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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1963 Page 1 of about 22 results (0.071 seconds)

Aug 09 1963 (HC)

Koteswar Vittal Kamath Vs. K. Rangappa Baliga and Co.

Court : Kerala

Decided on : Aug-09-1963

Reported in : AIR1964Ker92

..... on that date the law existing in the several states shall govern the formation of forward contracts in those states and that thereafter the orders and notifications ..... and co. (india) private ltd. v. waverley jute mills co., ltd., air 1959 cal 89. in that case the validity of the central act -- the forward contracts (regulation) act (act 74 of 1952) -- was challenged on the ground that the act was beyond the legislative competence of the parliament' as it deals with and purports to regulate trade and commerce which are within the exclusive ..... which may be framed under the provisions of act 24 of 1946 ..... have to hold that the vegetable oils and oilcakes (forward contract prohibition) order, 1050 is void and inoperative.17. another argument of the learned counsel for the appellant may now be considered. it is stated that act 24 of 1946 of the indian legislature which was made applicable to part b states by act 52 of 1950 passed on 17-8-1050 provides that .....

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Jun 24 1963 (HC)

Rajeswari Mills Ltd. Vs. the State of Madras

Court : Chennai

Decided on : Jun-24-1963

Reported in : AIR1964Mad162; [1964]15STC1(Mad)

..... parties, created by agreement express or implied. it is essentially a contractual product and it would not be in consonance with the provisions of the indian contract act or the residuary general principles of law, to foist either the character of an agent or principal upon anybody, willy-nilly. there must be ..... assent may be express or implied but the relationship-principal-agent-cannot exist without it: pole v. leask, (1863) 33 lj ch 155.the indian contract act relating to agency cannot be read departing from the basic principles of law on this subject. what constitutes agency is the jural relationship of principal ..... agency - 2nd edn. page 295). the imposition of some effects inherent in the relationship of principal and agent by a statute is not the formation of agency by legislation but is only the fastening of a liability or clothing of a right in an individual as if the parties concerned ..... cotton exporters association for arbitration and the buyers shall be bound to accept the goods with such , allowance as may be awarded. this contract cannot be cancelled for any reason whatsoever and is subject to the conditions stated on the reverse.'the tenor of this document, as can be ..... regulations of alexandria cotton exporters' association for egyptian cotton. the following clause is not merely relevant but is also important:'goods supplied under the contract cannot be rejected nor the sellers be called upon to replace the same. in case the buyers find the quality inferior, samples out of .....

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Jul 05 1963 (HC)

Rabindra N. Maitra Vs. Life Insurance Corporation of India

Court : Kolkata

Decided on : Jul-05-1963

Reported in : AIR1964Cal141

..... by the pakistan government if payment is made in india, pakistan foreign exchange regulation act has no application to the facts of this case, where an indian corporation is called upon by as indian national to perform an indian contract. pakistan government cannot possibly have any say as to how an indian contract is to be performed1 in india.74. mr. roy for the defendant relied on ..... situation of the parties and generally all the surrounding circumstances. no one fact is conclusive. every term of the contract, every detail affecting its formation and performance, every fact that points to its natural seat is relevant. the contract requires to be regarded as a whole.46. as regards (2) residence of the assured and his occupation appearing on the face of the ..... form. he does not follow it but says that presumptions are only connecting and guiding factors. he explains at page 219:'on this view every term of the contract every detail affecting its formation and performance, every fact that seems to indicate its natural seat is relevant. no one fact is conclusive. it is doubtful even whether any useful purpose is served ..... cheshire says that'there is another theory that the proper law is the law of the country in which the contract may be regarded as localised. its localisation will be indicated by the grouping of its elements as reflected in its formation and in its terms. the country in which its elements are most densely grouped will represent its natural seat and .....

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May 10 1963 (SC)

In Re: the Bill to Amend S. 20 of the Sea Customs Act, 1878 and S. 3 o ...

Court : Supreme Court of India

Decided on : May-10-1963

Reported in : [1964]3SCR787

..... british india in the same manner as in the like caseany other person would be liable. (2) for the purposes of thelevy and collection of income-tax under the indian income-tax act, 1922, inaccordance with the provisions of sub-section (1) any government to which thatsub-section applies shall be deemed to be a company within the meaning of thatact, ..... in attorney-general for saskatchewanv. canadian pacific railway company [1953] a.c. 594, the question arose ofconstruing an exemption granted to the canadian pacific railway company byclause 16 of a contract between the canadian government and the said company.the exemption clause provided inter alia that 'the canadian pacificrailway, and all stations and station grounds, workshops, buildings, yards andother property etc ..... art. 285 and art. 289 which occur in chapter i ofpart xii of the constitution. this part deals with several subjects, such asfinance (chapter i), borrowing (chapter ii) and property, contracts etc.(chapter iii). we may now read art. 289 : '289(1) the property andincome of a state shall be exempt from union taxation. (2) nothing in clause (1) ..... 1905that 'the powers hereby granted to the said province shall be exercisedsubject to the provisions to clause 16 of the contract'. the canadianpacific railway company raised the question that it was free from business taximposed by the city act, 1947, of saskatchewan by reason of the exemptionclause. before the judicial committee of the privy council it was argued onbehalf of .....

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Nov 08 1963 (HC)

Thakur Dan Singh Bisht Vs. State of Uttar Pradesh

Court : Allahabad

Decided on : Nov-08-1963

Reported in : AIR1964All128

..... can only be made by means of a formal document. the word 'contract' has been used in the various constitution acts in the sense in which that word is defined and used in the indian contract act. the position of a contract under section 175(3) of the act is not different from that of an ''assurance of property' and if the ..... legislature. itappears to me that the setting in which the word'executed' has been used along with the meaning of thatword is suggestive of the preparation of a format document.14. the word 'execute' amongst others, has been given the following meaning in the shorter oxford english dictionary.'to follow out, carry into effect, to give ..... in council and any local government may, on behalf and in the name of the secretary of the state in council ..... make any contract for the purposes of this act.(2) every assurance and contract made for the purposes of sub-section (1) of this section shall be executed by such person and 'in such manner as the ..... [1954]1scr817 extracted above, was explained by their lordships in the following words:'the rationale of the case in our judgment does not support the contention that a contract on behalf of a state not in the form prescribed is enforceable again the state. bose, j. expressly stated that...........................................................................................................................................................................................the facts proved in that case clearly establish .....

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Apr 18 1963 (HC)

A.J. Patel and ors. Vs. the State of Gujarat and ors.

Court : Gujarat

Decided on : Apr-18-1963

Reported in : AIR1965Guj234a

..... the union and enacts that parliament may by law admit into the union, or establish, new states on such terms and conditions as it thinks fit. article 3 deals with formation of new states and alteration of areas, boundaries or names of existing states.this article empowers parliament by law to form a new state by separation of territory from any ..... by the bombay high court in the judgment reported in air 1960 bom 14, on which reliance has been placed and in which it has been held that though the indian railway establishment code contains rules which are statutory rules, they are rules of guidance. what is questioned by the petitioners in the present case is the action of the central ..... merely directions given by the crown to the governments of crown colonies for general guidance and that they did not constitute a contract between the crown and its servants. it wold however not be possible to say that if an act of the legislature had laid down the conditions of service of persons appointed to public services and posts in the exercise ..... service (cadre) rules, 1954. (2) as from the appointed day, there shall be constituted for each of the new states a state cadre of the indian administrative service and a state cadre of the indian police service.(3) the initial strength and composition of each of the said cadres shall be such as the central government may by order determine before the .....

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Jun 17 1963 (FN)

United States Vs. Philadelphia Nat'l Bank

Court : US Supreme Court

Decided on : Jun-17-1963

..... , 337 u. s. 293 , cited in, 81st cong., 2d sess. 6, this court held violative of 3 of the clayton act exclusive contracts ? 41 and s. 366? whereby the defendant company, which accounted for 23% of the sales in the relevant market and, together with six other firms ..... girard's is $6,000,000. appellees offered testimony that the merger would enable certain economies of scale, specifically, that it would enable the formation of a more elaborate foreign department than either bank is presently able to maintain. but this attempted justification, which was not mentioned by the district ..... (s.doc. no. 186, 76th cong., 3d sess., 1940); fox, supervision of banking by the comptroller of the currency, in public administration and policy formation (redford ed. 1956), 117; stokes, public convenience and advantage in applications for new banks and branches, 74 banking l.j. 921 (1957). for materials ..... part in the consideration or decision of this case. page 374 u. s. 373 [ footnote 1 ] section 1 of the sherman act provides in pertinent part: "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign ..... supra. and in standard fashion co. v. magrane-houston co., 258 u. s. 346 , the court held violative of 3 a series of exclusive contracts whereby a single manufacturer controlled 40% of the industry's retail outlets. doubtless these cases turned to some extent upon whether, "by the nature of the .....

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Jul 05 1963 (HC)

V. Basavayya Vs. N. Kottayya

Court : Andhra Pradesh

Decided on : Jul-05-1963

Reported in : AIR1964AP145

..... held that the arrangement under the partnership was not prohibited under the silk control order and that there was no contravention of section 23 of the contract act on the ground that the object of the partnership was opposed to public policy. the full bench decision of the madras high court in : air1950mad444 ..... was punishable with a penalty, the unlicensed partners were responsible under the rules for the terms and conditions of the license.24. section 23 of the contract act runs as follows:'section 23. the consideration or object of an agreement is lawful, unless (i) it is forbidden by law or (ii) is of ..... under a licence which stood in the name of one of the partners is opposed to public policy for the purpose of section 23 of the contract act is binding on this court.21. in the calcutta case, it was observed that the first defendant in that case whose name was registered ..... plaintiff filed a suit for accounts of a dissolved firm which, according to him, had existed as a partnership between himself and the defendants by formation in october 1946 under which the firm was to trade in food-grains. the defendants challenged the partnership on the ground that it contravened the central ..... name of their joint family firm in rajnandgaon state under the law in force in that state for dealing in foodgrains there. that state was an indian state outside british india. the plaintiff held a licence under the central provinces and berar food grains control order, 1945, for dealing in food-grains .....

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Apr 17 1963 (SC)

The State of Uttar Pradesh Vs. Bhagwant Kishore Joshi

Court : Supreme Court of India

Decided on : Apr-17-1963

Reported in : AIR1964SC221; 1964CriLJ140; (1964)ILLJ60SC; [1964]3SCR71

..... thinks fit, (b) the search of places of seizure of things considered necessary for investigation and to be produced at the trial, and (5) formation of the opinion as to whether on the material collected there is a case to place the accused before the magistrate for trial and if so taking ..... fit, (b) the search of places of seizure of things considered necessary for the investigation and to be produced at the trial, and (5) formation of the opinion as to whether on the material collected there is a case to place the accused before a magistrate for trial and if so taking ..... a deputy superintendent of police, shall investigate any offence punishable under section 161, section 165, or section 165a of the indian penal code or under sub-section (2) of section 5 of this act, without the order of a presidency magistrate or a magistrate of the first class, as the case may be, or ..... madhya pradesh v. mubarak ali (1959) su. 2 s.c.r. 201. it was stated therein that s. 5a was inserted in the act by act 59 of 1952 to protect public servants against harassment and victimization. this court further observed therein that the said statutory safeguards must be strictly complied with, ..... necessary particulars, proceeded to the spot of offence, ascertained the relevant facts by going through the railway records and submitted a report of the said acts. the said acts constituted an investigation within the meaning of the definition of 'investigation' under s. 4(1) of the code of criminal procedure as explained by .....

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Nov 21 1963 (HC)

The Jaipur Udyog Ltd. and anr. Vs. Commissioner of Income-tax and ors.

Court : Rajasthan

Decided on : Nov-21-1963

Reported in : AIR1965Raj162

..... on the company. (2) that the agreement (annexure a) was in the nature of a legislative contract which created rights in favour of the company to claim exemption from income-tax even after the indian income-tax act, 1922 was extended by virtue of the indian finance act, 1950 to the part b state of rajasthan. (3) even assuming that annexure a was not a ..... form a new state namely, the united state of rajasthan, which, after the constitution came into force, became the part b state of rajasthan. it is averred that after the formation of the united state of rajasthan, the new state which was a successor state of the erstwhile jaipur state, adopted, ratified and confirmed the agreement annexure a, after the constitution ..... are mere contractual obligations. he has contended that such obligations can be abrogated only by a legislative measure specifically smashing away such obligations. according to him extension of the indian income-tax act, 1922 to the territory of the part b state of rajasthan would not affect his clients' rights and the corresponding obligations of the union of india arising out ..... assistant appellate commissioner which is said to be still pending. as certain important constitutional and legal questions including the question of the jurisdiction of the assessing authority under the indian income tax act were specifically raised by the company, and were left undecided by the income tax officer, it became necessary for the company to move this court for an appropriate relief .....

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