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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1952 Page 1 of about 11 results (0.068 seconds)

Mar 04 1952 (HC)

inderchand Hari Ram Vs. Commissioner of Income-tax and C.P. and Berar

Court : Allahabad

Decided on : Mar-04-1952

Reported in : AIR1952All706; [1952]22ITR108(All)

..... continuous management of the affairs of the company was precisely the business of the assessee-firm which was one of the purposes of its formation under the indian partnership act. in this case, therefore, there was a continuity of the business of the firm.secondly, even a single venture can sometimes constitute ..... articles of association do not give any indication that the assessee firm was being appointed managing agents as servants and not merely as agents under a contract. in this case, therefore, a consideration of 'the documents appointing the assessee as managing agents of messrs. shankar sugar mills, limited, does not ..... affairs of a company, andincludes a director or any other person occupying the position of a manager by whatever name called and whether under a contract of service or not.' it is clear that there are only two main distinctions between a manager and a managing agent. the chief distinction ..... or a long-undertaking, but to any separate commercial adventure in which people may embark, this was a contract which came within section 2, sub-section 3(d), of the act with the liabilities imposed in such cases and possibly in accordance with a decision in the court of appeal ..... 'in the case of a director there may be special terms in the articles of association, or there may be an independent contract which may bring about contractual relationship between the company and the director and constitute the director an employee of the company; but independently of such special .....

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Dec 11 1952 (HC)

G.A. Galia Kotwala and Co. Ltd. Represented by Its Power Agent and Man ...

Court : Chennai

Decided on : Dec-11-1952

Reported in : AIR1954Mad119; (1953)IIMLJ372

..... on contracts, 13th edn. by p. h. winfield the principle is stated as follows at p. 232:'after the formation of a contract, certain sets of circumstances arise which, owing to the fault of neither party, render fulfilment ..... of frustration is raised, what the court has to consider is not whether one party or the other has done anything from which his responsibility for any breach of contract could be ascertained, but to see whether the circumstances pleaded did exist which could reasonably be considered as sufficient to hold that the parties are absolved from their obligations ..... reason of some event which the promisor could not prevent, unlawful becomes void when the act becomes impossible or unlawful.'in pollock ..... the result is the parties to the contract are discharged from their obligations under the contract. this common law principle of frustration has received statutory recognition by its incorporation in the indian; contract act in section 56 which is as follows :'an agreement to do an act impossible in itself is void. a contract to do an act which, after the contract is made, becomes impossible or by .....

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Nov 24 1952 (HC)

Commissioner of Income-tax, Mysore Cum Travancore-cochin, Bangalore Vs ...

Court : Karnataka

Decided on : Nov-24-1952

Reported in : AIR1953Kant73; AIR1953Mys73

..... air 1932 pc 232 (a), and to observations therein which are as follows :these considerations lead their lordships to the conclusion that under the indian act a person resident in british india carrying on business there and controlling transactions abroad in the course of such business is not by these mere ..... they are not saying that the place of formation of the contract prevails against everything else. in some circumstances it may be so, but other matters -- acts done under the contract, for example -- cannot be ruled out a priori. in the case before the board the contracts were neither framed nor carried out in british india ..... income-tax department of the government of india which was enforced and authorized to administer the provisions either of the mysore income-tax act or the indian income-tax act which may be applicable to the assessment with which we are concerned in this case, the assessment leviable and payable to the c ..... income assessed by the income-tax officer or any part thereof with which we are concerned in this case was not taxable under the indian income-tax act as applied to civil and military station, bangalore. in view of the peculiar circumstances of the case, the parties will bear their ..... before him. if the high court of madras was an authority which was exercising jurisdiction in the c. & m. station under the indian income-tax act of 1922 then proceedings which were pending before it and which were not finally disposed of on the date of the retrocession have to .....

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Apr 07 1952 (HC)

C.S. Hajee Mohamed Ibrahim and Co. Vs. Commissioner of Excess Profits ...

Court : Chennai

Decided on : Apr-07-1952

Reported in : AIR1953Mad221; [1952]22ITR324(Mad); (1954)IMLJ653

..... for the department in order to discharge the onus on them to establish merely that the transaction was one which came into existence after the act came into force. there should be additional circumstance or circumstances which would point to the conclusion that the object with which the parties entered into ..... it must be presumed that the transaction was within the mischief of section 10-a of the act. this argument if accepted would practically shift the burden of proof in every case to the assessee for the section can only apply to ..... income-tax commissioner, was the time-factor and the result, meaning thereby that if a transaction was brought into existence after the excess profits tax act came into force and when it continued to operate and if the result of the transaction was in fact to avoid or reduce the tax, ..... section 66(2) of the indian income-tax act the following question was referred to this court for decision by the appellate tribunal, viz.,"whether on' the facts and circumstances of this case the dissolution of the firm of hajee mohammed ibrahim and co. in 1941 and the formation of two partnerships each consisting ..... of two of the partners of the old firm at erode and salem were entered into with the main purpose of avoiding or reducing liability to excess profits tax."the question referred to us has to be decided with reference to the language of section 10-a of the excess profits tax act .....

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Oct 29 1952 (HC)

Mothey Krishna Rao Vs. Grandhi Anjaneyulu and ors.

Court : Chennai

Decided on : Oct-29-1952

Reported in : AIR1954Mad113; [1953]23CompCas90(Mad); (1953)IMLJ781

..... it is really to magnify another hurdle, which confronts the plaintiff in his search for court relief.11. this is section 21, specific relief act which sets out contracts, which cannot be specifically enforced. one such category is section 2(b) which is so dependent on tine personal qualifications or volition of the ..... in the articles so far as he was concerned was 'res inter alios acta'. eley had advanced a sum of . 200 to be expended in the formation of the company and the company-promoter arranged that he should be appointed permanent solicitor for life.this view was followed in -- 'brown v. la trinidad', ..... we have been referred to the privy council decision in -- 'high commissioner for india v. i. m. lair . mr. lall, a member of the indian civil service, was dismissed from service on certain charges. he filed a suit, which was tried by a bench of the lahore high court in the first ..... of those decisions would not be relevant for purposes of the present ap-peal. we have been referred to no decision either in english or in indian law in which a shareholder has succeeded, after removal from an office in the company, in obtaining a declaration that such removal was invalid and ..... sole secretary to do.5. the short point lor consideration is the legal effect of the memorandum and the articles of association. under section 21, indian companies act, 'the memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been .....

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Jan 15 1952 (HC)

Khagendra Nath Ganguli Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Jan-15-1952

Reported in : AIR1952Cal855

..... 1950 in f. a. 319 of 1943, to which i was a party.23. that appeal related to a suit for a declaration that certain formations in the bed of the river hooghly were not liable to assessment of revenue and. for consequential reliefs. the subject matter of that appeal was ..... to a liability of the province of bengal for an actionable wrong other than breach of contract and as the cause of action arose wholly within the territories of the province of west bengal as constituted by the indian independence order 1947, the liability became the liability of the latter province. consequently, by virtue ..... (page 45).19. the learned judge proceeded to state as follows :'the word 'wrong' in ordinary legal language means and signifies 'privation of right'. an act is wrongful if it infringes the legal right of another and 'actionable' means nothing else than that it affords grounds for action in law' (page 45). ..... from completing what on the plaintiff's case was an illegal or unauthorised act already commenced.'18. mukherjea j., who agreed with the con-elusion reached by kania c. j., patanjali sastri j. and chandrasekhara aiyar j., ..... respect of actionable wrong' and dissented from the view of this court that the phrase connoted 'only a liability for damages for a completed tortious act'.17. at page 12, patanjali sastri j., further said:'we consider that the words are apt to cover the liability to be restrained by injunction .....

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Sep 15 1952 (HC)

Naubat Rai Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Decided on : Sep-15-1952

Reported in : AIR1953P& H137

..... procedure followed by the court of enquiry. the complaint was that a. i. i. no. 212 had not been followed and rule 158 f. indian array act was disregarded. to this part of the case the learned advocate-general replied by referring to a judgment of their lordships of the privy council in -- ..... services and departments with the exception of interior economy of the army remount department and the military farms department rests with the commander of the formation or the area in which the unit is serving. the other allegations of the petitioner were denied. in paragraph 15 it was stated that ..... that they are merely directions given by the crown to the governments of crown colonies for general guidance, and that they do not constitute a contract between the crown and its servants.'at page 542 lord rpche observed :'they regard the terms of the section as containing a statutory and solemn ..... ) that under the army-in-india-regulations, the responsibility for the discipline of the personnel including the military farms rests with the commander of the formation or area. there is no rebuttal of this. if this question is seriously in dispute and has to be decided then the evidence such as ..... or authority, including in appropriate cases any government, directions, orders or writs etc. this goes beyond the provisions of section 45 of the specific relief act where no 'mandamus' could issue to the secretary of state, or the central government or the state government. the advocate-general referred to a .....

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Jan 15 1952 (HC)

Indian and General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja ...

Court : Kolkata

Decided on : Jan-15-1952

Reported in : AIR1952Cal508

..... the constitution as a whole was to commence at a later date, some of the provisions came into operation at once (article 394) and the government of india act, 1935 and the indian independence act, 1947 were repealed as and from the 26th november 1949. it cannot therefore be reasonably urged that after 26th november 1949, india still continued under a common sovereign ..... ) is surely out of touch with the facts of modern life. allegiance is all-important in public international law, but in itself has not been a contributing element to the formation of private international1 law ............ moreover to make allegiance the basis of jurisdiction is scarcely practicable in the case of the british empire. a british subject resident in new zealand owes ..... , cannot be the same from an international point of view. 'british rule' says ridge (constitutional law 8th edition, p. 475),'ended in india on august 15, 1947 when the indian independence act, 1947 created the two dominions of india and pakisthan. the whole complicated structure that british authority had enacted on the sub-continent, ended.'even the slender basis of allegiance to ..... its terms or implications, was to be governed by the english law. the contract has been placed in extenso before me. the deed of mortgage was executed in india. it is expressly stated to be subject to the indian trustees and mortgagees' power act, xxviii (28) of 1866. the provisions of clause xxi of the deed are very important in deciding a question .....

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Feb 19 1952 (HC)

Hindusthan Co-operative Insurance Society Ltd. Vs. Shyam Sunder and or ...

Court : Kolkata

Decided on : Feb-19-1952

Reported in : AIR1952Cal691,56CWN418

..... accepted the offerer's proposal but had never communicated the same to him. mere mental assent to an offer does not conclude a contract either under the indian contract act or in english law. the acceptance must in ordinary cases be communicated and if there is no such communication there is no concluded and ..... that if the appellants accepted his proposal the cheque should be appropriated towards the first premium and that such-appropriation would conclude the bargain or contract. the cheque was received on that implied understanding and in my view the appellants accepted the offer in the manner indicated by the offerer, ..... and does not require notice of the acceptance apart from notice of the performance.'18. the principle is stated thus in pollock's principles of contract (13th edn.) by winfield at p. 25 :'there is a material distinction, though it is not fully recognised in the language of our ..... l. j. said '{p. 262) :'unquestionably, as a general proposition, when an offer is made, it is necessary in order to make a binding contract, not only that it should be accepted, but that the acceptance should be notified.....i apprehend that they are an exception to that rule, or, if ..... a. c. 666 at p. 692.'15. there cannot be any doubt that a mere tacit formation of intention cannot constitute an acceptance of an offer. something more is required. there must be some overt act or speech from which that intention can be manifest. generally communication to the offerer is necessary. 'but .....

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Apr 29 1952 (HC)

Edward Ezra and ors. Vs. the State

Court : Kolkata

Decided on : Apr-29-1952

Reported in : AIR1953Cal263,56CWN875

..... certain individual firms and placing reservation orders had particularly been resorted to, because the leisurely procedure of inviting cpen tenders by means of advertisements and concluding formal contracts through the indian stores department was wholly out of place during the emergency of the war when quick supplies of enormous quantities of stores were needed for urgent military purposes. ..... 22 of 1945 (central).17th january 1946:ordinance of 6 of 1946 (central)20th september 1946:petition of complaint.30th september 1946:the bengal special tribunal (continuance) act 1946. (bengal act 12 of 1946) adapting ordinance 29 of 1943.28th october 1946:trial commenced. all accused appear and are released on bail. case opened by the prosecution.6th ..... proceed to deal with them chronologically. 'the criminal law amendment ordinance 1943, ordinance no. 29 of 1943.' this ordinance came into operation on 11th september 1943. all the subsequent acts and ordinances are based on this and are either variations or adaptations. the important provisions are set out below: section 3 -- 'constitution of special tribunals'. -- the central ..... all required, reference may be made to the case of -- 'united commercial bank ltd. v. their workmen', : (1951)illj621sc . that case was under the industrial disputes act, under which was constituted an industrial tribunal (bank disputes). by a notification dated 13-6-1949 the central government constituted an industrial tribunal in bank disputes consisting of mr. sen .....

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