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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1975 Page 1 of about 40 results (0.047 seconds)

Nov 18 1975 (HC)

Commissioner of Gift-tax, Bombay City Ii Vs. Lalita B. Shah

Court : Mumbai

Decided on : Nov-18-1975

Reported in : [1979]118ITR794(Bom)

..... of consideration for a contract of partnership has been dealt with by lindley on partnership, 13th edn., in the following words, at page 113 : 'agreements to enter into partnership, like all other agreements, require to ..... transaction, viz., the formation of the partnership and not whether there was consideration for the transfer or transmission of interest in the goodwill. 19. it is clear that in the ultimate analysis a partnership is contract, i.e., an agreement enforceable at law which must be supported by consideration (sees. 2(g) and (h) and s. 25 of the indian contract act, 1872). the aspect ..... legal provisions. the transfer then of the goodwill, viz., 40% share in the goodwill, arises as a result of and is incidental to the formation of the new partnership. now, under s. 2(xii) of the g.t. act, 'gift' means, (1) a transfer, (2) by one person to another, (3) of any existing movable or immovable property, (4) made voluntarily, and ..... a transfer of this property, viz., 40% of the assessee's interest in the goodwill, which prior to the formation of partnership solely belonged to the assessee within the meaning of s. 2 of the g.t. act. under s. 2 of the act 'property' is defined as including any interest in property, movable or immovable, and would certainly include goodwill. again, the .....

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May 17 1975 (HC)

The Food Corporation of India and anr. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-17-1975

Reported in : [1976]38STC144(P& H)

..... 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 or ..... delivered and the period of delivery. all these features indicate with unerring accuracy that there is offer, inspection, and appropriation of goods to the contract. the goods will be accepted by the factory after inspection and price will be paid on delivery. the mutual assent is not only implicit but ..... at the controlled rate. the source of the obligations to deliver the specified quantities of wheat and to pay for them is not in any contract, but in the statutory order. in our judgment, clause 3 sets up a machinery for compulsory acquisition by the state government of stocks of .....

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Aug 12 1975 (SC)

The State of Orissa Vs. Khageswar Das and ors.

Court : Supreme Court of India

Decided on : Aug-12-1975

Reported in : AIR1975SC1906; 1975LabIC1446; (1975)2SCC553; [1976]1SCR300

..... merger resolution after about three years on the 2nd october. 1967 a copy of which was annexure i to the writ application. the subject of the notification. annexure i. is 'formation of a combined cadre for the officers of the industries department'. it was clearly mentioned in this notification that after the teaching posts were placed in a separate cadre 'it ..... framing of the rules and attacked them as being violative of articles 14 and 16 of the constitution.5. in paragraph 5 of the counter filed by the appellant the formation of a combined cadre by resolution dated 2-10-1967 was admitted. but it was asserted that in spite of the merger of the two cadres into one the intention ..... was felt that the promotion prospects would be bleak due to the formation of a separate cadre for teachers in view of the limited posts available for promotion.' hence formation of separate cadre for teachers was considered not to be beneficial to them. so the combined cadre was brought into force with .....

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Aug 13 1975 (HC)

Commissioner of Income-tax, Bombay City-i Vs. Gulf Oil (Great Britain) ...

Court : Mumbai

Decided on : Aug-13-1975

Reported in : [1977]108ITR874(Bom)

..... a standing offer of sale by the non-resident to the indian subsidiary company at applicable c.i.f. prices and that the indian subsidiary company placed its indent order with the non-resident company. in other words, the formation of the contract in respect of the goods sold by the non-resident company ..... chargeable to tax under section 42 of the indian income-tax act, 1922 ?' 2. the question relates to the assessment of the assessee which is a non-resident company and it pertains to the assessment ..... fact that the transactions were between principal and principal and that even in the matter of sales that were effected by the indian subsidiary company in india it did not act as an agent of the non-resident company. in this behalf the first significant aspect which has been found by the ..... profits of the non-resident could be deemed to have accrued within the taxable territories under section 42(1) of the act. the income-tax officer held that the indian subsidiary company was the sales organisation of the non-resident company and that there was business connection. as regards the contention ..... , bombay city-i, bombay, the following question has been referred to us by the tribunal for our opinion under section 66(2) of the indian income-tax act, 1922 : 'whether, on the facts and in the circumstances of the case, the assessee-company derived any income from business connection in india .....

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Jan 28 1975 (HC)

Group Industries Private Ltd. and anr. Vs. State of U.P.

Court : Allahabad

Decided on : Jan-28-1975

Reported in : AIR1975All434

..... a restriction on the registration by any registering officer appointed under the indian registration act, 1908 of any document relating to any transfer prohibited by section 3. section 5 provides that, 'the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in any contract or other instrument.' sub-section (1) of section 6 repeals the ordinance ..... ) (c) (iv) provides for exemption of transfer to or transfer by'a co-operative society to the share capital of which the state government has subscribed directly or in the formation or augmentation of the share capital of which it has assisted indirectly as provided in chapter vi of the uttar pradesh co-operative societies ..... or controlled by the central government or the state government; (iv) a co-operative society to the share capital of which the state government has subscribed directly or in the formation or augmentation of the share capital of which it has assisted indirectly as provided in chapter vi of the uttar pradesh co-operative societies ..... the state government; or (vi) a banking company as defined in the uttar pradesh public moneys (recovery of dues) act, 1972, or (vii) any co-operative society to the share capital of which the state government has subscribed directly or in the formation or augmentation of the share capital of which it has assisted indirectly as provided in chapter vi of the .....

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Nov 07 1975 (SC)

Smt. Indira Nehru Gandhi Vs. Shri Raj NaraIn and anr.

Court : Supreme Court of India

Decided on : Nov-07-1975

Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347

..... powers of the medieval 'high court of parliament' in england, that a judicial power also devolved upon our parliament through the constituent assembly, mentioned in section 8 of the indian independence act of 1947. as already indicated by me, the constituent assembly was invested with law making and not judicial powers. whatever judicial power may have been possessed once by english king ..... put in issue. apart from this objection, the learned judge overlooked that the provisions of section 123(7) were intended to prevent solicitation for aid and not sending of in formation to the state government in the course of ordinary official business even if the candidate concerned knows that the state government is bound, under the rules, to make the necessary ..... and the state legislatures. those to whose wisdom and judgment the constituent power is confided, will evoke scorn and derision if that power is used for granting or withdrawing building contracts, passing or failing students or granting and denying divorces. but the electorate lives in the hope that a sacred power will not so flagrantly be abused and the moving ..... of the question as to what the power of amendment comprehends. promoting and demoting government servants, passing and failing students who have appeared in an examination, granting or withdrawing building contracts and last but not the least, declaring who has won and who has lost an election are matters clearly outside the scope of the amending power under article 368, which .....

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Apr 14 1975 (HC)

Atmaram Harchandrai Bharvani Vs. the Municipal Corporation of Greater ...

Court : Mumbai

Decided on : Apr-14-1975

Reported in : (1978)80BOMLR128

..... that defendant no. 1 had the requisite power to demand the premium, the mistake could be said to have occurred at the time of formation of the contract. once the contract had come into existence, there was no mistake made so far as the payment was concerned. i am fortified in taking this view of ..... be entitled to claim refund of the sum of rs. 1,50,000 from defendant no. 1 either under section 65 or section 72 of the contract act. in my view, neither of the sections is applicable to the facts of the case and no relief can be granted to the plaintiff under either ..... mad. 113 the municipal council had a right to levy and collect fees on slaughtering animals under section 191 of the madras district municipalities act and the municipality gave a farming contract to the respondent and when the respondent failed to pay dues under the lease under which the right to collect had been farmed out, ..... in support of his aforesaid contention he pointed out that the maxim in pari delicto potior est conditio defendant's has been accepted, approved and applied by the indian courts to cases arising in this country and in that behalf he relied upon three decisions reported in sita ram v. radha bai : [1968]1scr805 , ..... of the entire agreement in question is unlawful or opposed to the public policy and therefore the agreement in question is void under section 23 of the contract act. it is, therefore, clear that the payment of rs. 1,50,000 made by the plaintiff under the agreement in question will have to be .....

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Dec 31 1975 (HC)

Kaamareddy Suryanarayana and anr. Vs. the District Co-operative Office ...

Court : Andhra Pradesh

Decided on : Dec-31-1975

Reported in : AIR1976AP340

..... the deficiencies of legislation, to others the deficiencies of judge-made law are no less apparent. to economists and sociologists, judicial attempts to force benthamite conceptions of freedom of contract and common law conceptions of individualism upon the public of today are no less amusing or even irritating than legislative attempts to do away with or get away from these ..... government servant shall join or continue to be a member of any service association of government servants (a) which has not, within a period of six months from its formation, obtained the recognition of the government under the rules prescribed in that behalf or (b) recognition in respect of which has been refused or withdrawn by the government under ..... subsidies to any society. it is provided under section 33 what where the government have subscribed to the share capital of a society or have assisted indirectly in the formation or augmentation of the share capital of the society or have guaranteed the repayment of principal and payment of interest on debentures issued by the society or have guaranteed ..... andhra pradesh (andhra area) shops and establishments act 1948 and the andhra pradesh (telengana area) shops and establishments act, 1951. thus, under the act while certain special privileges are granted to the societies formed under it, that is to their members, certain restrictions and obligations are also imposed by the legislature regarding the formation and working of the societies for the purpose of .....

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Dec 15 1975 (HC)

N.P. Nathwani Vs. the Commissioner of Police

Court : Mumbai

Decided on : Dec-15-1975

Reported in : (1976)78BOMLR1

..... true legal effect of the expression 'in the opinion of the central government' occurring in section 237(6) of the act and how far and to what extent the formation of such opinion by the central government was challengeable in a court of law. mr. justice shelat in the leading judgment ..... of what is reasonable to the criterion of what a reasonable body might have decided. the courts will find out whether conditions precedent to the formation of the opinion have a factual basis.(italics supplied.)these observations on which mr. jethmalani relied clearly show that the test of reasonableness could be ..... prohibiting extraction of fibre from coconut husk by the use of machinery in three out of eleven districts was challenged on the ground that the formation of opinion by the state government for the purpose of exercising the power under rule 114(2) was a justiciable issue and that the court ..... ., commissioner of police, greater bombay, in exercise of the powers conferred upon me by sub-section (3) of section 37 of the bombay police act, 1951, (bombay act xxii of 1951), prohibit-(i) any assembly of five or more than five persons, and(ii) any procession of any persons, for the period ..... act for the exercise of the power, such subordinate legislation would also be liable to be struck down; in other words, these are additional tests which could be adopted and applied for deciding the validity or otherwise of a piece of subordinate legislation.67. the aforesaid discussion on decided cases, indian .....

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Jun 19 1975 (HC)

Vasantlal Dhansurhlal Jariwala Vs. G.N. Dike, Secretary to Govt. of Gu ...

Court : Gujarat

Decided on : Jun-19-1975

Reported in : (1976)17GLR122

..... not necessary to refer all that has been decided by this court on numerous occasions. we shall refer to what concerns this case. the formation of the opinion about detention rests with the government or the officer authorised.their satisfaction is all that the law speaks of and the courts ..... the items in schedule 7 but f the two or even one of the two grounds are justified as coming within the continence of the indian legislative, i do not think it makes any difference to the validity of the order if the government of bombay proceed to give further ..... , cannot by itself import an obligation on the provincial government to hold an enquiry before issuing a detention order, which is a purely executive act, when the act nowhere imposes such an obligation on the government. the court can, however, examine the grounds disclosed by the government to see if they are ..... came into force, the federal court was concerned with the provisions of an order of detention passed under c.p. and berar public safety act and the act itself did not provide for a review of the grounds of detention by an independent body, like an advisory council which was a familiar ..... for the purposes of conservation and augmentation of foreign exchange and prevention of smuggling activities and for matters connected therewith. the preamble to the act says-whereas violations of foreign exchange regulations and smuggling activities are having an increasingly deleterious effect on the national economy and thereby a serious adverse .....

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