Court : Allahabad
Reported in : 2003(1)AWC613
..... a contract entered into by a minor is a void contract in terms of section 11 of the indian contract act, 1872. ..... it may be mentioned that the appointment on the post of teacher is a contract between the committee of management and the person so appointed. ..... , air 1919 pc 129, it has been held that a contract by minor is void and not merely voidable. ..... any contract can be entered into only by a contracting party who is major and no contract can be entered into by a minor. ..... it has been held that the competent authority while appointing some one initially must have taken into consideration in the normal course of human business the exigencies of service to employ him at 16 years of age or so, otherwise by act and conduct the age is deemed to have been relaxed. ..... he further submitted that if by fraudulent act the appellants-writ petitioners have been able to obtain appointment that would not justify their claim for getting salary from the state exchequer.9. ..... however, any person can act on behalf of the minor. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All270; (1969)IILLJ607All
..... under the indian contract act, 1872 in person who is sui juris has a right to appoint an agent for any purpose whatsoever, but the supreme court held that this rule is subject to certain well known exceptions as the act to be performed is personal in character, or is annexed to a public office, or to an office involving fiduciary obligation. ..... anand, an assistant in the stores and stationery department of the divisional office, life insurance corporation of india at meerut, sri anand was charged with acts of fraud, criminal misappropriation and criminal breach of trust in respect of goods and articles of the life insurance corporation. ..... the petitioners' case is that the respondents have misunderstood the provisions of section 30 of the advocates act and on a true reading thereof sri sharma had no cause of action and the learned munsif had no jurisdiction to entertain the suit or to issue an injunction. 3. ..... in the present case, sri anand could not claim as of right to the lawyer's assistance in that situation section 30 of the advocates act will not apply and an advocate cannot claim as a matter of right to practice in such a case. 13. ..... disciplinary proceedings (summoning of witnesses and production of documents) act, 1953 the inquiring officers have been empowered to summon witnesses and compel production of documents i am not impressed by the submission made on behalf of the respondents that the fact that an inquiring officer has been duly .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All298
..... in our country, except so far as specifically provided for and covered by any other legislation, the matter relating to all agreements constituting subsratum of a valid contract are subject to and governting by the indian contract act, 1872, hereinafter called the contract act.3. ..... 23 of the indian contract act, 1872.61. ..... 23 of the indian contract act, 1872. ..... but that definition is for purposes of article 13 only, indian contract act is act no. ..... 23 of the contract act has very succinctly been stated by pollack and mulla in their book on 'indian contract and specific relief acts', 10th edition, p. ..... pollack and mulla in their book in 'indian contract and specific relief acts', 10th edition, page 228, have explained the word 'object' as distinguished from the word 'consideration' to mean 'purpose' or 'design*. ..... 23 inasmuch as properly we speak of the consideration for a promise and not the consideration of an 'agreement' - (see pollack and mulla on 'indian contract and specific relief acts', 10th edition, page 228).59. ..... equally useful are the following views expressed on the point by pollock and mulla in their book 'on indian contract and specific relief acts', i2th edn. at p. ..... of the above noted four basic ingredients, lawfulness of the object of the agreement and absence of express declaration under the contract act rendering the agreement to be void are pertinent in the context of investigation of the questions under consideration.6. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All72
..... -- an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872) shallnot be deemed to be lawful within the meaning of this ..... main contention was that the land is settled by the landholder in favour of a tenure holder and it is a matter of contract and no other person can claim any right in a holding which has been settled by the landholder in favour of that person. ..... ordinary law of contract that a person gets a right on the basis of contract is not disputed. ..... was a case where a premiseswas governed by the rent control act and the landlord and tenant entered into compromise, the court took the view that section 13 of the delhi and ajmer rent control act provides certain restriction on ejectment of tenant and by merely entering into compromise by the parties the court was not competent to pass the decree unless other conditions prescribed under the act were satisfied.20. ..... zamindari abolition and land reforms act against angnu for declaration that they were sole bhumidhars of khata ..... zamindari abolition and land reforms act and by issuing notification under ..... assuming that bodi was ill for some time, that does not itself establish that the compromise was not an act of his free-will. ..... 117 of the said act by the state government land and other properties are vested in the ..... no cogent evidence led by him to establish that the compromise was not an act of free-will. ..... consolidation of holdings act that he was a co-bhumidhar to the extent of 1/2 share in both .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All313
..... the question, who suffered loss or damage within the meaning of chapter vi of the indian contract act, 1872 will be answered when these controversies are debated at the appropriate forum.6. ..... the petitioner has drawn the attention of the court of being available to honour the contract of which he had made the highest bid and that he gave his letter dated 16-5-1985 to the divisional forest officer, south region, panna, annexure-7 to thewrit petition.3. ..... the main issue in the writ petition arises on who may have caused the breach to the contract which was to be settled with the petitioner. .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]139STC358(All)
..... tax act, the terms of section 72 of the indian contract act, 1872 are not ..... can, therefore, be made in respect of a tax liability and any other liability on a plain reading of the terms of section 72 of the indian contract act, even though such a distinction has been made in america, vide the passage from willoughby on the constitution of the united states, vol. ..... 14 it was held that payment of sales tax under mistake is covered within section 74 of the indian contract act let so the government to whom the payment has been made by mistake must in law repay it.22. ..... sales tax act, they were payments of tax and even though the terms of section 72 of the indian contract act applied to the facts of the present case no moneys paid by way of tax could ..... of the contract act, 1872 deals with the certain contracts known as quasi-contracts. ..... has statutory basis in india since the enactment of contract act, 1872.16. ..... shri ram maha dev prasad applied section 72 of the contract act for the refund of terminal tax paid to the municipality under mistake ..... 29 if a case is covered under the chapter v of the contract act, the dealer would be entitled to seek the refund/adjustment of the said amount under the doctrine of quasi-contract and on the principles of restitution as enshrined in section 72 of the contract act.19. ..... the term 'mistake' used in section 72 of the contract act has been used without any qualification or limitation and comprises within its scope a 'mistake of law' as well as the 'mistake' .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(109)FLR877]; (2006)IIILLJ276All
..... savings- (1) nothing in this act shall affect section 29 of the indian contract act, 1872. ..... the question for determination before this court is 'whether the payment of wages act is a complete code in itself in the matter of limitation or it is a mere adjunct to supplement section 29(2) of the indian limitation act for the purposes of limitation; whether section 5 of the indian limitation act can he called in aid to apply to the proceedings under section 17 of the payment of wages act by virtue of section 29 of the limitation act 1963?. 17. ..... in that decision the learned judge held relying on section 3 as found in evidence act, 1872 that rent controller acting under the a.p. ..... certainly in those cases where the indian limitation act is applicable, the limitation shall run from the date of the knowledge of the order but where a special act specifically contains a provision that an appeal can be filed within a specific time from the date of the order or direction, the appeal must be filed within the aforesaid period and the provisions of section 5 of the indian limitation act cannot be made applicable. ..... from a bare perusal of section 17 of the payment of wages act, it is crystallises that there is no specific exclusion as to applicability of section 5 of the indian limitation act by virtue of payment of wages act, 1936, being a special law. .....
Tag this Judgment!Court : Allahabad
Reported in : [2000]246ITR269(All); [1999]107TAXMAN394(All)
..... submission, he relied upon sections 134 and 139 of the indian contract act, 1872, and submitted that the petitioner stood discharged as the respondents had acted inconsistently with the rights of the petitioner. ..... income-tax and interest deposited by the firm in consequence of the order passed by the commissioner of income-tax (appeals) as also giving the clearance certificate under section 230a of the act, to the partners of the said firm enabling them to sell their properties when the amount of penalty assessed against the firm was outstanding, the petitioner stood discharged as surety in terms of sections 134 and 139 of the indian contract act, 1872.16. ..... been reiterated that the petitioner stood surety only for the liability of income-tax, wealth-tax and gift-tax and not for any penalty under section 271(1)(c) of the act, and, therefore, the petitioner is not liable to pay the amount of penalty imposed under section 271(1)(c) against the firm. ..... tax, interest, penalty, fine or any other sum is payable in consequence of any order passed under this act, the assessing officer shall serve upon the assessee a notice of demand in the prescribed form specifying the sum ..... however, it has been stated that the penalty imposed under section 271(1)(c) of the act, on the firm is a tax liability under the direct taxes act, and on the non-payment by the firm, guru nanak metal stores, the recovery can be made against the petitioner, who stood surety to the firm and its partners for a liability .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All239
..... on the obligations of an agreement by which the loan was disbursed, continue to be governed by the indian contract act, 1872. ..... the contract act, 1872.21. ..... be a short circuit to a long drawn litigation and the tfc1 should be able to go to the appropriate court and straightway seek an order of attachment and proceed with the sale of properties, thereafter, the provisions of the act shall be carried, into effect, so far may be practicable in the manner prescribed in the civil procedure code for the sale of properties as if a decree were being executed.19. ..... the ifci will come out with an half-hearted exercise and elect and chose the parties to an action, oblivious to the contract agreement, then the court cannot come to its aid if it does not help itself. ..... a loan agreement there be those who enter into a 'contract of indemnity' or a 'contract of guarantee', sureties not excluded, chapter v11i of this act determines the essential and proper parties to the contract, independent of the provisions of the industrial finance corporation of india act, 1948. ..... purpose of a speedy and an effective procedure prescribed by the legislature, to recover public monies will be rendered redundant if proceedings against the guarantors, sureties and those bound by a contract of indemnity were saved after watching the result of an action brought under s. ..... by public financial institutions or banks to retrieve loans will be ineffective if the parties to the contract agreement are not made parties to the suit. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All286
..... the view that the word 'person' in section 239 indian contract act, 1872 should not be interpreted so as to include a firm ..... in section 4 of indian partnership act, which has replaced section 239 of the indian contract act, contemplates only natural ..... the subject of partnership law, as it prevails in this country which operates to exclude the application of that definition to the word 'person' occurring in section 239 of the indian contract act. ..... as,'a corporation of individuals united into one body under a special denomination having perpetual succession under an artificial form, and vested by the policy of the law the capacity of acting in several respects as an individual, particularly of taking and granting property, of contracting obligations and of suing and being sued, of enjoying privileges and immunities in common and of exercising a variety of political rights, more or less extensive, according to the ..... commissioner of income-tax, nagpur : [1956]29itr535(sc) , the supreme court has said that for the purposes of registration under indian partnership act there is no impediment in the way of all the members of ail the constituent firms and the karta of the hindu undivided family and the individual entering into an agreement in ..... indian partnership act 1932 which essentially is a branch of law of contract whereunder the partnership is defined as a relationship between the persons inter se, who have agreed to share the profits of the business carried on by all or any of them acting .....
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