Judgment Search Results Home > Cases Phrase: deposit pre contract Court: allahabad Page 100 of about 1,561 results (0.052 seconds)

Suraj NaraIn Srivastava Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR2003All259

..... paragraph 12 of the said decision, the supreme court observed thus :--'it must therefore be taken to be the law the act where the government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largesse, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity ..... the view that the said orders suffered from no infirmity.with regard to the order dated 23-7-90 it thus, observed in para 20 :-- 'as the facts narrated earlier show, out of 26 respondents-law officers, the period of contract of nine of them had expired and they were continued till further orders. ..... this is apart from the fact that the terms of the contract also provided that the appointment could be terminated at any time ..... governmental action even in the matters of entering or not entering into contracts, falls to satisfy the test of reasonableness, the same would be ..... from the inception some engagements and contracts may be the product of the operation of ..... the state and private individual in the field of contract has to be borne in the mind. ..... discretion of the government in the matter of grant of largesse including award of jobs, contracts, quotas, licences etc. ..... basic test in every state action is sine qua non to its validity and in this respect the state cannot claim comparison with a private individual even in the field of contract. .....

Sir Padampat Singhania and ors. Vs. Commissioner of Gift-tax

Court : Allahabad

Reported in : (1988)68CTR(All)87; [1988]172ITR292(All); [1988]37TAXMAN1(All)

..... where it is stated : 'these words were introduced by the select committee which remarked : ' the committee feels that debts, contracts, actionable claim or interest in property which are written off, compounded or remitted bona fide, should not be treated as gifts ..... letter dated january 17, 1979, authorising the bombay company to recoup its loss was to the following effect:'in view of the fact that these deposits were made in the continuous process of supporting your company in holding substantial block of shares in the new kaiser-i-hind spg. ..... (1) for the purposes of this act,-- (c) where there is a release, discharge, surrender, forfeiture or abandonment of any debt, contract or other actionable claim or of any interest in property by any person, the value of the release, discharge, surrender, forfeiture or abandonment, to the extent to which it has not been found to the satisfaction of ..... under section 4(1)(c), the value of the release, discharge, surrender, forfeiture or abandonment of any debt, contract or other actionable claim, or of any interest in the property to the extent it has not been found to the satisfaction of the gift-tax officer to be bona fide, shall be deemed to be a gift made by a ..... in part iii-b thereof, an assessee is required to furnish certain information under the following caption:'details of release, discharge, surrender, forfeiture or abandonment made by the assessee of any debt, contract or other actionable claim or of any interest in property.'10. .....

L. R. Brothers Vs. Commissioner of Income-tax, Allahabad.

Court : Allahabad

Reported in : [1957]31ITR815(All)

..... the tribunal said that the simple point for determination as regards the cash credits before them was whether the appellant had been able to prove that the cash deposits represented his accumulated income from the year 1930 to 1944 from his agricultural farm and from his business of seeds etc. ..... us, wanted to urge that the order of the income-tax appellate tribunal rejecting the various explanations given by the assessee for the sources from which he had drawn the money in order to make those deposits was incorrect and was without material, so that that portion of the order of the appellate tribunal should be scrutinized by us and corrected. ..... tribunal relied on the facts that even the appellant had not been able to meet the point raised by the income-tax officer relating to the appellants having a contract for packing and about the appellants doing business in the supply of seeds in the previous year in question. ..... 68,958 was derived from the business in supply of seeds and the contract for packing which the assessee had been carrying on during the previous year in question and the income was concealed by improper maintenance of ..... 29,376 can be added to determine the assessees total income on the basis of the deposits appearing in his books.in the circumstances of this case, the parties should bear their own costs.reference answered ..... 12,782 in vegetable contract account and the finding given was that no such loss was ..... 782 added for wrongly shown loss in vegetable contract account. .....

Parashuram Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2008(3)AWC2668

..... in accordance with rule 116 of the rules framed under the act, and that he had stated that he had paid the dues and had obtained no dues certificate, the burden lay on him to prove the deposits and the receipts by which he had paid the amount and to produce the same to discharge the burden. ..... once the elected candidate accepted the fact that he was given a contract for collecting tehbazari and that he was required to pay the dues, the burden shifted upon him to establish that he had paid the dues and that the no dues certificate was issued after paying ..... it was clearly stated in the election petition that shri parashuram shukla has not deposited these amounts and thus his nomination could not be accepted, and is in clear violation of the rule 18(2)(b) of u.p. ..... 1, found that the petitioner was given contract to collect 'tehbazari' in the years 1996-97 and 1997-98. ..... , 1996-97, when he was again given a contract of the year 1997-98. ..... the rule shifts the burden upon the defaulter, included in the list of defaulters, to file a protest or to deposit all the dues. ..... the opposite party had to prove that after his name was included in the list, he has deposited the defaulted amount. ..... in the election petition it was stated that the petitioner had not deposited the dues of rs. ..... shri parashuram shukla did not produce any receipt or any certificate to prove that he had deposited the dues. .....

Brij Kishore Jaiswal And Another Vs. State Of U.P. Thru' Princ. Secry. ...

Court : Allahabad

..... later part of rule 12 of the rules, merely entitles the licensing authority to avoid the contract for non-deposit of the security amount; his inaction to do so does not absolve a successful applicant from their ..... petitioners were successful in the lottery and their lottery slips/ applications were counter signed by the licensing authoritythe contract was complete and issuance of licence was merely a formality;if the lottery slips are counter signed then there was acceptance by the licensing authority and it cannot be said that the contract was not complete or the petitioners are relieved from paying the licence fee on the mgq merely for ..... the second wp the entire security amount has been deposited however, it is beyond 20 days mentioned in rule 12 of the rules.however, in our opinion, this is immaterial so far as contract between the parties is concerned.petitioners' applications were counter ..... the licence fee is the consideration for parting that privilege; (c) there was a contract between the parties and the petitioners are liable to pay licence fee on the mgq; (d) even if there was no contract, the petitioners are estopped from challenging the recovery of licence fee on the mgq; (e) rajendra singh ..... the counsel for the petitioners submitted that: in case the security amount was not deposited within time then selection stood cancelled; the respondents should have cancelled the selection and ought to have forfeited the earnest money, the basic licence fee, and the security amount; .....

Bank of Baroda Vs. Indochem and Varnish Industries

Court : DRAT Allahabad

Reported in : II(2006)BC56

..... all hussain and company, wherein it has been held while interpreting section 72 of the contract act that even if on mistaken belief, cheque has been encashed, unless it could be shown that there was undue enrichment in favour of the party, recovery cannot be made. ..... but considering the factual aspect which is undisputed, it could be found that the demand draft amount has been deposited in the case credit account of the appellant-bank in the name of defendant nos. ..... here the defendants have not enriched, rather they have sold their products against the amount deposited and they have got the price of it by encashing the demand draft. ..... 1 to 4 the tribunal held that the claim comes within the ambit of the definition of debt as per section 2(g) of the rddbfi act, but on application under the provision of section 72 of the contract act, it was held that there was no enrichment by the defendant nos. ..... they had not parted with their products before the encashment of the demand draft and they had withdrawn the demand draft amount on much later date and not immediately after depositing of the demand draft with the appellant-bank. ..... 1 to 4 who had parted with their products with the firm who had forged the draft and then such forgery had also been ended in conviction by appreciation of section 72 of the contract act. .....

Dr. (Mrs.) Shabbir Fatima and ors. Vs. the Chancellor, University of A ...

Court : Allahabad

Reported in : AIR1966All45

r.s. pathak, j.1. the petitioners, who are lecturers of the university of allahabad, pray for a writ in the nature of quo-warranto to enquire from the chief justice of this court and sri sri prakash by what authority they purport to act as members of the committee constituted under section 11 (4) of the allahabad university act and for a writ in the nature of mandamus directing the chancellor not to accept the recommendations made by the committee so constituted.2. the university of allahabad was established and incorported by the allahabad university act, 1887. it is presently governed by the allahabad university act, 1921. the vice-chancellor, who is a wholetime officer of the university, and its principal executive and academic officer, is appointed by the chancellor of the university under the act which provides the mode of appointment. the act has been amended from time to time, and for reasons which it is not necessary to mention here, the provision laying down the procedure governing the appointment of the vice-chancellor, was amended by the uttar pradesh university act, 1961, and a new provision was substituted for the earlier one. this provision, which is section 11 of the act, in its material portion is reproduced below:'11 (1). the vice-chancellor shall be a wholetime officer of the university and shall be appointed by the chancellor from amongst the persons whose names are submitted to him by the committee constituted in accordance with the provisions of sub- .....

U.P. Petroleum Traders' Association, Allahabad and another Vs. Union o ...

Court : Allahabad

Reported in : 2000(1)AWC683

..... that article or thing in excess of the quantity or number contracted for and paid for, or (iv) in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for and paid for ; shall be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence, with imprisonment ..... or thing by weight, measure or number, delivers or cause to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted for and paid for, or (ii) in rendering any service by weight, measure or number, renders that serviceless than the service contracted for and paid for, or (iii) in buying any article or thing by weight, measure or numbers, fraudulently receives, or causes to be received any quantity or number of ..... and for second and subsequent acts imprisonment upto 1 year and with fine for those who enter into any contract or agreement except for export in which any weight/measure/number is expressed other than the standard ones.12 ..... (3) whoever enters, after the commencement of this act, into any contract or other agreement (not being a contract or other agreement for export) in which any weight, measure or number is expressed in terms of any standard other than the standard weight or measure, shall be punished with fine which may extend .....

M. K. Brothers Private Limited Vs. Commissioner of Income-tax, U. P.

Court : Allahabad

Reported in : [1967]63ITR28(All)

..... by the lender from the borrower for some agreed bonus or for something that there is no obligation of the borrower to pay other than the obligation created by the contract that is being made between the parties at the time, then you may not state the entire amount to be an advance made at the time.... ..... ;(2) full salary received by an assessee, though part of it was not actually received and was retained by his employer for being credited to a compulsory deposit fund : bell;(3) a sum credited by an employer to the account of the assessee employee under the provident fund scheme, though no part of it was payable to the assessee so long as he continues in service and he could not raise ..... an engagement in the service of the manchester corporation, and if he chooses to enter into the service of the manchester corporation, he is really voluntarily entering into a service which he knows will carry with it as part of the contract his agreement that this percentage shall be deducted from his wages, and that it shall be appropriated to the purposes defined in the scheme. ..... eight lakhs and odd less by the amount of the security and the price of the bales, that under the contract between it and kailash nath agarwal it was 'entitled to receive one-seventh of the commission due to the new selling agency ..... the corporation held its security deposit of rupees one lakh and 299 bales of cotton on its account; after deducting the amount of the security and the price of the bales, a large amount was .....

Commissioner of Income-tax Vs. J.K. Cotton Spinning and Weaving Mills ...

Court : Allahabad

Reported in : (1986)57CTR(All)215; [1987]164ITR18(All); [1986]29TAXMAN207(All)

..... in the present case, there is a separate transaction of contract between the assessee and insurance company and in lieu of this transaction, it received the compensation. ..... this merely defines the word 'insurance' as a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils, the agreed consideration is the 'premium', the written contract, a 'policy', etc. ..... the money received is the money in lieu of the property insured and the premium amount is only the consideration for the contract under the policy. ..... the learned advocate-general tried to build up his argument that the money received by the insurer is not for extinguishment of the right in the property but is in lieu of the premium which he has paid under the contract. .....