Court : Andhra Pradesh
Decided on : Dec-28-1984
Reported in : AIR1986AP84
..... of income-tax v. banarasi das & company .32. all these decisions unanimously declared that the partnership agreement is hit by s. 23 of the contract act if the business is run with the licence granted in favour of a named partner either before or after he enteres into a partnership with other ..... other partner, sells without a license. if a partnership is lawful at its inception because it is not intended to infringe any provision of the contract act, it nevertheless becomes unlawful when it intends to conduct the business jointly on a licence granted to one only of the partners.'18. the above ..... of the madras high court in velu padayachi v. sivasooriam : air1950mad444 (supra) held that the partnership agreement is hit by s. 23 of the contract act.17. in that case, a licence to vend arrack was issued to the defendant. he entered into a partnership agreement with some others for the ..... opposed to public policy and also it is violative of the licensing conditions and the partnership agreements is, therefore, hit by sec. 23 of the contract act and the suit is thus not maintainable under law. the second defendant also contends that as the disputes are referred to arbitrators, civil court has ..... of the licence is only to advance public policy, the formation of partnership for carrying on business with such a licence would become illegal, inasmuch as it is opposed to public policy and is, therefore, hit by s. 23 of the contract act.33. sri c. poornaiah, the learned counsel for the appellant .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-23-1984
..... which provides that arbitration agreements are subject to revocation on such grounds as exist at law or in equity for the revocation of any contract. the act, however, does not define what grounds for revocation may be permissible, and hence it would appear that the judiciary must fashion the ..... that congress sought only to create a procedural remedy in the federal courts, there can be no explanation for the express limitation in the arbitration act to contracts "involving commerce." 9 u.s.c. 2. for example, when congress has authorized this court to prescribe the rules of procedure in the ..... trust co. v. united states, 318 u. s. 363 (1943). indeed, the lower courts generally look to state law regarding questions of formation of the arbitration agreement under 2, see, e.g., comprehensive merchandising catalogs, page 465 u. s. 20 inc. v. madison sales corp., 521 f.2d ..... footnote 3 ] nor does the record show that the california supreme court passed upon the question whether superimposing class action procedures on a contract arbitration was contrary to the federal act. [ footnote 4 ] since it does not affirmatively appear that the validity of the state statute was "drawn in question" on federal ..... welfare of their citizens. cf. wallis v. pan american petroleum corp., 384 u. s. 63 , 384 u. s. 69 (1966); see generally wilson v. omaha indian tribe, 442 u. s. 653 , 442 u. s. 671 -672 (1979); united states v. kimbell foods, inc., 440 u. s. 715 (1979); clearfield .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Hyderabad
Decided on : Jul-23-1984
Reported in : (1985)11ITD27(Hyd.)
..... and with an intention not to violate the same. it further held that such partnership agreement does not violate any public policy and does not offend section 23 of the indian contract act. it further summarises the legal position that rule 19(1) directs that a licensee shall not transfer the licence to any other person. however, when a licensee enters into ..... registration in the present case. the contention of the learned departmental representative was that the firm violated rules 38 and 39 of the andhra pradesh foreign liquor and indian liquor rules, which prohibit formation of partnership without permission of the concerned excise authorities. sections 38 and 39 run as under: 38. (1) no licensee shall, except with the prior permission of ..... venkataramana's (supra) observed that: 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 the name of one partner ..... appeals) ought to have held that the firm violated the rules framed under the andhra pradesh excise act, 1968. in particular, the commissioner (appeals) should have held that the firm violated rules 38 and 39 of the foreign liquor and indian liquor rules, which prohibit formation of partnership without the permission of the concerned excise authorities. it was also submitted that the commissioner .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-06-1984
Reported in : AIR1984SC1072; (1984)2CompLJ1(SC); 1984(1)SCALE411; (1984)2SCC680; 3SCR118
..... was over rs. 24 crores, and which was being undertaken by an indian contractor for the first time negotiations prior to the finalisation of the contract and the correspondence leading to the formation of contract supply the basis on which contract was finally entered into. undoubtedly, if in the final written contract, there is something contrary to the basic understanding during the formative stage of ..... courts, then the courts will not interfere, though even there, there is authority for the view that the courts will interfere if it is apparent that the arbitrator has acted illegally in reaching his decision, that is to say, if he has decided on inadmissible evidence or on principles of construction that the law does not contenance or something of ..... evidence the family settlement and the partnership arrangement of 1916, neither of which, though each related (it was said) to immoveable property, had been registered as required by the indian registration act, and (b) the arbitrator ought to have held that anardeyi's suit was in any event barred by limitation. the privy council first noticed the issues settled by panckridge. ..... on august 1,1977 affixed additional stamp of rs. 14,722.50. p. which would be the requisite stamp under article 12 read with article 14 of the kerala stamp act. the learned subordinate judge accordingly negatived the contention of the respondent that the award was insufficiently stamped. on the second point, the learned judge held that the respondent having .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-21-1984
Reported in : AIR1984SC127; [1984(48)FLR448]; 1984LabIC691; (1984)ILLJ368SC; 1984(1)SCALE539; (1984)3SCC127; 3SCR252; 1984(16)LC500(SC)
..... under any scheme is not acceptable to any officer or other employee, the acquiring company may terminate his employment by giving him compensation equivalent to three months remuneration unless the contract of service with such employee provides for a shorter notice of termination.explanation.-the compensation payable to an officer or other employee under this sub-section shall be in addition ..... under articles 14, 19(1)(g) and 31 of the constitution of india. 3. prior to 1972, there were 106 general insurance companies indian and foreign. conditions of service of these employees were governed by the respective contracts of service between the companies and the employees. on 13th may, 1971, the government of india assumed management of the general insurance companies under ..... to, and shall not affect, any pension, gratuity, provident fund of other benefit to which the employee may be entitled under his contract of service.(5) notwithstanding anything contained in the industrial disputes act, 1947 or in any other law for the time being in force, the transfer of the services of any officer or other employee of an ..... 1980, which is unconnected with or unrelated to the merger of one indian insurance company with another insurance company or the formation of a new company by the amalgamation of two or more indian insurance companies. in order to find that out, it is necessary to read the provisions of this act as a whole. primarily, if the words are intelligible and can be .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-16-1984
Reported in : AIR1985SC1156; (1984)3CompLJ110(SC); 1984(2)SCALE321; (1984)4SCC679; 1SCR432
..... 53 c.w.n. 505 that where on an application made under section 34 of the arbitration act 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 a stay but may in its ..... of the company's obligation to pay the declared dividend and this court held that it did in view of section 205(5) of the indian companies act. 1956 and article 132 of the articles of association of the company as both the said provisions entitled the company to pay the dividend ..... that nature as is the case here. on the other hand counsel for g.e.c. contended that the schemes of the foreign awards act and the indian arbitration act 1940 are not identical, that there are various material differences which have a bearing on the issue whether a suit seeking determination of the ..... to delay the arbitration and to alleviate dilatory tactics by obstructing respondents is borne out in regard to the general law of arbitration both english and indian by several decisions. the position under english law has been summarised in russel on arbitration at pages 91-92 where a fuller statement of law ..... umpire may not decide these questions even provisionally or tentatively, in other words, there is nothing in the general law of arbitration either english or indian which prevents the arbitrators or an umpire from deciding questions of their own jurisdiction provisionally or tentatively and to proceed to make their awards on that .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-13-1984
Reported in : 1985(1)BomCR609
..... counterpart would be to allow the parties to agitate all the relevant features on facts including the involvement of the accused and the nature of acts and the formation of the alleged offences being complete or remaining at the lower level not amounting to an offence as also in law including the question of ..... offence of cheating can be made out atleast to the extent of attempt. according to the system or practice the highest bidder normally would get the contract. it is also in consistency that for same reasons some of the tenderers may abandon their claims. roshanali at the initial stage was not really in ..... combination exists and is unlawful, because it is the combination itself which is mischievous, it is also clear that under section 10 of the indian evidence act in any act of conspiracy each conspirator is regarded as an agent of the other and is liable for what is done or said by other conspirator. it ..... out a case of offence criminal conspiracy, forgery etc. while attempt atleast in respects of prospective charge under section 420 read with section 511 of the indian penal code is well made out. it, however, should be observed to ward off any confusion that as per the prosecution some of the offences are ..... criminal case no. 1753/p of 1982 for offences under sections 120-b, 417, 511, 462, 468 and 471 read with section 34 of the indian penal code.7. copies of all the relevant documents under section 173 of the code of criminal procedure were furnished to the defence and the matter .....Tag this Judgment!
Court : Kerala
Decided on : Jun-29-1984
Reported in : AIR1985Ker111
..... purpose of their business in this state. the petitioners therefore contend that they suffer huge loss when they are not able to honour their contracts entered into with several manufacturers and distributors to import indian made foreign liquor in this state in spite of the huge investment and heavy securitydeposits already made. they therefore challenge the abkari policy of ..... the government'. no liquor can be imported or exported unless the permission of the government or any officer authorised by the government is obtained. if. therefore, under the act, the government can withhold permission to import, or to establish private or public warehouse distillery etc. the rules in furtherance of this legislative intent can prescribe that the ..... equitable distribution and availability of fair prices of any article or class of articles relatable to any scheduled industry, may, notwithstanding anything contained in any other provisions of this act, by notified order, provide for regulating the supply and distribution thereof and trade and commerce therein.'28. thus the contention proceeds that the alcohol is a controlled industry, ..... v. bhaskaran nambiar, j.1. the formation of a public sector corporation exclusively licensed for possession and supply of foreign liquor in wholesale, in the entire state of kerala is the main subject of challenge in these writ petitions.2. regulated and restrained by the kerala abkari act and the rules, cochin wines and allapat brothers, two partnership concerns .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-03-1984
Reported in : (1985)44CTR(Raj)266; 153ITR226(Raj)
..... breach of the restriction imposed upon them, vide clause 3 of the licence. he was, therefore, of the opinion that the partnership violated the provisions of section 23 of the indian contract act. he relied on cit v. krishna, reddy & co. : 46itr784(ap) cit v. benarsidas & co. and jer & co. v. cit : 60itr335(all) rejected the application and did not register ..... cit v. manick chandra dey : 106itr860(cal) in which it was held that the provisions of the control order did not prohibit entering into a partnership or make the formation of a partnership illegal. on the contrary, the provisions seemed to suggest that on reconstitution of the firm, the new firm was entftled to apply for fresh licence. therefore, the ..... ) and md. warasat hussain v. cit : 82itr718(patna) wherein it has been held that in a case where a licensee entered into a partnership with a non-licensee, mere formation of a partnership does not amount to transfer of licence. the decision of the allahabad high court in jer & co. v. cit : 60itr335(all) has been overruled by the ..... by both the parties, as discussed above, we are of the view that, in the facts and circumstances of the case, the tribunal was not right in holding that the formation of the firm was not valid and the object of the agreement was of such a nature that it would defeat the provisions of law, viz., the rajasthan excise .....Tag this Judgment!
Court : Delhi
Decided on : Sep-24-1984
Reported in : 65STC372(Delhi)
..... however, as noticed above, it is conceded by mr. chawla that by virtue of section 133 of the contract act, the petitioner's liability as a surety ceased as to the transaction subsequent to the formation of the new partnership. as such, in need not go into the question raised by mr. joshi on ..... joshi's next contention is that the sales tax authorities were duly informed of the dissolution of the old partnership on 6th june, 1968, and formation of the new partnership on 8th june, 1968. the authorities having not objected to the transfer of the business but in fact allowing the new partnership ..... to rs. 5,000 in terms of the surety bond.' 7. the submission of mr. joshi, learned counsel for the petitioner, was that on formation of the subsequent partnership firm vide deed executed on 8th june, 1968, the liability of the earlier partnership was taken over by the new partnership and ..... the construction of section 133 of the contract act. thus, the petitioner cannot be asked to discharge the liability of the ..... /s. ruby electronics corporation under the old registration certificate. the petitioner does not allege that any information as required under section 16 of the act was furnished by the dealer to the sales tax authorities regarding selling or otherwise disposing of the business or any other change in the ownership of .....Tag this Judgment!