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 : Supreme Court of India
Decided on : Dec-10-1982
Reported in : AIR1983SC75; 53CompCas184(SC); (1983)1CompLJ1(SC); (1983)ILLJ45SC; (1983)IIMLJ1(SC); 1982(2)SCALE1144; (1983)1SCC228; 1SCR922
..... of no assistance in deciding the question involved in this appeal, these observations were made in different context. these observations, however, indicate that where the provisions of the indian act and the english act are alike, the decisions of the english courts throw good light and the reasons may be persuasive, it is no doubt true that the decisions of the english courts ..... any charge or encumbrance over any of the assets of the first respondent company in its various enterprises except that the first respondent company is entitled to honour any pending contract entered into by the company with third parties before the presentation of the application, all its existing commitments vis-a-vis its staff and labourers, electric charges, central excise duty ..... be heard in a petition presented to court for the winding-up of the company. it will be noticed on an analysis of the provisions of the act that from the stage of the formation of the company till the very last stage of its dissolution, company jurisprudence does not recognise any right of an employee in his capacity as an employee ..... promoters, directors etc. held for the purpose of enquiring into the conduct of such promotees or directors in connection with the promotion or formation or the conduct of the business of the company. section 517 of the act provides that in a voluntary winding up, an arrangement entered into by the company and the creditors as provided therein is binding on the .....Tag this Judgment!
Court : Gujarat
Decided on : May-07-1982
Reported in : AIR1983Guj86
..... shri amarsinh rathwa, member of parliament. the affidavit of shri rathwa has not been filed. what shri rathwa stated in his letter to tha railway minister is presumably on in-formation supplied by the petitioners or others in their line. the allegations in the letter of shri rathwa cannot carry the case of the petitioner any further, i have, therefore, not ..... produced at annexures b-1 to b-5 in special civil application no. 171 of 1981. could it then be said that the railway administration had acted in an unreasonable manner in extending the contract period so far as the sabarmati transhipment point is concerned? was it not the1 duty of the railway administration to foresee the difficulties that would arise if ..... and communicated by the agent to his financial adviser.'in place of 'agent' we must now read 'general manager' as these powers are now vested in the general manager. the indian railway code for the engi-neering department also refers to tenders in rule 1111. it says that except where for reasons, which should be in the public interest, the general ..... selecting contractors is to call for open tenders. the instructions for dealing with tenders are contained in chapter v of the manual. the preamble to chapter v states that the indian railways spend crores of rupees on the purchase of raw-material and the execution of works. it is, therefore, necessary that all purchases should be economically made to obtain the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-25-1982
Reported in : AIR1983SC46; (1983)85BOMLR21; 1982(2)SCALE948; (1982)3SCC519; 1SCR655; 1982(14)LC905(SC)
..... incidental to the provisions made by parliament under articles 3 and 4 of the constitution. article 3 of the constitution enables parliament to make a law for the formation of a new state. the act is a law under article 3 for the reorganization of the states. article 4 of the constitution provides that the law referred to in article 3 may ..... an agreement or pact called the nagpur pact on september 23, 1953 which formed a basis for joint representation to the states reorganization commission and was the basis for the formation of maharashtra as a new state for the marathi-speaking people of the former state of bombay, the vidarbha region of the former state of madhya pradesh, and the marathwada ..... of the states in 1956, the political map of india continued to change owing to the growing pressure of political considerations and circumstances. the formation of the linguistic state of bombay constituted under section 8 of the act became the source of struggle between the gujarati and marathi-speaking people as a result of which the state of bombay was further bifurcated ..... high courts in india, one thing is clear that whenever a high court was established by letters patent under section 1 of the indian high courts act, 1861 called the charter act, or under section 113 of the government of india act, 1935, the high court was created and established at a particular place mentioned in the letters patent. section 1 of the charter .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-12-1982
Reported in : 59CompCas46(Cal)
..... a disqualifying circumstance when the question of relief under section 210 arises. '123. it may be noted that section 210 of the english act corresponds to section 397 of the indian act.124. reference was also made by mr. mukherjee to the decision of mallick j. in the case in albert david ltd., in ..... the seal of the company was affixed to the debentures. the articles of the company provided that no director should vote in respect of any contract or arrangement in which he might be interested. in the winding up of the company, the liquidator claimed a declaration that the issue of the ..... sold to it for 15,000 in debentures of the company, property which they had, a few days before, acquired for 7,000. the contract for the sale and the issue of the debentures was carried out at a meeting of the five who and there then appointed themselves directors. this ..... no. 5 which was known as the 'shareholders' agreement'.6. the government of india, by its letter dated april 18, 1964, approved of the formation of a company with foreign capital participation on condition that the foreign collaborators would be entitled to only 49% capital participation.7. in pursuance of the ..... reason of the insertion of section 43a of the act, which came into force on and from september 12, 1967. thereafter, as provided in the formation agreement and consequent upon the incorporation of the indian company, a sole selling agency agreement was entered into between the indian company and the partners of petitioner no. 5 .....Tag this Judgment!