Court : Mumbai
Decided on : Aug-28-1964
Reported in : (1965)ILLJ543Bom; 1965MhLJ190
..... of a settlement, the same cannot be treated as a creature of the agreement between the parties. under s. 10 of the indian contract act, all agreements are contracts if they are made by the free consent of the parties competent to contract. it is true that the consent of the parties does not cease to be free merely because the conciliation officer brings his ..... undue influence. the consent of the parties is essentially a free consent, and in that sense, the agreement reached can be considered as a contract in the sense in which that word is used in the indian contract act. at the same time if we concentrate our attention upon the peculiar role played by the conciliation officer, it would be difficult to say that ..... the question remain whether, having regard to all the provisions of the act, a settlement reached during the course of the conciliation proceedings, is a contract. section 10 of the indian contract act defines a 'contract' and it reads : 'all agreements are contracts if they are made by the free consent of parties competent, to contract for a lawful consideration and with a lawful object and are not ..... . he plays a dynamic part, and in view of the part played by him, it would be impossible to sever the final product that emerges from the process of the formation or the forging out of the settlement. in my view, the two are so indissolubly connected that it would not be proper to treat the product apart from the process .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-28-1964
Reported in : AIR1965Bom146; (1965)67BOMLR1; [1965(10)FLR104]; ILR1965Bom239
..... of a settlement, the same cannot be treated as a creature of the agreement between the parties. under section 10 of the indian contract act, all agreement are contracts if they are made by the free consent of the parties competent to contract. it is true that the consent of the parties does not cease to be free merely because the conciliation officer brings his ..... undue influence. the consent of the parties is essentially a free consent, and in that sense, the agreement reached can be considered as a contract in the sense in which that word is used in the indian contract act. at the same time if we concentrate our attention upon the peculiar role played by the conciliation officer, it would be difficult to say that ..... the question remains whether, having regard to all the provisions of the act, a settlement reached during the course of the conciliation proceedings, is a contract. section 10 of the indian contract act defines a 'contract', and it reads:'all agreements are contracts if they are made by free consent of parties competent to contract for a lawful consideration and with lawful objection and are not hereby expressly ..... . he plays a dynamic part and in view of the part played by him. it would be impossible to sever the final product that emerges, from the process of the formation or the forging out of the settlement. in my view, the two are so indissolubly connected that it would not be proper to treat the product apart from the process .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-28-1964
Reported in : AIR1964Raj205
..... the dominion of india, and if in such circumstances the plaintiff had maintained or continued a transmitter without such licence, he had committed an offence punishable under the indian telegraph act and such a contract could not be allowed to be performed.6. the plaintiff filed two replications in reply to each of the written statements filed by the two defendants and reiterated ..... be treated as having been frustrated. now prior to this date, mono-polies were quite lawful. the bharatpur state even after it had acceded to the indian union had the executive authority to give a contract for the establishment and maintenance of a transmitter within its own territorial limits and could grant certain tax and other concessions in that connection. it will ..... or equipment.it was further agreed that with a view to enable the plaintiff to maintain the transmitter for purposes of broadcasting programmes as desired by the state, and, the formation and regulation of such programmes was to be the latter's sole responsibility, the state agreed to give it a sum of rs. 20,000/- in two half-yearly instalments ..... the 19th november, 1964, by which he dismissed the plaintiff's suit with costs.2. the appellant hamra radio and general industries limited being a public limited company incorporatedunder the indian companies act, 1913, was the plaintiffin the court below. it has its registered office in delhi.for facility of reference, we shall refer to it hereafter asthe plaintiff. this suit was .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-29-1964
Reported in : AIR1964SC1813; 53ITR204(SC); 8SCR18
..... into the deed of partnership, the named partners represented their respective match factories, was not open to be canvas- sed in a reference under s. 66(2) of the indian income-tax act. the high court observed that cl. 16 of the partnership deed did no, impose any obligation upon the partners or their representatives of the five firms to pay commission ..... business as member of another partnership. the law does not prohibit such a course and even the income-tax law relating to registration of partnerships only refuses registration when the formation of such partnerships is intended to evade the incidence of income-tax and nothing more. we are not satisfied that the tribunal correctly appreciated the facts of the present case ..... the ,ground given by the tribunal that the share of profits received by individual partners of the assessee was distributed by four of those partners who had entered into partnership contracts with other persons in the business of their respective match factories, standing independently of other grounds, may not be of much value in deciding whether all the partners of the ..... therein on the " production of the match factories". the high court ob- served: "clause 16 does not lay any liability upon the manufacturing concerns and cannot operate as an enforceable contract against those other match companies. if one of those match companies should decline to put through its sales business through the assessee-firm, the only result would perhaps be that .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-17-1964
Reported in : 57ITR103(Bom)
..... the request of the creditor the debtor performs his obligation in the manner prescribed and sanctioned by the creditor and thereby discharges the contract by such performance (see section 50 of the indian contract act, and illustration (d) thereto).' 24. in the case of shri jagdish mills ltd. v. commissioner of income-tax facts in ..... to the creditor on posting. the same result would also equally follow by virtue of the provisions of section 50, illustration (d), of the contract act, the debtor performing his obligation in the manner prescribed and sanctioned by the creditor. it would thus be seen that it is the request made or ..... the assessee to the government of india in the aforesaid three assessment years. the statement of the case does not give the details as regards formation of the contract. the sales were to the department of supply, government of india. at the stage of the arguments, it was admitted both by the ..... in the then british india to private dealers and also to the government of india. the contracts of sales were entered into at ujjain under which delivery was to be f.o.r. ujjain. the assessee-company collected the sale proceeds from ..... respectively. the assessee is a company incorporated and carrying on the business of spinning and waving cotton textiles in ujjain, a part of the former indian state in existence during the relevant assessment years. it is a non-resident company. its products were sold in the state itself as well as .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-13-1964
Reported in : AIR1964AP477
..... the administration did not give effective protection in regard thereto and they could not, therefore, bring themselves within the protection of section 152 of the indian contract act.14. the subordinate judge of kakinada dismissed all the suits before him having reached the condition that the loss of goods involved in all the ..... fact that there is no military stationed at bezwada. it follows that the railway had satisfied the test laid down in section 151 of the indian contract act and comes within the protection of section 152.34. in this view of the matter it is unnecessary for us to consider whether the suits o ..... further, there is no substantial difference between these two sections and as such it is immaterial which of the two applies.section 151 of the indian contract act recites:'in all cases of bailment the bailee is bound to take as much care of goods bailed to him as a man of ordinary prudence ..... by that time, the condition of sri potti sriramulu, who, as already stated, had undertaken a fast unto death to achieve his object of the formation of the andhra state, was causing anxiety. he was gradually sinking. as the news of the deterioration in the health of sri sriramulu began to spread ..... non-delivery of these goods was a sequel to the death of sri potti sreeramulu who undertook a fast unto death to force the issue of formation of andhra state. we will presently see how this unfortunate event impinged upon the subject-matter of these appeals and revisions. for an appreciation .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-08-1964
Reported in : 35CompCas30(SC)
..... for the state sought to contend that deception was practised by the managing agents by submitting a statutory report under section 77(2) of the indian companies act, 1913, mentioning that no appointment of underwriters was made. no such case was, however, set out in the charge, nor at any stage ..... of the prosecution that the funds of the company were misused and that the state had failed to establish that the real purpose for the formation of the company was to finance the bengal express bank, which it was alleged was a moribund company. the high court also held ..... been placed before the board of directors and it had been decided to appoint messrs. chatterji and co. as underwriters of the company. a formal contract was then executed. at a meeting of the board of directors held on june 21, 1947, the appointment of messrs. chatterji and co. ..... was that the company was induced to pay the underwriting commission on the faith of an agreement which was ' fictitious. ' 15. section 415 of the indian penal code, which defines 'cheating', provides: ' whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to ..... of shares. there is nothing in the underwriting agreement which prevented the directors or others from acting as agents for chatterji and co. in canvassing the sale of shares. the underwriting agreement being a contract that the underwriter will either himself purchase or procure purchasers for the shares underwritten by him .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-30-1964
Reported in : AIR1964SC1043; 6SCR461
..... came into force derived from the people of india. it is true that whatever vestige of authority which the british crown had over the dominion of india, since the indian independence act was thereby extinguished, but there was no cession, conquest occupation or transfer of territory. the new governmental set up was the final step in the process of evolution towards ..... to his ancestors in recognition of their military services. the right to receive pension was recognised by the 'kalambandis' of 1912 and 1935 issued by the ruler. after the formation of the state of madhya bharat under the constitution, the government of that state by an executive order terminated the right of the appellant. the 'kalam-bandis' though not ..... this has led to a differentiation between self executing treaties and non-self-executing treaties. says chief justice john marshall:- "a treaty is in its nature a contract between two nations, not a legislative act. it does not generally effect, of itself, the object to be accomplished, especially so far as its operation is infra-territorial; but is carried into execution ..... and private individuals, particularly land to which title had already been perfected before the conqueror annexation are altogether different from the obligations which arise in respect of personal rights by contract." we have referred to these arguments and particularly to the citation of these two decisions, because they are usually referred to in connection with a suggestion that even according .....Tag this Judgment!
Court : Chennai
Decided on : Oct-21-1964
Reported in : AIR1966Mad247
..... trusts and could have no application to implied trust, that is such trust as law implies from the existence of particular facts or fiduciary relationship. s. 10 of the indian limitation act applies to cases of what in english law are called express trusts and not to constructive trusts. the doctrine of the well known case of soar ashwell, 1893 2 qb ..... misapplication of the funds by the managing director was made with his full knowledge. the learned advocate for the applicants relied on the resolution dated 19-8-1946 about the formation of a committee consisting of the president, managing director, manager and one other director to sanction loans and referred to several letters written by one of the directors sadasiva mudaliar ..... mentioned at page 247 of the decision (ilr bom): (at p. 582 of air) that the articles of association constitute part, though not the whole, of a contract between the company and its directors. the following passage in the indian company law by k. m. ghosh, part i, page 125, para 227 is relevant for the present discussion:'the articles establish a ..... -section (2) of s.. 45-o deals specially with claims against directors dividing them into three categories, namely, (1) claims for recovery of calls on shares (2) claims based on contracts express or implied and (3) all other claims, and hence there is no scope for invoking clause (1) of s. 45-o of the banking companies .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-24-1964
Reported in : AIR1966P& H16
..... to bear in mind and be governed by these principles while enacting laws and not to violate or lose sight of them.9. adverting to the indian forest act (no. xvi of 1927), the petitioners' learned counsel has drawn our attention to section 2(4), according to which 'forest produce' includes resin; ..... chief minister, shri partap singh kairon.the petitioners had also made a definite suggestion to the chief minister that if he was interested in the formation of co-operative society, then the petitioners could form one or more such societies so as to fall in line with the government policy, ..... purchasers or contractors for resin extraction in public auctions. the removal of resin from these forests is regulated through permits according to the recovery of contract amount as per terms of sale agreements. a co-operative society, it is pleaded, does not represent any individual but consists of a number ..... law lose its moral appeal and attraction to the common man as an effective instrument of social justice and as an impartial service agency. such acts are prone to encourage among people a feeling of frustration towards our system, thereby endangering our very existence as a legal democractic welfare state ..... by private persons and it is repeated that resin is to be supplied to a co-operative society legally constituted under the co-operative societies act. this cannot deprive the petitioners to secure supply of resin from sources other than state forests which will continue to be available to the .....Tag this Judgment!