Court : Mumbai
Decided on : Jul-27-1971
Reported in : AIR1972Bom365; (1972)74BOMLR509; 1972MhLJ756
..... , is not of much assistance for the purpose of ascertaining the meaning of the expression 'terms' used in ss. 91 and 92 of the indian evidence act. in dealing with the question of classification of terms, chitty on contracts (23rd edn.) vol i p. 279 para 595 also deals with the distinction between conditions and warranties and the statements made in that paragraph ..... 92 of the indian evidence act must relate to statements, assertions or representations contained in a written contract which relate to the subject - matter of the contract and to something to be done or not to be done under the contract, and has no application to a provision in the nature of a condition precedent to the very existence or formation of a contract. on that ground ..... contained in the concluding part of annexure 'a' to the plaint is not one of the 'terms' of the contract between the parties. i would still hold extrinsic evidence to be admissible under proviso (6) to section 92 of the indian evidence act for the purpose of showing the circumstances in which the said writing came to be prepared and executed, and this ..... admissible to show that the party liable on the contract contracted for himself and as the agent of his partners, and that such partners are liable to be sued on the contract though no allusion is made to them in the written contract. in that connection, referring to ss. 91 and 92 of the indian evidence act, it was stated in the judgment (at p. 47 .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-01-1971
Reported in : (1974)76BOMLR156
..... standard english works on the subject, i must next refer to the statutory provision with which i am directly concerned, viz. section 23 of the indian contract act, the material part of which enacts that the 'consideration or object' of an agreement is lawful, unless it is of such a nature that if ..... different and it is with this distinction in mind that i must proceed to consider the preliminary issue of illegality based on section 23 of the indian contract act.13. the agreement in the present case is alleged to be illegal as formed, and not to be illegal in the matter pi its performance ..... court has, in the full bench case of kashinath v. bapurao considered the distinction between 'object' and 'motive' for the purpose of section 23 of the contract act (at p. 311). it is stated that section 23 is not concerned with motive, but is confined to the consideration and object of the transaction. equating ..... e.r. 92 cited by mr. parpia is an illustration of the principle enunciated by cheshire (at p. 306) that if a contract is illegal in its formation, a contract which is founded on and springs from the illegal transaction is also illegal and void. the facts of that case were that the defendant ..... mr. parpia within the first of the two classes into which cheshire divides illegal contracts. two questions, therefore, arise for my consideration viz., (1) is the agreement as pleaded in para. 3 of the plaint illegal in its formation by reason of the facts (a) that the plaintiffs had agreed to lend .....Tag this Judgment!
Court : Chennai
Decided on : Jun-28-1971
Reported in : 88ITR76(Mad)
..... say, that though there is a benefit in the matter of the indian income-tax act by such an overt act on the part of the quondam partnership firm, that benefit was purely incidental as a consequence of the formation of the company. they, therefore answered the question referred in the negative ..... the said association of persons as per its own balance-sheets and profit and loss accounts had taxable income and hence an assessee under the indian income-tax act. (v) the association had not filed returns of income before the income-tax officer for purposes of assessment for the assessment years in question ..... residents of india, showing that they were managing thecompany's affairs from india. (ii) the company is assessable to income-tax under the indian income-tax act. not as a company but as an association of persons. (iii) the company as an association, of persons is to be assessed as ..... the company which is functioning wholly outside the taxable limits of india, and is outside the reach of the arm of taxation under the indian income-tax act. originally, the petitioner and three others as above were carrying on business in partnership under the name of s.v.m. mohamed jamaludeen ..... as follows : ' it cannot be disputed that the erstwhile partners had control over the company .... the assessee had foreign contracts, its large profit being attributable mainly to foreign imports .... by formation of a company to carry on the business, a kind of continuity can also be assumed to the posterity of the .....Tag this Judgment!
Court : Delhi
Decided on : Nov-03-1971
Reported in : 45CompCas419(Delhi); ILR1972Delhi401
..... the cylinders hired out to it by the appellant and the latter was entitled to its return under the provisions of section 160 of the indian contract act. (23) the circumstances under which the appellant hired his gas cylinders to the company can only be decided after the parties are allowed to ..... the cylinders hired out to it by the appellant and the latter was entitled to its return under the provisions of section 160 of the indian contract act. (28) the circumstances under which the appellant hired his gas cylinders to the company can only be decided after the parties are allowed to ..... official liquidator on the allegation that he and murari lal bhargava had placed cylinders belonging to them at the disposal of the company at its formation on rental basis. whereas murari lal bhargava placed 1,000 cylinders, the appellant placed about 1200 cylinders at the disposal of the company. ..... official liquidator on the allegation that he and murari lal bhargava had placed cylinders belonging to them at the disposal of the company at its formation on rental basis. whereas murari lal bhargava placed 1,000 cylinders, the appellant placed about 1200 cylinders at the disposal of the company. ..... appellant entrusted another 448 cylinders. in the month of june. 1962. the business of the company came to a standstill. the appellant terminated the contract of hiring and withdrew 1 130 cylinders belonging to him and started his own independent business of ammonia gas suppliers. later on the official liquidator .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-01-1971
Reported in : AIR1972SC87; (1972)1SCC23; 2SCR228; 29STC246(SC)
..... of a cane grower to sell was a free consent and the compulsion of law was not coercion as defined in section 15 of the indian contract act, 1892. the agreement in spite of the compulsion of law was said to be neither void nor voidable. a canegrower made an offer directly ..... . then again, under section 23 of the indian sale of goods act where there is a contract for the sale of unascertained or future goods by description when the goods of that description and in a deliverable state ..... paid for. therefore, in the present case, it would be a sale of unascertained goods. under section 23 of the indian sale of goods act when there is a contract of sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained ..... are unascertained. the agreements speak of inspection of goods. inspection and appropriation of unascertained goods indicates not only freedom in the formation but also in the performance of contracts. unascertained goods are distinct from specific or ascertained goods in the sense that future goods include goods not yet in existence ..... and distribution of goods by and between the parties under control orders in a state do not absolutely impinge on the freedom to enter into contract. legislative measures or statutory provisions fixing the price, delivery, supply, restricting areas for transactions are all within the realm of planning economic needs .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-19-1971
Reported in : AIR1971Cal357
..... observed, that the two reels of wire ropes were not non-rotating type and, as such, they did not conform to the specifications in the contract. the formation of the bird cage (the inner strands coming out of the outer strands), on a proper reading of the written statement in my opinion is ..... 2 is answered accordingly.24. mr. tibrewal for the plaintiff drew my attention in this connection to regulation 30 of indian dock labourers regulations, 1948 which have been framed under section 5 of the indian dock labourers act, 1934. regulation 30 (1), inter alia, provides as follows:--'no rope shall be used in hoisting or lowering ..... proved. the measure of damages again is really not different from the measure adopted in the law of contract. in assessing the damages which the buyer would be entitled to under section 59 of the act, two things have to be found out. the first conclusion that the court has to arrive at ..... not be apparent on reasonable examination of the reels. in the circumstances the defendant seeks the aid of the proviso to section 16(2) of the act.46. mr. tebriwal submitted that there was no allegation of any particular manufacturing defect in the written statement. the only grievance which is made in ..... is entitled to set up the claim he has made in diminution or extinction of the price according to the provisions of section 59 of the act.42. a number of authorities were cited by both parties as to what was the exact legal connotation of 'merchantable quality'. mr. sinha relied .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-08-1971
Reported in : AIR1972Bom184; (1971)73BOMLR828; 1972CriLJ921; ILR1972Bom1372
..... in any other capacity entitling him to build on such land, under an agreement which shall be in writing and shall, notwithstanding anything contained in the indian registration act, 1908, be registered. such agreement shall inter alia include the following conditions namely :- (1) that the landlord is to let to such person ..... in this connection, it is also important to bear in mind that the conditions of sub-section (3) have not been made 'subject to contract to the contrary', which would indicate that the legislature intended them to be included in all construction loan agreements of the nature contemplated by that sub- ..... that one edulji, who was the president of the tenants' association of the said building, and was authorized to act on behalf of the tenants in the matter of the formation of a scoiety, has signed the agreements dated 31-5-1969 and 23-5-1969 under which the rights and ..... proviso carves out something which is already contained in the main provision in sub-section (2) of s. 41 of the madras general sales tax act did not provide for search of purely residential accommodation the proviso was otiose. in regard to that contention, the supreme court observed (paragraph 8) that ..... in that case was in regard to the proper construction of the proviso to sub-section (2) of s. 41 of the madras general sales tax act, 1959. section 41 (2) dealt with inspection of the accounts, registers, records and other documents maintained by dealers, while the proviso thereto dealt with search .....Tag this Judgment!
Court : Orissa
Decided on : Apr-27-1971
Reported in : AIR1972Ori17
..... alreadv indicated, he found that maliram gourishankar was a partnership firm and in view of the admitted position that there is no registration under the indian partnership act. the suit was bad.there is no documentary evidence to show that the plaintiff maliram and one gourishankar constituted a partnership firm under the name ..... overlap, but are nevertheless distinct. the first element relates to the voluntary contractual nature of partnership: the second gives the motive which leads to the formation of firms, i.e. the acqui-sition of gain and the third shows that the persons of the group who conduct the business do so as ..... counsel for the appellant contends that the learned subordinate judge is clearly in error in holding that the suit is hit under section 69 of the indian partnership act. according to him, since that is the only count on which the suit had been dismissed, if it is held that the bar under section ..... plaintiffs they cannot be partners as defined in the act. and cannot be members of a firm. section 69 would not, therefore, be applicable.'a full bench of the ..... meaning of the act. under section 4 in order to create a partnership there must be an agreement entered into by all the parties concerned to share the profits of the business. hence, where there is not an iota of evidence to show that there was any such agreement or contract between the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-17-1971
Reported in : 1972MhLJ987; 29STC74(Bom)
..... re-form the sentences of the old explanation, put them in a separate clause (a) and add clause (b) which alone was new. the re-formation of the clauses of the old explanation (ii) was necessitated because the provisions of clause (b) had to be introduced and no more. there never ..... substituted :- 'explanation (ii). - notwithstanding anything to the contrary in the indian sale of goods act, 1930, the sale or purchase of any goods shall be deemed for the purposes of this act, to have taken place in this province, wherever the contract of sale or purchase might have been made - (a) if the goods ..... and the old explanation (ii) have both ceased to exist, and the position has to be judged simply upon the relevant provisions of the indian sale of goods act, 1930, which is the general law governing the sale of goods. 15. the whole reliance on behalf of the petitioner-company is therefore upon ..... the state legislature and that the mere production of goods was not enough to make the tax payable unless the goods were appropriated to a particular contract. the correctness of this view can no longer be questioned by reason of the majority decision of this court in the state of bombay v ..... property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods made in course of the execution of a contract, but does not include a mortgage, hypothecation, charge or pledge : explanation (i). - a transfer of goods on hire-purchase or other instalment system .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-12-1971
Reported in : AIR1971SC2377; (1972)3SCC246; 1SCR137; 1971(III)LC776(SC)
..... to serve a dual purpose facilitating the early formation of homogeneous units in the larger interest of the union and maintaining even while merging its political identity in the new unit, the distinctive ..... cannot be called a tax on land revenue, as contended by the learned counsel for the appellant. it is a common practice among the indian legislatures to impose surcharge on existing tax. even article 271 of the constitution speaks of a surcharge for the purpose of the union being ..... in article 269 and article 270.11. section 3 (1) of the act of 1961 reads:3(1)-notwithstanding anything contained in any contract, grant of other instrument, or in the mysore land revenue code, 1888 (mysore act iv of 1888) or any other corresponding law or orders having the force ..... ltd. : 52itr443(sc) . observed:continuance of the laws of the old region after the reorganisation by section 119 of the states reorganisation act was by itself not discriminatory even though it resulted in differential treatment of persons, objects and transactions in the new state, because it was intended ..... of andhra pradesh v. nalla raja reddy : 3scr28 , while dealing with the andhra pradesh land revenue (additional assessment) and cess revision act 22 of 1962, made the following general observations:a statutory provision may offend article 14 of the constitution both by finding differences where there are none .....Tag this Judgment!