Court : Supreme Court of India
Decided on : Aug-30-1965
Reported in : AIR1965SC543; 1SCR656
..... for that over which he had no control ?"17. dunlop v. higgins(1) is the leading case in english common law and it was decided prior to 1872 when the indian contract act was enacted. till 1872 there was only one case in which a contrary view was expressed (british and american telegraph co. v. columbus)(1) but it was disapproved in ..... parties being in a sense in the presence of each other, and negotiations are concluded by instantaneous communication of speech, communication of acceptance is a necessary part of the formation of contract, and the exception to the rule imposed on grounds of commercial expediency is inapplicable12. the trial court was therefore right in the view which it has taken that ..... on commercial expediency, or what cheshire calls "empirical grounds". it makes a large inroad upon the concept of consensus, "a meeting of minds" which is the basis of formation of a contract. it would be futile however to enter upon an academic discussion, whether the exception is justifiable in strict theory, and acceptable in principle. the exception has long been ..... theory of declaration stricto sensu or the theory of expedition. among many others dr. de visscher (in his article in revue de droit international (1938) "du moments de lieu de formation yes contracts par correspondence en adroit international prive") mentions brazil, egypt, spain (commercial code), japan, morocco, mexico........ france.......... in1932.......... decided in favour of expedition theory."(3) the mixed or .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-30-1965
Reported in : AIR1966MP13; 59ITR364(MP); 1965MPLJ644
..... in doubt. an agreement entered into between certain persons to form a partnership being contractual in nature would like any other contract, become illegal if, as stated in section 23 of the indian contract act, the object of the agreement (a) is forbidden by law; or (b) is of such a nature that. ..... that the partnership constituted by the deed of 1st august 1954 was legal and valid; that there was no provision in the motor vehicles act prohibiting the formation of a partnership for carrying on the business of running stage carriages and trucks; that the partnership firm could carry on business on ..... he achieved without violation of law; or that its attainment issought in a manner forbidden by law. now, the motor vehicles act, 1939, does not prohibit the formation of a partnership for carrying on the business of running stage carriages and trucks. it does not lay down either that if a ..... firm. the tribunal found that in the balance-sheets as on 31st march 1955 and 31st march 1956 the vehicles owned by dayabhai before the formation of the partnership were shown as assets of the firm itself. these entries arc altogether irrelevant in determining the legality of the partnership. the ..... and cinema exhibition.' the partnership business commenced from 1st august 1954. clause 3 of the agreement between the two brothers stated:' . . prior to the formation of firm motor bus and truck plying business at barwani was being carried on by shri dayabhai as a proprietary concern. but due to lack of .....Tag this Judgment!
Court : Chennai
Decided on : Sep-06-1965
Reported in : 62ITR686(Mad)
..... military accounts, poona, though no place of payment was specified in the contract. the actual receipt of the money by the assessee was at the imperial bank at trichur in the indian state. this court held that, although the formation of the contract was in british india, inasmuch as the manufacture and sale of the ..... of profits arising out of the sale of goods.commissioner of income-tax v. modern theatres ltd. was under the excess profits tax act, and, here again, the contract for distribution of films was entered into in british india, but the films were actually put in possession of the exhibitor for purposes of ..... of mysore (as it was before 1950) and exempt from tax for the assessment year 1946-47 under section 14(2) (c) of the indian income-tax act ?(2) if only a part of such income accrued or arose to the assessee in the state of mysore, what is the quantum therefore ?these ..... is income that accrued or arose to the assessee in british india within the meaning of section 4(1) (b) (i) of the indian income-tax act, it answered in favour of the assessee and found that the income in that sum accrued to the assessee in the mysore state and not in ..... ahmedbhai umarbhai & co, and any attempt to distinguish that case from the present one by having resort to the statutory provisions of the excess profits tax act is really futile.'relying on these decisions, mr. balasubrahmanyan argues that that portion of the commission attributable to that part of the activities resulting in the commission .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-26-1965
Reported in : AIR1965SC1798; 1965MhLJ776(SC); 3SCR201
..... of any action in any municipal courts. the guarantee given by the government of india was in the nature of a treaty obligation contracted with the sovereign rulers of indian states and cannot be enforced by action in municipal courts. its sanction is political and not legal. on the coming into force ..... the states, the rulers of the madhya bharat states including the ruler of jaora state entered into a covenant on april 22, 1948 for the formation of the united state of gwalior, indore and malwa (madhya bharat). by art. ii of the covenant, the covenanting states agreed to unite and ..... those provisions of the code which deal with procedure and not those which deal with substantive rights. nor does s. 41(a) of the indian arbitration act, 1940 carry the matter any further. by that section, the provisions of the code of civil procedure, 1908 are made applicable to all proceedings ..... of its own force declare any interest in any immovable property. consequently, the document did not come within the purview of s. 17 of the indian registration act, 1908, and was not required to be registered. 8. the second contention of mr. pathak raises questions of construction of sections 86 and 87b ..... civil right by means of legal proceedings', see province of bombay v. k. s. advani and others : 1scr621 . but in the context of the indian limitation act, 1908, lord russell of killowen observed in hansraj gupta v. official liquidator, dehra dun-mussorrie electric tramway co. l.r. indap 13 : 'the word .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-15-1965
Reported in : (1966)7GLR244
..... the domain of the exercise of either legislative or executive power. even in the law of contract the time-limit as regards the performance of a contract is the result of legislative provision contained in section 46 of the indian contract act. therefore, though there is force in the contention of mr. nanavati that if, on ..... for cultivation. but apart from all these considerations, in regard to the cases which come from pardi taluka, there is evidence to show that the formation of the opinion in each case was preceded by the reports made to it by mr. driver and ravishanker maharaj in regard to fitness of grass ..... . v. state of ajmer and anr. : (1954)iillj686sc but, mr. nanavati distinguishes these two authorities on the ground that in both of them, the formation of opinion by the government led to the passing of a formal order, and that such was not the case in the present petitions. we are unable to ..... orders and notifications. the learned advocate-general draws our attention to two authorities of the supreme court, in one of which it is assumed that the formation of an opinion was the exercise of subordinate legislation and, in the second of which, it is definitely laid down that the expression of such an ..... government, grass land is fit for rice cultivation, then it shall be deemed, for the purposes of the act, to be rice land. there is no question of any retrospective operation being given on the format on of the opinion by the government. all that happens in such a case is that, on the .....Tag this Judgment!
Court : Kerala
Decided on : Apr-02-1965
Reported in : AIR1966Ker121
..... in respect of hanking companies notwithstanding anything contained in any other law for the time being in force including the indian limitation act and section 235 of the indian companies act (now section 543 of the companies act 1956) came into force, and it remains in force, the words underlined (here into'') by me in sub ..... also mean the remedy invoked in enforcement of the substantive right. in the clause of the section speaking of the enforcement of any claim based on a contract ! suppose the word, 'claim' means the substantive right, for, one scarcely enforces a suit or an application or other remedy. now, would it ..... whatsoever to cases falling under sub-section (2). sub-section (2) provides for two classes of claims for the first, namely, claims based on contracts express or implied, there is no period of limitation at all so that the question of computing the period of limitation, which is what sub-section ..... petition for the winding up of the hanking company shall be excluded.(2) notwithstanding anything to the contrary contained in the indian limitation act, 1908, or section 543 of the companies act, 1956. or in any other law for the time being in force, there shall be no period of limitation for ..... of the 1913 act (introduced by act 22 of 1936) which came into force on 15-1-1937:'291 power of court to assess damages against delinquent directors etc.--(1) where, in the course of winding up a company, it appears that any person who has taken part in the formation or promotion of .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-28-1965
Reported in : 62ITR424(All)
..... nearly impossible, and wholly unwise.... they are not saying that the place of formation of the contract prevails against everything else. in some circumstances it may be so, but other matters-acts done under the contract, for example - cannot be ruled out a priori. in the case before the board the contracts were neither framed nor carried out in british india; the high courts conclusion ..... there is power to reject the goods and the rejected stores are to lie at the contractors risk. the payment is expressly agreed to be made by the chief auditor, indian stores department, new delhi, on a government treasury in india or on a branch of the imperial bank of india or the reserve bank of india transacting government business. it ..... specified therein.6. bill for the stores to be supplied in compliance with this order must be prepared in the special bill form obtainable from the nearest organisation of the indian stores department...7. payment in india to messrs nominated by you in your tender as your authorised agents will be a complete and final acquittance for supplies against this order ..... by the contractor(21). system of payment. - unless otherwise agreed between the purchaser and the contractor payment for the delivery of the stores will be made by the chief auditor, indian stores department, new delhi, by cheque on a government treasury in india or on a branch of the imperial bank of india or the reserve bank of india transacting government .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-1965
Reported in : AIR1966SC1220; 2SCR770
..... where the governor-general in council has, by notification, directed as aforesaid, he may, by the same or subsequent notification, direct that any act of the indian legislature shall not apply to the territory in question or any part thereof, or shall apply to the territory or any part thereof, subject to ..... have always been specially administered, it is perhaps right to think that the governor was very much in the background and the initiative and the formation of opinion was by the state government. the governor was apparently only informed after everything was over as to what was being done. no ..... population of 54,319 in the north cachar hills, where there is already a separate district council'. 74. the language is appropriate to the formation of a regional council but it may be conceded that on the whole an autonomous district was meant. 75. in view of what i have ..... under that paragraph there is provision for the appointment of commissions for various purposes mentioned in the paragraph and paragraph 16. one such commission considers the formation of and changes in the autonomous districts as contemplated by paragraph 1(3)(c), (d), (e) and (f). the sub-paragraph contemplates all ..... general in council or the governor etc. under his directions legislated for these backward tracts and the governor general could direct that any act of the indian legislature should not apply at all or should apply with such exceptions and modifications as the governor general might think fit. most of .....Tag this Judgment!
Court : Kolkata
Decided on : May-14-1965
Reported in : AIR1966Cal259
..... which it is held that if the contract is by correspondence, then part of cause of action as to the formation of the contract arises at the places from which any one of the correspondence was sent and/or received. he cited certain authorities which i do ..... demand made by the plaintiff and/or its solicitor was from calcutta, the argument is that the claim is founded on a contract and each one of the bundle of facts necessary to be proved for the formation of the contract and/or its breach constitutes a part of the cause of action. mr. roy chaudhury referred to the line of cases in ..... intended to be made at bilaspur and not at any other place where the initial deposit was made. in my judgment, no fact necessary for the formation of the contract in the instant case arose within the jurisdiction of this court and i record a finding accordingly.9. it is next contended that, in any event the money is payable ..... application under section 20 of the indian arbitration act for filing an arbitration agreement. the arbitration agreement is a clause in the contract subsisting between the parties. the petitioner is a contractor which did certain construction works for the south-eastern railway clause 63 of the general conditions of the contract which is applicable for this kind of contracts is the arbitration clause. during the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-04-1965
Reported in : AIR1966Cal205
..... the properly in dispute in appeal was of the value of rs. 10,000/- but in the plaint the value was given in terms of the indian stamp act. xxxvi of 1867 at a sum being ten times the annual revenue assessed upon the property which was much less than the appealable amount. the high ..... this court dismissed a defendant's application for leave to appeal to the supreme court against a decree by the high court granting specific performance of a contract for sale of property upsetting the dismissal of the suit by the trial court. there was a dispute with regard to the value of the subject ..... the prayer for possession making no difference. as the defendant second party was claiming under the defendants first party by a title arising subsequent to the contract of sale in favour of the plaintiff he stood in the same position as the defendants first party. further the cause of action for delivery of ..... bargain by paying the purchase money in full or the balance of the consideration if he has already paid a part. normally parties enter into a contract for sale or purchase of immovable property at the market price of the day. leaving aside exceptional cases like those where the property suffers a depreciation ..... the object of the suit is to resolve the dispute between the parties. the aim of the plaintiff in a suit for specific performance of a contract to purchase immovable property is to compel the defendant to honour his bargain and to convey the property. clearly what the plaintiff is after is the .....Tag this Judgment!