Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh Page 15 of about 16,315 results (0.063 seconds)

Srinivasa Stainless Steel and Moulding Works Vs. Commissioner of Incom ...

Court : Andhra Pradesh

Reported in : (1987)63CTR(AP)291; [1987]167ITR1(AP)

..... section 11 of the contract act, 1872, only persons who attained majority and are not of unsound mind and not disqualified from contracting by any law, are competent to enter into a contract. 5. ..... at the instance of the assessee, the following question has been referred to this court by the income-tax appellate tribunal under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in law in refusing to grant registration to the assessee-firm on the ground that the guardian of the minor admitted to the benefits ..... the aforesaid provisions of the relevant law, it is clear that no obligation is cast on the minor to sign on the application seeking registration for the purposes of the income-tax act; nor is there any such obligation on the natural guardian of a minor to append his signature for and on behalf of the minor. ..... in the case on hand, the question whether there is any other evidence leading to the inference that some one acted as a natural guardian of the minors to receive the benefits of the partnership, is outside the scope of the present reference. ..... the calcutta high court observed (at page 307) : 'even under the provisions of the income-tax act, there was no provision that a complete instrument only was valid for registration, that is, an instrument not requiring a supplementation by other evidence but solely operating and containing in itself the complete agreement constituting the partnership.' .....

Bajaj Allianz General Insurance Co. Lt Vs. Botu Janardhana Rao and 3 O ...

Court : Andhra Pradesh

..... claim of the claimants against the insurer to indemnify pursuant to said policy more particularly under the contract of agency covered by chapter 10 of the indian contract act, 1872, the general law apart from the special provisions under the insurance act is sustainable. ..... any transfer of the crime vehicle and to seek for attachment of the crime vehicle or other property of the insured as an assurance for execution and recovery in the same proceedings or under revenue recovery as per the mv act, 1988 and also ask the tribunal not to disburse the deposited amount to claimants (but for to invest in a bank) till such attachment order is made and made absolute from appearance and hearing. ..... object of sections 147 & 149 of the mv act enacted was social justice doctrine envisaged in the preamble of the constitution, however, the act itself provides where the insurance company can avoid its ..... the vehicle; in the absence of which even the driver was not having valid driving licence, the insurer has to pay to satisfy the claim of the claimants under sections 149 r/w 166 & 168 of the act and to recover the same from the owner. ..... of such liability by insurer largely depends upon violation of conditions of the insurance contract. ..... tribunal') in m.v.o.p.no.16 of 2008, dated 29.07.2011, awarding compensation of rs.4,39,000/-(rupees four lakhs thirty nine thousand only) with interest at 7.5% per annum as prayed for in the claim petition under section 166 of the motor vehicle act, 1988 (for short, 'the .....

The Bagh Amberpet Welfare Society (Regd. Vs. State of A.P., Rep. by It ...

Court : Andhra Pradesh

..... of the contract act, 1872 defines fraud as an act committed by a party to a contract with the ..... of the contract act defines fraud as act committed by a party to a contract with intent ..... cooperative housing society is at liberty to work out its rights as against the land owner in appropriate proceedings; (vi) applications under section 20 of the ceiling act seeking exemption from the operation of the act said to be pending with the government since 1976 shall be disposed of in accordance with law as expeditiously as possible and preferably within a period of ..... in this case, the forest tribunal had also been moved by way of review and that tribunal refused to exercise its jurisdiction under section 8-b of the act and nothing stands in the way of the high court setting aside that order on a finding that the original order from the forest tribunal was secured by ..... material available on record reveals that the state government pressed into service the provisions of land acquisition act, 1894 (hereinafter called the act) and issued a draft notification under sub- section (1) of section 4 of the act vide g.o.rt.no.68 health, housing and municipal administration department dated 4.6.1975 for the purpose of acquiring a ..... land acquisition, mch passed an award vide proceedings a2/452/79 dated 22.6.2000, referring the matter under sections 30 and 31(2) of the land acquisition act to the city civil court, hyderabad for determination of title and payment of the awarded amount to the rightful owners. .....

Jaleel Ahmed Siddiqui Vs. Mohd. Mahmood Khan

Court : Andhra Pradesh

Reported in : 2004(4)ALD520

..... explanation to this rule, expressly excludes the agreements or compromises, which are void or voidable under the provisions of the indian contract act, 1872, from the purview of this rule, as lawful.24. ..... to the substantial question of law as to whether both the courts below are right in rejecting the plea raised by the appellant herein that when the terms of compromise entered into between the parties were practically acted upon, though subsequently denied by the plaintiff, the rejection of compromise memo for the simple reason that it was not accompanied by a petition and there is delay in filing the same, is proper.22. ..... therefore, the courts below, instead of rejecting the claim of the defendant that compromise was entered into and acted upon, ought to have passed a decree in accordance with the terms of the compromise.28. ..... 22-8-15/3 and 4 or 22-8-60/17 and the suit house was constructed long back prior to 1975, sq the rent control act is applicable and civil court has no jurisdiction to try the suit. ..... ultimately, trial court rejected the plea of the defendant that there was a compromise on the ground that it was not acted upon, and the suit of the plaintiff was decreed. ..... evidently, the defendant was examined as dw-1 and exs.b-1 to b-20 were marked to substantiate the contention that the compromise was acted upon. .....

N.V. Ramaiah Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 1988(35)ELT38(AP)

..... 72 of the contract act 9 of 1872 and s. ..... 72 of the contract act 9 of 1872. ..... once the power of the court to grant relief under section 72 of the contract act is held to be equitable,, it would be ineuitable to confer upon the plaintiffs a greater advantage than that was obtained by the writ-petitioner, syntho-pharm, who had taken the rouble of questioning the levy and successfully challenged ..... 70 and 72 occurring in chapter 5 of the contract act relating to quasi-contracts cannot be effectively employed in working out the right between the state and the citizen, in particular when tax was collected under unconsitutional law ..... in fact the contract act makes a distinction between the effect of mistake of law and mistake of fact on agreements entered into between parties. s ..... 72 of the indian contract act must be given effect to in this country, in view of the pronouncement of the privy council in shiba prasad singh v ..... 70 of the indian contract act if he had adduced evidence in support ofhis claim, but the trial court has examined the evidence on this point and reached the conclusion that the appellant did collect lac in the jungles in the year ..... and a few other sections, occurs in chapter v of the contract act, which deals with certain relation resembling those created by contracts. ..... 72 of the contract act, the court's discretion to grant or refuse the relief is intact, and has to be exercised only to further the ends of justice and to prevent unjust enrichmen, andnot for th opposite purpose .....

M/S. Lotus Constructions Vs. the Government of Andhra Pradesh and Anot ...

Court : Andhra Pradesh

Reported in : AIR1997AP200; 1997(2)ALT608

..... venkataramanaiah, the learned advocate general appearing on behalf of the state counters the submissions made on behalf of the petitioner and submits that there is no concluded contract as such between the petitioner and the respondents and the decision of the government to entrust the project to the petitioner is subject to further scrutiny of finalising the terms and conditions to be witnessed by a mou and ..... to file a suit for specific performance of the contract in which case the court will decide, having regard to the facts and circumstances of the case and the provisions of the specific relief act, whether the plaintiff should be granted specific performance of the contract or only a decree for damages for breach of a contract. ..... section 175(3) of the government of india act, 1935, held that section does not in terms require that a formal document executed on behalf of the dominion of india, and the other contracting party, alone is effective. ..... the doctrine of promissory estoppel was evolved to protect a promisee who acts on the faith of a promise/representation made by promisor and alters his position even though there is no consideration for the promise and even though the promise is not recorded in the form of a formal contract. ..... course have acquired the monopolist position in matters of sale and purchase of products and with somany venture in hand, they can come out with a plea that it is not always possible to act like a quasi-judicial authority while awarding contracts. .....

Y. Konda Reddy Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : AIR1997AP121

..... further held that, 'where the government makes promise informing that it would be act on promisee and, in fact the promisee, acting in reliance on it, altered his position, the government would be held bound by the promise and the promise would be enforceable against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise' and the promise is not recorded in the form of a formal contract as required by article 229 of the constitution of india. ..... , therefore, now be taken to be settled as a result of this decision, that where the government makes a promise knowing or intending the promisee, acting in reliance on it, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the constitution. ..... the promisee will then have to file a suit for specific performance of the contract in which case the court will decide, having regard to the facts and circumstances of the case and the provisions of the specific relief act, whether the plaintiff should be granted specific performance of the contract or only a decree for damages for breach of contract. .....

Shankerlal Gupta Vs. V. Jagadishwar Rao

Court : Andhra Pradesh

Reported in : AIR1980AP181

..... therefore, it is quite manifest from the conclusion that the entire decision was with reference to section 3 of the rent control act in the light of section 23 of the contract act, and we have no hesitation in holding that the judgment in eswaraiah's case is not an obiter dictum as contended by the learned counsel for the ..... that was framed to be answered was: the short but important question is whether a tenancy created in contravention of the provision s of section 3 of the hyderabad houses (rent eviction and lease) control act (xx of 1954) hereinafter called 'the act' is void and unenforceable under section 23 of the indian contract act as being one that is forbidden by law and opposed to public policy. ..... though in the judgment, the provisions of section 3 of the rent control act and its attraction to section 23 of the contract act and the consequential effect have been discussed and it is held that the tenancy created in contravention of section 3 of the rent control act is illegal and void and the rent controller has no jurisdiction, the said principle was not applied to the facts ..... rajan (supra) a division bench of the madras high court held that under section 23 of the indian contract act an agreement is not unlawful unless it is forbidden by law, or the court regards it as opposed ..... is opposed to public policy and is, therefore, hit by the provisions of section 23 of the contract act, and consequently it should be held illegal and void cannot be acceded to either. 22. .....

Amali English Medium High School and Another, Ect. Vs. the Government ...

Court : Andhra Pradesh

Reported in : AIR1993AP338; 1993(3)ALT294

..... to be noted that the state government (education department) knowing fully well that the notification issued under section 7 of act 5/83 was in force, framed rules under the education act evolving certain criteria for the determination of fees structure by the managements themselves which shall be subject to the maximum prescribed by ..... the state government would not have intended that the fee scales prescribed under act 5/83 more than three years back should be forced on the managements of private unaided schools till such point of time as the government chooses to prescribe the ..... intention of the government and the unjust consequences that would have otherwise followed and acting upon the instructions of the client, the learned advocate general gave a particular ..... 379 which is in the nature of statutory notification issued by the state government under section 7 of act 5/83 could also be brought within the ambit of the expression 'rules on the subject' and ..... counsel submits that even'if the education act is considered to be a general one and act 5/83 as a special enactment, the rules made under the later general enactment ought to prevail over the earlier notification issued under act 5'/.83 in view of the conflict between ..... 'it was held in that case that section 80 of the railways act was a complete and self-contained code in regard to place of suing for compensation against railways and it constitutes a special law for such suits and therefore by necessary implication, the operation .....

The Andhra Pradesh State Electricity Board and ors. Vs. Patel and Pate ...

Court : Andhra Pradesh

Reported in : AIR1977AP172

..... as penalty having regard to the fact that the goods shall have to be procured from calcutta; the parties are aware of the fact that time cannot be considered to be the essence of the contract; and even otherwise, the defendants accepted the goods by taking delivery of the goods without any objection, and, therefore, they do not have any power to cancel and the suit cannot be said ..... of the contention that time is the essence of the contract, especially if it is a commercial one, reliance was placed by the learned counsel for the appellants on the provisions of section 55 of the indian contract act as interpreted by the supreme court of india in the ..... contract act says that:'when a party to a contract promises to do a certain thing at or before a specified time, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performed becomes voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract ..... of the contract act in that ..... for the appellants contended that the board is entitled to cancel the contract under clause 9 of the contract and the cancellation is valid; it is the option of the board either to levy the penalty or to cancel the contract; time is the essence of the contract, the contract being a commercial one, the delivery made by the plaintiff is no delivery at all in the eye of law; the suit is barred under section 82 of the electricity (supply) act. .....