Court : Gujarat
Reported in : AIR1970Guj106; (1970)GLR178
..... section 11 of the indian contract act, 1872, would not come in the way of transfer of property in favour of the minor ..... under the circumstances, for the creation of the lease an agreement between two parties is necessary and for entering into that agreement there is a bar of section 11 of the indian contract act, according to which all agreements are contracts if they are made by free consent of the parties competent to contract for a lawful consideration and with lawful object and not expressed or declared to be void. ..... act, no transfer can be made to a person legally disqualified to be transferee, section 7 of the said act provides that every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part ..... pushed to a logical conclusion the privy council decison would have made it impossible for a minor to get benefit under or enforce any contract entered into by him when the consideration had been wholly received by the other contracting party. ..... it is thus quite clear that if such alienation is made either by a manager of a hindu family or a de facto guardian of the minor's interest in the property, it is not voidable but is void in its inception ..... if the alienation is made by a natural guardian or a guardian appointed by the court then only it is required to be avoided within years after attaining majority ..... after referring to the observations made by mr. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj183
..... the document, which is alleged to have been executed on 13.08.1967 is hit by the provisions of section 33 of the indian contracts act, 1872 and section 17 of the registration act, 1908, as, at the relevant time, the land in question was agricultural land and the same could not have been purchased by anybody else then an agriculturist, because section 54 of the saurashtra gharkhed ordinance prohibits the transfer of an agricultural land to a nonagriculturist. ..... he pointed out that, in paragraph 5(2), the demand made in the form (filed for the partnership firm), to allow individual partner to hold the land is rejected, because under section 2(g)(i), a 'partnership firm' is 'an individual' and, therefore, it can hold the land ..... 110 of village madhapar is the subject matter and for which exemption application under section 20 of ulc act was made, which is rejected on 22.05.1989, which we want to surrender to the government.'8.6 ..... an application for recording the same was, however, made on 04.05.2002, but then once it is recorded, it is effective from 01.01.1975 ..... m.d.pandya, the learned advocate submitted that his submissions are in addition to the submissions made by learned senior counsel in appeal from order no. ..... hence, the plaintiffs became suspicious and made inquiry, in which it was found on 05.05.2002 that land of m/s ..... submitted that, 'the intention of the parties' is reflected in another deed of partnership, executed on 01.09.1975 (mark 4/2), but was made effective from 01.01.1975. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj48; (1969)GLR253
..... vakil also pointed out that under section 12 of the indian contract act, the expression 'unsoundness of mind' was used in the context of consent being given for entering into a valid contract where a person must understand and form a rational judgment as to its effect before entering into such a contract.mr. ..... that in a matrimonial legislation the term 'unsoundness of mind' should be widely interpreted, especially when the legislature had purposely used a different phraseology in section 13(1) when mental infirmity was considered as a ground of dissolution of marriage as distinguished from the mental defect contemplated in section 5(ii) when it was considered as in the context a necessary condition for the marriage and which made it voidable under section 12(1)(b), in which case, it must be such a grave mental disorder which must be of the nature of 'idiocy or lunacy'. mr. ..... vakil next relied upon the fact that from the evidence of the petitioner's witnesses it was clear that:(1) the respondent did not know how to dress her clothes and she kept the buttons of her blouse open as stated by the petitioner in his evidence, ex. ..... the respondent had riven evidence and the learned trial judge had made a note how she stood the test of a searching cross-examination. ..... similarly, a vague suggestion was sought to be made to the respondent that she did not know how to comb her hair and that her mother used to comb her hair. .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ740; (1992)1GLR7; (1993)IIILLJ240Guj
..... in the result, in view of the specific provision of section 2(1)(e) of the act, provision of section 18 of the indian partnership act, 1932, and the provisions of section 43 of the indian contract act, 1872, together with the underlying purport and purpose of the provisions of order i, rule 9 of the code, this court has no any hesitation, whatsoever, in holding that an application for compensation by a workman, under section 3 of the act, is maintainable against one of the partners or managing person, of a partnership firm. ..... again, in view of the provisions of section 18 of the indian partnership act, 1932, a 'partner' is an 'agent' of the firm for the purpose of business of the firm, and even on the analogy of the provisions of section 43 of the indian contract act, 1872, a partner is liable and, therefore, application for compensation under section 3 of the act was maintainable. ..... 10 of 1983, decided on 17/19- 11-1990 17/19- 11-1990 (reported in 1991(1) glr 361).this court has observed in the aforesaid decisions that section 22(3) of the act provides that if the applicant is illiterate or for any other reason is unable to furnish the required information in writing, the application shall, if the applicant so desires, be prepared under the direction of the commissioner. ..... apart from that, in so far as third party is concerned, a partner is always an agent of the firm, for the purpose of business of the firm, as provided in section 18 of the indian partnership act, 1932. .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]132CompCas579(Guj); [2005]57SCL184(Guj)
..... . the indian contract act, 1872 provides for bailee's lien u/s.170; but bailee's right of lien is ..... for this submission is found from the use of the words 'as well'. it is further submitted that in paragraph no.11 the apex court has merely stated that the order made by it on 17/10/1997will have to be read subject to provisions of sections 529 & 529-a of the act, and hence the submission goes, that the order dated 17/10/1997 is neither recalled nor set aside and only observation is to the effect that the said order is ..... to be a charge/mortgage/lien on the basis of the orders of the court and if at all there was any such charge in light of the undertaking the same was void considering the provisions of section 125 of the act.12.7 by virtue of the earlier order dated 17/10/1997made by the apex court in review application filed by the official liquidator ongc was treated as having preferential right, but now in light of subsequent order dated 12/04/ ..... prorata share from the amount which was available for disbursement.9.4 a further alternative contention was that right of ongc was equivalent to the right conferred on the workmen by virtue of provisions of sections 529 & 529a of the act and it be held that ongc was entitled to paripassu distribution from the funds available with the official liquidator.9.5 strong reliance was placed on definition of the term 'secured creditor' by referring to ..... of the said paragraph gives the indication as to how the apex court has considered the rival .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]135CompCas251(Guj)
..... the mortgage created by deposit of title deeds.6.1 he further submitted that agreement dated 08/09/1999 denoted that pfsl was a party to the agreement and in light of provisions of sections 62 & 63 of the indian contract act,1872 there was a novatio by which the liabilities towards pfsl, of appellant no. ..... firstly, that the official liquidator had not discharged the onus which lay on him for establishing his right to the property, and in this context he referred to provisions of sections 101 & 102 of the indian evidence act,1872; secondly, it was submitted that the property in question was never given to pfsl as an owner but was given by way of collateral security in relation to loan taken by appellant no. ..... has been followed in respect of the allotment of the property in question to pfsl;[ii] pfsl is in possession of the letter of allotment which records that the allotment is in lieu of full and final payment made by pfsl;[iii] society is the owner of the land and super structure and pfsl has been allotted the office/shop in question and having been put in possession pfsl is de facto owner of undivided share ..... shown, even prima facie, as to how radhe estate developers was entitled to deal with ..... pfsl had become the owner of the property in question there was no occasion for any party to deal with the property without showing in the first instance as to how pfsl had given up its rights in the property. ..... there is no document to show how and in what context radhe estate developers .....
Tag this Judgment!Court : Gujarat
Reported in : (1987)2GLR1375; (1988)ILLJ433Guj
..... such a clause, therefore, is opposed to public policy and being opposed to public policy, it is void under section 23 of the contract act. ..... 14 and 16(1) of the constitution of india and section 23 of the contract act. ..... union of india (1985-ii-llj-416 at 420-421), namely : 'now that amount is being paid in one lump sum, it is likely that the employer may take recourse to section 192 of the income-tax act, 1961, which provides that any person responsible for paying and income chargeable under the head 'salaries' shall, at the time of payment, deduct income-tax on the amount payable at the average rate of income- ..... it is submitted that the quality of the bread did not improve, but on account of the petitioner bringing to the notice of the authorities complaints made by the customers and merchants, the petitioner incurred the wrath of the chairman-cum-managing director of the company. ..... the supreme court held (1986-ii-llj-509 at 511-512) that the rule 31(v) of the indian tourism development corporation conduct discipline and appeal rules, 1978, which provided for discharge simpliciter, could not coexist with arts. ..... it was observed by the supreme court in that case that the true test is functional; not how the legal person is born but why it is created. ..... i fail to see how the bombay decision would help the respondents. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1997Guj177
..... while, as per the plaintiff in view of the cause of action on common law and equity, the said agreement is not affected by section 27 of the contract act as section 27 contemplated 'lawful trade'. ..... defendants from currying on any activity, trade or business, no injunction can he granted apart from the fact that the agreement between the plaintiff and the third defendant is also void having regard to the provisions of section 27 of the contract act. 6. ..... against the defendants restraining them from adopting, using and resorting to, in any manner whatsoever, form a new process as invented by the plaintiff for the manufacture of aip and znp by using any information, knowledge, know-how relating thereto or any drawing or material relating thereto and from selling such products in the open market or secretly and from divulging, passing on any information, documents, drawing descriptions etc. ..... he therefore, assisted the chief executive and senior engineer, who were in charge of the project, and was made acquainted with the developments that were being carried out by the plaintiff for implementing the project. ..... when a rule of english law receives statutory recognition by the indian legislature, it is the language of the act which determines the scope, uninfluenced by the manner in which the analogous provision comes to be construed narrowly, or otherwise modified, in order to bring the construction within the scope and limitations of the rule governing the english ..... 1872. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj184; (1979)2GLR283
..... supreme court held that such an agreement between the parties of selecting one of the two competent courts under the civil procedure code is not contrary to public policy and does not violate section 28 of the contract act w it does not oust the jurisdiction of the civil court. ..... dispute arose between the parties; and ultimately hakam singh filed a petition in the court ' of sub ordinate judge at varanasi for an order under section 20 of the indian arbitration act, that the agreement be filed and an order of reference be made to an arbitrator or arbitrators appointed by the court to settle the dispute between the parties in respect of the construction works done by him. ..... also, what has been laid down is that if the parties contract to vest jurisdiction in one of the courts only out of many having jurisdiction to try a dispute, such a contract would not be hit by section 28 of the contract act. ..... down that such an agreement cannot be said to be void, being in restraint of legal proceedings and thus contravening section 28 of the contract act. ..... cases the goods were delivered to the petitioner at ahmedabad; all the witnesses who can depose about the formation of the contract and the terms and conditions thereof are residents of ahmedabad; and the stakes involved in both the suits are comparatively small. ..... of limitation ' it held that the defendant had failed to establish how these suits were not within time. ..... shah was unable to point out how these suits filed by the opponents were .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR159
..... concession made by the advocate general appearing on behalf of the american exporter company that the entire matter was governed by the indian laws, the indian arbitration act and the indian contract act. ..... reversed the order of a learned single judge of that court rejecting the motion of an american exporter company for stay of the suit under section 34 of the arbitration act, 1940 by an indian importer for a declaration that the contract between him (indian importer) and the american exporter company for supply of 25000 tons of manganese ore was void and ineffective and that it stood discharged and for ..... founded solely on the basis of the decision of the supreme court in michael golodotz's case (supra), because, the supreme court, as observed in paragraph 2 thereof, assumed for the purposes of that appeal, that section 34 of the arbitration act, 1940 invested a court in india with authority to stay a legal proceeding commenced by a party to an arbitration agreement against any other party thereto in respect of any matter agreed to be referred, even when the ..... was an ordinary arbitration clause and, therefore, the considerations which may weigh with the court in granting injunction when the suit is not stayed either under section 3 of the arbitration (protocol and convention) act, 1937 or section 34 of the indian arbitration act, 1940, would not apply in the present case before me where the question assumes a different complexion because it would affect the very jurisdiction of the .....
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