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 : House of Lords
Decided on : Jan-21-1964
..... to strike: if, however, their actions amount to threats of illegal strike actionthat is to say, action to withdraw labour in breach of contractthen those acts were tortuous and illegal. as sachs, j. pointed out, this observation of harman, j. was obiter. the argument which seems to have carried ..... damages. the learned judge held that the tort of intimidation had been committed by each defendant, that the threats to do unlawful acts, i.e., to break contracts of employment by departing from the terms of the 1949 agreement, resulted in reasonably foreseeable damages to the appellant. the respondents have throughout ..... .nothing in the present case turns upon the first part of the section, since there was here no breach of the appellant's contract procured by the acts of the defendants. it is with the second part of the section that your lordships are concerned and it will, i hope, be ..... intentional driving away of customers by shew of violence . . . the impeding or threatening servants or workmen; the inducing persons under personal contracts to break their contracts ; all are instances of such forbidden acts . my citations from lord watson are as follows (see  a.c. pp. 96, 97 and 98): there are, in ..... the pursuer. the receipt was handed over, as the lord justice-clerk pointed out, after the contract was completed and cannot be treated as an offer. it played no part in the formation of the contract, and there was no reason to suppose that it referred to conditions. on both these grounds .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-28-1964
Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470
..... the objective of reducing inequalities of income and wealth; (3) to examine the effects of the structure and level of taxation of income on capital formation and maintenance and development of productive enterprise; (4)to examine the use of taxation as a fiscal instrument in dealing with inflationary or deflationary situations. ..... interest, wisdom and justice of the representative body, and its relation with its constituents, furnish the only security where there is no express contract against unjust and excessive taxation, as well as against unwise legislation generally.' as observed by one eminent judge that 'it is unfit for the ..... the states, those recommendations in my view, have the force of law which is binding on the states under the indian union.(80) where rules made under an act which prescribes that they shall be laid before parliament for a prescribed number of days, during which period they may ..... the grant of power may be qualified by either express provisions in the same enactment, by implication of the contract and even by consideration arising out of the scheme of the act.'(91) property taxes on lands and buildings have an ancient origin. in athens, the land tax was ..... other local authorities for the purpose of local self-government or village administration, '.annexure vi to the report of the joint committee on indian constitutional reforms enumerates the lists of subjects intended to be allocated to the centre provinces and also the concurrent list. list ii of appendix .....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 : Supreme Court of India
Decided on : Apr-28-1964
Reported in : AIR1964SC1903; [1964(9)FLR124]; 53ITR466(SC); 7SCR892
..... the government of india to honour the liabilities and obligations. it is urged that government of india would have the same defences against a contract as the previous indian state which originally entered into it would have had, and that art. 295(1)(b) is not a fetter on the power of parliament ..... effect of this provision was to repeal all laws relating to income-tax in its broadest sense prevailing in those parts of india to which the indian income-tax act was extended from april 1, 1950. 8. in the meantime, however, agreements were entered into by the government of india with part b states ..... and collection of income-tax and super-tax in respect of any period not included in the previous year for the purposes of assessment under the indian income-tax act, 1922, for the year ending on the 31st day of march, 1951 or for any subsequent year, or, as the case may be, ..... began. in that process, the rulers of gwalior, indore and certain other states in what was known as central india, entered into a covenant for the formation of the united state of gwalior, indore and malwa (also known as madhya-bharat) in april 1948. article vi of that covenant provided that the ruler ..... be dealt with together. the respondent the gwalior rayon silk manufacturing (weaving) company limited (hereinafter referred to as the company) is registered under the indian companies act. it is necessary to set out how the company came to be established in order to understand the case put forward by the company. in october .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-18-1964
Reported in : (1964)0GLR804
..... movable and immovable properties, but it was essentially a mercantile transaction for sale of the entire block of the company and time was, therefore, not of the essence of the contract and the period of two months specified in the agreement was, therefore, not a material fact concerning the proposed sale. in any event i think that the time of ..... manilal mulchand, individual, the adat agreement continued between the company and the firm of shah manilal mulchand. 7. the company, after its formation, commenced carrying on the business of a textile mill and messrs. prahladji sevakram and company acted as secretaries, treasures and agents of the company in accordance with the terms and conditions set out in the first managing agency agreement ..... as follows : 29. prior to the enactment of the companies act, 1956, the statute relating to companies was the indian companies act, 1913. there was in the indian companies act, 1913, section 153c which corresponded to sections 397 and 398 of the companies act, 1956. this section was introduced in the indian companies act, 1913, by act lii of 1951 following the enactment of section 210 in the ..... sell off its properties at a reasonable price. pursuant to these advertisements only one offer was received by the company and that was from messrs. indian textile traders. by their letter dated 23rd july, 1957, messrs. indian textile traders made an offer for purchase of the machinery of the company for rs. 6,07,500. the directors, however, found the offer .....Tag this Judgment!