Skip to content


Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1961 Page 1 of about 36 results (0.207 seconds)

Jul 28 1961 (HC)

Jaldu Anantha Raghurama Arya Vs. East Coast Transport and Shipping Co. ...

Court : Andhra Pradesh

Decided on : Jul-28-1961

Reported in : AIR1963AP152

..... a distance from the shore, through country craft owned by it. among the properties acquired by the company on its formation were the rights, interests and the benefits of all existing contracts then possessed by one p.v. rangayya of masulipatam and his family. this family may for the sake of brevity ..... 2. the east coast transport and shipping company, limited, masulipatam (hereinafter referred to as 'the company') was incorporated under the provisions of the indian companies act in or about the year 1937. the main activity of the company consisted in conducting the business of clearing and forwarding agents for loading goods ..... section 320 provides for payment to a director for loss of office, etc., in connection with the transfer of shares. nowhere in the companies act do we find any provision for the payment of remuneration to persons other than those provided under the aforesaid section. i am, therefore, not ..... to pay remuneration to the members of the family, who have been instrumental in the formation of the company, would be justified either by the provisions of section 291 or any other provisions of the companies act. section 291, which defines the board's powers and enume rates the restrictions on ..... to the presingu family, but reliance is placed by the learned counsel for the applicant on section 291 of the indian companies act which reads:'(1) subject to the provisions of this act, the board of directors of a company shall be entitled to exercise all such powers, and to do all .....

Tag this Judgment!

Aug 10 1961 (HC)

B. Koteswara Rao Vs. Commissioner of Income-tax, Andhra Pradesh, and O ...

Court : Andhra Pradesh

Decided on : Aug-10-1961

Reported in : [1962]46ITR882(AP)

..... of the assessee was not that the partnership was continued under an agreement of the parties which would constitute a contract contrary to section 42 of the indian partnership act but that the partnership was continued under the directions of the testator. this position is apparent from the statement of ..... what was held there was that the words 'subject to the contract between the partners' in section 42 of the indian partnership act do not convey that the idea that the contract must be express and not convey such a contract to continue the partnership after the death of the partner could ..... -tax appellate tribunal, hyderabad bench has referred the following question for the opinion of this court under section 66(1) of the indian income-tax act (hereinafter called the act for the sake of convenience) namely :'whether, the assessee firm is entitled to exemption from tax in respect of the profits of ..... relationship between the surviving partners and the heirs of the deceased partner. for these reasons, our conclusion is that section 47 of the indian partnership act does not enable the assessee to claim that the partnership continues notwithstanding the death of one of the partners. it follows that the ..... agreement should be between the original partners of the firm at the time of the formation of the partnership. nowhere was it suggested that the continuation of the business was traceable to a contract entered into between the parties that the partnership was to continue in spite of the .....

Tag this Judgment!

May 12 1961 (HC)

Laxmi Ginning and Oil Mills Vs. Amrit Banaspati Co. Ltd.

Court : Punjab and Haryana

Decided on : May-12-1961

Reported in : AIR1962P& H56

..... p. 38) did not include vidya fund. where in the light of the above correspondence the defendants can take up the plea under section 7 of the indian contract act, namely, the acceptance was conditional, and, therefore, the proposal never matured into a compromise is the main question in this case.(29) mr. r. ..... hand, on behalf of the defendants it has been maintained that the original offer had not been accepted in terms of section 7 of the indian contract act. the so-called acceptance by the defendants was conditional and the law requires that it should be absolute and unqualified. it is also maintained ..... were to be left here, there is no difficulty in construing the terms of the contract and in holding that the contract which had been completed was in strict compliance with s. 7 of the indian contract act which provides that in order to convert a proposal into a compromise, the acceptance must be ..... negotiator between the parties and by his intervention he brings the two principals together in order to enable them to enter into a contract. so far he acts merely as an intermediary, the principal purpose of his employment being to find a purchaser or a seller. but a broker need not ..... .(after stating in paras 1-19 the circumstances including the correspondence exchanged between the parties, which, it was alleged, had led to the formation of the contract in dispute between the parties, the issues which arose on the pleading between the parties and the findings of the trial court on those .....

Tag this Judgment!

May 11 1961 (HC)

Bakubhai and Ambalal Ltd. Vs. Bengal Corporation Private Ltd.

Court : Kolkata

Decided on : May-11-1961

Reported in : AIR1962Cal1

..... -territorial as opposed to extra-territorial statute to be enmeshed in the crimes of this country when in good faith such a foreign buyer would be entering into a contract with an indian seller. in this context of the facts and circumstances of this appeal, it is, therefore, not unreasonable to hold that a foreign buyer would naturally presume that ..... bench decisions of this court. 4. the second point argued before the learned judge, and now falling to be determined in this appeal, was that the forward contracts (regulation) act made this particular contract illegal. the learned trial judge came to the conclusion that it was against the law and public policy in india and the award could not be enforced under ..... power to pass laws having extra-territorial operation. but this act is not such an act. this act was passed to stabilise internal prices and really to prevent unguided and unregulated speculation in forward contracts in the indian market. therefore, the whole object of the notification under the act was to control such forward contracts by insisting upon the permission of the central government so ..... indisputable circumstances. the respondent deliberately avoided assertion of this fact that there was no permission of the central government in respect of this contract at all relevant time and crucial occasions. at the stage of the formation of the contract when an offer was being made, the respondent expressly made a 'firm' offer of linseed oil. a 'firm' offer without requisite .....

Tag this Judgment!

Aug 04 1961 (HC)

B.P. Krishnamurthy Vs. State of Mysore

Court : Karnataka

Decided on : Aug-04-1961

Reported in : 1965CriLJ568; (1964)1MysLJ340; [1962]13STC436(Kar)

..... india, other than liquor manufactured and compounded in india and coloured and flavoured to resemble gin, brandy, whisky or rum imported from outside the territory of india'. 27. if indian beer is country liquor, it is clear that it is taxable only under the 39th item, unless we come to the conclusion that the 38th item is the item under ..... cent. of the turnover relating to such beer. 21. the commercial tax officer in this case called upon the petitioner to pay tax even in respect of sales of indian beer at twenty-five per cent. of the turnover. 22. the mysore sales tax appellate tribunal before whom it was contended that what could be demanded of the petitioner ..... (1) (2) (3) ---------------------------------------------------------------- * * * 38. all liquor including beer other than twenty-five percountry liquor. cent. 39. country liquor other than toddy. three per cent.* * * ----------------------------------------------------------------- 20. the argument is that indian beer sold by the petitioner was country liquor and therefore fell within the 39th item, and the tax which could have been demanded, according to the argument, is not more ..... manufactured in india. the complaint made by the petitioner is that in respect of the turnover relating to the sales of indian beer, the tax demanded is excessive. 19. now, items 38 and 39 of the second schedule to the act are the relevant items on whose construction the decision of the question which was argued before us depends. items 38 .....

Tag this Judgment!

Feb 01 1961 (HC)

S.M. Kanniappa Nadar Vs. K.K. Karuppiah Nadar

Court : Chennai

Decided on : Feb-01-1961

Reported in : AIR1962Mad240

..... 1943 pc 34), sir george rankin in delivering the judgment of the privy council analysed the various provisions of the indian contract act, and held that money received by a party to a contract in part discharge of the consideration due or to become due, though applied for defraying the expenses of carrying out ..... business could be done under it, (2) further as under that rule the parties had 30 days time to intimate the authorities about the formation of the partnership, the firm should be considered to be legally constituted for that period of 30 days.(4) the second of the two contentions ..... of enabling the appellant to manufacture and trade in matches without getting or amending the licence in favour of the partnership and that, therefore, the contract was illegal.(11) we are, however, unable to agree with this contention. a reading of paragraphs 2 and 3 of the agreement which we ..... envisaged was the carrying on of the business by the firm only on obtaining a joint licence; if the licence was not obtained the contract itself would fail on account of impossibility of performance or the non-fulfillment of the basic condition thereof. the learned district judge restricted both ..... entitled to the alternative relief for restitution of the monies paid by him to the business.both the courts below accepted the defence that the contract of partnership which enabled the appellant to join the business without an appropriate licence was prohibited by the statute and therefore, illegal. they also .....

Tag this Judgment!

Dec 01 1961 (HC)

S.M. Kanniappa Nadar Vs. K.K. Karuppiah Nadar

Court : Chennai

Decided on : Dec-01-1961

Reported in : (1962)2MLJ109

..... . 213 (p.c.), sir george rankin in delivering the judgment of the privy council analysed the various provisions of the indian contract act and held that money received by a party to a contract in part discharge of the consideration due or to become due, though applied for defraying the expenses of carrying out his ..... business could be done under it. (2) further as under that rule the parties had thirty days time to intimate the authorities about the formation of the partnership, the firm should be considered to be legally constituted for that period of thirty days.5. the second of the two contentions ..... of enabling the appellant to manufacture and trade in matches without getting or amending the licence in favour of the partners and that, therefore, the contract was illegal.12. we are, however, unable to agree with this contention. a reading of paragraphs 2 and 3 of the agreement which we ..... envisaged was the carrying on of the business by the firm only on obtaining a joint licence. if the licence was not obtained the contract itself would fail on account of impossibility of performance or the non-fulfilment of the basic condition thereof. the learned district judge rejected both ..... to the alternative relief for restitution of the moneys paid by him to the business.3. both the courts below accepted the defence that the contract of partnership which enabled the appellant to join the business without an appropriate licence-was prohibited by the statute and, therefore, illegal. they also .....

Tag this Judgment!

Apr 20 1961 (HC)

Eveready Flashlight Co. Vs. Labour Court and ors.

Court : Allahabad

Decided on : Apr-20-1961

Reported in : AIR1962All497; [1961(2)FLR598]; (1961)IILLJ204All

..... inclined for several reasons to agree with learned counsel's contention that the meaning of this phrase must be restricted to the definition contained in the indian trade union (amendment) act of 1947. first, that act never came into effect. its first section provided that it would come into force on a date to be appointed by the central government by a ..... unfair labour practice is manifestly erroneous and the labour court has misinterpreted the law relating to unfair labour practice. thirdly, the labour court exceeded its jurisdiction in creating a new contract between the parties and completely ignoring the terms and conditions contained in ram bharose sharma's letter of appointment dated 12th april, 1958. fourthly, the labour court had created ..... on 21st november, 1958. the decision of this issue involved a decision on several subsidiary issues. the employer claimed the right to terminate ram bharose sharma's services under the contract of employment contained, in the letter of 12th april, 1958, whereas the employee alleged that the letter was a fictitious document, which conferred on the employer no rights. ..... in this act dealing with unfair practice. section 23 (1) defines unfair practice by recognised trade unions and section 28 (k) deals with unfair practice by employers. very briefly the following have been held in that section to be unfair practice by employers; (a) interference with the right of workman with trade union activities; (b) interference with the formation or .....

Tag this Judgment!

Oct 31 1961 (HC)

State of Gujarat Vs. Gordhandas Keshavji Gandhi and ors.

Court : Gujarat

Decided on : Oct-31-1961

Reported in : AIR1962Guj128; (1962)0GLR269

..... name, extent or boundaries of any district, taluka or village in the state has been preserved. section 87 of the aforesaid act therefore in effect provides that the formation of the separate state of gujarat out of the territories forming part of the state of bombay and the change in the territories ..... it is true that the high court of gujarat does exercise original jurisdiction in some matters, such as, a few matters arising under the indian companies act and under the banking laws. but, that jurisdiction is different from the jurisdiction which is exercised by the original side of the hgh court ..... which required registration. though this was against the legislative intent, it became the 'law in force' and had to be changed by the indian registration act 3 of 1877.68. that case-law plays an important part in settling the law which is in force has been recognized by the legislature ..... of calcutta would not govern the determination of the rights and liabilities of the parties though the parties are resident in calcutta and the contract is made in calcutta and is to be substantially performed in calcutta but the rights and liabilities of the parties would be determined in ..... non-legal, to accept the same pattern in similar or analogous cases'.the doctrine of judicial precedents as it exists in the english and the indian systems of administration of justice, however, attaches an absolute binding character to individual precedent and obliges a court to follow individual precedent in a .....

Tag this Judgment!

Apr 25 1961 (HC)

Jagdish NaraIn Babulal Jaiswal Vs. Collector and ors.

Court : Madhya Pradesh

Decided on : Apr-25-1961

Reported in : AIR1962MP146

..... vests in the owner who has always aright to recall possession of it from the person inpossession, subject to the provisions of the transferof property act and the contract act governing therights of the parties. but, where a law vests theright of possession in the state against the willof the owner, there can be ..... if made in good faith could not be questioned.'though these observations occur in a different con-text, they show that the formation of opinion and requisition are but one act. the delegation of the power must therefore include the power to determine the existence of the necessary condition.117. that such a ..... court disagreed with this view of the high court and held that the detention was not illegal and that the provincial commissioner could have acted both as regards the formation of opinion as well as for the actual issue of the written order of detention.when the matter was taken to the privy council ..... of the section deals with a 'power' and it is this power which could be delegated.116. in my opinion, the formation of the opinion and the requisition form but one composite act and must be performed by the same authority. in this connection, i may refer to the observations of das j. in ..... lease and the sanad?' and answered it by saying:'.... the whole of the learned judges, who are thoroughly conversant with the conditions of indian life, say that they are satisfied that the scheme is one which will redound to public benefit by helping the government to maintain the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //