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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1967 Page 1 of about 29 results (0.068 seconds)

Nov 30 1967 (HC)

Agarwal and Co. Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Nov-30-1967

Reported in : [1968]68ITR673(All)

..... facto become partners in the business so as to clothe them with all the rights and obligations of a partner as defined by the indian contract act. in such a case the family as a unit does not become a partner, but only such of its members as in fact ..... representative making a group of individuals, such as a joint family, a partner at all as defined by section 4 of the partnership act. the contract of partnership, moreover, cannot be entered into between groups of persons as entities with changing membership such as hindu joint families are. ..... section are ' where two or more such joint families form a partnership '. it is not possible to say that because under the contract act and the partnership act two or more joint families as such cannot form a partnership, therefore, the words mentioned above are surplusages. as pointed out earlier ..... this provision came on the statute bookin 1936, buteven before that the position was clear that a partnership is a creature of contract and for its formation sentient beings or juristic persons or legal entities were required and a mere association of individuals like a hindu undivided family could ..... not form a partnership. the legislature knew this legal position yet in 1936 thought it fit and proper to use the words ' where two or more such joint families form a partnership ' in section 4(3) of the act .....

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May 05 1967 (SC)

Seth Pushalal Mansinghka (P.) Ltd. Vs. Commissioner of Income-tax, Del ...

Court : Supreme Court of India

Decided on : May-05-1967

Reported in : [1967]66ITR159(SC)

..... profits of the business accrue. in some cases it may be the place of the formation of the contract, but other matters - for instance the place where the contract is carried out or acts are done under the contract - may be decisive in certain circumstances. when the business consists of buying and selling ..... 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 ..... consignments left the godown at bhilwara, they would be entirely at the buyers risk. apart from these written terms and and conditions of the contract, the income-tax appellate tribunal has recorded the further finding of fact that the appellant consigned the goods to 'self' and that the ..... purchaser unless there is unconditional appropriation, of the goods in a deliverable state, to the contract.section 23 of the indian sale of goods act, 1930, (3 of 1930), states :'(1) where there is a contract for the sale of unascertained or future goods by description and goods of that description and ..... in a deliverable state are unconditionally appropriated to the contract, either by the seller with the .....

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May 05 1967 (SC)

Seth Pushalal Mansinghka (P.) Ltd. Vs. Commissioner of Income-tax, Del ...

Court : Supreme Court of India

Decided on : May-05-1967

Reported in : AIR1967SC1626; [1967]3SCR961

..... profits of the business accrue. in some cases it may be the place of the formation of the contract, but other matters - for instance the place where the contract is carried out or acts are done under the contract - may be decisive in certain circumstances. when the business consists of buying and selling ..... 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 ..... left the godown at bhilwara, they would be entirely at the buyer's risk. apart from these written terms and and conditions of the contract, the income-tax appellate tribunal has recorded the further finding of fact that the appellant consigned the goods to 'self' and that the railway ..... unless there is unconditional appropriation, of the goods in a deliverable state, to the contract. 10. section 23 of the indian sale of goods act, 1930, (3 of 1930), states : '(1) where there is a contract for the sale of unascertained or future goods by description and goods of that description ..... and in a deliverable state are inconditionally appropriated to the contract, either by the seller with .....

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Apr 24 1967 (HC)

S.R. Chockalingam Chettiar and anr. Vs. Commissioner of Gift Tax, Madr ...

Court : Chennai

Decided on : Apr-24-1967

Reported in : AIR1969Mad302

..... of the indian companies act was issued to chockalingam chettiar and other shareholders, a right to obtain a specified number of shares in the fresh issue of capital was also conferred on ..... share is not a sum of money, but is an interest measured by a sum of money, and made up of various rights contained in the contract, including the right to a sum of money of a more or less amount.'it would, therefore, follow that the moment the appropriate circular under section 81 ..... that company made for the first time after the formation, whichever, is earlier, it is proposed to increase the subscribed capital of the company by allotment of further shares, then- (a) such further shares ..... assessment year was 1958-59. in the previous year, that is the year ended 12-4-1958, the company issued fresh capital. acting under the provisions of section 81 of the indian companies act, 1956, the company issued a circular to the shareholders stating that they could renounce the shares offered to them in favour of any ..... together with the power to renounce in favour of any other person. section 81(1) of the companies act reads thus:--'81 (1). where at any time after the expiry of two years from the formation of a company or at any time alter the expiry of one year from the allotment of shares in .....

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Apr 24 1967 (HC)

S. R. Chockalingam Chettiar Vs. Commissioner of Gift-tax.

Court : Chennai

Decided on : Apr-24-1967

Reported in : [1968]70ITR397(Mad)

..... of the indian companies act, was issued to chockalingam chettiar and either shareholders, a right to obtain a specified number of shares in the fresh issue of capital was also conferred ..... a share is not a sum of money, but is an interest measured by a sum of money, and made up of various rights contained in the contract, including the right to a sum of money of a more or less amount.'it would, therefore, follow that the moment the appropriate circular under section 81 ..... that company made for the first time after the formation, whichever is earlier, it is proposed to increase the subscribed capital of the company by allotment of further shares, then, -(a) such further shares ..... year was 1958-59. in the previous year, that is, the year ended april, 12, 1958, the company issued fresh capital, acting under the provisions of section 81 of the indian companies act, 1956, the company issued a circular to the shareholders stating that they could renounce the shares offered to them in favour of any person ..... together with the power to renounce in favour of any other person. section 81(1) of the companies act reads thus :'81. (1) where at any time after the expiry of two years from the formation of a company or at any time after the expiry of one year from the allotment of shares in .....

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Sep 20 1967 (SC)

Sunderlal and Son Vs. Bharat Handicrafts (P.) Ltd.

Court : Supreme Court of India

Decided on : Sep-20-1967

Reported in : AIR1968SC406; [1968]1SCR608

..... members of the east india jute and hessain exchange ltd. an association recognised under the provisions of the forward contracts (regulation) act, 1952. the appellants applied to the high court of judicature at calcutta on its original side under s. 33 of the indian arbitration act 10 of 1940 for an order, inter alia, declaring that 'there exists a valid arbitration agreement contained in ..... be punished. it could obviously not have been intended by the parliament to punish a person for failing to secure the consent or authority of the other party to the contract - an act which depends solely upon the volition of that other person. the apparent obscurity in the penal provision cannot however be utilized to restrict the prohibition contained in s. 15 ..... averment. the learned judge observed that he was 'unable to hold that the appellants had proved that the appellants were members of the association at the time of the formation of the contract'. it is unfortunate that the attention of the learned judge was not invited to the admission made by the respondents in paragraph 6 of the plaint filed by them ..... - (1) that the appellants were not at the relevant time members of the association; and (2) that the requirements of s. 15(4) of the forward contracts (regulation) act were not complied with and the contract was on that account invalid. the high court decided both the grounds in favour of the respondents. 4. the appellants averred in their petition that they were .....

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Jan 12 1967 (HC)

C.C. Mathew Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jan-12-1967

Reported in : AIR1968Ker230

..... paragraphs 4 and 10 of the counter-affidavit of the 1st respondent, he served as an assistant commandant in hyderabad special reserve police on a contract basis from 26-4-1952 to 31-3-1953. he was recruited as a deputy superintendent of police in the travancore-cochin state on 19- ..... nambiar, j.1. this writ petition was posted along with the representations received from the 6th and 8th respondents that the provisions of the indian soliders' litigation act, 1925 may be taken into account and proceedings in this writ petition may be kept in abeyance. i considered these representations before arguments were ..... -1941. with the formation of the travancore-cochin state in 1949 the petitioner and others became members of the travancore-cochin state forces; and with the coming into force ..... also members of the armed forces of the travancore-cochin state. the petitioner. respondents 2 to 8 and others were asked to appear before the indian army service selection board, but were found unacceptable, and were ordered to be released from the ranks of the armysome of those so ordered to ..... the 8th respondent, and are adequately represented by him. i therefore refrain from suspending the proceedings under the proviso to section 6 of the act, and proceed to consider the matter on the merits.4. the petitioner was commissioned as a second lieutenant in the travancore state forces on 1-10 .....

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Sep 29 1967 (HC)

Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-29-1967

Reported in : AIR1968Cal407,72CWN440

..... politics did not play a part in causing issue of the circular. the suddenness with which the older circular of 1956 was changed, shortly after the last general election and formation of a new ministry of miscellaneous political combination induces me to think that an orientation in the political outlook, with a pro-labour bias, caused production of the circular of ..... code deals with preventive action by the police. sections 149, 150 and 151. in that chapter, are to the following effect: (see para 19).150. every police-officer receiving in formation of design to commit any cognizable offence shall communicate such information to the police-officer to whom he is subordinate, and to any other officer whose duty it is to ..... statements to writing, if tht officer thinks fit, (b) 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 to a case to place the accused before a magistrate for trial.........'the learned advocate general says that no ..... textile labour union officials from influencing labourers in the buckingham and carnatic mills, from breaking their contract with their employers by means of a strike with a view to obtain increased wages. this led to intensive agitation and resulted in the passing of the indian trade unions act (xvi of 1926) which came into force on 1st june 1927. the main object of .....

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May 05 1967 (HC)

Manilal R. Pandya Vs. Chimanlal Parshottamdas and anr.

Court : Gujarat

Decided on : May-05-1967

Reported in : AIR1968Guj80

..... of electricity in the baroda territory. from that point of view, it may be said that the substitution of the baroda electricity act of samvat 1983 for the indian electricity act of 1903 may not be appropriate. but, at the same time, tin our judgment, having regard to the fact that the ..... published cannot be availed of by the government, we do not find any force therein. the change in the title is only consequent upon the formation of the separate state of gujarat out of the former state of bombay. the title was not any part of the provisions of the rules ..... to which the state government of gujarat was in essence, the successor in relation to the territory comprised in this state. therefore, on a proper contraction of clause (1) of section 23, there is sufficient compliance with these provisions.(12) on the other hand on behalf of the opponent mr. ..... in the above manner, it is clear that the consequence mentioned in section 58 of the indian electricity act, 1910, will follow. the indian electricity act, 1903, corresponded to the baroda electricity act of samvat 1983 corresponded to the indian electricity act of 1910. therefore, in effect, what was being done was that, when the baroda ..... construction in courts, tribunals and authorities which have to enforce the laws. it is submitted that having regard to section 89 of the bombay reorganisation act, the court should interpret the phrase 'state government' in section 24 in the application of the said section to this matter to include 'the .....

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Nov 24 1967 (HC)

K. Venkata Subbayya Vs. District Collector, Chittoor and anr.

Court : Andhra Pradesh

Decided on : Nov-24-1967

Reported in : AIR1969AP381

..... question that arose was whether succession certificate can be granted by the high court on its original side under the provisions of the indian succession act, 1925, as amended by act 18 of 1929. kumaraswamy sastry j. in the course of his reference to the bench observed:'i think there is a distinction between ..... under the rules of the high court of madras with the successor court in respect of the area which came under its jurisdictions consequent on its formation. it is well to bear in mind that consequent on the reorganisation of state, the high court of andhra has been renamed as that ..... (air 1929 mad 252 at p. 255), who had occasion to construe the word 'received' occurring in article 183 of the limitation act.- 'i have always regarded the indian limitation act as the worst drafted piece of legislation which it has been from time to time my misfortune to be compelled to construe.'16. i ..... of madras created by royal charter, it is all the same not a high court established by royal charter and that under the states reorganisation act (act xxxvii of 1956), the jurisdiction of the then existing state of andhra was extended to the whole of the territories transferred to the state from ..... fact that the suit was transferred to the high court and disposed of in its extraordinary original jurisdiction does not attract article 183 of the limitation act. 13. the present one is a case where the high court exercised special jurisdiction conferred upon it under art. 226, although the exercise of .....

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