Judgment Search Results Home > Cases Phrase: deposit pre contract Court: allahabad Page 93 of about 1,561 results (0.039 seconds)

Churk Cement Mazdoor Sangh, Churk and Others Vs. State of U.P. and Oth ...

Court : Allahabad

Reported in : AIR1992All88

..... for this purpose, the state government is directed to deposit a sum of rupees three lakhs into the court within ten days from today. ..... the company has also a subsisting contract with bokaro steels for supply of slag at a rate less than 1/3rd of the current market rate. ..... it has entered into a contract with bokaro steels for supply of slag at concessional rates, which has still 20 years to run. ..... there is a subsisting contract for supply of slag with bokaro steels, where-under, according to the petitioners, the corporation gets slag at 1/3rd of the market rate. ..... this contract has still to run for 20 years. ..... the petitioners have further alleged that the total value of these assets including the limestone mines and bokaro contract is rs. ..... the promoter will bring in funds re-quired for the short term and long term investments in the corporation according to a pre-determined investment plan. 5. ..... he informed them that there ought to be no retrenchment of workers and that it was a pre-condition to any agreement. .....

Ram Charan Das Vs. Mst. Girjanandani Devi and ors.

Court : Allahabad

Reported in : AIR1959All473

..... deed and that the mutation of names be effected accordingly, provided always and it is hereby agreed that whenever such an interpretation would be requisite in order to give the fullest scope and effect legally possible to any covenant or contract herein contained the expression 'the first party', 'the second party' and the 'third party' hereinbefore used shall include all persons and heirs, successors, representatives, transferees and assigns of each and every ..... to above or any other amount which in their opinion is not legally due from or binding on the kanhaiya lal estate, the parties to this deed agree that the amount so demanded by the court of wards, allahabad shall be deposited with it under protest but the parties to this deed reserve to themselves the right to have the validity and the binding nature of any such so-called debt determined by a court of competent jurisdiction and claim the ..... person on whose behalf and for whose benefit the first party, the second party or the third party is entitled to contract or accept the benefits of a contract whether such persons are named herein or notin witness hereof the parties hereto set their hands this day the 31st day of march, 1933, on this partition deed. ..... gangadin air 1938 oudh 97, where it was held that :'the essence of a family arrangement is a mutual recognition of a pre-existing right of the parties to the settlement. .....

Than Singh and ors. Vs. Lakhapat Singh and ors.

Court : Allahabad

Reported in : AIR1948All265

..... , 1908, or section 182, united provinces land revenue act, 1901, or section 24, bundelkhand encumbered estates act, 1903, nor, except as provided by those sections, shall any right of pre-emption arise in respect of - (a) any sale in execution of the decree of a civil or revenue court, or (b) any sale in default of payment of land revenue or of any sum legally recoverable as an arrear of land revenue, or (c) any sale under the provisions of the ..... after the award of the collector had become final and the instalment value of the debtor's property had been determined, she deposit, ed the total amount of the instalments which she had to pay under the award and the protected property was released. ..... regulation of sales act, 1934, is a sale in execution of a decree and not a voluntary sale of the nature contemplated by section 11, agra pre-emption act, 1922, arid that no right of pre-emption accrues from such a transfer under that act also, the sale did not use to take place according to the civil p.c. ..... ramchander : air1929all462 in which it was held that a right of pre-emption accrues where a decree for specific performance of a contract for sale is executed by the court. ..... 12 whenever a cosharer or petty proprietor sells any proprietary interest in land forming part of any mahal or village in which a right of pre-emption exists, or when any such interest is foreclosed.the vendor in the present case was the collector who was neither a cosbarer nor a petty proprietor in the mahal. .....

Richhpal Chand and ors. Vs. Richhpal Singh and ors.

Court : Allahabad

Reported in : AIR1958All546

..... it was contended before us that the loans must be presumed to have been contracted by the widow for legal necessity from the lapse of time and the deaths of the widow, sher singh, gopal chand and other persons who could give evidence about the legal necessity ..... the book commenced from 1905; the earlier book used by him must have been deposited at the police station and was not available for forging an entry. ..... from the income from the sale of the medical hall and the money received from the pre-emptor she must have discharged ranjit singh's liabilities to the bank, paid the land revenue and maintained herself; it may be that the income from the sale and the pre-emption decree money was not enough even for these expenses. ..... she got the costs of the suit from the pre-emptor; she must have spent something more, but there is no evidence whatsoever about the amount ..... whatever income the widow received from the pre-emptor and the sale of the medical hall etc ..... 3,300 from the pre-emptor and must have got the money before the pre-emptor was delivered possession over the property on 8-9-1895 ..... 8 of 1895 for pre-emption against the widow who was the vendee; it was decreed on 27-4-1895 and the pre-emptor acquired possession over the property on 8-9-1895.under the decree the widow was to get rs ..... some confusion about the year of the death.chiranji lal deposed that lekhraj singh died in 1904-1906 and that sher singh died two years earlier: but according to bharat singh, lekhraj pre-deceased sher singh. .....

Anil Kumar Agarwal and anr. Vs. U.P. Stock Exchange Association Ltd. a ...

Court : Allahabad

Reported in : 2004(1)AWC280; [2004]53SCL119(All)

..... the action of the respondents is arbitrary and whimsical and not hearing the appeal of the petitioners till the penalty imposed is deposited, is in violation of the rules/bye-laws, as the same do not provide for pre-deposit condition. ..... the stocks and shares are dealt with in three manners ; (i) spot delivery contract where the contract provides for actual delivery of securities on payment of a price either on the day of the contract or the next day excluding perhaps the time taken for dispatch of the securities or the remittance of money from one place to another ; (ii) ready delivery contract which means a contract for the purchase or sale of securities for the purpose of which no time is specified and it is to be performed immediately ..... or within a reasonable time ; and (iii) forward contracts, that is, contracts under which the parties agree for their performance ..... if the stock exchange is under the influence of unscrupulous members, the second and third categories of contract to buy or sell shares would lapse to highly degenerating and speculative transactions amounting to pure gambling. .....

Shankar Lal Vs. Mt. Hashmi Begam and anr.

Court : Allahabad

Reported in : AIR1932All700

..... 775 that the right of pre-emption is note right of 'repurchase' either from the vendor or from the vendee, involving any new contract of sale; but it is simply a right of 'substitution' entitling the pre-emptor, by reason of a legal incident to which the sale itself was subject, to stand in the shoes of the vendee in respect of all the rights and obligations arising from the sale under which ha ..... a decree in the pre-emption suit is not a resale of the property by the vendee to the pre-emptor involving any fresh contract or conveyance. ..... decree is for pre-emption which places the pre-emptor in the shoes of the vendee thereby becoming the representative of the original vendor, the court enforces the original obligation of the vendor to offer the property to the pre-emptor and substitutes the pre-emptor in place of the vendee because the transfer to the latter has taken place in violation of the pre-emptor's preferential ..... both the courts below have1 held that the pre-emptor hashmi begum cannot be said to have derived title through the vendee narain das and that therefore the acknowledgment made by narain das was of no avail under ..... we therefore think that it is not possible to hold that a pre-emptor is a person deriving his title through the vendee within the meaning of ..... moreover the old view as now incorporated in section 24, pre-emption act, makes all transfers made by the vendee subsequent to his purchase voidable at the option of ..... hashmi begam deposited the preemption money and .....

Raj NaraIn Pratap NaraIn Vs. U.P. State Electricity Board

Court : Allahabad

Reported in : AIR1982All14

..... ' a reading of the section shows that the course open to a party against whom a demand had been made by issue of notice under section 4 of the dues recovery act is to first deposit the amount demanded with the prescribed authority under protest and within six months of doing so to file a suit for the refund of the said money, it is urged that this section, does not prohibit ..... it appears that simultaneously the revisionist had also approached the higher authorities seeking direction for getting refund of its security deposit (see annexure 16, letter of chief secretary of the electricity board) due to which the local staff got annoyed this immediately resulted in two bills one ..... from the above discussion of the case, it follows that where the liability is fixed under a contract of (sic) the demand is made in accordance with a statutory provision and a demand for that amount is made without giving an opportunity to the other side there can be no violation of principles of natural justice, where, however, such ..... the same was required to be paid by the revisionist as a pre-condition to any proceedings challenging its liability in view of section 4 of the said act, the court has further held that the amount was being recovered as arrears of land revenue under the revenue recovery ..... the predominance and pre-eminence of the arbitration agreement over the ordinary right of a party to get relief in a suit is undisputed and, therefore, there is no question of circumventing the provisions of .....

Suresh Kumar Modi Son of Late H.R. Modi Vs. State of U.P. Through Prin ...

Court : Allahabad

Reported in : 2007(1)AWC1020

..... any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits 'criminal breach of trust. ..... 1 crore was sent to the respondent company, which was deposited in the account of the company in delhi, but the same has dishonoured. ..... under such circumstances, there will be no effect of transaction subsequently made in delhi by issuing the cheques from the office of the petitioner's company situated at delhi and received and deposited in the bank account of the respondent no. 4. ..... such ratio can not at all be made applicable at a pre-cognizance stage, otherwise the court will be flooded with such type of litigations. ..... and it may only amount to breach of contract. ..... of uttar pradesh remedy of anticipatory bail is not available, large number of writ petitions are being filed for the purpose of having an order of quashing the first information report and not to arrest the petitioner at the pre-cognizance stage. ..... , but here in the present case the stage is of pre-cognizance. .....

Jwala Prasad Radha Kishan Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : [1971]79ITR530(All)

..... eventually, the assessee could not carry out the contract with the result that the amount of the deposit was forfeited by the railway. ..... as the assessee was required to pay for all goods actually delivered, the condition for deposit of the security was a condition to safeguard the interest of the company against any loss which it might suffer in the course of the carrying on of the business and not for the acquisition of the right to carry it on.8. ..... the view taken by the tribunal that the deposit of the security money was a 'pre-requisite to the acquisition of the sole selling agency ' from the manufacturers is not borne out by the terms of the agreement dated march 1, 1951. ..... upon the termination of this agreement the mills shall return the above deposit or if any deductions shall have been made from the said sum in pursuance of this agreement then the balance due to the firm. ..... it has also been rightly pointed out by my learned brother that the deposit made by the assessee by way of security was treated in the accounts along with the price of supplies and the amounts of commission and interest, demonstrating that it was treated as a payment made in the course of carrying on the ..... this, according to the tribunal, was a new venture undertaken by the assessee and as payment of the security was a 'pre-requisite' to the acquisition of the sellingagency, the loss of security money was loss of a capital outlay. .....

Sunil Kumar Srivastava Vs. Union of India Andf ors.

Court : Allahabad

..... manager at nowgaon branch during the period 12.5.2004 to 30.5.2005, he abused his official position in extending the tractor loan and skcc limits to certain parties in violation of bank loaning norms without proper pre-sanction appraisal of the credit proposals; without ensuring end utilisation of the loan proceeds; without proper post sanction follow up and controls and thereby unduly accommodating the parties. ..... ramesh, (1998) 3 scc 227 the supreme court in a case of an officer, who had contracted second marriage while his first wife was alive held that enquiry officer as well as the disciplinary authority freely made use of the ..... in tara chand vyas (supra) the petitioner as branch manager in gramin bank (rural bank) derelicted in performance of duties in making payment of loans without ensuring supply of implements to the loanees and deposit of adequate security from dealers, as consequence to which the bank was put to loss. ..... if money received by the employee from account holder is not deposited and fraudulent or fictitious credit entry is made, the charge could not be taken as ..... properly introduced and had deposited rs.30,000/- with the ..... the petitioner and as soon as it was detected, the dealer having realised the fraud deposited the entire amount. ..... the deposition of the petitioner that he had increased business of rural loans of the branch of the bank from rs.4 crores, when he joined, to rs.9.5 crores inspite of shortage of staff, and the appreciation of his performance was .....