifically defines that the 'trust' is an obligation annexed to the ownership of property and arising out of a confidence reposed in and accepted ..... the executive officer, patna administration committee, ex- officios along with other six trustees, and only after 65 years, the government is seeking to challenge the formation of trust fund. explanations with respect to the other issues were given in various sub-paragraphs of paragraph 10 of the said show cause.10. considering ..... -3) was not signed by the owner of the property and hence persons who had executed the said deed of trust were not competent to contract, nor there was any permission from any court of law, hence there was no question of any transfer of proprietary right over the land and ..... beneficiary and the trust property and also transfers the trust property to the trustee. section 7 of the said act provides that a trust may be created by every person competent to contract and with the permission of a principal civil court of original jurisdiction, by or on behalf of a minor. ..... khata number and tauzi number of the said land were not fixed, it has been described by its boundaries which are as follows: south- east indian railway line.west- surpentine ditch which runs through the new capital site.north- a land allocated for the sanitary institute.east- compound of the patna post .....

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Feb 07 2014 (HC)

The Organizer, Dehri C.D. and C.M. Union Limited Fazalganj, Sasaram, D ...

Court : Patna

..... to be one imposed by statute. it may be sufficient for the duty to have been imposed by charter, common law, custom or even contract." (judicial review of administrative act 4th ed. p. 540). we share. this view ..? 36. the next case would be the case of chandra mohan khanna vrs. ..... full bench was overruled by the apex court and i.c.a.r. was held to be `state. upon review of its function and its formation, it was held that it was an adjunct of the government though later registered independently as a society. sabhajeet tewarys case (supra) was confined to ..... not maintainable still granted some relief. it was urged before the apex court that the corporation was a company incorporated under the provision of the indian companies act. 56% of the share holding was of union of india and 32% was that of government of andhra pradesh. only 12% was of ..... in administrative law with its contents of fairness of procedure; lawfulness; reasonableness; non-arbitrariness; adherence to rules of natural justice has found resonance in the indian legal jurisprudence and have been consistently insisted upon by the courts in india. the courts in india have adopted and expanded the concept of good administration ..... that it was performing public duties. court was of the view that the public duties performed by the international organization were not duties of the indian government and, therefore, even in terms of article 226, no mandamus could issue. apex court through justice ruma pal did not accept the .....

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Mar 19 1997 (HC)

Manikant Pathak and ors. Vs. State of Bihar and ors.

Court : Patna

..... either as regards the nature of the function or as regards the liability and obligation makes no difference. section 617 of the companies act merely lays down the procedure regarding formation of government company and enables the government to carry on trade or business for effectuating the objects contemplated under article 298.6. ..... article 298 does not contemplate that trade or business is to be carried on or property is to be acquired, held or disposed of or the contracts are to be made only through the departments of the government. according to the counsel, it is open to the government to carry on trade or ..... the constitution of india envisages and permits the union and the states to carry on trade or business, acquire, hold and dispose of property and make contracts for any purpose. the only rider is that in case of the states, if the purpose is one with respect the which parliament is competent to ..... or s.l. agrawal's case : (1970)iillj499sc , to the extent of holding that writs can not lie against the government companies incorporated under the indian companies act, must be held to have been diluted. reference in this connection may be made to a decision of a division bench of this court consisting of two ..... of us (cj. and sj. mukhopadhaya, j.) in the case of the indian steel and wire products limited v. the state of bihar and anr. c .....

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Mar 19 1996 (HC)

Krishna Kumar Mishra and anr. Etc. Etc. Vs. State of Bihar and ors. Et ...

Court : Patna

..... that such proportionate reservation is repugnant and totally contrary to the constitution. according to the counsel, communal award for separate electoral roll for muslims was introduced by indian council's act, 1909, based on morley minto reference. separate constituencies were created for a different groups based on population divisions in society, but the same was consciously rejected ..... the society. disparity of income between various classes was substantial, communal holocast preceding and following partition resulted in communal distrust which jeopardised even the very fabric of the indian policy. scheduled castes and scheduled tribes as victims of history had suffered incessantly for ages. the backward classes equally suffered deprivations. it was in the aforesaid background, ..... 1906, which was ultimately converted as 'call for purna swaraj' in 1929. it was submitted that the 'swaraj' means self governance, which is the initial conception of indian democracy and any curtailment of such inherent right, particularly curtailment of right to participate in such self-governance, amounts to infringing the fundamental right and affecting the basic feature ..... , has also been challenged. the said schedule-i contains list of backward class. a provision relating to formation of gram kutchery (village court) which has been included under chapter-vi of panchayat act, 1993, is also under challenge in c.w.j.c. 6853/95. in the rest of the writ petitions, one or other aforesaid provisions are .....

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Mar 04 1994 (HC)

Dhanaraj Singh and Co. Vs. Commissioner of Income-tax and anr.

Court : Patna

..... where such income has been assessed at too low a rate; or (c) where such income has been made the subject of excessive relief under this act or under the indian income-tax act, 1922 (11 of 1922); or (d) where excessive loss or depreciation allowance has been computed. explanation 2. -- production, before the assessing officer, ..... to bear in mind that it is not any and every material, howsoever vague and indefinite or distant, remote and far-fetched, which would warrant the formation of the belief relating to escapement of the income of the assessee from assessment.' 18. the earlier decision in burlap dealers ltd.'s case : [1971]79itr609 ..... assessment for the assessment year 1949-50. an assessment order for the subsequent year could not by itself lead to any inference, much less to the formation of a reasonable belief that income chargeable to tax had escaped assessment in the previous year, on account of the failure on the part of the ..... on the reasons recorded by the assessing officer that it is a fit case for the issue of such notice.' 3. the petitioner-firm carries on contract business. according to it, it has maintained necessary books of account in the regular course of business and is being assessed to tax as a registered ..... .s. paripoornan, c.j. 1. this batch of three connected cases are filed by the same assesses, a firm, carrying on contract business. common questions arise for consideration in this batch of three cases. the respondent is the revenue. in this batch of cases, the .....

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