Court : Kolkata
Decided on : Feb-03-1982
Reported in : AIR1982Cal440
..... the agreement and (2) that even if the licence in question with which the judicial committee was involved was void under section 20 of the indian contract act, section 56 thereof was also applicable and therefore on that finding on the fact of the arbitrators with which the members of the judicial committee ..... it was held that where an application was made under section 34 of the indian arbitration act for stay of a suit and an issue was sought to be raised as to the formation, existence or validity of the contract containing the arbitration clause, the court was not bound to refuse the stay but ..... to the learned judge, to also consider the case as pleaded and find out whether the issues as to formation of the contract had been raised bona fide or merely to avoid the contract. in the facts and circumstances of the case the learned judge examined the application and refused to grant stay. ..... the parties aforesaid hereunder or any other matter arising out of the agreement shall be referred to arbitration in accordance with and subject to the indian arbitration act, 1940 and the venue of the arbitration shall be in madras or at calcutta and not elsewhere. 2. whereas the dispute have arisen ..... hereunder or any matter arising out of this agreement, shall be referred to arbitration in accordance with and subject to the provision of the indian arbitration act, 1940 or any statutory modification or re-enactment thereto for the time being in force and the venue of arbitration shall be madras or .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-11-1982
Reported in : (1983)34CTR(AP)104; 143ITR661(AP)
..... provided an artificial definition of speculative transaction and that in construing the same the concepts obtaining under the indian contract act and the sale of goods act are not relevant. it was further observed that even where the contract is highly speculative and amounts to a wagering contract, it will not be a speculative transaction within the meaning of s. 43(5), if it is settled ..... well as by the aac. on further appeal, however, the tribunal took the view, that since the contract was settled otherwise than by delivery of goods, it was a speculative transaction within the meaning of expln. 2. s. 24(1) of the indian i.t. act, 1922 and, therefore, must be set off against the unabsorbed speculative losses brought forward from the previous ..... v. pioneer trading co. p. ltd. : 70itr347(cal) . that was case where the assessee, a private limited company, entered into a contract dated july 6, 1953, with a japanese part to supply 52,000 long tons of indian iron ore, to be delivered in three consignments of 24,000, 8,000 and 20,000 tons. the agreed basis of payment was ..... years. when the matter came up before the calcutta high court, it was contended for the department that what was settled in that case was not the contract, but a claim for damages arising format breach of a contract and that such .....Tag this Judgment!
Court : Chennai
Decided on : Oct-13-1982
Reported in : 156ITR776(Mad)
..... the ownership of every one of those properties. what was property of an individual a moment before the formation of the partnership becomes, by virtue of the terms of the partnership contract, the property of the partnership firm as such. section 14 of the partnership act speaks of property originally 'brought' into the stock of the firm by partners as forming part of ..... provisions apparently led the privy council to observe in bhagwanji morarji goculdas v. alembic chemical works. , as follows (p. 101) : 'before the board it was argued that under the indian partnership act, 1932, a firm is recognised as an entity apart from the persons constituting it and that the entity continues so long as the firm exists and continues to carry on ..... overworked. even in england, the home of the pure theory of partnership, a firm is not completely regarded to be a legal person. those who were responsible for bringing the indian partnership act into the statute book, however, would seem to have steered a middle course, giving to a partnership firm a limited personality. indeed, a report of the special committee which ..... been forced to depart from the strict legal view of the firm considering that it contains appropriate provisions of changes in the constitution and the like. the framers of the indian partnership act, therefore, have accepted, in principle, the position that the firm must have some degree of personality, of continuity in its existence, in spite of internal changes. this explains the .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-29-1982
Reported in : 1983(2)BomCR267; 1982MhLJ607
..... agreement for sale with each of such persons who are to take or have taken such flats, and the agreement shall be registered under the indian registration act, 1908 and such agreement shall contain the prescribed particulars; and to such agreement there shall be attached, such documents or copies thereof, in ..... with the promoter; and where a co-operative society or a company of persons taking the flats is to be constituted, co-operate in the formation of such society or company, as the case may be.(2) any person who has executed an agreement to take a flat and who, without ..... be registered. the prescribed percentage is provided by the statute itself, and this agreement involves statutory compulsion to provide certain terms. therefore, the ordinary contract of sale cannot be equated with this sort of agreement.15. the wording of section 11 compelling the promoter to take steps is emphasized by the ..... a mandatory obligation cast on the respective parties. the transfer of title contemplated by section 11 is not an individual transfer based on an ordinary contract giving rise to individual rights and liabilities. the transfer is to be made in favour of the co-operative society or an association or a ..... in regard to enforcement of these obligations, in my opinion, the suit cannot be said to be an ordinary suit for specific performance of a contract of sale. the relief which the plaintiff is now claiming for enforcement of these obligations, is not susceptible of monetary valuation and it is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-22-1982
Reported in : AIR1982AP214
..... premise it was argued that the aforementioned s.6 of the forward contracts(regulation) act, 1952, interfering with internal arrangement in the matter of selecting the personnel to manage it, the framing of the bye-laws and regulations ..... the pronouncements of the supreme court, it would appear that what all art. 19(1)(c) guarantees to an indian citizen is a right to associate himself with others. after its formation its governance is not guaranteed by the constitution in express terms. in other words what all art. 19(1)(c ..... etc. in other words, the freedom guaranteed under art. 19(1)(c) of the constitution should be read as extending not merely to the formation of the association as such, but to the effective functioning of the association so as to enable it to achieve its lawful objectives. on that ..... association on the grounds of sovereignty and integrity of india or public order or morality. on those grounds the state would be competent even to prevent formation of associations. it, therefore, appears to me does not extend beyond the exercise of individual right to form an association. to put it in other ..... association dependent upon the law, makes the right under art. 19(1)(c) itself illusory. but the judgment of the supreme court reported in all indian bank employees' association v. national industrial tribunal, : (1961)iillj385sc holds that art 19 grants rights to the citizen as such, and association cannot lay .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-14-1982
Reported in : 1982WLN695
..... in fact what the petitioner is seeking to achieve by way of this writ petition is in fact enforcement of quasicontractual right under section 72 of the indian contract act, 1872, for recovery of the money which, according to the petitioner, was paid to the respondent under mistake of law. it is well settled ..... customs duty. for recovering customs duty the landing charges have always been included in the value of the goods admittedly from the date of the formation of the port company and in the business world at least for the last 40 years. reference in this connection may be made to notifications ..... making an agreed allowance to their distributors against the price. for each car the allowance was 13 rupees 8 annas. under the second schedule to the indian tariff act (8 of 1894), as it stood in 1929, motor cars were chargeable with chargeable with a customs duty calculated at 20 per cent of the ..... need evidence of both the sides and the customs authorities are the best persons to decide it, as these are the persons who deal with such contracts every day. they deal with the government imports, private trade etc. they also know about the different systems involved in importing and exporting cargos into ..... is at par with cif quotation. such an invoice, where the extra charges over and above the freight have to be described separately in cif contract, because the goods are required to be stocked at the place approved by the customs authorities. there is nothing on record to show that the .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-06-1982
Reported in : 54CompCas469(Bom)
..... certified copies of the board resolutions passed by the directors in connection with, inter alia, the acceptance of notices of conversions, entering into of contracts under s. 75 of the companies act, issue of equity shares upon conversion and other related matters. item 3 refered to the execution of the debenture trust deed and the affixing ..... one, be referred to a suit. it would be anomalous if a shareholder, who can maintain a petition under s. 155 of the indian companies act or s. 116 of the english act, is directed to file a suit because the matter is complex, and is then told that he is not entitled to maintain the ..... pc 112, it was held that notice could not in all cases be imputed from the mere fact that a document was to be found upon the indian register of deeds. this was followed by this court in peerka lalka v. babu kashiba mali air 1923 bom 410.197. as i look at it, ..... a company or at any time after the expiry of one year from the allotment of shares in that company made for the first time after its formation, whichever is earlier, it is proposed to increase the subscribed capital of the company by allotment of further shares, then, - (a) such further ..... is thereby prejudiced and aggrieved.90. the right to rectify was recognised at common law and was translated into the statutes, english and indian. (the provisions of s. 116 of the english companies act, 1948, provide to any member of the company the right to apply for a rectification of the company's share register). the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-25-1982
Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; 1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC)
..... same corps. a vertical movement starting from the bottom which is indicated by reference to battalion and regiment in sub-rule (3) of rule 187 clearly indicates that the lowest formation in the battalion or the regiment is corps over and above those specifically designated as corps under rule 187(1). therefore, it clearly transpires that the expression 'corps' in rule ..... the procedure prescribed in rule 22 and 23 is required to be followed in the case of an officer if he so requires.10. rule 28 sets out the general format of charge-sheet and rule 30 prescribes contents of charges. rule 33 enacts detailed provisions ' for preparation for defence by the accused which amongst others confer a right on the ..... been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.8. section 133 provides that the indian evidence act, 1872, shall, subject to the provisions of the act, apply to all proceedings before a court-martial. chapter xii provides for confirmation of the finding and sentence and revision thereof. chapter xiii deals with ..... commander of armed forces [see article 53(2)]. under him is the chief of army staff. the indian army is divided into five commands being northern, central, western, eastern and southern commands. each area command has under it static formation areas, sub-area, etc. and fighting formation army corps: for example, the western command is said to have three army corps. corps in .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-28-1982
Reported in : AIR1984Bom181; (1983)85BOMLR56; ILR1983Bom1222
..... for a period of three years as also the order passed by it on 29-8-1980 under section 18fb of the i.d.r. act suspending all contracts etc. to which the said undertaking all is a party of for a period of one year. the remaining six partners have come on ..... illegal order on judicial review in appropriate proceedings . even where the statute conferring the discretionary power does not, in terms, regulate or hedge around the formation of the opinion by the statutory authority in regard to the existence of preliminary jurisdictional facts with express checks, the authority has to form that opinion ..... to judicial scrutiny at all while it may be conceded that as element of subjectivity is always involved in the formation of such an opinion , but, as was pointed out by this court in baarium chemicals : 1scr898 (ibid) , the existence of the circumstances ..... down as a general proposition that whenever a statute confers a power on an administrative authority and makes the exercise of that power conditional on the formation of an opinion by that authority in regard to the existence of an immediacy, is opinion in regard to that preliminary fact is not open ..... the partnership being at will stood dissolved on the day notice to that effect was given by the petitioners as contemplated by section 43 of the indian partnership act petitioners had no right to continue the business of the firm except so far as it may be necessary to wind up the affairs of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-23-1982
Reported in : 144ITR395(AP)
..... paid by way of bride ought to be deducted as a business expenditure under s. 37. section 23 of the contract act equates an agreement or contract opposed to public policy, with an agreement or contract forbidden by law; and we see no qualitative difference in both. if at all, as observed by us earlier, ..... public policy would cause the assessee irreparable prejudice. counsel, indeed, puts use on notice this question is fraught with gave consequences because, he submitted, formation of such funds by various political and administrative s authorities is the order of the day where citizens are simply forced to make the contributions, counsel submitted ..... house' etc., the primary duty of a court of law is to enforce a promise which the parties have made and to uphold the sanctity of contracts which form the basis of society, but in certain cases, the court may relieve them of their duty on a rule founded on what is called ..... the directorate of a company. each case must, therefore be decided on its own facts.' 21. the same question was considered by the same court earlier in indian iron and steel co. ltd. in re  27 comp cas 361 (cal). it was pointed out (p. 364) : 'to the cynic it ..... v. cit : 125itr96(delhi) , (ii) southern and rajamani transports (p.) ltd. v. cit : 107itr470(mad) , (iii) indian steel and wire products ltd. v. : 69itr379(cal) and (iv) indian iron & steel co. ltd. in re  27 comp case 361 (cal). 6. on the other hands, it is contended by sri y. v .....Tag this Judgment!