Court : Appellate Tribunal for foreign Exchange New Delhi
Decided on : Dec-01-2008
..... usa is not appointed by appellants using express words as agent but such appointment by express words is not necessary under the provisions of section 185 and section 187 of indian contract act. under these circumstances, when payment liability is clearly of the appellants herein, an inference of agency from the circumstances is permissible and can appropriately be drawn. in this regard, ..... implied, of any party to creation of agency is immaterial. in the words of the honble supreme court following is stated: ?? ??27. for creating a contract of agency, in view of section 185 of the indian contract act, even passing of the consideration is not necessary. the consideration, however, so far as the employer are concerned as evidenced by the scheme, was to ..... directly to m/s. a. knoevenagal germany. this payment between two foreign residents cannot demonstrate wrongful acquisition and transfer of foreign currency in violation of section 4(1) of fer act, 1947 against the appellants because the appellants never otherwise acquired foreign currency as per the judgment in central government v. abdul mohammed 1988 (17) ecc 96 (ker.). 5. further ..... is not conclusive. if the employee had reason to believe that his employer was acting on behalf of the corporation, a contract of agency may be inferred. 29. in desu v. basanti devi  8 scc 229 at 240, this court stated the law, thus : ??formation of the contract of insurance is between lic and the employee of desu. scheme has been introduced .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-2008
Reported in : AIR2009SC127; 2009(2)AWC1370(SC); 2009(4)MhLJ1(SC); (2009)2MLJ733(SC); 2008(16)SCALE281; (2009)2SCC582:2009AIRSCW1030:2008(17)SCR822:2009(3)KCCRSN160
..... .10.1979. apart from the above, the evidence of the witnesses also shows that there was a concluded contract. therefore, even though the draftsman who prepared the agreement might have used a format intended for execution by both vendor and purchaser, the manner in which the parties had proceeded, clearly demonstrated ..... void under the provisions . of the contract act. the proviso to section 10 of the act makes it clear that the section will not apply to contracts which are required to be made in writing or in the presence of witnesses or any law ..... vendor executing the document and delivering it to the purchaser who accepts it. section 10 of the act provides all agreements are contracts if they are made by the free consent by the parties competent to contract, for a lawful consideration and with a lawful object, and are not expressly declared to be ..... of a further sum of rs. 2000 and confirming that the total earnest money received was rs. 4001. this shows that the purchaser accepted and acted in terms of the agreement which was signed, witnessed and delivered to her as a complete instrument and that she then obtained an endorsement thereon by ..... is valid?ii) whether the plaintiff has satisfied and established her case for decree for specific performance under section 16(c) of the specific relief act, 1963.4. the main contention urged on behalf of the defendant is that the signature found in the agreement was forged and in any event, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-2008
Reported in : JT2009(1)SC61; 2009(I)OLR(SC)510; 2008(16)SCALE369; (2009)2SCC363
..... offence purported to have been committed and punishable under sections 323, 382, 420, 465, 468, 471, 120b, 506 and 34 of the indian penal code accompanied by an application under section 156(3) of the code.5. it is not necessary for us to deal with the allegations made in the said complaint ..... 2008.3. before adverting to the said question, we may notice the admitted fact of the matter.4. respondent no. 1 is a company registered and incorporated under the companies act, 1956. it filed a complaint petition in the court of additional chief metropolitan magistrate, new delhi at patiala house courts under section 200 of the code in respect of an .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-18-2008
Reported in : 2009(1)OLR(SC)181; 2008(16)SCALE276; (2009)2SCC696
..... report was registered against seven persons for commission of offences under sections 147, 148, 149, 307 and 302 of the indian penal code and section 27 of the arms act as well as under section 3/4 of the explosive substance act inter alia alleging that on 24.10.2000 at around 4 p.m. when he along with one ajay singh was ..... did not deal with these aspects and came to an abrupt conclusion that all the pws have stated that the appellants have committed overt acts and their names also find place in the protest petition. undisputedly, no overt act has been attributed to the appellants by pws 1, 2 and 3. nothing has been stated about the appellants by pws 4 and .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-11-2008
Reported in : 2009(3)BomCR353
..... application to commit the applicant.2.2.6 where the applicant is a single entity, it may be required to form an appropriate special purpose vehicle, incorporated under the indian companies act, 1956 (the 'spv') to execute the concession agreement and implement the project. in case the applicant is a consortium, it should comply with the following additional requirements ..... ) applicants should attach clearly marked and referenced continuation sheets in the event that the space provided in the prescribed forms in the annexes is insufficient. alternatively, applicants may format the prescribed forms making due provision for incorporation of the requested information;(ii) information supplied by an applicant (or other constituent member if the applicant is a consortium) ..... of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the applicant, nor been expelled from any project or contract nor have had any contract terminated for breach by such applicant/consortium member.2.2.9 in computing the technical capacity and net worth of the applicant/consortium members under clauses ..... respondent trust. recitals of this consortium agreement specifically referred to initiation of tender process for the said project and desire of the members of the consortium to submit the contract. it was stated that the parties wished to associate themselves as a consortium for submitting the competitive bid for the project to develop, implement, operate and manage .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-18-2008
Reported in : 2008(2)CHN546
..... of law having jurisdiction in relation thereto, the same remain binding. it is one thing to say that agreements are void or voidable in terms of the provisions of the indian contract act having been obtained by fraud, collusion, etc., or are against public policy but it is another thing to say maintained their writ petitions. we have noticed hereinbefore that even in ..... , it was not necessary to comply with the provisions of article 299 of the constitution. an agreement between the parties need not furthermore be strictly in terms of a prescribed format.296. the court further held in the said decision that the respondents having accepted the award without any demur were estopped and precluded from maintaining an application for reference in ..... of such powers.240. in indrajit c. parekh v. state of gujarat : air1975sc1182 , the court held that nine proposals were sent by esi corporation, a company incorporated under the indian companies act to acquire certain plots of land in dariyapur-kazipur area of the city of ahmedabad bearing certain numbers to establish a dispensary for employees state insurance scheme at ahmedabad. the ..... ought to have awarded higher compensation, the civil court gets jurisdiction to award statutory benefits on higher compensation from the date of taking possession only. in view of the specific contract made by the respondents in terms of section 11(2), they are not entitled to seek a reference. consequently, the civil court is devoid of jurisdiction to go into the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Feb-08-2008
Reported in : (2008)114TTJ(Delhi)903
..... here we would like to advert to clause (iiia) of dtaa 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, pe. what is important to note is that supply of ..... that the assessee needs to forward all its documents like performance guarantee, letter of credit through its offices in india. but the contract is signed overseas independent of the indian office. 2.5 the assessee locates potential customers negotiate a deal, finalize a deal, procure the material and supply them to the ..... it was the rbi that would be more concerned with such violation and would have withdrawn the permission for these indian branches to exist in india under the foreign exchange regulation act. no such violation was ever found by the rbi even though the rbi was put in the knowledge of these ..... activities carried on by the indian branches of the assessee company by submitting the annual returns to it as per the ..... financial solutions to indian clients if they require. thus the aforesaid explains the business model ho undertakes then those undertaken by the lo in respect of a business deal. the business model of the assessee is based on the polycentric model. each of the offices located worldwide acts as a wing .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-16-2008
Reported in : 2008(16)SCALE167; (2009)3SCC78
..... we may reiterate that one of the ingredients of cheating as defined in section 415 of the indian penal code is existence of an intention of making initial promise or existence thereof from the very beginning of formation of contract.section 482 of the code of criminal procedure, saves the inherent power of the court. it ..... any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit.no act of inducement on the part of the appellant has been alleged by the respondent. no allegation has been made that he had an intention to cheat ..... of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.the high court, although noticed some of the principles laid down in bhajan lal (supra), failed to assign any reason ..... induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to `cheat'. an offence ..... for proceeding against the accused.(6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code .....Tag this Judgment!
Court : Chennai
Decided on : Jan-23-2008
Reported in : 2008(1)CTC681; (2008)2MLJ123
..... to administer the teacher training institute without the approval of the competent authority and whether the same is permissible in view of section 23 of the indian contract act, 1872 is to be ascertained. section 23 of the indian contract act clearly states that every agreement, of which, the object or consideration is unlawful, is void. as per section 23, the consideration or object ..... in the decision reported in : (1986)iillj171sc (central inland water transport corporation ltd. v. brojo nath) : (1986)iillj171sc . in paragraph 92, the supreme court held thus:92. the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public policy', or 'contrary to ..... was granted recognition to locate its institute. the ncte shall also make it mandatory for the institutes to publish both the order of recognition as well as the enclosed format of particulars with the above details, in the prospectus inviting applications for admission, so that the students know the actual persons who run the educational agency and their ..... henceforth ncte shall not merely issue the order of recognition in the name of the proposed institute. ncte shall enclose to every order of recognition granted by them, a format of particulars containing the details relating to the name and address of the educational agency to which recognition is granted, (apart from the name of the institute) the nature .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-16-2008
Reported in : 2008(6)ALLMR611; 2009(1)BomCR746; (2008)110BOMLR3496
..... the parties does create some kind of doubt regarding intention of giving finality to the letter of termination dated 24th november 2007.22. in terms of section 55 of the indian contract act, effect of failure to perform at fixed time does provide benefit to a party as it becomes voidable at the option of the promisee provided the intention of the parties ..... to the terms of the agreement. by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms of the contract the obligations of the parties have to be performed in a certain sequence, one of the ..... held between the parties was referred and it was stated as under:2. mr asarkar therefore suggested an alternative, so that our application with midc is not held up, the format of which was already handed over to you during the meeting. for this purpose, mr asarkar also suggested some of your sales/purchase bills for sep. 07/oct. 07 be ..... & further to our request letters sent to midc, thane, we give below requirements pending from your side, in order to complete and submit our application to midc in their prescribed format.1) noc letter from commissioner of labour regarding full & final settlement of your labour dues.2) copy of permanent ssi registration of m/s trufit (self attested copy).3) copy .....Tag this Judgment!