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Roshanlal S. JaIn and ors. (Aop) Vs. Deputy Commissioner of Income Tax ...
Gujarat
Sep-23-2008
Direct Taxation
Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Articles 14 and 20(2); Income Tax Act, 1961 - Sections 2, 2(1), 3, 4, 139, 140A, 142, 143, 144, 190, 207, 208 to 219, 234A, 234B and 234C; Indian Contract Act, 1872 - Sections 59 to 61
(2008)220CTR(Guj)38; [2009]309ITR174(Guj); [2009]176TAXMAN95(Guj)
the Constitution.7.5 An incidental contention was also raised based on provisions of Sections 59 - 61 of the Indian Contract Act, 1872 to submit that the respondent authority had erred in law in not treating the amount of tax paid … under Section 144,on the amount of the tax on the total income as determined under Sub-section (1) of Section 143 or on regular assessment as reduced by the advance tax, if any, paid and any tax deducted or
Tag this Judgment! AI Brief & AskRattan Devi and anr. Vs. SuraIn Singh
Punjab and Haryana
Aug-07-1972
Limitation
Limitation Act, 1908 - Schedule - Articles 113, 116 and 143; Indian Contract Act, 1872 - Sections 73; Transfer of Property Act, 1882
AIR1973P& H285
as well as in Article 116 has the same meaning as it has in Section 73 of the Indian Contract Act, and denotes a sum of money payable to a person on account of loss or damage caused to … in Art. 116 in the same sense in which it has been used in s. 73 of the contract Act, 1872. The matter has been settled by a Full Bench of Lahore High Court in Mahomed Ghasita v. Siraj-ud-din … submitted that the case would be governed by Article 116 or Article 143 and not by Article 113. The said articles are also reproduced below
Tag this Judgment! AI Brief & AskDebendra Nath Dutt and Banku Behary Banerjee Vs. Administrator-general ...
Kolkata
Mar-23-1906
Property
(1906)ILR33Cal713
relating to contracts of guarantee is to be found in Chapter VIII of the Indian Contract Act of 1872, and the mistakes, which invalidate such contracts, are specified in Sections 142 and 143. These mistakes must be … the question of mutual mistake. It is said that the case is governed by Section 20 of the Indian Contract Act, which says that, where both the parties to an agreement, are under a mistake as to a matter
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Siben Kumar Mondal Vs. Hindustan Petroleum Corporation Ltd. and Anothe ...
Kolkata
Feb-16-1995
Constitution
Evidence Act, 1872 - Section 115;; Constitution of India - Articles 12, 14, 138, 141, 143(1), 217 and 226;; Essential Commodities Act, 1955 - Section 3;; Delhi Road Transport Authority (Provisions of Appointment and Service) Regulation - Regulation 9;; Indian Contract Act, 1872 - Section 23;; Arbitration Act, 1940 - Section 34;; Companies Act, 1956;; Licensing Act, 1872
AIR1995Cal327
of Appointment and Service), Regulation was hit by Art. 14 of the Constitution and Section 23 of the Indian Contract Act or not.29. In re The Special Courts Bill, 1978 reported in : [1979]2SCR476 the Supreme Court while considering … House of Lords was called upon to consider the scope of some of the provisions of the Licensing Act 1872 which gave discretion to the Magistrates in granting certain licenses. The question for decision was as to the … made to it by the President of India in terms of Art. 143(1) of the Constitution of India relating to constitutionality of the Special Courts
Tag this Judgment! AI Brief & AskM/S Versatile Commotrade Private Limited vs.smt Kesar Devi and Ors
Delhi
Apr-22-2019
Land Acquisition
Agreement to Sell would have to be analyzed and determined as per Section 73 and 74 of the Indian Contract Act, 1872. The law on this subject has been settled by the Constitution Bench decision of the Supreme Court in … HIGH COURT OF DELHI AT NEW DELHI Reserved on: April 10, 2019 Pronounced on: April 22, 2019 CS(OS) 143/2018 Through: Mr. Nikhilesh Krishnan, Advocate M/S VERSATILE COMMOTRADE PRIVATE LIMITED ..... Plaintiff SMT KESAR DEVI AND ORS Through:
Tag this Judgment! AI Brief & AskSundrabai Sitaram Narangikar Vs. Manohar Dhondu Khandalgaonkar
Mumbai
Nov-21-1932
PropertyService
AIR1933Bom262; (1933)35BOMLR404
the provisions of Section 33 of the Bombay District Police Act, 1890, read with Section 23 of the Indian Contract Act, 1872. - Section 3: [S.B. Mhase, D.S. Bhosale & A.S. Oka, JJ] Offences of atrocities - Complaint under Held, … Syndicate, Limited v. Dolt [1905] 2 Ch. 624, 629, and Anderson, Ld. v. Daniel [1924] 1 K.B. 138, 143, followed;;(2) That the effect of illegality in the matter or purpose of the agreement was to render it
Tag this Judgment! AI Brief & AskK. Ramachandra Rao and ors. Vs. State of A.P. Rep. by Public Prosecuto ...
Andhra Pradesh
Dec-27-2004
Criminal
Negotiable Instruments Act, 1881 - Sections 7, 9, 138, 139, 142 and 143 to 147; Powers of Attorney Act, 1882 - Sections 2; Contract Act, 1872 - Sections 183; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 39, 142, 190, 190(1) 190(2) 192, 195 to 199, 200, 313 and 313(1); Evidence Act, 1872 - Sections 60; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; General Clauses Act; Indian Penal Code (IPC) - Sections 202, 497 and 498
2005(2)ALT607; III(2005)BC111; 2005(2)CTC417; [2005(3)JCR390(AP)]
hearing before one of us (C.Y. Somayajulu, J.), since Powers of Attorney Act, 1882, and Section 183 of Contract Act, 1872, recognizing the principle QUI FACIT PER ALIUM FACIT PER SE were not considered while rendering the said decision, … try the offences under Section 138 of the Act summarily and Sections 143 - 147 are introduced into the Act.Section 145 of the Act reads:'(1) … police or to the Magistrate about the same. Otherwise, they would be committing an offence under Section 202 IPC and significantly Section 39 Cr.P.C. casts the burden to prove his innocence on the accused. In respect of
Tag this Judgment! AI Brief & AskSiddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others
Mumbai
May-10-2013
Arbitration
being in default could not and did not arise. It is submitted that under Section 39 of the Indian Contract Act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but … (1843-60) ALL ER Rep 12) and The Danube and Black Sea Co. Vs Xemos (1863) 3 CBNS S25, 143 ER 325) on the one hand and Avery and Bowden (1855) % E and B 714, 119 ER
Tag this Judgment! AI Brief & AskG. Krishnappa and ors. Vs. Sangli Bank Ltd. and ors.
DRAT Madras
Jul-29-2005
Land Acquisition
IV(2005)BC136
Rule 6, C.P.C. and Section 25 of the Indian Partnership Act, 1932, read with Section 42 of the Indian Contract Act, 1872. Order 1 Rule 6, C.P.C. states that, "The plaintiff may at his option, join as parties to the … the creditor, or with his knowledge and consent, concerning a material part of the transaction is invalid" and Section 143 states, "Any guarantee which the creditor has obtained by means of keeping silence as to material circumstances, is
Tag this Judgment! AI Brief & AskKashiba Family Trust Vs. Income-tax Officer
Income Tax Appellate Tribunal ITAT Ahmedabad
Jul-26-1985
Direct Taxation
(1986)15ITD383(Ahd.)
kindly note that the assignors here were competent to contract being of full aged as required under the Indian Contract Act, 1872 and the trustees have been also kept informed and communicated of the said assignment. 4. The beneficial interest … 1. In this appeal, the assessee is contesting the order passed by the Commissioner under Section 263 of the Income-tax Act, 1961 ('the Act').2. The assessee is a trust and is assessed in the … advocate, represented the assessee in response to the notice issued under Section 143(2) of the Act. Assessee is a specific trust doing shroff business. After
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