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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1997 Page 1 of about 81 results (0.046 seconds)

Apr 01 1997 (HC)

Devarakonda Edl. Society Vs. All India Council Technical Education and ...

Court : Andhra Pradesh

Decided on : Apr-01-1997

Reported in : AIR1997AP389; 1997(3)ALT117

..... the addressee, is a question of fact having no more to do with the law of contract than any other matter of fact which it may be needful to prove in order to establish the formation of any kind of contract. (page 106 of indian contract act and specific relief act by pollock and mulla eleventh edition, vol. 1,1994). that equally applies to the implication of ..... definition of 'notice' under s.3 of the transfer of property act. therefore, to conclude the attempt of the 1st respondent to communicate ..... adopted. mr. koka raghava rao, the learned counsel for the' petitioner has rightly depended upon sees. 3 and 4 of the indian contract act to know the further implication's of 'communication'. more than sec. 3, it is sec. 4 of the contract act which is more certain in regard to communication. even the luxury of repetition may be useful :'4. communication when complete.-- the ..... the impugned order said to have been sent by the 1st respondentto the petitioner, its coming back with the refusal endorsement, strictly speaking constitutes 'communication' under sec. 4 of the contract act. but the facts are still to be examined, how it went and how it come back. because the rule of communication in post, registered or otherwise, is examined with reference .....

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Nov 19 1997 (SC)

Moti Lal Chunnilal (Tak) Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Nov-19-1997

Reported in : [1998]234ITR472(SC); (1998)9SCC401

..... writing from the excise authorities to form the partnership amounted to violation of the conditions of the licence and provisions of the rajasthan excise act, and, therefore, the contract of partnership was hit by section 23 of the indian contract act. the appellate assistant commissioner on appeal and the tribunal on further appeal held that there was a clear prohibition in clause (3) of ..... the licence in respect of the formation of a partnership by the licence-holders without the prior permission of the excise authorities. thus, the provisions of the excise law ..... the question was of registration of a firm in relation to a liquor licence. the licence was issued in the name of an individual. the condition of licence expressly prohibited formation of partnership in relation to the licence. in spite of this prohibition the licence-holder entered into a partnership. this court held that registration could not be granted to a ..... have been violated as there was public policy involved in the provisions of the excise act and rules and the agreement of partnership was entered into in violation .....

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Nov 24 1997 (HC)

People Co-operative Labour and Construction Society Ltd. Vs. Union of ...

Court : Delhi

Decided on : Nov-24-1997

Reported in : 71(1997)DLT106

..... section 14 of the indian arbitration act, 1940 for filing of the award dated march 7, 1988 along with proceedings and for making the same rule of the court. (2) the brief facts are that the petitioner entered into a contract with the respondent-union of india through the executive engineer, floor control drainagedivision-v, delhi administration, regarding the work 'formation of designed section ..... any reason, such chief engineer or administrative head as aforesaid at the time of such transfer, vacation of office or inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the contract. such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. it is also ..... a term of this contract that no person other than a person appointed by such chief engineer or administrative head of the c.w.p.d. as aforesaid should act as arbitrator and, if for any reason that is not possible, the matter is not to be referred ..... , after written notice by either party to the contract to the other of them, be referred to the sole arbitration of an engineer officer to be appointed by the authority mentioned in the tender documents.' if the arbitrator so appointed resigns his appointment or vacates his office or is unable or unwilling to act due to any reason whatsoever, the authority appointing .....

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Jul 10 1997 (TRI)

Capital Rubber Industries Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jul-10-1997

..... surmises. he also contended that according to the provisions of indian partnership act, no particular formalities were required for an agreement of partnership and that even writing was not necessary. he contended that the partnership could be formed by parole and that a contract expressed or implied was only essential to the formation of partnership and that the relation arises out of a mutual ..... date of partnership deed, i.e., 29th november, 1985, we feel that the contentions of the learned counsel deserve to be accepted having regard to the provisions of the partnership act, 1932. in view of the said position, we feel that the cost of the plot has to be taken with reference to the total amount paid to huda and that ..... evidence, the learned counsel submitted that at best the partnership firm has to be treated as genuine from 29th november, 1985, though in terms of the provisions of the partnership act, even an oral agreement between the parties is recognised for constituting a partnership and the intention and conduct of the parties is relevant to determine that a partnership has come ..... into by two or more persons, the agreement must be to share the profits of business and the business must be carried on by all or any of those persons acting for all. he held that all the said elements must be present before a group of persons who can be held to be partners of a partnership. in view of .....

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Jul 10 1997 (HC)

Capital Rubber Industries Vs. Deputy Commissioner of Income-tax.

Court : Delhi

Decided on : Jul-10-1997

Reported in : (1998)60TTJ(Del)71

..... surmises. he also contended that according to the provisions of indian partnership act, no particular formalities were required for an agreement of partnership and that even writing was not necessary. he contended that the partnership could be formed by parole and that a contract expressed or implied was only essential to the formation of partnership and that the relation arises out of a mutual ..... date of partnership deed, i.e., 29th november, 1985, we feel that the contentions of the learned counsel deserve to be accepted having regard to the provisions of the partnership act, 1932. in view of the said position, we feel that the cost of the plot has to be taken with reference to the total amount paid to huda and that ..... evidence, the learned counsel submitted that at best the partnership firm has to be treated as genuine from 29th november, 1985, though in terms of the provisions of the partnership act, even an oral agreement between the parties is recognised for constituting a partnership and the intention and conduct of the parties is relevant to determine that a partnership has come ..... into by two or more persons, the agreement must be to share the profits of business and the business must be carried on by all or any of those persons acting for all. he held that all the said elements must be present before a group of persons who can be held to be partners of a partnership. in view of .....

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Apr 15 1997 (HC)

Garware Nylons Limited Vs. Swastik Yarns

Court : Mumbai

Decided on : Apr-15-1997

Reported in : (1997)99BOMLR497

..... on this question : american jurisprudence, 2nd edn., vol. 17 article 54 p. 392 and williston on contracts, 3rd edn., vol. 1, p. 271.(14) 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 ..... 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 impose on grounds of commercial expediency is inapplicable.7. applying the aforesaid principle, it would be seen ..... state courts in the united states, conflicting views have been expressed, but the generally accepted view is that by 'the technical law of contracts the contract is made in the district where the acceptance is spoken.' this is based on what is called 'the deeply rooted principle of common ..... in : [1966]1scr656 the apex court has considered the question about the proposal and acceptance by telephone conversation, and it was held that the contract can be said to have been made over telephone when acceptance is received by the offerer. the apex court has thus:(9) the defendants contend ..... of acceptance of the order, the plaintiff used to issue order confirmation note from bombay. according to the plaintiff, the concluded and binding contract can be said to have come in existence between the parties only upon the issuance of order confirmation note. from the affidavit in reply .....

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Nov 28 1997 (SC)

Rajiv Mittal Vs. Maharshi Dayanand University and ors.

Court : Supreme Court of India

Decided on : Nov-28-1997

Reported in : AIR1998SC680; JT1997(9)SC408; 1997(7)SCALE301; (1998)2SCC402; [1997]Supp5SCR573; (1998)1UPLBEC272

b.n. kirpal, j.1. the question which arises for consideration in this appeal relates to the admission to first year m.b.b.s. course for the session 1996-97 to the rohtak medical college, respondent no. 2.2. seats in different medical colleges in the state of haryana are filled on the basis of m.b.b.s. entrance examination rohtak medical college, respondent no. 2 is affiliated to maharshi dayanand university, rohtak and for the session 1996-97 it had 60 m.b.b.s. free seats to which admission had to be made in the first year of the said course. out of this 49 seats were to be filled from the open category candidates while remaining 11 seats were reserved for backward class candidates.3. in the entrance examination one sunil yadav, on the basis of his marks, had secured position at serial no. l in the category of backward class quota while in the general category he had been placed at merit position no. 62 the seats to the medical colleges are filled on the basis of counselling where candidates are given option to select the college where they want to study. this option is given to the candidates whose names are arranged in the order of merit.4. on 9.9.1996 the first counselling for the 49 seats in the open/general category was held. sunil yadav did not secure any seat in the general category because of his low merit position. on the following day i.e. 10.9.1996, sunil yadav appeared for the first counselling for the reserved seats as he had been placed at serial no. l in the .....

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Sep 04 1997 (SC)

Kartikeya V. Sarabhai Vs. the Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Sep-04-1997

Reported in : AIR1997SC3794; [1997]228ITR163(SC); JT1997(7)SC709; 1997(5)SCALE705; (1997)7SCC524; [1997]Supp3SCR746

..... transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882); or(vi) any transaction (whether by way of becoming a member of, or acquiring ..... shares. it was observed that in effect the company buys back the preference shares from the share-holders. further, referring to the provisions of the companies act, it held that the reduction of preference shares by a company was a sale and would squarely come within the phrase 'sale, exchange or relinquishment' ..... , no capital gains tax was payable. repelling this contention, this court considered the definition of word 'transfer' occuring in section 2(47) of the act and reading the same along with section 45, it came to the conclusion that when a preference share is redeemed by a company, what the share-holder ..... sub-clauses (v) and (vi), 'immovable property' shall have the same meaning as in clause (d) of section 269ua.10. section 45 of the act reads as follows:capital gains- (i) any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as ..... possible to accept the contention of shri ganesh, learned counsel that reduction does not amount to a transfer of the capital asset. section 2(47) of the act reads as follows:2(47) 'transfer' in relation to a capital asset, includes,-(i) the sale, exchange or relinquishment of the asset; or(ii) .....

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Oct 07 1997 (HC)

Commissioner of Income-tax Vs. K.A. Sundaram and Co.

Court : Kerala

Decided on : Oct-07-1997

Reported in : [1998]230ITR686(Ker)

..... with all rights and liabilities arising therefrom. under these circumstances, without any hesitation, we would hold that the partnership was hit by the provisions contained under section 23 of the indian contract act. the assessing authority was, therefore, fully justified in refusing to grant registration.16. in the light of the above discussion, we answer all the questions in the negative, against the ..... , therefore, the firm is not entitled to registration on the ground that its business was being carried on in violation of the provisions of the kerala abkari act and that the formation of the partnership itself was illegal. the assessee took up the matter successfully in appeal before the commissioner of income-tax (appeals) which decision was upheld by the tribunal in ..... rules, such as the kerala foreign liquor (compounding, blending and bottling) rules, 1975, and the abkari shops (disposal in auction) rules, 1974, there is no reference to any prohibition in formation of a partnership by the licensee.6. rule 6(22) of the kerala abkari shops (disposal in auction) rules, 1974, reads as follows :'(22) the licensee shall not sell or .....

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Oct 07 1997 (HC)

Commissioner of Income-tax Vs. K. A. Sundaram and Co.

Court : Kerala

Decided on : Oct-07-1997

Reported in : (1998)144CTR(Ker)610

..... with all rights and liabilities arising therefrom. under these circumstances, without any hesitation, we would hold that the partnership was hit by the provisions contained under s. 23 of the indian contract act. the assessing authority was, therefore, fully justified in refusing to grant registration.12. in the light of the above discussion, we answer all the questions in the negative, against the ..... therefore, the firm is not entitled to registration on the ground that its business was being carried on in violation of the provisions of the kerala abkari act and that the formation of the partnership itself was illegal. assessee took up the matter successfully in appeal before the cit(a) which decision was upheld by the tribunal in the second appeal filed ..... '.in all other rules, such as kerala foreign liquor (compounding, blending & bottling) rules 1975 and abkari shops (disposal in auction) rules, 1974, there is no reference to any prohibition in formation of a partnership by the licensee.5. rule 6(22) of the kerala abkari shops (disposal in auction) rules, 1974 reads as follows :'(22) the licensee shall not sell or ..... the contract act and a void contract of partnership cannot be recognised as a genuine partnership for the purpose of the it act, 1961.4. learned counsel for the assessee contended that the above decision has no application in the facts of the present case. according to him, in this case, transfer of the licence to the business of the firm was not after formation of .....

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