By an agreement dated 3.7.1973 the respondent sold two plots to the appellant for a consideration of Rs. 15,000. By another agreement, entered into between the parties on the same day, the appellant agreed to reconvey the said proper- ties to the respondent against payment of Rs. 15,000 within two y.
Judgement Date : november/1991, Citation : 1991 Latest Caselaw 297 SC
Judgement Date : september/1991, Citation : 1991 Latest Caselaw 247 SC
Before this Court, the appellant-defendant challenged the judgment of the High Court which held that the decree made against the defendant 'in terms of a compromise in writing and signed by the counsel representing the parties was valid and binding on the parties, and that in the ab- sence of an.
Judgement Date : march/1991, Citation : 1991 Latest Caselaw 74 SC
The 4 appellants along with 11 others were tried for murder and for causing injuries. The learned sessions judge while acquitting all others of all the charges, convicted A- 1, A-2, A-5 and A-1 on different counts. The sentences awarded to them under various charges including the sentence of life im.
Judgement Date : september/1990, Citation : 1990 Latest Caselaw 268 SC
Respondents No. 2 to 4, regular employees of the appel- lant Delhi Transport Corporation, were served with termina- tion notices under Regulation 9(b) of the Delhi Road Trans- port Authority (Conditions of Appointment & Service) Regula- tions, 1952 by the appellant Corporation on the ground that.
Judgement Date : november/1989, Citation : 1989 Latest Caselaw 359 SC
The period of limitation of three years for specific performance of a contract begins to run under the third column of Article 54 of the Limitation Act, 1963 from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. Under an.
Judgement Date : july/1989, Citation : 1989 Latest Caselaw 215 SC
The appellant firm was allotted contracts for manufacture and sale of liquor for the year 1959 and for the subsequent periods from 1.1. 1960 to 31.3.1961 for Rs.2,56,200 and Rs.4,71,900 respectively by the M.P. Govt. who also charged 7-1/2% over the auction money as mahua and fuel cess. As writ peti.
Judgement Date : may/1989, Citation : 1989 Latest Caselaw 178 SC
The common question arising in the instant cases which was referred to this larger Bench is whether an award passed under the provisions of the Arbitration Act, 1940 is liable either to be remitted under section 16(1)(c) of the Act or liable to be set aside under section 30(c) thereof merely on the.
Judgement Date : march/1989, Citation : 1989 Latest Caselaw 85 SC
The first appellant is a manufacturer and supplier of metallic yarn under the name and style "Raplon Mettal ic Yarn" having its registered office at Udyognagar, Mohamad a- bad, Gujarat within the jurisdiction of the civil court at Kaira. The second appellant is the sister concern of t he f.
Judgement Date : december/1987, Citation : 1987 Latest Caselaw 385 SC
The Assam Taxation (on Goods Carried by Road or Inland Water-ways) Act,1954 was struck down as ultra vires the Constitution in Atiabari Tea Co. Lld. v. State of Assam, AIR 1961 SC 232. A new Act was thereafter passed which received the President's assent on April 6, 1961. The High Court declared.
Judgement Date : april/1986, Citation : 1986 Latest Caselaw 71 SC
The proviso to s. 29 of the U.P. Sales Tax Act 1948 provides that no claim to the refund of any tax or other amount paid under the Act shall be allowed unless it was made within 24 months from the date on which the order for assessment was passed or within 12 months of the final order passed in appe.
Judgement Date : april/1986, Citation : 1986 Latest Caselaw 64 SC
The Central Inland Water Transport Corporation which was incorporated on February 22, 1967 is a company owned by the Government of India and the State Governments of West Bengal and Assam. It is a Government company within the meaning of section 617 of the Companies Act, 1956. The Memorandum of Asso.
Judgement Date : february/1986, Citation : 1986 Latest Caselaw 17 SC
The Sugar Undertakings (Taking over of Management) Act, 1978, by Clause (b) of section 7(1) empowers the Central Government to issue a notification declaring that the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instrumen.
Judgement Date : february/1985, Citation : 1985 Latest Caselaw 22 SC
Section 169 (1) of the Companies Act provides that the Board of directors of a company shall, on the requisition of such number of members of the company as is specified in sub-section (4), forthwith proceed duly to call an extraordinary general meeting of the company, Sub-section 4(a) says that the.
Judgement Date : october/1979, Citation : 1979 Latest Caselaw 212 SC
The respondent filed a suit for the recovery of a sum of Rs. 1606-8-0 being the value of V.P. article paid by the addressee in Pakistan to that Government for transmission to India. Due to the suspension of the money order service between Pakistan and India after 19-9-49, the amount was not sent by.
Judgement Date : december/1976, Citation : 1976 Latest Caselaw 336 SC
The respondents agreed to sell their agricultural land to the appellants. The title deeds and possession of the land were given to the appellants and both parties jointly applied to the District Deputy Collector, Thana Prant, under s. 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, seekin.
Judgement Date : august/1976, Citation : 1976 Latest Caselaw 203 SC
The appellant booked rice for being transported by train, from Bareilly railway station to Trivandrum railway station. On delivery, the rice was found to be damaged and short in quantity. The appellant claimed damages from the respondent, who resisted the claim on the grounds that the suit was not m.
Judgement Date : march/1976, Citation : 1976 Latest Caselaw 38 SC
A consignment of iron goods was booked by the respondent by rail on December 15, 1961. The due date of delivery under the contract or usage of the railways was December 25, 1961. As the goods were diverted, they were actually delivered on July 21, 1962. The respondent filed a suit for damages allegi.
Judgement Date : november/1975, Citation : 1975 Latest Caselaw 268 SC
The predecessor-in-interest of the respondents filed a suit for a declaration that the Hiba-bil-Ewaz executed by him was void and inoperative due to fraud and misrepresentation proceeding from the appellant (donee), the allegation being that the appellant represented it to be a deed of cancellation.
Judgement Date : october/1975, Citation : 1975 Latest Caselaw 238 SC
The appellant assessee is a firm, having three Partners and one minor admitted to the benefits of the partnership. One of the partners has 31% share and the remaining two partners and the minor have 23% share each in the profit of the firm but the partnership deed is silent about their shares in.
Judgement Date : october/1974, Citation : 1974 Latest Caselaw 214 SC
The appellants paid certain amounts to the government as excise duty and education cess for the years 1951-52 to 1965-66 in one case and from 1951-52 to 1961-62 in the other. The High Court struck down the provisions of the relevant Acts as unconstitutional. In writ petitions before the High Court c.
Judgement Date : july/1974, Citation : 1974 Latest Caselaw 126 SC
The Additional District Magistrate passed an order for eviction against tenant on an application by the landlord under Section 7A of the Act. On revision, the Additional Commissioner confirmed the order of eviction. The State Government in exercise of its revisional powers under section 7F set aside.
Judgement Date : february/1974, Citation : 1974 Latest Caselaw 35 SC
The first plaintiff became entitled to claim a consignment of 53 bundles of mild steel plates dispatched by a Japanese exporter to be delivered at the port of Bombay. The goods were discharged in the docks on 12th September 1959, into the custody of the Bombay Port Trust, the appellant. The goods we.
Judgement Date : october/1969, Citation : 1969 Latest Caselaw 291 SC
The appellant agreed in writing to sell a ginning factory situated in Madhya Pradesh and the agricultural land on which it stood, to the respondent for a sum off Rs. 43,077. The land in question stood entered in the revenue records in the name of the appellant's brother. The respondent made p.
Judgement Date : november/1968, Citation : 1968 Latest Caselaw 289 SC
The sales tax authorities directed that the sum realised as sales tax by the petitioners from their customers and paid over to the State should be refunded to the petitioners on condition that the petitioners passed on the amounts to their customers. Since the petitioners did not fulfil the conditio.
Judgement Date : october/1968, Citation : 1968 Latest Caselaw 243 SC
The plaintiffs defendants 5 to 7 and the ancestor of defendants 8 to 13 leased the forest rights in theft villages to defendants 1 and 2 at an annual rental. The deed mentioned the share of each lessee and the annual rent for the purpose of indicating what amount would be contributed by each .of the.
Judgement Date : april/1968, Citation : 1968 Latest Caselaw 124 SC
The appellant was indebted to the respondent Bank. He executed a power of attorney in favour of the bank giving it authority to execute a decree which he had obtained in his favour. The bank filed an application for the execution of the decree in the appellant's name, the application being signe.
Judgement Date : april/1968, Citation : 1968 Latest Caselaw 103 SC
In February 1956, respondents 3 to 6, as partners of respondent 2 firm, ,entered into an agreement with a Bank (Predecessor-interest of the first respondent-bank), undertaking to open in the Bank a cash credit account to the extent of Rs. 100,000 to be secured by goods to be pledged with the Bank. C.
Judgement Date : march/1968, Citation : 1968 Latest Caselaw 53 SC
The appellant obtained lease of a land in the undivided Punjab and carried on agricultural operations in it. Following the partition of India and allotment of the territory in which the lands were situate to Pakistan the appellant migrated to India. The appellant commenced an action for a decree.
Judgement Date : november/1967, Citation : 1967 Latest Caselaw 260 SC
The respondent-company, registered under the Indian Companies Act 1913, was formed for the purpose of carrying on the business of an exchange in various commodities including gur and started its business in 1931. The Articles of Association of the Company provided that no person could remain a membe.
Judgement Date : november/1967, Citation : 1967 Latest Caselaw 257 SC
On 13th November 1951, the respondent agreed to sell to the appellants a stock of 415 tons of newsprint in sheets then lying in the respondent's godown. On 26th November, the parties varied the contract by agreeing that the appellants would buy only 300 tons out of the. stock of 415 tons. After.
Judgement Date : september/1967, Citation : 1967 Latest Caselaw 228 SC
Under the Andhra Pradesh (Regulation of Supply and Purchase) Act 1961 the occupier of a sugar factory had to buy sugarcane from canegrowers in conformity with the directions of the Cane Commissioner. Under s. 21 of the Act the State Government had power by notification to tax purchases of sugarcane.
Judgement Date : july/1967, Citation : 1967 Latest Caselaw 156 SC
V the karta of a joint Hindu family, transferred in 1946 certain properties, of the joint family to the appellant, who was his concubines since 1945. The joint family disrupted in 1947, and after V's death, the respondents-his widow and sons, filed a suit against the appellant for recovery of po.
Judgement Date : september/1966, Citation : 1966 Latest Caselaw 153 SC
At an auction held by the Divisional Forest Officer Hoshangabad Division for sale of 'felled trees', one J was declared the highest bidder. The amount of the bid was payable in four installments. According to the contract the Forest Contract Rules were binding on the contractor, and the cont.
Judgement Date : november/1965, Citation : 1965 Latest Caselaw 259 SC
In the profit and loss account of the appellant company for the accounting year ending 31st March 1957, a certain sum of money was shown as the amount of dividend proposed to be distributed for that year; and its balance-sheet as on that date showed the value of its fixed assets and another sum as a.
Judgement Date : august/1965, Citation : 1965 Latest Caselaw 171 SC
The respondents entered into a contract with the appellants by long distance telephone. The offer was spoken by the respondent at Ahmadabad and the acceptance was spoken by the appellants at Khamgaon. Alleging breach of the said contract the respondents Mod a suit at Ahmadabad. On the issue of juris.
Judgement Date : march/1965, Citation : 1965 Latest Caselaw 55 SC
A firm doing business in Bombay entrusted goods worth Rs. 35,500 the Railway for delivery in Delhi. The goods were consigned to "self" and the firm endorsed the railway receipts to a Bank against an advance of Rs. 20,000 made by the Bank to the firm. The firm also executed a promissory not.
Judgement Date : february/1965, Citation : 1965 Latest Caselaw 43 SC
Out of a consignment of 60 bales of piece goods despatched by the Railway, under risk-note Form Z, only 29 bales were delivered to the respondent who was the consignee. By sending the consignment thus, the consignor got a specially reduced rate but the burden was thrown on him, of proving misconduct.
Judgement Date : april/1964, Citation : 1964 Latest Caselaw 126 SC
Two of the defendants in the two suits out of which the present appeals arose borrowed a sum of Rs. 80,024-4-9 from the respondent Bank in course of their business by pledging their goods. The Bank discovered that there was shortage in the goods deposited and through its Secretary lodged a complaint.
Judgement Date : january/1964, Citation : 1964 Latest Caselaw 7 SC
The respondents are dealers in tobacco in the State of Madhya Bharat. The appellant imposed sales tax on the sale of imported tobacco by the respondents. But no such tax was imposed on the sale of indigenous tobacco. The respondents filed petitions under Art. 226 of the Constitution for the issue of.
Judgement Date : april/1963, Citation : 1963 Latest Caselaw 113 SC
The appellant filed a suit on the Original Side of the Calcutta High Court against the respondent for the recovery of a certain amount representing the price of coal supplied to the respondent. The appellant's case was that if the contract under which the coal was supplied was illegal by, reason.
Judgement Date : january/1963, Citation : 1963 Latest Caselaw 1 SC
By agreement dated March 21, 1949, the plaintiff contracted to sell leasehold rights in a piece of land and in the building constructed thereon to the defendant. The plaintiff received Rs. 25,000/under the agreement and delivered possession of the building and the land in his occupation to the defen.
Judgement Date : december/1962, Citation : 1962 Latest Caselaw 375 SC
The appellant filed a suit in the Court of the Subordinate judge for a declaration that certain resolutions of the directors and the shareholders in a private limited company passed on March 3 and 28, 1946, and at the meetings of the Directors held thereafter were illegal and void and for a declarat.
Judgement Date : september/1962, Citation : 1962 Latest Caselaw 250 SC
Although s. 135 of the Indian Contract Act does not in terms apply to a surety bond executed in favour of the court, there can be no doubt that the equitable rule underlying that section must apply to it. The reason for the said rule which entitles the surety to a discharge is that he must be able a.
Judgement Date : august/1962, Citation : 1962 Latest Caselaw 235 SC
In respect of a business which the appellant and the first respondent were carrying on in partnership along with others till September 15,1942, the first respondent demanded that the account should be made and the profit? divided between the partners. Disputes arose when dividing the profits that wh.
Judgement Date : may/1962, Citation : 1962 Latest Caselaw 178 SC
Certain goods consigned by a merchant to the respondent. Some of the goods were lost in transit. The respondent sued the railway authorities for damages for the loss on ground that the loss 'Was incurred due to the negligence of the railway authorities. The defence raised was that loss occurr.
Judgement Date : april/1962, Citation : 1962 Latest Caselaw 139 SC
The Prince acknowledged in writing the purchase of the jewellery and the price thereof and passed various acknowledgments in respect of the debts due and the last of such acknowledgments was made for sum of Rs. 27,79,000. In April 1948, the appellants presented their bill and were informed in Januar.
Judgement Date : january/1962, Citation : 1962 Latest Caselaw 4 SC
In 1942, one M sent a proposal for the insurance of his life. He was examined by Dr. D who submitted two reports, one with the proposal form and one confidential. The confidential report showed that M was anaemic, had a dilated heart and his right lung showed indications of an old attack of pneumoni.
Judgement Date : december/1961, Citation : 1961 Latest Caselaw 344 SC
By s. 70 of the Contract Act, "where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously; and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the t.
Judgement Date : march/1961, Citation : 1961 Latest Caselaw 125 SC
The appellant entered into a contract with the respondent for the sale of certain canvas at Re. 1 per yard under which the delivery was to be made through railway receipt for Calcutta for Kanpur. The cost of transport from Kanpur to Calcutta and the labour charges in that connection were to be borne.
Judgement Date : january/1961, Citation : 1961 Latest Caselaw 27 SC
The respondent served on the Railway Administration a composite notice under s- 77 of the Indian Railways Act and under s. So of the Code of Civil Procedure and sued for price of goods and for loss on account of no delivery. The claim was resisted by the Railway Administration on pleas amongst other.
Judgement Date : april/1960, Citation : 1960 Latest Caselaw 78 SC
By an order of the Ruler of the erstwhile State of Hyderabad an institution was formed for the development of industries on behalf of the Government, called the Industrial Trust Fund, to be managed by a committee called Trustees. In 1934 the Trustees entered into agreements with two cotton mills sit.
Judgement Date : october/1959, Citation : 1959 Latest Caselaw 128 SC
The respondent booked certain goods on September 4, 1947, with the N. W. Railway at Quebec in Pakistan to New Delhi. The wagon containing the goods was received at the Indian border station of Khem Karan on November 1, 1947, duly sealed and labelled indicating its destination as New Delhi. It.
Judgement Date : august/1959, Citation : 1959 Latest Caselaw 105 SC
The appellant company, incorporated in India, entered into a contract on June 18, 1945, for the supply of five hundred bales of jute, with the respondent company which was incorporated in England and which had its registered office in London. The contract, inter alia, provided that in the event of d.
Judgement Date : march/1959, Citation : 1959 Latest Caselaw 28 SC
The question for determination in this appeal was whether an agreement of partnership with the object of entering into wagering transactions was illegal within the meaning of s. 23 Of the Indian Contract Act. The appellant and the respondent No. 1 entered into a partnership with the object of enteri.
Judgement Date : september/1958, Citation : 1958 Latest Caselaw 81 SC
Under S. 72 of the Indian Contract Act, 1872: " A person to whom money has been paid . by mistake or under coercion must repay or return it ". The respondent, a registered firm, paid sales tax in respect of its forward transactions in pursuance of the assessment orders passed by the s.
Judgement Date : april/1958, Citation : 1958 Latest Caselaw 35 SC
The respondent company, doing business, inter alia, in the construction of buildings, roads and other works was assessed to sales tax by the sales tax authorities who sought to include, the value of the materials used in the execution of building contracts within the taxable turnover of the responde.
Judgement Date : march/1958, Citation : 1958 Latest Caselaw 23 SC
The appellants entered into a contract with the respondent mills for the purchase of certain goods in which the time for delivery was fixed for the months of September and October, 1942. Before the expiry of the time fixed there was a strike in the mills and the respondent wrote a letter to the appe.
Judgement Date : may/1956, Citation : 1956 Latest Caselaw 42 SC
Rules 2 and 6 of the Rules framed under s. 59 of the Indian Income Tax Act provide that an application for registration of a firm under s. 26-A of the Act and for renewal of registration certificate "shall be signed personally by all the parties". Held that the word 'personally'.
Judgement Date : february/1956, Citation : 1956 Latest Caselaw 14 SC
In connection with the assessment for the assessment year 1949-1950 of Dulichand Lakshminarayan an unregistered firm, an application was made under s. 26-A of the Indian Income- Tax Act, 1922 before Income-Tax Officer, Raigarh, for its registration as a firm constituted under a Deed of Partnership d.
Judgement Date : march/1955, Citation : 1955 Latest Caselaw 20 SC
The appellant, a contractor, entered into a contract with the Dominion of India for the supply of bricks. A clause in the contract required all disputes arising out of or relating to the contract to be refered to arbitration. Disputes arose and the matter was duly referred. The arbitrator gave an.