Court : Andhra Pradesh
Decided on : Apr-25-1979
Reported in : AIR1980AP181
..... on the partners inter se. likewise, in b. n. dorairaj v. n. g. rajan (supra) a division bench of the madras high court held that under section 23 of the indian contract act an agreement is not unlawful unless it is forbidden by law, or the court regards it as opposed to public policy. the bench referred to 'lindlay on partnership' (13th edition ..... in particular section 3 (3) or section 3 (5) of the hyderabad and a. p. acts respectively, are contravened. the argument is that under section 23 of the indian contract act the lease agreement is void for two reasons: (1) it is forbidden by law as the very format is in contravention of section 3 (3) and (2), it is opposed to public policy. 17 ..... has not been made binding on the government and is void as against the government and not inter se. even under section 23 of the indian contract act although the statute may in terms separately prohibit the act or omission and affix the penalty in a case of disobedience it does not necessarily follow that all transactions to which the penalty attaches are illegal ..... is whether a tenancy created in contravention of the provision s of section 3 of the hyderabad houses (rent eviction and lease) control act (xx of 1954) hereinafter called 'the act' is void and unenforceable under section 23 of the indian contract act as being one that is forbidden by law and opposed to public policy. the bench then held., 'we have already held that .....Tag this Judgment!
Court : Kerala
Decided on : Mar-09-1979
Reported in : (1979)IILLJ1Ker
..... of 1972 does not establish any statutory corporation, it directs only the formation of a government company under the companies act and enacted provisions relating to certain matters of indian companies carrying on general insurance. these indian companies continue to be companies governed, by the companies act to the extent not modified by act 57 of 1972. by virtue of this enactment officers and employees ..... had also been enclosed. this order terminating her service is challenged in this petition.2. it is contended that with the transfer and vesting of shares of indian insurance companies in the central government, the formation of a government company known as the general insurance corporation of india and transfer to the corporation of the shares in the capital of the ..... the case of the petitioner or any other officer or employees to confer a status of public employment on them. their relationship continued to be governed by the terms of contract of employment and general law of master and servant alone applies in the matter. consequently the petitioner cannot claim any notice to show cause against the termination of her ..... companies in the national insurance company ltd. under the scheme framed under section 16 of act 57 of 1972 the terms and conditions of service of the petitioner continued to be governed by the contract of appointment. the remedy for breach, if any, of that contract lies elsewhere and not under article 226 of the constitution. if follows that the petition .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-02-1979
..... . the rule we have discussed above must apply equally where such corporation is dealing with the public, whether by way of giving jobs or entering into contracts or otherwise, and it cannot act arbitrarily and enter into relationship with any person it likes as its sweet will, but its action must be in conformity with some principle which meets the ..... control to the government or to the agents of government on the lives of many people. many individuals and many more business enjoys largess in the form of government contracts. these contracts often reasonable subsidies. it is virtually impossible to lose money on them and many enterprises are set up primarily to do business with government. government owns and controls hundreds ..... central government. under section 19(3) the respondent-company shall be bound by the direction issued by the respondent-corporation. under section 19(4) the power to enter into contract of reinsurance and reinsurance treatise maybe incorporated on, inter alia, the respondent-company subject to the rules made by the central government.36. under section 21. notwithstanding anything contained ..... would appear from the schedule to the said act.33. the most important provision is section 16 which, inter alia, provides for merger of the indian insurance companies. such scheme is to be framed by the central government for the merger in one indian insurance company or any other indian insurance company or for the formation of a new company by the amalgamation of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-07-1979
Reported in : AIR1979AP291
..... to conferring unbridled and uncontrolled power on the board to fix any security deposit which it wanted without any reference to the justifiability of such demand. neither the indian electricity act nor the electricity (supply) act conferred any such uncontrolled power on the board. what the board, according to the learned counsel condemned is only sufficient security. 'sufficient security' need not necessarily ..... collecting money belonging to the consumer and detaining it with itself. to demonstrate the allegation that the andhra pradesh state electricity board wanted the security deposits by way of capital formation or undue enrichment, the learned counsel relies on a letter from the a. p. electricity board dated 28-6-68 to the president, federation of andhra pradesh chambers and ..... of 3% per annum. the rules also provide that the board shall be at liberty to demand enhanced security deposit from consumers at any time during the life of the contract, it is thus manifest that the board is vested with the power to demand sufficient security as a guarantee for payment of bills and it is also empowered to raise ..... 4. the contention of sri srinivasamurty is that the basis for requiring security is contained in sub-paragraph (a) of first proviso to clause vi of the schedule to the indian electricity act which requires only sufficient security, ft is beyond the power of the electricity board to convert that concept of 'sufficient security' into cash deposit of an amount representing three .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-05-1979
Reported in : AIR1980Guj184; (1979)2GLR283
..... to the surrounding circumstances and the stakes involved. in the instant cases the goods were delivered to the petitioner at ahmedabad; all the witnesses who can depose about the formation of the contract and the terms and conditions thereof are residents of ahmedabad; and the stakes involved in both the suits are comparatively small. if in these circumstances, the opponents plaintiffs are ..... an agreement between the parties of selecting one of the two competent courts under the civil procedure code is not contrary to public policy and does not violate section 28 of the contract act w it does not oust the jurisdiction of the civil court. after, considering various decisions which were cited before him. mehta. j. has observed:'.................the settled legal position is ..... parties that the dispute between them shall be tried in one of such courts is not contrary to public policy. such an agreement does not contravene section 28 of the contract act.'this decision, however, does not support the contention of mr. shah that such an agreement between the parties operates as an absolute bar to the jurisdiction of other courts. ..... dispute arose between the parties; and ultimately hakam singh filed a petition in the court ' of sub ordinate judge at varanasi for an order under section 20 of the indian arbitration act, that the agreement be filed and an order of reference be made to an arbitrator or arbitrators appointed by the court to settle the dispute between the parties in respect .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-25-1979
Reported in : (1979)GLR413; (1979)0GLR413; 118ITR134(Guj)
..... in the cases of calcutta discount co. ltd. v. ito : 41itr191(sc) and s. narayanappa v. cit : 63itr219(sc) while dealing with the corresponding provisions of the indian income-tax act, 1922).' 24. the learned advocate for the respondent-transferee urged that in the context of the power of acquisition under s. 269c read with s. 1269d, the competent authority ..... out. this aspect, namely, concealment of income by the husband of the transferee is not at all relevant. when the proceedings are initiated under s. 269c the reasons for the formation of the belief must have relevance to and direct nexus with the material before him. if any irrelevant material or extraneous consideration has weighed with the competent authority, and in ..... acquisition proceedings is a subjective satisfaction of objective facts stated above. as the supreme court has said in lakhmani mewal das's case : 103itr437(sc) , the reasons for the formation of the belief must have a rational and direct connection with the material coming to the notice of the competent authority, though the question of sufficiency or adequacy of material ..... be repelled by the learned advocate for the respondent-transferees by urging that the competent authority lacked the initial jurisdiction to initiate proceedings because there were no reasons for the formation of the belief contemplated by s. 269c(1) since they must have a direct nexus or live link with the material coming to the notice of the competent authority. as .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-27-1979
Reported in : AIR1980SC1; (1979)4SCC642; 1SCR368
..... singhji, (supra) the discrimination was violative of article 14 of the constitution because there was no longer any nexus between the geographical classification made by section 29 of the indian arms act, 1878 and the object of that provision. after the enactment of the constitution, article 13 rendered section 29 unconstitutional.21. there are certain other decisions to which the appellants ..... not discriminatory even though it resulted in differential treatment of persons, objects and transactions in the new state, because it was intended 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 pew unit, the distinctive character of each region, till ..... not discriminatory even though it resulted in differential treatment of persons, objects and transactions in the new state, because it was intended 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 character ,of each region, till ..... that a person belonging to the area of the former state of madhya pradesh was not liable to sales tax on building materials in a works contract, under the c. p. and berar sales tax act because of the decision of this court in pandit banarsi das bhanot v. state of madhya pradesh : 1scr427 but another person living in an .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-12-1979
Reported in : AIR1980SC579; (1980)0GLR439; (1980)2SCC182; 2SCR476; 1980(12)LC202(SC)
..... to supply energy but such difference or dispute shall be determined by arbitration.(3) where any agreement by a licensee, whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply of energy with any establishment referred to in sub-section (1) expires, the licensee shall continue to supply energy to such establishment on the same ..... qualification referred to in sub-section (1). we have to bear in mind that sub-section (3) of section 22-a of the act makes a serious inroad into the rights of the licensee flowing from a contract stipulating a specific period during which it should subsist and compels the licensee to supply energy to an establishment referred to therein on the ..... used or intended to be used for maintaining supplies and services essential to the community and the fact of formation of such opinion is notified in the official gazette. it should satisfy the tests laid down in section 22-a(1) of the act.12. the third reason given by the learned single judge for holding that the establishment referred to in ..... the provision in sub-section (3) making it applicable to agreements made before the commencement of the electricity (amendment) act, 1959 by which section 22-a was introduced becomes meaningless because the formation of the two opinions of the state government that an establishment is being used or intended to be used for maintaining supplies and services essential to the community and .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jun-25-1979
Reported in : AIR1979MP173; 1978MPLJ70
..... morality' in article 19 to sexual morality. we are conscious that the supreme court limited the meaning of the word 'immoral' in section 23 of the contract act to sexual immorality : gherulal parakh v. maha-deodas air 1959 sc 781 at p. 797. the main reason why limited meaning is given to the ..... morality was rejected : (see p. 270). in raghubar dayal's case, the question related to the validity of certain provisions of the forward contracts (regulation) act, 1952 which canalised forward trading in notified goods through recognised associations. section 6 required a recognised association not to amend its rules except with the ..... corporate by the name under which it is registered, having perpetual succession and a common seal, and with power to hold property, enter into contracts, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it was constituted. a society may ..... them within the ambit of morality. a conduct is immoral or against morality only when it is so felt generally by right thinking persons in the indian society. it was, therefore, rightly held in fram nusservanji v. state of bombay, air 1951 bom 210 (fb) (approved on this point in ..... seen that a society is not compelled to apply for registration under the act. formation of a society is a voluntary act on the part of its members and so is the act of making an application for registration under the act. the fundamental right to form an association does not carry with it .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-24-1979
Reported in : 123ITR938(Guj)
..... members of the principal firm.' 15. sikri j. thereafter proceeded to observe that sub-partnership have been recognised in india and registration accorded to them under the indian i.t. act (see cit v. laxmi trading company . it was urged on behalf of the revenue that there was a clear agreement between the assessee, his wife and ..... is a partnership or not is not merely a question of opinion but is a question of substance. even if we consider from the angle of the format of the arrangement. we do not feel any hesitation in saying that in view of the clear provision made in the agreement and the corresponding provision in ..... there is really a common business and whether the business is being carried on by one or more of them, acting for all. in such a case the court has to ascertain the real intention and contract of the parties not merely from the writing itself but from the whole facts of the case.' 20. applying ..... relevant clauses of the agreement and the deed of partnership, whether the first contention advanced on behalf of the revenue is well-founded. a contract of partnership has no concern with the obligation of the partners to others in respect of their shares of profit in the partnership. the ..... contract of partnership regulates the rights and liabilities of partners. a person can be a partner in his capacity as a karta, trustee, representative of .....Tag this Judgment!