Court : Andhra Pradesh
Decided on : Aug-24-1983
Reported in : AIR1984AP110
..... that where on an application made under section 34 of the indian arbitration act for stay of a suit, an issue is raised as to the formation, existence or validity of the contract containing the an for stay of a suit, an issue is raised as to the formation, existence or validity of the contract containing the arbitration clause, the court is not bound to refuse ..... was vacated and stay of the trial of the suit was ordered. hence, the aforesaid two c. m. as.3. a brief format of the case may be drawn: visakhapatnam steel project (v. s. p.), entered into a contract with the respondent-company, a government of india undertaking, with the 100% share-capital, for levelling up the entire land within the area ..... ). it, therefore, seems to be that the court does have jurisdiction to discharge an order so stay made by it earlier under section 34 of the arbitration act.'17. in hudson's building and engineering contracts' in chapter 10 under the sub-heading 'whether time of the essence' (10th edn. p.611) it is observed:'it will be seen that the obligation ..... incidentally a decision as to the validity or existence of the parent contract.'also held (para 11) :'we are in entire agreement with the view enunciated above. as we have said already it is incumbent upon the court when invited to stay a suit under section 34 of the indian arbitration act to decide first of all whether there is a binding agreement .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-18-1983
Reported in : (1984)38CTR(AP)17; 145ITR759(AP)
..... illegal (3) whether there is any violation of rule 19(2) of the rules making the partnership illegal. (4) whether s. 23 of the indian contract act invalidated the partnership. the question of public policy has also been adverted to by the learned counsel for the department and we shall deal with that question ..... the madras high court in a full bench decision in velu padayachi's case, : air1950mad444 , had taken the view that under the madras abkari act the formation of a partnership by a licensee partner amounted to a transfer of the licence. it is also contended that the said view was followed by this ..... 60. a reading of the above judgment of the supreme court would clearly show that in that case there was a specific prohibition against the formation of a partnership by the licensee-partner. it is also important to note that even with the permission of the competent authority a licence in ..... authorised to cancel or suspend a licence for breach of conditions of the licence. the above provisions would show that there was no positive prohibition against formation of a partnership in clause 13 of the licence in fl. ii. however, in r. 322 of the excise manual there was not only a ..... rules which states that no licensee can include or exclude any partner except with the previous permission of the licensing authority. he observed that the formation of a partnership was no doubt allowed under the rules for doing the aforesaid business but that it was necessary for the partners to disclose their .....Tag this Judgment!
Court : Chennai
Decided on : Jan-18-1983
Reported in : (1983)IILLJ277Mad
..... terms and conditions contained in g.o.ms. no. 731, industries, dated 21.5.1974 is void and unenforceable as per section 20 of the indian contract act, 1872 because it has been passed by a mistake and is not based on free consent, as per section 14(5) of the said ..... said to be under a mistake when they passed the earlier order of the year 1974. therefore, this case will squarely come under s. 22 of the contract act as the government order of the year 1974 is claimed to have been passed by the government under a mistake as to a matter of fact. it is ..... pleader that the earlier g.o. of the year 1974 is void as it is not based on free consent as per section 14(5) of the contract act, it is seen that the mistake pleaded is unilateral and not mutual. i do not see how it could be said that there is no free consent ..... the technique of modern manufacturing in various sectors during the 2nd, 3rd and 5th plan periods. in or about february, 1960, the government of india recommended the formation of an autonomous corporation for the management of industrial estates and for taking up of programme of commercial nature like production scheme, establishment of marketing, raw material depot ..... not be available as a cause of action, if necessary to satisfy the equity. according to the supreme court, promissory estoppel is neither in the realm of contract nor in the realm of estoppel and the true principle of promissory estoppel seems to be that where one party has by his words or conduct made to .....Tag this Judgment!
Court : Delhi
Decided on : Jul-08-1983
Reported in : 1983(5)DRJ310
..... step. it is apparent from what i have said that the period of employment can be altered by mutual consent. this process is tentamount to formation of a new contract, at least, as regards that term. thereforee, the theory of 'offer' and 'acceptance' comes into play. in accordance with the general principles of ..... servant; and, if so. till what stage.(15) let me start from first principles. a contract of employment is like any other contract in that it requires the consent of both parties. likewise after the formation of the contract, neither party can alter any of its terms without the consent of the other. this holds equally ..... may be framed and altered unilaterally by , government. in other words, the legal position of a government servant is more one of status than of contract. the hall-mark of status is the attachment to a legal relationship of rights and duties imposed by the public law and not by mere agreement of ..... afterwards. (17) an excellent authority for this proposition is raj kumar v. union of india air 196) s.c. 180. there, an officer of the indian administrative service tendered his resignation, and then sought to withdraw it after it had been accepted it was held that he could not do so. the supreme court ..... may be revoked at any time before the communication of its acceptance is complete as against' the offeror : see section 5 of the contract act 1872. apply this to the case of an employee who offers to resign before his period of employment expires. he can revoke or withdraw .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-16-1983
Reported in : AIR1984SC753; (1984)1CompLJ150(SC); 1983(2)SCALE1101; (1984)2SCC16; 2SCR267; 55STC327(SC); 1984(16)LC818(SC)
..... which appellant is a division was established on 1st october, 1964. the objective of formation of the h.a.l. was to carry on in india and elsewhere, the business, inter alia, in aeroplanes including manufacture, assembling, buying and selling ..... set out the letter :secret annexure 'a' extract of no. 11(228)/69/1/dp/contracts government of india, ministry of defence, department of defence production, new delhi. the 22nd september, 1970. the chairman, hindustan aeronautics ltd., indian express building, vidhana veedhi, bangalore-1 sub : -manufacture of mig-21 m aircraft and ..... operation of the said agreement according to the terms thereof. 5. there was another letter regarding the determination of premium under emergency risks (goods) insurance act, 1962. the said letter on behalf of the government of india stated, inter alia, as follows :that the materials imported by h.a.l. ..... 1,37,72,652.00 for the year 1976-77. the appellant is a dealer registered under section 7(1) of the central sales tax act, 1956 under koraput i circle in the state of orissa.2. m/s. hindustan aeronautics limited (hereinafter referred to as 'h.a.l.') of ..... from the order dated 31st december, 1981 passed by the sales tax tribunal, orissa. the appellant who was the assessee under the central sales tax act, 1956 went up in appeal against the confirming orders of assistant commissioner in respect of the assessment years 1974-75, 1975-76 and 1976-77. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-08-1983
..... and binding' determination of a grievance through the method established by the collective bargaining agreement unquestionably implicates" "those consensual processes that federal labor law is chiefly designed to promote -- the formation of the . . . agreement and the private settlement of disputes under it." " hoosier, 383 u.s. at 383 u. s. 702 . accordingly, '[t]he need for uniformity ..... is of less importance when the page 462 u. s. 163 case does not involve "those consensual processes that federal labor law is chiefly designed to promote -- the formation of the collective agreement and the private settlement of disputes under it," 383 u.s. at 383 u. s. 702 . we also relied heavily on the obvious and ..... statute of limitations for actions to vacate arbitration awards. [ footnote 4 ] the district court disagreed, holding that the applicable statute was the 3-year state statute for actions on contracts. [ footnote 5 ] 510 f.supp. 716 (1981). on reconsideration following our decision in mitchell, however, the court granted summary judgment for respondents, concluding that mitchell compelled application ..... to confer upon unions . . . unlimited discretion to deprive injured employees of all remedies for breach of contract." id. at 386 u. s. 186 . but nothing in the language, structure, or legislative history of the national labor relations act compels the further conclusion that congress intended the federal judiciary to abandon the traditional practice of borrowing state statutes of .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-03-1983
Reported in : AIR1984Guj98
..... e. (civil), a. m 1. e., retired deputy chief engineer western railway, the sole arbitrator as per the provisions of section 9 of the indian arbitration act. 1910, the respondent demanded from the applicants to concur in the same appointment of shri s. a. desai as the sole arbitrator. the applicants duly received ..... alleged that the applicants failed to) give the detailed programme of the work as per the provision of clause 2 of the b-2 formats well as the applicants failed to supply the materials to the respondent in time. it was also alleged that the drawings and detailed drawings ..... sc 479 (supra) and tested by the reasoning indicated therein, in my opinion the provision contains an arbitration clause. the relevant clause in the contract under consideration contemplates ofparties, disputes and finally of these are the essential ingredients to ~bring in the provision of arbitration, and inclined to agree with ..... . what is required to, be ascertained is whether the have agreed that if disputes arise between them in respect of the subject matter of contract such dispute shall be referred to arbitration then such an arrangement would spell out an arbitration agreement.'12. mr. hathi -submitted that in the ..... the execution or failure to execute the same, whether arising during the progress of the work, or after the completion or abandonment of the contract by the contractor shall also be final, conclusive and binding on the contractor.'on the basis of the above-quoted c. 22, the defendant .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-24-1983
Reported in : 1983(2)BomCR548
..... to mrs. chellamma. he is, therefore, entitled to recover the amount paid by him to mrs. chellamma from the 1st respondent society under the provision of section 69 of the contract act.14. in the course of his argument mr. vaidya submitted that the co-operative court, in these circumstances, would not have any jurisdiction to entertain the dispute. this point has ..... of sums taken by him, from persons intending to take or who have taken flats, as advance or deposits, including any sums so taken towards the share capital for the formation of a co-operative society or a company, or towards the outgoings (including ground rent if any, municipal or other local taxes, taxes on income, water charges, electricity charges, revenue ..... price, enter into a written 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 respect of such matters as may ..... to be issued against them asking them to show cause why they should not be prosecuted for fabricating false evidence under sections 193, 465, 467, 468 and 471 of the indian penal code. a similar notice was also directed to be given to all other persons who had signed the minutes of the meeting of the 1st respondent co-operative society .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-26-1983
Reported in : 60CompCas568(AP)
..... ) of section 20 and of section 21 of the english act, and of section 253(1) of the indian act, but the matter has been re-arranged. an important difference is the introduction of the goodwill of the business, which is now specifically included among the property of the firm. it will, subject to contract between the partners, be included automatically in all accounts ..... courts on the construction of section 14 have no application as the transaction in question is governed by section 253 of the indian contract act of 1872. it is true that the partnership in question is governed by the provisions of the indian contract act of 1872 that embodied the rules of partnership in sections 239 to 266. the section corresponding to section 14 of the ..... some other person.' 26. again lord blackburn, at page 1269, observes : 'they must make a reasonable use of the powers which they accept from the legislature with regard to the formation of the corporation, and that requires them to pay some regard to its interests. and consequently they do stand with regard to that corporation when formed, in what is commonly ..... certificate of incorporation and hence it is not permissible for the appellants to contend that the partnership was illegal either on the date of its formation or 1904 or subsequently by the provisions of the 1913 act as the offending clauses (3) to (5) of the said section came into force on january 15, 1936, as per the notification dated november 28 .....Tag this Judgment!
Court : Chennai
Decided on : Oct-19-1983
Reported in : 153ITR98(Mad)
..... an extraneous authority, but that does not clearly draw attention to any error or mistake to constitute 'information' within the meaning of section 34(1)(b) of the indian income-tax act, 1922. in kalyanji mavji & co. v. cit : 102itr287(sc) , the supreme court construed the expression 'information' and it was held that the ..... there is nothing at all to show that any material came to the notice of the officer subsequently. there cannot be any basis, therefore, for the formation of a belief by the ito that there has been an escarpment of chargeable profits on non-existing materials. equally, the other noting under the initials of ..... information on which the ito can set under s. 34(1)(b) of the indian i.t. act, 1922, may come in and flow from an external source and it may be found from materials already available on record and it may be derived ..... refer to salem provident fund society ltd. v. cit : 42itr547(mad) . the expression 'information' occurring in s. 34(1)(b) of the indian i.t. act, 1922, came to be construed and contrasted with the provision under s. 35 dealing with the rectification of mistakes rajagopalan j. stated that a mistake in the ..... information in this case is not a matter of law. merely proceeding to reopen an assessment on no material not leading to the formation of a belief relating to the escarpment of chargeable profits, as in this case, is not at all contemplated under s. 8(b) of the .....Tag this Judgment!