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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1912 Page 1 of about 6 results (0.183 seconds)

May 13 1912 (FN)

Choate Vs. Trapp

Court : US Supreme Court

Decided on : May-13-1912

..... between the then colony of new jersey and the indians. the subject was a purchase on the part of the government of extensive claims of the indians, the extinguishment of which would quiet the title to a large portion of the ..... public service corporation is ordinarily construed, but will be construed liberally under the rule that all contracts with indians are so construed. the tax exemption provisions of the patents to indian allottees under the curtis act attached to the land for the limited period of the exemption. indians are not excepted from the protection guaranteed by the federal constitution, but their rights are secured ..... taxation, and then, in consideration of the arrangement previously made, one of which this act of assembly is stated to be, the indians executed their deed of cession. this is certainly a contract clothed in forms of unusual solemnity. the privilege, though for the benefit of the indians, is annexed by the terms which create it to the land itself, not to their ..... by the state by an act which, among other things, declared that the land "should not hereafter be subject to any tax." the indians, after many years, sold the land, and the state subsequently passed a statute repealing the exemption. this court, speaking by chief justice marshall, held that "every requisite to the formation of a contract is found in the proceedings .....

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Sep 19 1912 (PC)

Jamsetji Nassarwanji Ginvalla Vs. Hirjibhai Navroji Anklesaria

Court : Mumbai

Decided on : Sep-19-1912

Reported in : (1913)15BOMLR192

..... concludes from those facts, and we think correctly, that the property left by naoroji and used in the business was a loan under section 241 of the contract act. 5. it appears that until 1895 certain sums were drawn by maneckbai from the firm for the maintenance of herself and her children and that she was ..... credited with interest on deposits and a share in the profits. in the year 1895 the firm was in difficulties and the formation of a joint stock company was resorted to in order to prevent a financial disaster. by ex. 394, which was executed on the 30th of november ..... its making, that is no ground for rescision and restoration of the parties to the position in which they were before the contract was entered into. it appears to us, therefore, that the act of maneckbai in 1895 cannot be set aside and that the plaintiffs claim upon that ground must fail.12. the learned judge ..... suit had come before him, because, he states in his judgment that 'when the order for probate was revoked it was not known that maneckbai had acted as executrix.' this attempt to revoke the probate, which did not exist, was apparently resorted to with the idea that it might help the plaintiff in ..... 4. we gather from the findings of the district judge that maneckbai, widow of naoroji, was his executrix according to the tenor of his will and acted as such until her death in the year 1905. the assets of the deceased naoroji were retained in the firm by the surviving partners after his death .....

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May 01 1912 (PC)

Mati Lal Chandra Vs. Emperor

Court : Kolkata

Decided on : May-01-1912

Reported in : (1912)ILR39Cal1053

..... into british india, unless they can prove that the spirit used is foreign liquor and has paid the full duty imposed thereon by the indian tariff act or the bengal excise act. but this is rather discounted by another letter from the same gentleman to the collector of hooghly in which he says ipecacuanha wine ..... of messrs. b. k. paul, or at least became so as soon as the goods were delivered to him for conveyance to them under a completed contract of sale, (iv) that the possession proved in this case at the time of seizure is the possession of b.k. paul and co,, and not ..... paul to the second accused6. on the 5th september the two accused came to b.k. paul's shop, as they say, to discuss prices for a contract for which they were tendering, as messrs., b.k. paul expected to get a large order from the government of the united provinces or the punjab. ..... and their managers must be regarded as accomplices. we cannot therefore place any reliance on their unsupported statement that t.c. mookerjee was the sircar of the indian pharmacy, which they aver they learnt from tike accused themselves. the evidence of the deputy inspector of excise, hem chunder banerjee, who was employed to watch ..... value to the railway company, and it must therefore be held that the railway authorities regarded him as independent witness not in the sole employ of the indian pharmacy. it is clear that b.k. paul & co. alone derived benefit from this importation without duty from the french territory. they had been carrying .....

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May 01 1912 (PC)

Emperor Vs. Moti Lal Chander and anr.

Court : Kolkata

Decided on : May-01-1912

Reported in : 15Ind.Cas.961

..... into british india unless they can prove that the spirit used is foreign liquor and has paid the full duty imposed thereon by the indian tariff act or the bengal excise act. but this is rather discounted by another letter from the same gentleman to the collector of hughly in which he says that the ipecacuanha ..... the agent of messrs. b. k. paul or at least became so as soon as the goods were delivered to him for conveyance to them under a completed contract of sale. (4) that the possession proved in this case at the time of seizure is the possession of b. k. paul & co., and not ..... to the 2nd accused.6. on the 5th september, the two accused came to b. k. paul's shop as they say to discuss prices for a contract for which they were tendering as messrs. b. k. pal expected to get a large order from the government of the u. p. or the punjab, the ..... and their managers must be regarded as accomplices. we cannot, therefore, place any reliance on their unsupported statements that t. c. mookerjee was the sircar of the indian pharmacy, which, they aver, they learnt from the accused themselves. the evidence of the deputy inspector of excise, hem chander banerjee, who was employed to watch ..... value to the railway company and it must, therefore, be held that the railway authorities regarded him as an independent witness not in the sole employ of the indian pharmacy. it is clear that b. k. paul & co. alone derived benefit from this importation without duty from french territory. they had been carrying it .....

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Apr 02 1912 (PC)

PulIn Behary Das and ors. Vs. Emperor

Court : Kolkata

Decided on : Apr-02-1912

Reported in : 16Ind.Cas.257

..... evidence against the others, it must be completely established by independent evidence that they were conspirators. this argument is too broadly formulated and is negatived by section 10 of the indian evidence act, which provides that where there is reasonable ground to believe that two or more persons have conspired together to commit an offence, anything said, done or written by any ..... by the evidence, that there was widespread panic amongst the hindus and that means of self-protection were deemed necessary by men of intelligence and respectability. under such circumstances, the formation of a society avowedly for the development of physical culture and the rapid extension thereof in different districts is by no means a matter for surprise. that pulin behary das ..... of the paridarsak, was the object of subverting the government by force and expelling the english from india.20. further, they contend that the document inviting opinions as to the formation of samities shows a design to spread the bodies far and wide through the province and to honeycomb the province with societies arriving at this end. the explanation which has ..... was for unlawful purposes. they go further and say that it was formed for the physical improvement of the people of bengal and the actual stimulus which brought about the formation of the society was the oppression which the hindus in eastern bengal suffered at the hands of the mahomedans during the years 1906-07. a considerable amount of evidence has .....

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Feb 19 1912 (FN)

Jacobs Vs. Prichard

Court : US Supreme Court

Decided on : Feb-19-1912

..... the funds arising therefrom to his or her heirs, the department regarding the "consents as remaining in full force upon the decease of the indian executing the same," they being "in the nature of an agreement or contract to be carried out for the sole benefit of his heirs in case of his decease." the secretary added: "these lands are sold under ..... further condition that the assigned land should not "be aliened or leased for a longer term than two years," and "should be exempt from levy, sale, or forfeiture." upon the formation of a state, these restrictions could be removed by the legislature, but it was provided that they could not be removed without the consent of congress. it was also provided ..... directs the secretary of the interior "to make the necessary regulations to carry out the purposes" of its enactment. but we find no ambiguity in the act when we consider its purpose and the habits of indian life. it could not have been intended that, when proceedings had been instituted under it, they should be embarrassed always by the possibility of defeat ..... created something more than a mere revocable agency. it was a written agreement giving the commissioner (we drop the plural) full power to execute the provision and policy of the act of congress -- a power which could be confidently counted on as continuing against contingencies, and to terminate in a "complete conveyance of the land." that the "consent" was to have .....

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