Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... act authorised the bank to carry on several kinds of business including receiving of deposits, keeping cash accounts, the acceptance of the charge and management of plate, jewels, title deeds or other valuable goods on terms, transacting of pecuniary agency business on commission and the entering into of contracts of indemnity, suretyship or guarantee with specific security or otherwise, the administration of estates for any purpose whether as an executor, trustee or otherwise, and the acting as agent ..... in the shares is substantially reduced, his right to receive dividend from his investment has ceased, and he has suffered great financial loss, he is deprived of the right as a shareholder to carry on business through the agency of the company, and that in respect of the deposits the obligations of the corresponding new banks not of his choice are substituted without his consent.17. in dwarkadas shrinivas v ..... securities. clause (b) speaks of acting as agents for any government or local authority or any other person or persons; the carrying on of agency business of any description including the clearing and forwarding of goods, giving of receipts and discharges and otherwise acting as an attorney on behalf of the customers, but ..... business are: (1) the receiving of scrips or other valuables on deposit or for safe custody and providing of safe deposit vaults, (2) agency business, (3) business of guarantee, giving of indemnity and underwriting and (4) business of acting as executors and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1196; (1971)3SCC751; 1971(III)LC704(SC)
..... number of issues and come to the conclusion that there was defect in the quality of supplies made by the defendant and that the deficiency in the sales in the third year of the agency was due to defect in quality of the tea chest panels manufactured by the defendant without any default on the part of the plaintiff. ..... of the agreement undoubtedly empowered the defendant to terminate the agency in case of appreciable shortfall in the guaranteed annual sale of ..... particularly in view of the fact that the area in which the agency was operative was a large one & k.d.h.p were not the only customers ..... the plaintiffs' case was that the cancellation of the agency agreement was not justified and the fall off in the sales was due to the deterioration in quality of the goods manufactured by the travancore plywood industries, hereinafter ..... accordingly it held that the termination of plaintiff's agency before the expiry of the period of the agreement was unjustified and the plaintiff was entitled to damages for such wrongful cancellation besides the return of ..... that this complaint was received after the expiry of the 3 year of plaintiff's agency and cannot have influenced the k.d.h.p. ..... the appellant entered into a sales agency agreement with the travancore cochin state on may 11, 1950 the material clauses ..... hold that it was the plaintiff who was responsible for breach of the obligations imposed under clause 22 of the agreement and the defendant's termination of the agency agreement was not wrongful. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1290; 1983(2)SCALE309; (1983)4SCC466
..... the lease hold granted by the state government to the first defendant consists of a 'mere right to collect seigniorage' ' from the purchasers of the minor forest produce in the unreserved of the rama agency at the notified shan dies to whomsoever they liked and that the purchasers are entitled to remove the minor forest produce so purchased on payment of seigniorage' to the defendants.though the lease in question ..... of a 'mere right to 30 collect seigniorage' ' from the purchasers of the minor forest produce in the unreserves of the rama agency and that the tribals in the rama agency have a right to sell the minor forest produce in the unreserves of the rama agency at the notified shan dies to whomsoever they liked and that the purchasers are entitled to so purchased on payment of remove the minor forest ..... the division bench found that under rule 2 of the special rules for the management of the reserved and unreserved lands in the rampa agency of the east godavari district all the permanent residents of rampa agency were empowered to gather minor forest produce throughout the said area, free of charge and without permits and that it followed therefrom that the ..... amongst the objects of the corporation were:(1) to purchase outright the produce brought by the members of the scheduled tribes through the agency of any primary marketing society, hereinafter referred to as 'affiliated societies', and market it to the best advantage and for this purpose to take up forest contracts of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1628; (1979)IILLJ217SC; (1979)3SCC489; [1979]3SCR1014
..... show that every test discussed above is satisfied in the case of the 1st respondent and they leave no doubt that the 1st respondent is an instrumentality or agency of the central government and falls within the definition of 'state' both on the narrow view taken by the majority in sukhdev v ..... bhagat ram (supra), we would, for reasons already discussed, prefer to adopt the test of governmental instrumentality or agency as one more test and perhaps a more satisfactory one for determining whether a statutory corporation, body or other authority falls within the ..... same case, propounded a broader test, namely, whether the statutory corporation or other body or authority, claimed to fall within the definition of 'state', is an instrumentality or agency of government: if it is, it would fall within the meaning of the expression 'other authorities' and would be 'state'. ..... functions could have been carried out by government departmentally through its service personnel, but the instrumentality or agency of the corporations was resorted to in these cases having regard to the nature of the task to ..... to examine seriatim each of the factors upon which a corporation is claimed to be an instrumentality or agency of government and to dismiss each individually as being insufficient to support a finding of that effect. ..... the decisions of the court in the united states seem to suggest that a private agency, if supported by extraordinary assistance given by the state, may be subject to the same constitutional .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1225; [1962]32CompCas155(SC); [1961]3SCR998
..... our opinion be no doubt that any company when faced with a situation in which the mills was in this case, and finding that the two partners of its managing agency firm were fighting tooth and nail and there was no love lost between them and also finding that the interest of the mills was suffering and was likely to suffer ..... already held that there was an implied term in the contract of partnership that it will determine when the managing agency agreement with the mills terminates, the partnership in the present case must under the contract be deemed to have determined ..... in the present case there can be no doubt that the quarrels between the two partners of the managing agency firm were so serious and of such duration as to impair their capacity to discharge their duty of the mills as managing agents and ..... after however disputes arose between the appellant and the respondent with respect to the managing agency of the rajendra mills limited, which resulted in various suits being filed between the partners ..... the appellant obviously had two capacities : in one capacity he was a partner of the respondent in the managing agency business, in the other capacity he was a large shareholder of the mills and as such shareholder it was certainly his interest to see that ..... it was found in that case that there were quarrels between the partners of the managing agency firm of such a nature and duration as to impair seriously their capacity to discharge their duty to the company as managing agents and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1796; (1963)65BOMLR292; [1963]2SCR73
..... applicant commits a breach of the export trade control regulations; (g) if the appellant is not eligible for a licence in accordance with the export trade control regulations; (h) if the licensing authority decides to canalise exports through special or specialized agencies or channels; (i) if the applicant is a partner in a partnership firm, or a director of a private limited company, which is for the time being subject to any action under clause 8; (j) if the applicant is a partnership firm or a private limited company, ..... which practically destroyed the trade of the petitioner, be described as a reasonable restriction on his fundamental right under the colour of canalizing exports through specialized agencies or channels, the government conferred virtually a monopoly on a public corporation, crippling in the process the business of mine-owners like the petitioner. ..... even if clause 6(h) of the order was valid, the said order empowers only canalizing exports through special or specialized agencies, that is, through experts in the line of export business, and it cannot be relied upon to canalize the business through the state trading corporation, which is in no way better than the businessmen in that line ..... we have set out earlier the grounds upon which choice of the state trading corporation as the agency for effecting the export trade was determined by the government and we consider that for those reasons there was nothing improper in the choice, but that on the other hand the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC1352; (1959)61BOMLR1602; [1959]37ITR381(SC); [1960]1SCR527
..... paid for securing immunity from the liability to pay higher remuneration to the assessee firm for the rest of the term of the managing agency and, therefore, a capital expenditure and so far as the assessee firm was concerned, it was received as compensation for the deterioration or injury to the managing agency by reason of the release of its rights to get higher remuneration and, therefore, a capital receipt within the decisions of this court in ..... further, they were cases of continuation of personal service on reduced remuneration simpliciter and not of acquisition, wholly or in part, of any managing agency viewed as a profit-making apparatus and consequently the effect of the agreements in question under which the payment was made upon the profit-making apparatus did not come under consideration ..... can this amount be said to have paid as compensation for the cancellation or cessation of the managing agency of the assessee firm, for the managing agency continued and, therefore, the decision of the judicial committee of the privy council in commissioner of income- ..... be regarded as having been paid as compensation for this injury to or deterioration of the managing agency just as the amounts paid in glenboig's case or vazir sultan's case were held to be ..... were correct, then, on a parity of reasoning, our decision in vazir sultan and sons' case, would have been different, for, there also the agency continued as before except that the territories were reduced to their original extent. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC252; [1955]25CompCas9(SC); [1955]27ITR49(SC)
..... the high court recognized the fact that the main purpose of the assessee company was to acquire a managing agency and a directorship but held that as that object was not achieved because the acquisition of the managing agency became impossible and as it withdrew the shares and sold them at a profit, it must be regarded as the profits of the business or the adventure ..... it seems that the object of the assessee company in buying shares was purely to obtain the managing agency of the third mill which no doubt would have been an asset of an enduring nature and would have brought them profits but there was from the inception no intention whatever on the part of the assessee company to ..... naturally when the third mill was not erected and the object of securing the managing agency became impossible of fulfilment the assessee company withdrew the shares and sold them at a profit ..... , however, that the intention and purpose of the adventure was to obtain the managing agency of the sugar mill and the directorship in the sugar company and this fell within the object (c) 'to undertake the management of a commercial undertaken' and therefore the true nature of the transaction was an ordinary business ..... 5,00,000 in the sugar company in lieu of which it was to be given the managing agency of the third mill of the sugar company - not in existence at the time but expected to be erected in 1933 - when such mill was erected, on the same terms as given by the sugar company to other managing agents of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC232; JT1986(1)SC950; 1986(2)SCALE913; (1987)1SCC66; [1987]1SCR383; 1987(1)LC501(SC)
..... -which period is now curtailed to three to four weeks-and thereafter it takes another four weeks in mail for sending the child study and medical reports to the sponsoring agency abroad for being handed over to the foreigner for his approval and awaiting the receipt of approval and then a further period of two months is allowed for the ..... foreign parents as also in the case of an application on behalf of an indian or hindu parent, a copy of the order made by the court appointing the scrutinising agency shall be supplied to the scrutinising agency immediately after the order is made, together with the papers and documents submitted to the court in support of the application for appointment of guardian or for permission to ..... direction given by us in paragraph 6 of the supplemental judgment dated 27th september 1985 by providing that whenever a child is produced before the juvenile court by a recognised placement agency for a release order declaring that the child is abandoned or destitute so as to be legally free for adoption, the juvenile court must in all such cases complete the ..... whilst the application for a release order is pending before the juvenile court or the social welfare department or the collector, the recognised placement agency which has found the child or to which the child is transferred by the social or child welfare agency finding the child, may proceed to explore the possibility of offering the child in adoption and the child may be offered simultaneously to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC917; [1969]73ITR634(SC); [1969]1SCR951
..... company for the purpose of settling their individual accounts and that the payment of the amount in question was made only as a part of this device : (d) that the disputes between the partners of the managing agency firm could not, in any way, have affected the carrying on of the normal business of the company; and (e) that the company gained nothing by terminating the managing ..... for the company urged two arguments in support of the claim for allowance : (1) that the main object in terminating the managing agency was to save the company from loss which the company would have suffered on account of the disputes between the two groups of partners of the managing agency firm; and (2) that the company was by the payment absolved from liability to the remuneration of the managing agents for the ..... there was no evidence that any specific functions were entrusted to the managing agents, besides those specified in the managing agency agreement, and it was conceded by the representative of the managing agents that after the termination of the managing agency agreement on september 30, 1944, 'no change took place besides that ram rattan and ram praised who were the ex officio directors became ..... the tribunal primarily relied upon the facts that before and after the termination of the managing agency agreement, only two directors, lala ram rattan gupta and lala ram prasad gupta, carried on the business of the company and no explanation was rendered before the tribunal about the specific .....
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