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 : Gujarat
Decided on : Jul-17-1984
Reported in : (1984)2GLR1244
..... considerably long period the state co-operative council could not be constituted due to political changes or president's rule and became of the statutory provisions relating to its formation and having regard to the inevitable time leg in obtaining its approval which made the wholesome power virtually infructuous. the absence of any opportunity of hearing before issuing ..... working. it was also for the first time that a scheme of the winding-up, liquidation and dissolution of societies on the lines of the indian companies act, 1913 was incorporated in the 1925 act. it also provided for summary recovery of the societies' dues as adjudicated in arbitration proceedings. pursuant to the suggestions of two important committees set up ..... raghubir dayal v. union of india : 3scr547 where the constitutional validity of the operative provisions of the forward contracts (regulation) act, 1952 and of a notification dated 11th february, 1959 issued under section 15 of the said act by which the commodity of gur was brought within the purview of the enactment with immediate effect and of another notification ..... khetan sugar mills v. state of u.p. : 3scr331 22. in state of karnataka v. ranganatha reddy : 1scr641 the validity of the karnataka contract carriages (acquisition) act, 1976, which empowered the state government to acquire contract carriages, their permits and other assets for running them for purposes of state transport corporation with a view to prevent the misuse of .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-12-1984
Reported in : (1985)ILLJ111Raj
..... of masters and servants are purely of pleasure or contractual, then the remedy would not; be of filing writ petition.39. as discussed above, the scheme of the corporation constitution, formation and regulations, shows that it is a creation of a statute and the service conditions are also to be governed by the rules and regulations which are to be framed ..... of bagalkot cement co. v. r.k. pathan (supra), the apex court observed as under (at p. 206):.prior to the passing of the act, conditions of employment obtaining in several industrial establishments were governed by contracts between the employer and their employees. sometimes the said conditions were reduced to writing and in many cases they were not reduced to writing but ..... , are the elan vital of any country's legal system. so it is that we begin with two quotations - one from the old testament and the other from gandhiji, the indian new testament - as perspective-setters. after all, industrial law must set the moral-legal norms for the modus vivendi between the partners in management, namely, capital and labour. cain ..... abraham lincoln and roosvelt pleaded for 'dignity of labour', 'equality', dueprocess of law, and that resulted in new deal legislations, inspired by mahatma gandhi, the founding fathers of the great indian constitution brought the dream of 'ravi' true when preamble of the 'socialist republic of india' embodied 'equality' of status' and 'opportunity'. justice, 'social, economic and political' targets 'followed' by .....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 : Andhra Pradesh
Decided on : Dec-28-1984
Reported in : 60STC14(AP)
..... (printed at page 53 infra), is correct and should be followed if the power of seizure is goods, then the power to detain pending the formation of satisfaction to seize must necessarily be concerned as preliminary to, or incidental to the power of seizure. 55. the expression 'dealer' is defined ..... residing outside the state, and buys, sells, supplies or distributes goods in the state or acts on behalf of such dealer as - (i) a mercantile agent as defined in the indian sale of goods act, 1930 (central act iii of 1930); or (ii) an agent for handling goods or documents of title relating ..... to enable the department to conduct further enquiry; during the course of investigation, it was found that the transport corporation of india ltd., is acting as an agent of the non-resident principals, and is delivering the goods, after ascertainment, at hyderabad; they are, therefore, bound to be ..... the consignees. the main conclusion to be drawn from the enquiry is that the contract of sale is taking place only in andhra pradesh, as ascertainment of goods and their appropriation in pursuance of the contract of sale is being done at the hands of transport companies while delivering the ..... goods at hyderabad. it is, therefore, the view of the respondents that the transactions are not genuine and the petitioner-corporation at hyderabad is involved in the clandestine trade of truck tyres. the carriers have thus acted .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-17-1984
Reported in : 1985(2)BomCR274; (1985)87BOMLR258; 1985MhLJ163
..... taking' one or more flats, be liable to furnish the prescribed information and produce documents about the property. section 4 which enjoins upon a promoter to enter into a written contract with the purchaser and register it, describes the prospective purchaser as 'persons who are to take or have taken such flats'. section 5 directs a promoter to maintain a separate ..... in october 1978. the promoters further recovered from each of the petitioners rs. 445/- and also other flat purchasers to cover the expenses for formation of a co-operative society as required by section 10 of the act. the petitioners, grievance was that the promoters did not comply with the requirements of section 4 by executing a registered agreement in their favour ..... under the latter part of section 13 r.w. section 5 with a higher sentence of four year's imprisonment than the one of three years prescribed under section 406 indian penal code.5. before recording of evidence commenced, the promoters presented an application to the learned magistrate for dismissal of the complaints on two grounds, namely, (1) that the prosecution ..... . 235 of 1983) filed two separate complaints before the learned magistrate against m/s. serkop builders and their four partners for offences under the aforesaid sections and section 406 of indian penal code on these allegations. the accused-respondents are promoters of the building called mehrab apartments situate at kurla west. they orally agreed to sell one flat in the building .....Tag this Judgment!