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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1976 Page 1 of about 31 results (0.048 seconds)

Jan 23 1976 (HC)

Addl. Commissioner of Income-tax Vs. Visakha Flour Mills

Court : Andhra Pradesh

Decided on : Jan-23-1976

Reported in : [1977]108ITR465(AP)

..... the constitution of the firm would depend upon the context of the use of that expression.........under section 42 of the partnership act subject to the contract between the parties a firm is dissolved on, inter alia, the death of a partner. but, change in the constitution ..... provisions of sub-section (2) of section 187 do not change the concept of reconstitution of a firm as understood in the indian partnership act nor do they obliterate the distinction between reconstitution and dissolution and that once a firm is dissolved either by agreement or by operation ..... as, on the death of a partner of a partnership firm, the partnership automatically gets dissolved under section 42(c) of the indian partnership act, 1932, that a new firm for the remaining broken period in each of the two accounting years has come into existence as ..... has been run uninterruptedly. even if it amounts to dissolution of the earlier firm according to the provisions of section 42 of the indian partnership act, there is no doubt that such dissolution and succession has to be treated as a reconstitution of the firm according to the provisions ..... indian income-tax act, 1922, therein it was held that the death of one of the partners resulted in the dissolution of the partnership unless there is a contract to the contrary and such contract need not be expressed but may be inferred from the conduct of the parties although the contract must invariably be between the original partners at the time of formation of the contract .....

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Aug 31 1976 (HC)

V. Srinivasa Pillai Vs. Agent of Life Insurance Corporation of India, ...

Court : Chennai

Decided on : Aug-31-1976

Reported in : AIR1977Mad381

..... has special features of its own and not withstanding the fact that prima facie it is supported by consideration and has all the facts of a contract within the meaning of a contract under the indian contract act, yet has certain peculiar advantages and disadvantages depending upon the disclosure or non-disclosure of material facts which form the foundation to create the consensus ad ..... even submission of details regarding insignificant matters the insured might commit a bona fide mistake. if such answers or particulars do not strike at the foundation of the good faith contract, courts are very lenient towards the insured. but in a case where the insured gives such details which are exclusively within his or her knowledge then the question becomes ..... policy, which suit was instituted by the plaintiff, as the husband of ranganayagi 2. in the reply statement, the plaintiff pleaded that there was no such material misrepresentation and the contract of insurance having become final and irrevocable, the money was payable. he denied that his wife was suffering from tuberculosis and reiterated that the last child was born to the ..... idem between the insurer and the insured. it is normal to expect in a contract of insurance-utmost good faith, that is the insured is expected to answer various queries and takes upon himself the responsibility to give true and faithful in formation about himself and naturally he must be prompt and honest in answering such questions and making such .....

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Nov 22 1976 (HC)

Commissioner of Income-tax, Bombay City-ii Vs. T.C. Dolwani

Court : Mumbai

Decided on : Nov-22-1976

Reported in : [1978]111ITR650(Bom)

..... been done and, therefore, there would be justification for applying the presumption extracted above which is based on the provisions contained in section 114 of the indian evidence act. in the assessee's individual case also the first assessment was for 1950-51. therefore, the firms assessment as well as the individual assessment were ..... revenue to justify the reopening and to satisfy the tribunal or the court that there has not been a change of opinion unsupported by fresh in formation or discovery but a change of opinion supported and based upon such fresh information which may be even from the record itself or realisation of an ..... -3-46, by which he gave rs. 60,000 to jaidev and rs. 40,000 each to the others. there were two objects in the formation of the firm to take over the garage. one was to prevent mr. tekchand chandiram being declared an evacuee by the pakistan government, and the other ..... , the income-tax officer prepared a note regarding the conversion of the business of standard garage into a firm. the other facts relating to the formation of the firm as ascertained by him were also recorded in the note. this note has been extracted in full in the tribunal's order and ..... of natural events, human conduct and public and private business, in their relation to the facts of the particular case. (see section 114 of the indian evidence act). in our opinion, there is considerable force in this submission, although it must be conceded that there is no actual finding by the tribunal that .....

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Aug 13 1976 (HC)

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Decided on : Aug-13-1976

Reported in : AIR1977Bom99

..... country. the feudal landlords were the net product under whom teaming tenants and labouring landless tilled the soil without any proportional or no return. that resulted in formation of class structures and economic sections differently situate around land and its uses.160. variety of tenancies, including rights flowing from year to year against fixed payments ..... put under the constitutional umbrella the right to property being not basic structure of the constitution, nor being the basic principle of the indian constitutionalism, the challenge to the constitution (fortieth amendment) act on the basis of the basic structure theory cannot but be rejected,60. a collateral issue which can be disposed of at this stage ..... constituent assembly framed the original constitution and by the very original charter reposited the constituent power by enacting article 368 in the parliament responsible to the people. the indian parliament thus being repository of constituent power, the matters of enacting appropriate constitutional laws must be left to its wisdom and to its constitutional judgment. judicial review, ..... 668, learned chandrachud j. further enunciated the guideline when the theory of basic structure was pressed in aid in matters seeking judicial review of the constitutional amendments by indian courts. the learned judge observes:'..... since the constitution, asoriginally enacted, did not consider that judicial power must intervene in the interests of purity of elections, judicial review .....

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Mar 01 1976 (HC)

Alapati Seshadri Rao and Co. and ors. Vs. the Agricultural Market Comm ...

Court : Andhra Pradesh

Decided on : Mar-01-1976

Reported in : AIR1977AP322

..... their trade. as a matter of fact there were surplus funds to the tune of one lakh and thirty thousand rupees by the time of the formation of the new committee which represents the balance of the collections in the previous years. the bye-laws were also not approved by the director ..... made by the state government for the management of the markets and pay them such emoluments as may be fixed by it. it can enter into contracts on behalf of the market committee. the market committee has also power to levy fees on the notified commercial crop or crops, bought and sold ..... h. bagla v. state of m. p., ( : 1954crilj1322 ) one of the contentions raised was that section 4 of the essential supplies (temporary powers) act (act 24 of 1946) which empowered the central government to exercise its power to make an order under section 3 for regulating the production, supply and distribution of any ..... constitutional position in india approximates more to the american than to the english pattern. there is a basic difference between the indian and the british parliament in this respect. there is no constitutional limitation to restrain the british parliament from assigning its powers where it will, but ..... the indian parliament quo legislative body is fettered by a written constitution and it does not possess the sovereign powers of the british parliament. the .....

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Jul 06 1976 (FN)

Cantor Vs. Detroit Edison Co.

Court : US Supreme Court

Decided on : Jul-06-1976

..... . . ." the statute confers express power on the commission "to regulate all rates, fares, fees, charges, services, rules, conditions of service, and all other matters pertaining to the formation, operation, or direction of such public utilities." respondent advises us that the heart of the commission's function is to regulate the " furnishing . . . [of] electricity for the ..... that agency is "vested with power and jurisdiction to regulate all rates, fares, fees, charges, services, rules, conditions of service and all other matters pertaining to the formation, operation or direction of such public utilities. it is further granted the power and jurisdiction to hear and pass upon all matters pertaining to or necessary or incident to ..... categories of state law which may permissibly impose restraints on competition. for example, in 1937, congress passed the miller-tydings act, which attached a proviso to 1 of the sherman act permitting resale price maintenance contracts where such contracts were permitted by applicable state law. this proviso was interpreted in schwegmann bros. v. calvert distillers corp., 341 u. ..... power . . . to regulate commerce with foreign nations, and among the several states, and with the indian tribes. . . ." [ footnote 15 ] the court also asked the parties to consider whether the agricultural adjustment act, as amended, or any other act of congress, invalidated the california program. the supplemental briefs noted that the california program had been adopted with .....

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Apr 28 1976 (SC)

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Decided on : Apr-28-1976

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

..... to deal effectively with the emergency, the grounds, information and materials would in most cases be confidential and if a claim of privilege were made under section 123 of the indian evidence act, it would almost invariably be held justified. the legislature, therefore, taking into account the privileged character of the grounds, information and materials in the generality of cases, enacted sub ..... of time to raise an apprehension that the past conduct of the detenu is likely to project itself into the future or that the grounds are too vague for the formation even of subjective satisfaction or that irrelevant and extraneous considerations have materially influenced the mind of the detaining authority. on some few occasions detention orders have also been set aside ..... to meet imminent occurrence of war, all of which may create a crisis situation of the gravest order. the necessity of concentration of greater powers in the government and of contraction of the normal political and social liberties cannot be disputed in such a case, particularly when the people are faced with a grim horror of national enslavement. the second crisis ..... enforce all and every right to personal liberty. in that view, it would also make no difference whether the right to personal liberty arises from a statute or from a contract or from a constitutional provision contained in some part other than part iii.483. as regards the illustrations, it is neither proper nor possible to take each one of them .....

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Jun 25 1976 (FN)

Runyon Vs. Mccrary

Court : US Supreme Court

Decided on : Jun-25-1976

..... to contractual obligations running to whites. [ footnote 3/4 ] the statute, by its terms, does not require any private individual or institution to enter into a contract or perform any other act under any circumstances, and it consequently fails to supply a cause of action by respondent students against page 427 u. s. 195 petitioner schools based on the ..... for material aid from the state." (emphasis added.) they argue that this statement supports their contention that 1981 does not proscribe private racial discrimination that interferes with the formation of contracts for educational services. but norwood involved no issue concerning the applicability of 1981 to such discrimination. the question there was rather whether a state statute providing free textbooks to ..... motivated contractual decisions -- particularly coupled with the court's decision in mcdonald, supra, that whites have a cause of action against others including blacks for racially motivated refusals to contract -- threatens to embark the judiciary on a treacherous course. whether such conduct should be condoned or not, whites and blacks will undoubtedly choose to form a variety of ..... 1 of the civil rights act of 1866. [ footnote 3/7 ] s. 365 provided in pertinent part: be it enacted, &c.;, that all persons within the jurisdiction of the united states, indians not taxed excepted, shall have the same right in every state and territory in the united states to make and enforce contracts, to sue, be parties, give evidence, .....

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Jun 18 1976 (HC)

Smt. Bani Roy Chowdhury Vs. Competent Authority, Inspecting Assistant ...

Court : Kolkata

Decided on : Jun-18-1976

Reported in : [1978]112ITR111(Cal)

..... moneys or other assets which have not been or which ought to be disclosed by the transferee for the purposes of the indian income-tax act, 1922, or this act or the wealth-tax act, 1957. in fact, this is the presumption raised by section 269c(2)(a) and (b). i, therefore, hereby ..... w.p.) situated at block ' b', new alipur (and more fully described in the schedule annexed hereto), has been transferred as per deed registered under the indian registration act, 1908 (16 of 1908), in the office of the registering officer at dist. registrar, 24-parganas, alipur, on 12-12-72 for an apparent consideration ..... other assets which have not been or which ought to be disclosed by the transferee for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act or the wealth-tax act, 1957 (27 of 1957), the competent authority may, subject to the provisions of this chapter, initiate proceedings for ..... with or relevant bearing on the formation of the belief. rational connection postulates that there must be ..... b) and section 148 of the income-tax act, 1961, which is similar in terms as that of section 34(1)(a) and (b) of the indian income-tax act, 1922, at page 448, made the following observation :' as stated earlier, the reasons for the formation of the belief must have a rational connection .....

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Feb 16 1976 (SC)

Dhanyalakshmi Rice Mills and ors. Vs. the Commissioner of Civil Suppli ...

Court : Supreme Court of India

Decided on : Feb-16-1976

Reported in : AIR1976SC2243; (1976)4SCC723; [1976]3SCR387; 1976(8)LC266(SC)

..... of the scheme for export of rice.25. the respondents also contend that the appellants have no right to claim refund under section 72 of the indian contract act because the payments were neither under mistake of law nor under coercion. it is said by the respondents that there is no coercion because the export ..... arose as to whether there was a mistake in paying the amounts and when exactly the mistake occurred and under what circumstances.31. section 72 the contract act states that a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. the mistake ..... him equitable considerations are not imported. a contract entered into under a mistake of law of both parties falls under section 21 of the contract act and not section 72. if a mistake of law had led to the formation of a contract, section 21 enacts that, that contract is not for that reason voidable. if ..... under mistake of law; it was due under a valid contract, and if it had not been ..... money is paid under that contract, it cannot be said that the money was paid .....

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