Judgment Search Results Home > Cases Phrase: indian contract act 1872 preamble the indian contract act 1872 Court: supreme court of india Page 9 of about 2,825 results (0.251 seconds)

Seth Loonkaran Sethiya and ors. Vs. Mr. Ivan E. John and ors.

Court : Supreme Court of India

Reported in : AIR1977SC336; (1977)1SCC379; [1977]1SCR853

..... that when during the cross-examination of the plaintiff on march 29, 1950, in connection with the issue relating to the bar of section 69 of the partnership act the defendants wanted to make use of the aforesaid report from the india security press, nasik, and it came to light that the report and the original deed of dissolution set up by the plaintiff were missing, the plaintiff came forward with an amusing application stating therein that 'in the interest of the early disposal of the case, he undertakes not to rely on that document in the suit and to argue ..... '(1) no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm. ..... 168 (produced by the plaintiff) would show that besides the obliteration of the word 'partner' from the preamble as stated above, the plaintiff made two other alterations in exh. ..... ' was not registered under the indian partnership act. .....

Kishan Prakash Sharma and ors. Etc. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : AIR2001SC1493; JT2001(3)SC554; 2001(2)SCALE586; (2001)5SCC212; 2001(2)SCT656(SC); (2001)2UPLBEC1232

..... the preamble of the act explains the purpose of the said act as to provide for the acquisition and transfer of shares of indian insurance companies and undertakings of other insurers in order to serve better the needs of the economy in securing the development of general insurance business in the best interest if the community and to ensure that the operation of the economic system does not result in concentration of wealth to the common detriment, for the regulation and control of such business and for matters connected therewith or incidental thereto. ..... the conditions of service of the employees of the said insurance companies were governed by the respective contracts of service between the companies and the employees. ..... the conditions of service of the employees of the said insurance companies were governed by the respective contracts of service between the companies and the employees. ..... if the rationalisation or revision of any pay scale or other terms and conditions of service under any scheme is not acceptable to any officer or other employee, the acquiring company may terminate his employment by giving him compensation equivalent to three months remuneration, unless the contract of service with such employee provides for a shorter notice of termination. .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... law should not only reflect social and religious resilience but has also to provide a lead by holding forth the norms for continuity for its orderly march towards an ideal egalitarian social order envisioned in the preamble of the constitution the culture of the law, in the indian democratic republic, should be on secular lines. ..... good government of british india or any part thereof, and any ordinance so made shall for the space of not more than six months from its promulgation, have the like force of law as an act passed by the indian legislature; but the power of making ordinance under this section is subject to the like restrictions, as the power of the indian legislature to make laws; and any ordinance made under this section is subject to the like disallowance as an act passed by the indian legislature and may be controlled or superseded by any such ..... article 74(2) is no bar to production of the materials on which the ministerial advice is based, for ascertaining whether the case falls within the justiciable area and acting on it when the controversy, is found justiciable, but that is subject to the claim of privilege under section 123 of the evidence act, 1872. .....

Maharao Sahib Shri Bhim Singhji ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1981SC234; (1981)1SCC166

..... the primary object and the purpose of the urban land (ceiling and regulation) act, 1976, 'the act', as the long title and the preamble show, is to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein, and with a view to bringing about an equitable distribution of land ..... he explains:by establishing these positive obligations of the state, the members of the constituent assembly made if the responsibility of future indian governments to find a middle way between individual liberty and the public good, between preserving the property and the privilege of the few and bestowing benefits on the many in order to liberate 'the powers of all men equally for contributions to the common good.'79. ..... in ranganatha reddy's case the court upheld a scheme for nationalisation of contract carriages in the state, since it laid down the principles for the determination of the amount payable under article 31(2) and they were not irrelevant for the determination of the amount. .....

Union of India (Uoi) and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1

..... (d) conclusiveness of a certificate of residence issued by the mauritius tax authorities is neither contemplated under the dtac, nor under the income-tax act; whether a statement is conclusive or not, must be provided under a legislative enactment such as the indian evidence act and cannot be determined by a mere circular issued by the cbdt; (e) 'treaty shopping', by which the resident of a third country takes advantage of the provisions of the agreement is illegal and thus necessarily forbidden: (f) section 119 of the income-tax act 1961 enables the issuance of a circular for a strictly limited purpose. ..... 5646 of 2000 sought an appropriate direction/order or writ to the central government and made the following prayers:'(a) issue such appropriate direction /order / writ as the court deem proper, under the circumstances brought to the knowledge of the hon'ble court, to the central government to initiate a process whereby the terms of the indo-mauritius double taxation avoidance agreement are revised, modified, or terminated and or effective steps taken by the high contracting parties so that the norris and fills and such other interlopers do not ..... based on these observations, counsel for the appellants contended that the preamble of the indo-mauritius dtac recites that it is for the 'encouragement of mutual trade and investment' and this aspect of the matter cannot be lost sight of while interpreting the treaty.134. .....

Union of India and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Reported in : [2003]263ITR706(SC); [2003]132TAXMAN373(SC)

..... (d) conclusiveness of a certificate of residence issued by the mauritius tax authorities is neither contemplated under the dtac, nor under the income tax act; whether a statement is conclusive or not, must be provided under a legislative enactment such as the indian evidence act and cannot be determined by a mere circular issued by the central board of direct taxes;(e) 'treaty shopping', by which the resident of a third country takes advantage of the provisions of the agreement, is illegal and thus necessarily forbidden;(f) section 119 of the income tax act, 1961 enables the issuance of a circular for a strictly ..... 5646 of 2000 sought an appropriate direction/order or writ to the central government and made the following prayers :'(a) issue such appropriate direction/order/writ as the court deem proper, under the circumstances brought to the knowledge of the honble court, to the central government to initiate a process whereby the terms of the indo-mauritius double taxation avoidance agreement are revised, modified, or terminated and/or effective steps taken by the high contracting parties so that the nris and fiis and such other interlopers do not maraud ..... 'based on these observations, counsel for the appellants contended that the preamble of the indo-mauritius dtac recites that it is for the 'encouragement of mutual trade and investment' and this aspect of the matter cannot be lost sight of while interpreting the treaty.122. .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... who satisfies the prescribed authority- (a) that he is a muslim, and (b) that he is competent to contract within the meaning of section 11 of the contract act, 1872 (9 of 1872), and (c) that he is a resident of the territories to which this act extends, may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of the provisions of this section, and thereafter the provisions of section 2 shall apply to the declarant and all his minor children and their descendants as if in addition to the matters enumerated ..... the infliction of the grievous hurt, or (ii) after the plaintiff came to know of the infection, or (iii) after the last act of compulsory prostitution; (f) that the defendant is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the indian penal code (45 of 1860): provided that divorce shall not be granted on this ground, unless the defendant has prior to the filing of the suit undergone at least one year's imprisonment out of the said period; (g) that the defendant has deserted the ..... after the constitution came into force, the right to equality and dignity of person enshrined in the preamble of the constitution, fundamental rights and directive principles which are a trinity intended to remove discrimination or disability on grounds only of social status or gender, removed the pre-existing impediments that stood in the way of female or weaker segments of the .....

Indian Young Lawyers Association Vs. The State of Kerala

Court : Supreme Court of India

..... the preamble to the act lays down that the act has been enacted to make better provisions for entry of all classes and sections of hindu into places of public worship. ..... 164 gautam bhatia, freedom from community: individual rights, group life, state authority and religious freedom under the indian constitution, global constitutionalism, cambridge university press (2016) at page 374 165 gautam bhatia, freedom from community: individual rights, group life, state authority and religious freedom under the indian constitution, global constitutionalism, cambridge university press (2016) at page 382 158 n conclusion part n113the constitution embodies a vision of social transformation. ..... inhabitants of calcutta, madras or bombay, as the case may be, shall, in matters of inheritance and succession to lands, rents and goods, and in matters of contract and dealing between party and party, when both parties are subject to the same personal law or custom having the force of law, decide according to that personal law or custom, and when the parties are subject to different personal laws or custom having the force of law, decide according to the law or custom to which the defendant is subject. .....

Gujarat Urja Vikas Nigam Limited Vs. Amit Gupta

Court : Supreme Court of India

..... the provisions of the indian contract act, 1872 ( contract act ), require mutual agreement of the parties for such a modification; (vi) the submission of the respondents that property under section 3(27) of the ibc includes an actionable claim and hence the dispute falls under the jurisdiction of the nclt is erroneous in view of the judgement in embassy property (supra); (vii) the contention of the respondents that there is a direct connection between the termination of the ppa by the appellant and the insolvency resolution process should be rejected because the issue in the present case is not of interpretation of the insolvency resolution process but of the ppa, and only ..... the contours of section 14 of the ibc must be determined under such an understanding of section 60(5)(c); (vi) the moratorium under section 14 of ibc is not exhaustive because: (a) the object of section 14 is protection of the corporate debtor during the cirp; (b) the preamble of the ibc provides for preserving the maximum value of the assets of the corporate debtor; and (c) section 14(3) only excludes certain kinds of agreements and transactions from moratorium under section 14(1), as notified by the central government in consultation with the financial regulator or any other authority. ..... while elaborating on the objectives of ibc as enshrined in the preamble, the hon'ble supreme court, had held in the matter of swiss ribbons pvt. .....

The State of Bombay Vs. Virkumar Gulabchand Shah

Court : Supreme Court of India

Reported in : AIR1952SC335; 1952CriLJ1406; (1952)IIMLJ332; [1952]1SCR877

..... there can, i think be no doubt that businessmen who are not lawyers might well be misled into thinking that the ordinance and the act did not intend to keep the order of 1944 alive because the order related to certain specified spices while the ordinance and the act changed the clature and limited themselves to 'foodstuffs' terms which on a narrow view, would not includes condiments and spices. ..... in the year 1944 the then central government of indian promulgated the spices (forward contracts prohibition) order, 1944 under rules 81 (2) of the defence of india rules, clauses 2 and 3 read together prohibited forward contracts in any of the 'spices' specified in the first column of the schedule to that order. ..... was not, he held that though tea had been held in the earlier case not to be a 'food' for the purpose of the food hoarding order of 1917, it was a 'food' within the meaning of the expressions used in certain defence of the realm regulations read with the new ministries and secretaries act of 1916 which empowered the food controller to regulate 'the food supply of the country' and the 'supply and consumption and production of food. ..... then, when we turn to the ordinance and the act of 1946, we find from the preamble that the legislature considered that it was still necessary- 'to provide for the continuance...... .....