Court : Karnataka
Decided on : Sep-04-1991
Reported in : 198ITR570(KAR); 198ITR570(Karn)
..... of the revenue. 3. under the provisions of the indian partnership act, a minor cannot be a partner because a minor is not competent to enter into any contract. a minor can only the admitted to the benefits of the partnership. therefore, the law which enables the formation of a partnership, that is, the partnership act does not recognize a minor as a partner at ..... the number of persons/who constituted the firm were below twenty excluding the minors who were admitted only to the benefits of the partnership as per section 30 of the indian partnership act. this contention of the assessee was accepted by the appellate assistant commissioner and, accordingly, the appeal filed by the assessee was allowed. the appellate tribunal affirmed this view. hence ..... be regarded as a valid document for the purpose of registration. regarding the definition of 'partner' given in section 2(6b) of the indian income-tax act, 1922, which is analogous to section 2(23) of the income-tax act, 1961, according to which partner includes a minor who has been admitted to the benefits of partnership, the hon'ble supreme court has ..... in cit v. dwarkadas khetan and co. : 41itr528(sc) . the relevant observation of the allahabad high court is quoted below (at page 520) : 'according to section 4 of the indian partnership act, partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them .....Tag this Judgment!
Court : Chennai
Decided on : Feb-20-1991
Reported in : (1992)2MLJ113
..... by the person to whom the acceptance is made. the supreme court in the above decision has observed as follows:obviously the draftsman of the indian contract act did not envisage use of the telephone as a means of personal conversation between parties separated in space, and could not have intended to ..... in the presence of each other, and negotiations are concluded by instantaneous communication of speech, communication of acceptance is a necessary part of the formation of contract, and the exception to the rule imposed on grounds of commercial expediency is inapplicable.the trial court was therefore right in the view which ..... make any rule in that behalf. the question then is whether the ordinary rule which regards a contract as completed only when acceptance is intimated should apply, or whether the exception engrafted upon the rule in respect of offers and acceptances by post ..... at bombay. on the basis of the averments made in the plaint it is clear that the acceptance in this case was complete and the contract was concluded between the parties for the sale of bombay quality tapioca starch only when the words of acceptance spoken by the plaintiff over phone ..... plaintiff has filed the present civil revision petition.5. the only point argued by sri t. chengalvorayan learned counsel for the plaintiff is, that the contract for the supply of bombay quality tapioca starch was concluded by offer and acceptance made over the phone; by the letter, ex.a-2, .....Tag this Judgment!
Court : Chennai
Decided on : Feb-07-1991
Reported in : (1992)1MLJ93
..... within the rights of the offeree to go back or withdraw from the contractual commitment. a reading of sections 3 to 6 of the indian contract act, 1872 will substantiate the above indisputable position of law and illustration (c) to section 4 as well as section 5 and the illustrations ..... for the appellant to work out its remedies before the ordinary civil courts or by means of an arbitration proceedings, as contemplated under the contract; but resort to the proceedings under article 226 of the constitution of india is inappropriate and ill-conceived. in our view, the learned single ..... the appellant, had been conveying their willingness periodically by extending the period of the validity of the tender, by itself shows that no concluded contract came into existence between the parties, which the appellant can get enforced. equally, the position does not change or get altered by the stand ..... resolutions in the course of the court proceedings cannot be equated with the communication of an acceptance of the offer so as to constitute a contract or bring into existence any contractual relationship for sustaining a claim, justiciable in law. as already noticed, the fact that admittedly even after ..... been communicated to the offer or. in other words, the formation of the intention is not enough and external manifestation of the same by an explicit act of communication to the other party is an essential ingredient to make the contract complete and irrevocable, since before that it shall always be .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Oct-11-1991
Reported in : (1991)39ITD59(Delhi)
..... and vice versa. there was some other correspondence to which its attention was not drawn and which showed that the indian branch was not only acting as a liaison office but was also negotiating and finalising sales contracts with the indian counterparts and that this activity amounted to carrying on of trading in india, took the case outside the purview of article iii ( ..... here we would like to advert to clause (iiia) of the double taxation avoidance agreement which provided that supply of information which is preparatory or auxiliary to the formation of the contract between the contracting states does not amount to having a fixed place of business, and therefore, permanent establishment. what is important to note is that supply of information must only be ..... preparatory or auxiliary to the formation of the ultimate contract. in contracts of this type which deal with the import-export policy of the country involving several public institutions, supply of information can be on a variety of points which ..... possible to draw. to repeat what all that was done by the assessee fell within the parameters of supplying of information which is preparatory to and auxiliary to the formation of the final contracts.31. we are of the opinion that the activities of the branches of the assessee company in india were within the ambit of sub -clause (iiia) of .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-29-1991
Reported in : AIR1992All135
..... the railway board in exercise of the powers conferred on it by clauses (f) and (g) of sub-section (1) of s.47 of the indian railways act, 1890 -has prescribed rules for warehousing and retaining of goods, wharfage on goods, luggage and parcels and also demurrage on goods wagons as follows:'ii. rules ..... by losing operational hours in actual running of the rake as the goods train. bulk supply is made on the basis of rake system because the formation of rakes and the maintenance of the unity of rakes and identity of particular rakes expedite the carriage of good. the delay caused by wholly uncalled ..... the conclusion is inescapable that the above paragraph in the goods tariff rules is ultra vires of the powers invested in the railway administration under the indian railways act, ix of 1890. it is on that basis that the goods tariff rules of the southern railway part i-a (at page 32 of the ..... includes 'wagons'. however, it has been held that there is no special reason shown applying the definition to the facts if where then box wagons are contracted and five out of them were unloaded within free time allowed, by what reason or logic the demurrage is levied for wagons unloaded. it has been ..... of calculating the detention and demurrage cannot be logically drawn from the definition of demurrage as contained in clause (d) of s.46-c of the indian railways act.7. learned counsel for the petitioner has placed strong reliance on a decision of the andhra pradesh high court reported in e.i.d. parry (india .....Tag this Judgment!
Court : Kerala
Decided on : Apr-02-1991
Reported in : 192ITR585(Ker)
..... that the commission payments made by the assessees are for services rendered to them. the services are incidental to the formation of the contract falling under sub-clauses (i) and (ii) of clause (b) of section 35b(1) of the income-tax act. it is evident that the agents render positive and specific services for the marketing of the goods in which the ..... rightly so done by the appellate tribunal.13. the income-tax appellate tribunal adverted to the plea of the revenue that the commission payment made to the seller's agent (indian agent) will fall only under sub-clause (iii) and repelled the same. in its reasoning, the appellate tribunal referred to the statement of kasturi nagesh pai and co. (seller's ..... commission payments made to the agents in india in the sales of the assessees' goods outside india. the nature of payment of commission is identical in all the cases. the indian agents, referred to above, include kasturi nagesh pai and co., bombay, rajeet v. bhat, bombay, nut meat trading co., bombay, the cashew corporation of india and rapal trading co., bombay ..... :'. . . in the cases before us, there had been a trade agreement between the u. s. s. r. chamber of commerce and industries and the federation of indian chamber of commerce and industries referred to in paragraph 8 of the general terms and conditions of contract. the export contracts in pursuance of such agreement are routed through the seller's agent who signed the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-18-1991
Reported in : 1993(41)ECC326; JT1991(3)SC268; 1991(2)SCALE110; (1991)4SCC139; 3SCR64; 87STC289(SC); 1991(2)LC396(SC)
..... parliament, in areas falling outside its legisaltive competence, shall include the conduct of any trade or business, the acquisi- tion, holding and disposal of property and the making of any contract for such purpose. the regulatory powers of the state extend to every form of activity concerning intoxicat- ing liquor for human consumption. the production, manufac- ture, possession, transport, ..... state and countervailing duties at the same or lower rates on similar goods manufactured or pro- duced elsewhere in india: (a) alcoholic liquors for human consumption; (b) opium, indian hemp and other narcotic drugs and narcotics; but not including medicinal and toilet prepar- tions containing alcohol or any substance included in sub-paragraph (b) of this entry". while this ..... control of the centre. the levy of fee, whether called vend fee or transport fee or duty or charge, whether levied by rules purportedly made under the excise act or prohibition act or any other statute, otherwise than as a proper levy falling in pith and substance under a taxing entry, was not valid, to the extent that it lacked ..... iii). vend fee or transport fee and similar fees, unless supported by quid pro quo, this court held, interfered with the control exercised by- the central government under the idr act, 1951 and the various orders made thereunder with respect to prices, 1licences, 'permits, distribution, transport, disposal, acquisition, possession, use, consumption, etc., of articles related to a controlled .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-03-1991
Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; Supp1SCR251; 1992(1)LC505(SC)
..... unlawful as it was one not to prosecute a non-compoundable offence. this court held that the arbitration agreement was void under section 23 of the indian contract act as its consideration was opposed to public policy. the award was held void.34. even assuming that the union of india agreed to compound non ..... as in a sense of proportion.38. accordingly on contention (f) we hold that the settlement is not hit by section 23 or 24 of the indian contract act and that no part of the consideration for payment of 470 million us dollars was unlawful.re: contention (g)39. this concerns the ground that ..... us dollars was the stifling of the prosecution and, therefore, unlawful and opposed to public policy. relying upon sections 23 and 24 of the indian contract act it was urged that if any part of a single consideration for one or more objects or any one or any part of any one of ..... of the proceedings of the directorate of claims which has medically evaluated and categorised nearly 3,60,000 affected persons. we have looked into the formats and folders prepared by the directorate of claims for the medical evaluation of the conditions of the victims. some sample medical dossiers pertaining to some ..... which is discharged or remitted by the agreement.in deb kumar ray choudhury v. anath bandhu sen and ors. : air1931cal421 . it was mentioned:a contract for payment of money in respect of which a criminal prosecution was permissible under the law, was not by itself opposed to public policy.. the withdrawal .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-27-1991
Reported in : ILR1991KAR3679; 1992(1)KarLJ477
..... held in paragraphs 15 and 16 (at pages 475 and 476) thus:'15. every worker, in our view, who works for a principal employer to whom the provisions of contract labour act are attracted, is to be treated as the worker of the principal employer unless two conditions are satisfied: (i) that the establishment has secured a certificate of registration for the ..... contractor becomes in the eye of law a fictitious transaction, only because the contractor failed to obtain the prescribed licence. we don't find any deeming provision in the act, deeming such a contract labour, as part of the regular labour force of the principal employer. since device of deeming is basically a legislative creation, we do not think, we can adopt ..... the conditions as may be prescribed.' this has to be read with rule 21 and form iv under the rules prescribing the format governing the application for licence. apart from the particulars of the establishment certain particulars of the contract labour are also to be furnished. but the names, etc., of the workmen to be employed need not be furnished. however, the ..... a person to be eligible to obtain the licence under section 12 of the act. the licensing system is necessary to regulate the very system sought to be licensed. licensing is only a regulatory measure. licensing does not create any privilege. the observation of the supreme court in indian mica and micanite industries ltd. v. the state of bihar and ors., : air1971sc1182 .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-06-1991
Reported in : ILR1991KAR2939; 1991(2)KarLJ524
..... has been included in the 8th plan. besides, the central electricity authority has also concurred in the scheme as per section 31 of the indian electricity supply act. to meet the power shortage, more power projects like the mangalore super thermal power project in karnataka, kayamkulam super thermal power project in kerala ..... and fly ash, in ash dykes. the dry fly ash will be used for manufacture of pozzolona cement bricks and concrete blocks and for formation of roads. an ash dyke of approximate height of 7.0 metres will be constructed to allow the fly ash to be deposited by sedimentation ..... '90final dpr aug '903.3 synchronisation of units3.3.1 synchronization of unit no. 1: 42 months from the date of signing the supply contracts (provided contract for erection, testing, commissioning etc. is signed not later than june 91).3.3.2 synchronization of unit no. 2: 48 months from the ..... light of the above background of law, we now propose to analyse the factual situation in this case.8. originally under section 29 of the indian electricity (supply) act, 1948, the proposal to locate the project in question was published, and number of objections - 442 in number - had been filed. they ..... between government of india and the government of ussr, the first unit shall be commissioned within 42 months from the date of signing the supply contract. the global framework agreement with ussr is enclosed at annexure- x. the petitioner, like the proverbial ostrich, refused to recognise these crucial facts. .....Tag this Judgment!