Court : Madhya Pradesh
Decided on : Dec-14-1960
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 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-23-1960
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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-17-1960
Reported in : AIR1961SC21; 30CompCas667(SC); 1SCR191
..... areas from doing business without obtaining a licence. spot delivery contracts are excluded from the operation of sections 13, 14, 15 and 17 of the act, unless the central government by notification thinks fit to extend the operation of section 17 of the act to such contracts. section 19 prohibits formation of stock exchanges other than recognised ones except with the ..... were two stock exchangers, one called the native share and stock brokers' association, and the other the indian stock exchange limited. the former was in existence for more than 80 years and it was registered under the bombay securities contracts control act, 1925. its rules and bye-laws were approved by the government of the bombay and it was ..... as ready transactions. it has a clearing house and was doing extensive business in different kinds of securities.6. the other, namely, the indian stock exchange limited, was a company incorporated under the indian companies act, 1913, as a company limited by the guarantee without any share capital. the said company had been functioning since 1937, but was not ..... months immediately preceding the 6th august, 1957. explanation : 'active members' for purpose of this condition means members who have themselves transacted business regularly on the floor of the indian stock exchange limited either on their own account or on account of their clients.' ..............................................'18. to appreciate the argument it is also necessary to read the material provisions of .....Tag this Judgment!
Court : Chennai
Decided on : Feb-15-1960
Reported in : 1960CriLJ1625
..... term "extradition crime" means "a crime which, it committed in england and within english jurisdiction, would be one of the crimes described in the first schedule to this act." ch. ii of the indian act, sections 3 to 6, deals with surrender of fugitive criminals in case of foreign states. but in regard to ch. ill sections 7 to 18 surrender of fugitive ..... the jurisdiction is distinctly conferred on tile magistrates in british india to make preliminary enquiries and to take evidence on the in- formation given or complaint laid in regard to the offence alleged to have been committed by the native indian or british subjects of his majesty within and beyond limits of british india not being a foreign" state as defined in ..... shall not be delivered up until some form of procedure, initiated, prescribed and sanctioned by itself alone and not agreed upon by the contracting parties is satisfied; muthu reddi v. emperor a.i.r. 1930 mad 981. the extradition act is the law of land; not, so far as the third chapter is concerned, to be applied or this or that country ..... course, the matter would be wholly different, if the revision petitioner had not committed any offence or offences prima facie, as defined in our municipal law, namely, according to the indian act and its schedules. but it is not claimed that that is the case. 68. when we now come to menon's case , particular stress is laid by learned counsel for .....Tag this Judgment!
Court : Chennai
Decided on : Nov-10-1960
Reported in : AIR1961Mad398; (1961)1MLJ348
..... this action are not in dispute. they are enunciated in section 72(1) of the indian railways act, and, broadly stated, the responsibility of the administration is that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. further, sub-clause 3 of section 72 specifies that this responsibility is not ..... nor with the further statutory modifications of that liability. the present liability is primarily that of a bailee upon the standards specified in section 151 of the contract act. following the principles expounded in the leading case of coggs v. bernard, i sm. l. c. 175.i might here observe that the criterion in ..... . there were two stages of this raid, first at biccavole where the train arrived at 21/17 hours. when d. w. 2 peeped through the formation on the right side of the track, he found two persons running info the field from the train, after the train had been compelled to stop on ..... upon its own facts; the decisions can but reiterate the broad principles which i have earlier referred to, and which are not in dispute. thus, in the south indian rly. co., ltd. v. v. m. s. p. bros, : air1932mad545 , there was no actual evidence of theft.further, the learned judges specifically found ..... of goods consisting of 213 steel squares and 183 steel flats (of 18 feet length) weighing 20 tons. this consignment was despatched on 13-12-1953 by the indian iron and steel co., ltd., burnpur, west bengal, at railway risk under r. r. no. 46111, through wagon n. w. 50009 k. c. 20 .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-24-1960
Reported in : AIR1960Raj256
..... utilized for payment of customs duty would be refunded by the state of dholpur.he has further found that the indian 'contract act, the code of civil procedure and the indian limitation act were in force in the former state of dholpur and that the plaintiffs were entitled to recover the amount under ..... of india by instruments of accession executed in august, 1947, and thus they came within the definition of the term 'indian state given above. similarly, after the formation of the united state of rajasthan the rajpramukh of the united state acceded to the dominion of india and therefore this new ..... only of that property, assets and those rights, liabilities and obligations which were acquired by the united state of rajasthan from the date of its formation to the date when the constitution came into force. the framers of the constitution could not be oblivious of the rights, obligations and liabilities', ..... cession; and on principle it made no difference whether it was acquisition of new territory by an existing state or as in the present case, formation of a new state out of territories belonging to quondam states. in either case, according to their lordships, there is establishment of new sovereignty ..... importance is that if the then existing laws under which the rights and remedies of the subjects were secured were not repealed even after the formation of the new state, they would continue to operate in those territories, and would continue to be interpreted by the municipal courts of the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-30-1960
Reported in : AIR1960MP330; 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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-1960
Reported in : AIR1960SC1162; (1961)63BOMLR201; 39ITR775(SC); 3SCR557
..... nearly impossible and wholly unwise. 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; the high court's ..... travancore states and not in british india and was therefore exempt from tax under the relevant provisions (as they stood at the material time) of the indian income-tax act, 1922, and the excess profits tax act, 1940. thus, the dispute was about the place of accrual of the income in question. as to the managed companies, the income-tax authorities accepted the ..... : 24itr535(sc) . the assessee in that case, thiagaraja chettiar, claimed that a portion of the commission credited to it in the company's accounts accrued to it in the indian states where the company had opened branches for selling yarn and as the commission was not remitted to british india, it was not assessable to tax. this court observed : 'the ..... company ltd., for the periods material in this case. the appellant as also the aforesaid three managed companies were resident in the taxable territories within the meaning of the indian income-tax act. the business of the malabar steamship company ltd. and of the new dholera steamships ltd. was to carry cargo in cargo boats which touched ports in british india, cochin .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-25-1960
Reported in : AIR1961AP408
..... testimony obviously enough, does not inspire credence by reason of its inconsistency with the averments in his pleading. that apart, even if his statement as to the formation of the contract is accepted at its face value, essential pre-requisites of offer and acceptance cannot be held to have been made out. the 1st defendant in o. s ..... broken. so, then it is to be seen how far the plaintiff has made out his case. according to s. 5 of the sale of goods act a contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. it may be oral or in ..... to be clear that he would have incurred no personal liability to any one according to english law'.that the position is not far different even under the indian law can be gathered from the observations of the chief justice who delivered the opinion of the full bench in k. radhakrishnarao v. province of madras, : ..... order to the vendor to be signed, and on its being signed, he passes it to the vendee. in so doing he still does no more than act as a mere intervener between the principals. he himself, considered as only a broker, has no possession of the goods, no power actual or legal or determining ..... judge, vijayavada. the plaintiff-seller in both the suits is a firm registered under the partnership act doing business at vijayavada in jute products. the 2nd defendant who is a broker and is said to have brought about the contract between the purchaser and the seller is common to both the suits. the buyer is the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-16-1960
Reported in : AIR1960MP323; 32CompCas830(MP)
..... is within time.26. the contention that the suit was not maintainable under section 171 of the indian companies act, 1913, is equally untenable. the plaintiffs are not seeking any relief against the company, under the contract of allotment of shares or otherwise. they are content to sue the defendants nos. 1 to 11 ..... damages caused by the fraud of the defendants. the relief of damages is thus primarily claimed on the ground of fraud.under article 95 of the indian limitation act, for a 'relief on the ground of fraud' the limitation for a suit is three years from the date 'when the fraud becomes known to ..... cent per annum;(h) that the suit was not barred by time as it was governed by article 95 of the indian limitation act; and(i) that section 171. of the indian companies act had no application to the facts of the case and the suit was maintainable.5. the learned counsel for the appellant ..... suit; that the company had gone into liquidation with defendant no. 14 as its liquidator and hence, the suit was barred under section 171 of the indian companies act, 1913. he also alleged that the suit was barred by limitation.4. the trial court decreed the suit inter alia holding --(a) that the ..... same. but as pakistan was formed and this district went to pakistan, it was stopped. on account of the formation of pakistan, the company suffered a great loss. on account of the formation of pakistan, a considerable business of the company was also reduced. due to this all the financial condition of the .....Tag this Judgment!