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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1963 Page 1 of about 22 results (0.086 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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Mar 07 1963 (HC)

Amar Singh Vs. Additional Commissioner of Agricultural Income-tax, Raj ...

Court : Rajasthan

Decided on : Mar-07-1963

Reported in : [1964]52ITR876(Raj)

..... the meaning which was given to it under section 182 of the indian contract act. section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. the person for whom such act is done, or who is so represented is called the 'principle ..... demur.in reply, it is urged by learned counsel for amar singh and gopal singh, assessees, that section 2, clause (20) of the act did not contemplate statutory agents in the first instance. it is next contended that after section 8a was declared void by this court in rao sahib ..... on behalf of a principle or master respectively,(ii) receipts by other persons which are deemed to be his receipts under the provisions of this act,and shall also include receipts of agricultural income by way of adjustment of accounts with any other person.'it is conceded by the learned government ..... assessable to agricultural income-tax, though he allowed a deduction at the rate of fifteen per cent. under clause (c) of section 6 of the act. the assessees filed appeals against this order before the assistant commissioner, agricultural income-tax, udaipur, but they were not successful. thereafter, they filed second ..... agricultural income-tax appellate tribunal, under section 86(2) of the rajasthan agricultural income-tax act, 1953, which will hereinafter be referred to as 'the act'.the facts giving rise to them are as follow :on the formation of the united state of rajasthan in the year 1948, an ordinance, no. 27 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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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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Mar 19 1963 (HC)

Kishanchand Lunidasingh Bajaj Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Decided on : Mar-19-1963

Reported in : [1964]53ITR604(KAR); [1964]53ITR604(Karn)

..... to call upon the company to register his name and no more. no rights arise till such registration takes place. section 2(16) of the indian companies act, 1913, defines 'share' as 'share in the share capital of company'. section 5 deals with the mode of forming incorporated companies, and in ..... on june 29, 1957, the dividend income from the shares had been included and that that return related to a period subsequent to the formation of the firm and that even in the dividend warrant accompanying the return for the 1959-60 endorsement had been made to the effect that ..... on the part of the purchaser, obtained a decree where by the contract was reduced, the shares were re-transferred to the appellant, and the purchaser was ordered to pay him a lump sum being the difference between (i ..... v. commissioners of inland revenue also bears on the point. in that case the facts were as follows : in 1931 the appellant entered into a contract to sell certain shares, the transfer of the shares to the purchaser being completed in 1933; in 1939, the appellant, having successfully pleaded fraudulent misrepresentation ..... on which was payable half-yearly on the 31st may and 30th november, under deduction of income-tax sold them with the accrued interest under a contract of sale dated the 29th november, 1922; the transfer was not executed until the 14th december, 1922, and the company's books being closed .....

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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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Dec 31 1963 (HC)

In Re: Varthakavardhini Bank Ltd. [In Liquidation]

Court : Karnataka

Decided on : Dec-31-1963

Reported in : [1964]34CompCas295(Kar)

..... have against its directors. the rules regarding limitation prescribed in the said sub section govern those claims notwithstanding anything to the contrary contained either in the indian limitation act or a in any other law for the time being in force. 20. the consequence of this view is that, so far as the ..... in any other law can apply. 21. that the claims in respect of the loans taken from the company are claims which are based on a contract, express or implied, admit of no doubt, that chikkaveeranna was a director also admits of no doubt. that the present claim against him is by ..... [2] deals specially with claims against directors dividing them into three categories, viz: 1. claims for recovery of calls on shares. 2. claims based on contracts, express or implied and 3. all other claims. 19. i have also pointed out therein that the third category is a residuary category which takes in ..... for the winding up of the banking company shall be excluded. [2] notwithstanding anything to the contrary contained in the indian limitation act, 1908 [ix of 1098] or section 534 of the companies act, 1956[1] of 1956] or in any other law for the time being in force, there shall be no period ..... of limitation for the recovery of arrears of calls from any director of a banking company which is being wound up or for the enforcement by the banking company against any of its directors of any claim based on a contract .....

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Jan 10 1963 (HC)

United India Life Assurance Company Ltd. Vs. Commissioner of Income-ta ...

Court : Chennai

Decided on : Jan-10-1963

Reported in : [1963]49ITR965(Mad)

..... question was whether transfer of assets of one company to another under a scheme of amalgamation sanctioned by the court under section 153a of the indian companies act of 1913 was not a transfer by assignment within the meaning of order xxi, rule 16, of the civil procedure code. the jessore loan company obtained ..... existing company to constitute an amalgamation. as lindley m. r. observed in wall v. london and northern assets corporation :'amalgamation does not involve the formation of a new company to carry on the business of an old company. it includes that, but is not confined to that.'when one company ..... order. a statutory order under the section cannot be passed to clothe parties with rights which they cannot acquire merely by the terms of a contract or agreement. in our opinion, there was no transfer on and from january 1, 1952, and that the swiss company was an independent entity ..... liable to make in respect of the said life assurance contracts and other expenses of management thereto (excluding head office expenses referred to below).3. a sum equivalent to 3 per cent. of the premiums ..... separate account and shall carry to such account all premiums and other moneys received after 31st december, 1951, in respect of the life assurance contracts taken over or agreed to be taken over and shall be entitled to withdraw amounts therefrom to make any payments which the transferor company is .....

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