Court : Mumbai
Reported in : 2005(3)ALLMR33; 2006(2)BomCR321; 2005(3)MhLj387; 2006(32)PTC358(Bom)
..... reading of the aforesaid clause of the agreement unequivocally goes to show that what was given under agreement was only a right to print and publish ..... accepting this evidence as a whole, what was acquired under agreement dated 19-5-1973 by shri r.j. ..... deshmukh, rights under the agreement would devolve as per his will.according to him, clause (iv) supra providing for devolution of rights under the agreement as per his will is sufficient to show that the rights given under the agreement were not mere personal rights but were heritable and transferable ..... in support of his contention, he has referred to and relied on following amongst other clauses of the agreement, the gist of which is as under :--(i) right to publish books given to shri r.j. ..... deshmukh, as he did not nominate or appoint any person, so as to transfer his right under the suit agreement after his demise. ..... never had any right or licence under the said agreement in her favour.74. ..... deshmukh through his will bequeathed his rights to print and publish the books under the agreement in favour of smt. ..... under this agreement shall come into effect after his death as per his deed of disposition.the said agreement is original and its true copy bearing the signatures of both the parties is kept with the party no ..... the divisibility of copyright has to place and classes of acts was not clearly established under the pre-1911 legislation and this may account for the reluctance of the court to treat the agreements as partial assignments. .....
Tag this Judgment!Court : Mumbai
Reported in : [1958]33ITR313(Bom)
..... of this source we must look to the schedule to find out what was the percentage of income from this source which india was entitled to charge under the agreement; and if the income from this source which has been subjected to tax exceeds such percentage, then there is an 'excess' for the purpose of ..... in which the income-tax office in india cannot determine the tax payable on the total income of the assessee in pakistan provided he had the requisite authority under the income-tax act to obtain information and he would certainly have such authority if he was required by this agreement to determine the tax payable on the total income of the assessee in pakistan, although such determination may involve an elaborate enquiry. ..... period of one year on any longer period allowed by the income-tax officer, the uncollected portion of the demand will be adjusted against the abatement allowable under this agreement; if no such certificate is producted, the abatement shall cease to be operative and the outstanding demand shall be collected forthwith.' 9. ..... - each dominion shall make assessment in the ordinary way under its own laws; and, where either dominion under the operation of its laws charges any income from the sources or categories of transactions specified in column 1 of the schedule to this agreement (hereinafter referred to as the schedule) in excess of the amount calculated according to the percentage specified in columns 2 and 3 thereof, that dominion shall allow an abatement equal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(119)ECC326; 2007LC326(SC); 2007(213)ELT4(SC); 2007(8)SCALE151; (2007)5SCC371; 2007(2)LC834(SC)
..... was paid, that there is no material to show that the supply of the ckd packs or spares weighed with the parties in fixing the payments under the collaboration agreement but, on the other hand, the collaboration agreement for the technical know-how and the supply of ckd packs and spares are independent commercial transactions; in other words, there existed no nexus between the ..... and non-assignable basis and was not to include any right to grant sub-licenses without the licensor's prior consent.articles 3 and 4 of the said agreement, which are material for our purpose, read as under:article 3 ordinary assistance (a) the licensor shall, in accordance with the formalities and conditions separately prescribed by it, furnish the licensee, upon its request, with ..... midrex corporation for the rightto use the midrex process and patents dm 20,00,000 lump sum10.1.1.2 cost of technical services provided under article 3 inconnection with midrex process dm 1,01,00,000 lump sumtechnical services10.1.2.1 payment for engineering and consultancy fee as specified under this agreement dm 2,31,00,000 lump sum 10.1.2.2 payment for theoretical and practical training outside indiadm 22,00,000 lump sumtotal dm 3,74,00,000 lump sum.25 ..... article 16 - royalty (a) the licensee shall pay the licensor royalty on all of the licensed products manufactured by the licensee while this agreement is effective under article 30 hereof, in consideration of the license to use the technical know how, information, data, etc. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR246
..... which the learned trial judge applied to the instant case provides as follows:for money deposited under an agreement | three years | when the demand isthat it shall be payable on demand, | | made.including money of a customer in the | |hands of his bankers so payableexfacie this article applies to a claim for moneys which were deposited under an agreement that they would be payable to the plaintiff on demand. ..... the courts below that the case has anything to do with deposit with a banker, but so far as the claim for the gold mohors or their value is concerned, it is clearly a suit for money deposited under an agreement that it shall be payable on demand. ..... the next article which has been pressed into service is article 68 of the limitation act, 1963 which provides as under:for specific movable property lost, three years when the person havingor acquired by theft, or dishonest the right to the posses-misappropriation or conversations of the property firstlearns in whosepossession it is.the last article which ..... that view of the matter he dismissed the suit on the ground that it was barred by time under article 22 it is that finding which has led to the dismissal of the suit and which mr ..... we turn to article 91 of the limitation act, 1963 which provides as under:for compensation,- (a) for wrongfully taking or detaining three years when the person hav-any specific movable property, lost, ing the right to theor acquired by theft, or dishonest possession of the pro-misappropriation or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(5)BomCR519; [2006(4)JCR82(SC)]; 2006(5)KarLJ449; (2006)4MLJ1840(SC); 2006(8)SCALE98; (2006)6SCC663
..... according to plaintiff, the above property was agreed to be sold to the brother of the plaintiff under an agreement of sale dated 26.11.1974. ..... the first appellate court analysed the evidence of record and noted that the suit for specific performance was filed by the respondent in respect of the agreement purported to have been entered into by her brother with the present appellant. ..... this issue was held vital as legal heir of the original agreement holder is entitled to purchase the property. ..... the trial court found the agreement as valid and granted the decree for specific performance. ..... on the question of agreement of sale the appellate court has come to a different conclusion without justifiable reasons. ..... though the defendant admitted the execution of the document but contended that it is a nominal sale agreement. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All124
..... be performed by him.it is no doubt true that the plaintiff had candidly stated in paragraph 4 of the plaint that he could not get the sale-deed executed within the period of five months originally fixed under the agreement dated 17th february, 1964 but his inability to get the sale-deed executed during that period of five months is not relevant as the time for the execution of the sale-deed was extended by mohd ..... said that if the purchaser did not get the sale-deed executed and registered within the time limited for doing so the amount of earnest money will be forfeited and the conditions of the agreement will become wholly null and void and the purchaser will not have any right for refund of the earnest money or for purchase of the property thereafter, that time was of the essence of ..... plaintiff's own allegations, since he was not ready and willing to perform his part of the contract within the time limited by the original agreement, he was not entitled to specific performance of the same; that the subsequent agreement dated 9th august, 1955 could not revive the agreement dated 17th february, 1964 which had already extinguished; that the plaintiff's allegation that he was prepared or willing to perform his part of the ..... 1 and 2 to have enquired into the character of the plaintiff's possession of the house, more so in view of their knowledge of the agreement of sale in his favour, and the general law that time is not of the essence of a contract of sale of move-able property, which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1680; 1981(3)SCALE1153; (1981)4SCC155; 1981(13)LC777(SC)
..... in the meantime, as the lessee failed to pay the amount which he was liable to pay under the agreement of lease entered into by him with the state of madhya pradesh, a fresh auction was held in respect of the same area for which the original lessee had given his bid. ..... the collector who started recovery proceedings assumed that once a lessee committed breach of the agreement, the loss suffered by the state would be equal to the amount of rent payable by the lessee as represented by the amount of bid at which auction was knocked down. ..... 31,625/-alleging that the state has suffered a loss due to the breach of agreement committed by the lessee. ..... a situation the collector must, in the first instance, adjudicate on the question as to the quantum of loss suffered by the government of madhya pradesh by reason of the default, if any, on the part of the lessee who committed breach of the agreement of lease. ..... he executed an agreement on april 18, 1976. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1990Raj109; 1989(2)WLN491
..... on a consideration of the evidence, the trialcourt held that sohanraj had knowledge of the above agreement to sell in favour of the plaintiff when he purchased the suit plot for rs.991/- from purshottam and, therefore, the plaintiff was entitled to a decree for specific performance of the ..... when the purchaser had not the slightest idea or suspicion of any earlier agreement or charge over the suit plot of any body else, it cannot be said that there was wilful abstention or gross negligence on the part of the ..... the present case the plaintiff was not in possession of the suit plot of land under the agreement to sell and, therefore, it cannot be said that the purchaser had constructive or implied notice of the prior agreement to sell. ..... learned counsel for the plaintiff appellant contended that sohanraj had constructive or implied notice of the agreement to sell in favour of the plaintiff and he wilfully abstained from making enquiry. ..... it was alleged that sohanraj was aware of the prior agreement to sell having been executed by purshottam in favour of the plaintiff and despite knowledge of the agreement, he got a sale deed of the plot registered in his favour from purshottam on september 2, ..... 2 was completely in dark about any such agreement to sell having been executed by purshottam in favour of ..... obviously, therefore, sohanraj could have no knowledge of an agreement to sell which was executed at a distant place ..... was imputed implied notice of the agreement and of the part performance thereof .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All392; (1921)ILR43All81; 57Ind.Cas.445
..... 9, where 'a had advanced a loan to b under an agreement that if b failed to pay a the interest from year to year, 8 will put a in possession of an occupancy holding, the transfer of which was forbidden by law. ..... in the agreement there was a covenant of indemnity that in case of failure to put a in possession, a might sue for principal and interest. ..... , that is, a stipulation that in case of failure to put a in possession, a might sue for principal and interest; and he held that the alternative promise was really incapable of being separated altogether from the illegal portion of the agreement. .....
Tag this Judgment!Court : Delhi
Reported in : 111(2004)DLT264
..... but it is alleged that the defendant has failed to and refused to perform its obligations under the agreement and, thereforee, the present suit was filed contending, inter alia, that the agreement between the parties was signed in new delhi where also the parties to the suit reside and work for gain ..... the defendant, however, has taken up a plea that the land, which is the subject matter of the aforesaid agreement is situated in haryana which is beyond the jurisdiction of this court and, thereforee, this court does not have the territorial jurisdiction to try and decide the present suit ..... according to him, part of cause of action also arises within delhi as the purchase agreement, which is sought to be enforced was entered into in new delhi and the consideration money was also received in new delhi and, thereforee, the concluded agreement having been arrived at new delhi, the delhi courts would also have jurisdiction to try and decide the present suit, which is reiterated and made clear in one of the covenants contained in the ..... the relief that is sought for in the plaint is for a decree of specific performance of the purchase agreement dated 16.7.1988 executed between the parties and also for execution of the sale deed and handing over possession of the premises or in the alternative, for a decree directing the defendant to pay the plaintiffs a sum of ..... the plaintiffs visited the office of the defendant and requested the defendant to perform their obligation under the agreement. .....
Tag this Judgment!