Court : Delhi
Decided on : May-11-1972
Reported in : 44CompCas390(Delhi); ILR1972Delhi413
..... c) a company engaged in working mines. .........; is not a partnership within the meaning of this act.'(90) section 5 of the indian partnership act, on the other hand, specifically provides that the relationship of partnership arises from contract and not from status. the members of the hindu undivided family carrying on a family business as ..... other manner. the settled and accepted course of conduct between the parties, whether or not cast into the mould of a contract was considered to be important. (71) coming to indian cases, the first one that attracts attention is b. cowseji and others v. nath singh oil company limited (1921) 59 ..... who is the first appellant (the company being the second appellant), in ca 8 of 1971. (2) the company was incorporated in 1938 under the indian companies act, 1913, as a public company limited by shares with a nominal capital of rs. 34.00 lakhs and a paid up capital of rs. 12. ..... can help to resolve the deadlock the winding up has to be ruled out. the articles have to be taken as the terms of the contract between the members, showing their intention as to how they agreed to transact the business of the company; and which must, thereforee, govern the ..... differs from that in india, inasmuch as agreement, as such, is not a necessary condition precedent for the formation of a partnership under the english law. section i of the u.k. partnership act, 1890 reads as follows :- '(1)partnership is the relation which subsists between persons carrying on a business .....Tag this Judgment!
Court : Gujarat
Decided on : May-05-1972
Reported in : AIR1973Guj34
..... but some times circumstances are eloquent enough to make the suggestion of a fraudulent conduct. it is for this reason that section 17 of the indian contract act has made an attempt to define what can be termed as legal fraud in civil law as distinguished from criminal law. reference to paragraph 1556 ..... concluded that the defendant-board has made a suggestion in the tender notices about the fact which was most relevant and vital to the formation of the contract between the parties. this satisfies the first of the four ingredients mentioned above.47. now coming to the second ingredient what is required ..... suggestion of which is contemplated by clause (1) of section 17 must, of course. be one which should have some relevance to the formation of the contract. the case of the plaintiff is that such a relevant fact relating to the estimation of the cost of the work to be executed was ..... the intention of a person in adopting a particular cause of action. so far as this case is concerned no officer connected with the formation of the suit contracts is examined by the respondent-board. it is difficult to understand why these officers have avoided their evidence by appearing as defendant's ..... the foregoing discussion also shows that the representation so made by the board was as regards a very important and relevant fact to the formation of the contract, because, the intending contractors who happened to look to this estimate would be led to believe that the department itself has worked out the .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-06-1972
Reported in : 90ITR172(All)
..... of opinion that in this case there was no transfer of licence as contemplated by rule 337.16. learned counsel for the revenue next argued that section 12 of the indian partnership act provides that subject to contract between the partners every partner has a right to take part in conducting the business of a firm. in this case the ..... there was no condition in the special conditions attached to the licence prohibiting the holder from entering into a partnership, but the provisions of the excise act and the rules framed thereunder do not permit formation of a partnership of the type as has been entered into in the present case.10. when the reference came up for hearing before this court ..... under the graduated surcharge system as provided for in paragraph 360.' and urged that these rules, framed under the u.p. excise act, not only prohibited a transfer or sub-lease of an excise licence but also the formation of a partnership without obtaining previous approval of the excise commissioner. according to these rules in no case can a partnership of more ..... the district officers while considering the application for the grant of licence or for its transfer, sub-lease or formation of partnership. it cannot be said that an act of entering into partnership with regard to a licence issued under the excise act is prohibited by law and is illegal merely because it contravenes the instructions contained in the aforementioned paragraphs of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-14-1972
Reported in : AIR1973AP342
..... goods are supplied or if services are tendered in terms of the void contract. the provisions of section 70 of the indian contract act may be applicable. in other words. if the conditions imposed by section 70 of the indian contract act are satisfied then the provisions of that section can be invoked by the ..... note becomes inadmissible in evidence for want of proper stamp, the creditor can fall back on the original transaction under section 70 of the contract act treating the promissory note as non-existent and ask for refund of the consideration paid. this decision supports the view of the learned judge ..... creditor will be entitled to fall back on the original demand. the learned counsel also, relying upon the language of section 70 of the contract act, contended that the expression ' anything ' is of sufficient amplitude to bring within its ambit transactions of money and that the creditor will be ..... failed is not based on any provision in the contract, but arises because in the circumstances the law gives a remedy in quasi contract to the party who has not got what he bargained for. although, in the formation of a contract, a promise to do a thing may be the ..... consideration, in dealing with the law of failure of consideration and the right to recover money on that ground it is generally speaking, not the promise which is referred to as the consideration, but its performance. 'as it was a case of frustration, the contract .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-04-1972
Reported in : 45CompCas613(Bom)
..... application by way of judge's summons may be stated : the seksaria cotton mills ltd. (hereinafter referred to as 'the 1st respondent-company'), a public limited company incorporated under the indian companies act, vii of 1913, used to run textile mills situate at delise road, parel, bombay. it ceased production and actually stopped its business since about 18th october, 1967. on a ..... industry, to investigate into the possibility of running or restarting the industrial undertaking ......' 20. these words clearly indicate that the power conferred by the section is conditioned by the formation of opinion as to the necessity of investigating into the possibility of restarting particular industrial undertakings in the interests of the general public in particular in the interests of production ..... application to the court and obtain the management of the undertaking on terms that may be fixed by the court. in other words, it is a matter of private contract which either citizen or government enters into with the official liquidator through the intervention of the court on the basis of which the management of the undertaking of a company ..... any other person having, for the time being, charge of the management or control of the industrial undertaking, whether by or under the others of any court, or any contract or instrument or otherwise, to make over the management of such undertaking or the concerned part, as the case may be, to the authorised person and thereupon the authorised person .....Tag this Judgment!
Court : Delhi
Decided on : May-05-1972
Reported in : ILR1975Delhi420; 1973RLR116
..... was contended that the variation was not 'substantial' and did not prevent the acceptance being absolute and unqualified a,s required by section 7 of the indian contract act. for this proposition support was claimed from jawahar lal barman v. the union of india, : 3scr769 . in that case, it was ..... that an acceptance must be absolute and unqualified. the relevant principles have received statutory statement in sections 2 and 7 of the indian contract act, 1872, and are too well known to require restatement. applying those principles, the conclusion i would reach is that the tender was the offer ..... acceptance' occurring there, indicated and were intended to indicate that the answer to the question would, if in the affirmative, result in the immediate formation of an arbitration agreement in terms of clause 24. to support this theory, it was necessary to find a preexisting offer, and so counsel urged ..... that on an application under section 20 of the arbitration act the only question the court can decide is whether an arbitration agreement exists or not, and the court is not concerned with and ought not to inquire into the formation of the contract of which it may be a term. it is, ..... of course, true that the ultimate question to be decided in proceedings such as this is whether there is a subsisting arbitration agreement between the parties or not. but, when the arbitration agreement is one of the terms of a larger contract .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-21-1972
Reported in : AIR1974Guj54; (1973)GLR761
..... the trees. if the utility of the tree lies only in it is wooed there is always an intention to cut it. in other words the subjective act of the formation of intention to cut a tree flows only from the nature of the tree. if it is a fruit bearing tree the intention to cut it will ..... if we do not consider this last factor in view of the fact that other trees and non-timber trees are also permitted to be cut under the contract''the division bench applied the intention test and observed that if trees were not intended to be cut within a reasonable time, then they would continue to received ..... . in his opinion, a timber tree does not come into existence only when an intention to cut it sooner or later is formed but even prior to the formation of such a intention, it is a timber tree. a timber tree must be cut down in order that it fulfills its object. therefore, it cannot be ..... from proceeding against the lands mentioned in notification no.fld2555/137/12 e dated 3 rd march 1955 in exercise of its power under section 4 of the indian forest act is also set aside.' having been aggrieved by this appellate decree both the parties have filed appeals in this court. second appeal no,541 of 1968 ..... . on 3rd march 1955 the government of bombay issued notification no. e.l.d. 2555/134/3 e under section 4 of the indian forest act. 1927 (thereinafter referred to as the forest act' for the sake of brevity) constituting serial nos. 14, 194, 210 and 225 of kosum village and serial no. 110 of chimli village and .....Tag this Judgment!
Court : Delhi
Decided on : Oct-13-1972
Reported in : AIR1973Delhi280
..... law thus : giftsare rendered valid by tender, acceptance and seisin. tender and acceptance are necessary 'because a gift is a contract, and tender and acceptance are requisite in the formation of all contracts', and seisin is necessary in order to establish a right of property in the gift, because a right of property according ..... affixed. it may be proof of the handwriting of the contents or the signature by one of the modes provided in sections 45 and 47 of the indian evidence act (see - mobarik ali ahmed v. the state of bombay, : 1957crilj1346 ).(27) in our opinion, the documents were properly proved as was held by ..... fyzee-outlines of mohammedan law, 3rd edition, at page 208).(39) their lordships of the privy council in ranee khujooroonissa v. mussarut raushun jehan (3 indian appeal 291) held that :thepolicy of the mohammedan law appears to be to prevent a testator interfering by will with the course of the devolution of ..... possession can be made in such a manner as the subject of the gift is susceptible of, (sadik hussain khan v. hashim ah khan, 43 indian appeals 212). if the property is in possession of the tenants then the donor may put the donee in possession by asking the tenants to attorn tothe ..... the donee; and (c) by the delivery of the possession of the subject of the gift. in mohd. abdul gani v. fakkar juhan begum, (49 indian appeals 195)(2), sir john edge, speaking for the board said : for a valid gift inter vivos under the mohammedan law applicable in this case, three .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-11-1972
Reported in : 32STC283(P&H)
..... ) whether on the facts and circumstances of the case, the distributorship agreements could validly be construed to be contracts of sale even when they lack all the essential ingredients for the formation of the same ?(3) whether on the facts and circumstances of the case, the movement of the goods ..... but does not include a mortgage or hypothecation of or a charge or pledge on goods.31. sections 18 to 26 of the indian sale of goods act, 1930, lay down the rules indicating when there is transfer of property in the goods sold between the seller and the buyer. ..... which a reference has to be made are the definitions of 'agreement' and 'contract' in the contract act. section 2(e) defines 'agreement' and section 2(h) a 'contract'. they are in the following terms :2. in this act the following words and expressions are used in the following senses, unless a contrary ..... the assessing authority to examine each individual transaction and then decide whether it constituted an inter-state sale exigible to tax under the provisions of the act. this contention is based on the observations of the supreme court in tata engineering & locomotive co. ltd. v. assistant commissioner of commercial taxes ..... necessary to incorporate the relevant parts of these agreements for facility of reference :spencer agreement :-whereas the distributors have agreed to be and to act as distributors of the company now it is hereby mutually agreed and declared between the parties hereto as follows :1. the company hereby undertakes .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-20-1972
Reported in : (1974)76BOMLR788a
..... one and goes to the root of the matter. what has been contended by mr. sorabjee is that though under section 10(5)(c) the formation of opinion as to the necessity or expediency of impounding a passport has been left to subjective satisfaction of the passport authority which was the central government ..... highly confidential reports) if it is known that disclosure to the person concerned (for example, an applicant for a licence or a company tendering for a contract) will take place. even where a duty to observe natural justice is applicable, the scope of the obligation imported may be modified in the public interest ..... travel abroad having been included in the personal liberty spoken by article 21 has been raised to the position of a fundamental right and as such no indian national can be deprived of it except according to procedure established by law (vide satwant singh v. a.p.o., new delhi : 3scr525 ..... this country and the effect of the exercise of that power is to make an inroad on the fundamental right of personal liberty guaranteed to an indian national under article 21 and prejudicially affect his right to go abroad on the strength of the passport already issued to him. unlike under english law ..... to the language used in section 10(5)(c) of the passports act. in that case the supreme court was concerned with the provisions of section 3(2)(e) of the indian electricity act 9 of 1910 as amended by the v.p. act 30 of 1961 whereunder notwithstanding the grant of a licence to supply .....Tag this Judgment!