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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Sorted by: recent Court: allahabad Page 3 of about 142 results (0.074 seconds)

May 10 1951 (HC)

Asiatic Engineering Co. Vs. Achhru Ram and ors.

Court : Allahabad

Reported in : AIR1951All746

..... consisting of a series of mutual covenants entered into by all the share-holders inter se in accordance with section 16 of the companies act, 1862. the contract contained in the articles of association is one of the original incidents of the share. a share is not a sum of money settled ..... his business. he is still entitled to receive dividends on his shares, but no more.' 43. sir francis gore browne in his book on the formation, management & winding up of joint stock companies, ed. 38 p. 5, described the extent of the interest that a share-holder has in a ..... enough to cover the right or interest which a share-holder may have in the assets of an incorporated company. it is true that, under the indian companies act, it has been held that the properties or assets of a company belong to the company & not to its individual share-holders. in e. ..... thereafter deal with those distinguishing facts on which application no. 288 of 1950 is founded.2. the company was incorporated as a private company under the indian companies act in 1941 & has its registered office at 25/26 waterloo street, calcutta, in the state of west bengal. it is stated in the petition ..... & (7) amin agencies ltd. & pointed out that messrs. abdul jalil, abdul razzak, ghulam mohi uddin, saliha begum & salma begum were permanent residents of the indian union & were permanently residing at calcutta, that mohammad amin was in karachi & was looking after his business there & that messrs. amin agencies was a limited company incorporated .....

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Dec 05 1950 (HC)

Ramkishan Sunderlal Vs. Commissioner of Income-tax, U.P.

Court : Allahabad

Reported in : [1951]19ITR324(All)

..... distinguished from repair, is reconstruction of the entirety, meaning by the entirety not necessarily the whole but substantially the whole subject-matter under discussion.'in the indian income-tax act the word 'repair' is further qualified by the word 'current' which would further restrict its meaning to petty repairs, usually carried out periodically and ..... the circumstances of the case, starch factory could be held to have commenced working in the year of account or was only in a state of formation ?'this question again does not raise any question of law, the tribunal held that as there was no entry of manufacture of any starch in the ..... on such material as was available to it, that the factory had not commenced manufacture in the accounting year and was only in a state of formation. in the circumstances, no such question as has been framed by the tribunal arises, nor does the question raise any point of law.question no. ..... and lodging of partners in the course of tours under taken by them for business purposes is an allowable expenditure under section 10(2) of the act ?'the only paragraph in the statement of the case which relates to this question is as follows :-'the income-tax authorities found that the partners ..... since it has been referred we may say that, in our view, the amount could not be deducted under section 10(2)(v) of the act.the third and fourth questions referred to us do not also raise any question of law. the third question is as follows :-'whether in the circumstances .....

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May 11 1949 (PC)

Deep Chandra Vs. Ruknuddaula Shamsher Jang Nawab Mohammad Sajjad Ali K ...

Court : Allahabad

Reported in : AIR1951All93

..... with tyagaraja's case . there was no dispute in tukaram's case, (a. i. r. (10) 1923 bom. 236:76 i. c. 215) about the formation of a contract. it was an undisputed fact that a contract had been entered into and its terms reduced to writing. it was not contended that its operation was subject to the fulfilment of any condition precedent ..... cited establish this proposition that, when it is a point in issue in a case, whether negotiations started, with the object of forming a contract, were still open to bargaining or had resulted in the formation of a contract, the decision should depend on the intention of the parties, to be ascertained from all the facts and circumstances of that particular case. it ..... implied covenants of conveyances as mentioned in the above enactments are most certainly implied in the contracts of sale even now, so also will they be deemed to be implied in indian contracts of sale when we have a corresponding provision in section 55(2), t. p. act, even assuming for the sake of argument that the section refers to conveyances only.134. my ..... that it was a mere request or an expression of a desire as to the manner in which the transaction should go through and thus related not to the formation, of the contract but to the performance of it. on the other hand, it was contended on behalf of the respondents that the plaintiff was not willing to purchase the property without .....

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Mar 10 1933 (PC)

Nihal Chand Shastri Vs. Dilawar Khan and ors.

Court : Allahabad

Reported in : AIR1933All417

..... the law relating to contracts, but it is undoubtedly an authoritative statement of the chief rules relating to the formation, ratification and discharge of all agreements enforceable by ..... whole of british india. that act does not profess to be a complete code dealing with every branch of ..... the sake of argument, that act 21 of _1926 does not apply to 'acting' in criminal proceedings and we must then consider what law applies to the agreement as a whole, leaving that act altogether out of consideration.28. in my opinion, the law which the courts are bound to apply is the general law of contract, enacted in the-indian contract act, 1872 which extends to .....

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May 17 1928 (PC)

In Re: Indian Turpentine and RosIn Co. Ltd.

Court : Allahabad

Reported in : AIR1929All118; 114Ind.Cas.865

..... its resin, it would certainly have to take into account this additional royalty paid to the government. (4) as regards the definition of price, section 77, contract act states 'sale' is the exchange of property for a price. there is nothing in this definition which precludes the inclusion of this additional royalty as part of ..... government sold the factory in bareilly. (5) looking at the origin of the agreement of sale between government and the syndicate which resulted in the eventual formation of the company, we notice that the primary object of government was to obtain a market for its resin.7. in the order of appeal of ..... -26 as additional royalty to the local government is a sum which should not be included in the assessment of income-tax on the profits of the indian turpentine and resin company, limited. the company is allowed the costs of this referencemukerji, j.8. i agree with my learned brother in answering the ..... it entered into a deed of sale and an annexed schedule of agreement with a certain syndicate of three gentlemen who eventually floated the company called the indian turpentine and resin company, limited. the primary object of the local government was to have an assured market for the crude resin obtained from its forest ..... , j.1. this is a reference by the commissioner of income-tax in the following terms in regard to the business of the indian turpentine and rosin company, limited:is the share of the profits of the company in 1925-26, which was paid to the government .....

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Feb 14 1924 (PC)

Muhammad Abdul Jalil Vs. Moti Ram

Court : Allahabad

Reported in : (1924)ILR46All509

..... was that the company was an illegal association inasmuch as it consisted of more than 20 persons and therefore violated the conditions of section 4 of the indian companies act of 1882 which prohibits the formation of an unregistered company in excess of that number. if, in our opinion, the appellant is wrong in that contention then the appeal must fail. the companies ..... exceed 20 if certain persons, presumably members of a joint hindu family and so found by the judge, were in fact separate and thus capable of being regarded as separate contracting parties. the learned subordinate judge considered all, the arguments put forward and came to the conclusion that the persons alleged to be joint were in truth joint and could be ..... ganeshi lal, in respect of whatever interest he happened to hold in the company through her as trustee. again, as regards moti ram, it is to be noted that the contracting person, in the first instance, was the same moti ram who had a personal interest in the company, and the appellant and har prasad were bound to account to him ..... and also one of agency--it is dated the 20th of august, 1910--and omitting for a moment the consideration of the legality or otherwise of the inception of the contract, the liability to account was in that agreement clearly provided for, nor is there any dispute as to the actual failure to deliver accounts throughout the period as to which .....

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Feb 14 1924 (PC)

Motiram Vs. Kunwar Muhammad Abdul Jalil Khan

Court : Allahabad

Reported in : AIR1924All414; 78Ind.Cas.441

..... was that the company was an illegal association inasmuch as it consisted of more than 20 persons and, therefore, violated the conditions of section 4 of the indian companies act of 1882 which prohibits the formation of an unregistered company in excess of that number. if, in our opinion, the appellant is wrong in that contention, then the appeal must fail. the companies ..... exceed 20 if certain persons, presumably members of a joint hindu family and so found by the judge, were in fact separate and thus capable of being regarded as separate contracting parties. the learned subordinate judge considered all the arguments put forward and came to the conclusion that the persons alleged to be joint were in truth joint and could be ..... ganeshi lal, in respect of whatever interest he happened to hold in the company through her as trustee. again, as regards moti ram it is to be noted that the contracting person in the first instance was the same moti earn who had a personal interest in the company and the appellant and har prasad were bound to account to him ..... and also one of agency--it is dated the 20th of august 1910 and, omitting for a moment the consideration of the legality or otherwise of the inception of the contract, the liability to account was in that agreement clearly provided for, nor is there any dispute as to the actual failure to deliver accounts throughout the period as to which .....

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Jul 01 1909 (PC)

Angad Singh Vs. Srinath Das

Court : Allahabad

Reported in : 3Ind.Cas.403

..... the acceptors renders the fusion of a and b into one juristic person indispensable. such an incorporation, however, is not enough for the formation of the contract which creates a joint liability. the acceptance has to be expressed so that the contract may be formed. but a juristic person is incapable of giving expression to an acceptance or of doing any other executive ..... are present inasmuch as a joint act by two or more natural persons, without the formation of one juristic person which is represented by one natural person, is, as has already been shown, inconceivable. this leads me to remark that the expression when two or more persons make a joint promise 'in section 43 of the indian contract act, cannot be taken to mean that ..... to be done by a corporation. the correct and comprehensive proposition ', says sir frederick pollock, in his principles of contract p. 117, 7th edition, 'is that a corporation can do no executive act except by an agent and a corporate seal is only one way of showing that the person entrusted with it is an authorised agent of the corporate body '. the ..... a joint promise can proceed from them without their fusion into one juristic person who is represented by one natural person. the expression states the net result and does not go into the process which brings about that result.5. having analysed a joint contract and set forth the three .....

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Dec 12 2007 (HC)

Maa Vind Vasini Industries (a Partnership Concern Registered Under the ...

Court : Allahabad

Reported in : 2008(1)AWC1002

..... the president of india on 23.6.1999 and published in u.p. gazette (extraordinary) on 7.7.1999. section 13 of reforms act, 1999 provides for formation of a company namely uppcl registered under the companies act, 1956, which is required to undertake planning and coordination in regard to transmission, to determine electricity requirement in the state in consultation with the ..... wells/panchayati tube-wells and pump canals9. lmv-9 -- temporary supply10. lmv-10 -- departmental employees and pensioners11. hv-2 -- large and heavy power for industrial and other purposes having contracted load of above 100 hp12. hv-3 -- railway traction13. hv-4 -- lift irrigation works having load of more than 100 hp5. amongst the aforementioned categories, in the present case we ..... as it is not inconsistent with the provisions of act, 2003. it would be appropriate to reproduce section 185 of act, 2003 as under:185. repeal and saving.--(1) save as otherwise provided in this act, the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998(14 of 1998) are hereby repealed.(2 ..... given under the repealed laws shall, insofar as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act;(b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 (9 of 1910), and rules made thereunder shall have effect until the rules under .....

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Aug 17 2007 (HC)

National Overseas and anr. Vs. Export Credit Guarantee Corpn. of India ...

Court : Allahabad

Reported in : AIR2008All18

..... abandonment has not been considered by the head office and the petitioner has been requested to approach the corporations for the claim in the enclosed format duly filled in together with the necessary documents to be attached with details mentioned therein. the petitioner submitted the claim form as required by ..... during the course of transit of goods, it should come to the insured's knowledge that a country,(i) has banned the import of goods contracted for or(ii) has ordered confiscation of the goods, or(iii) has any circumstances existing in it which may lead to any loss.limitation ..... the aforesaid letter in the prescribed format on 4-3-2003. thereafter, the company has written the impugned letter dated 22-9-2004 stating therein that they have not received any ..... of the buyer, but the buyer did not receive it. it may be mentioned here that the consignments were sent through indian overseas bank. on 20-12-2001, the indian overseas bank wrote a letter to the petitioner that the consignments sent by the petitioner are still pending and the buyers' bank ..... that the memorandum of association of the company provides that it is wholly government owned company and it discharges the functions of the government and acts as. an agent of the government which gives guarantees and takes responsibilities to discharge such functions in the national interest. it includes the grant .....

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