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Preamble Contract Act 1872

Section: Preamble

 

2012  PTD  1783   INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN

TELENOR PAKISTAN (PRIVATE) LIMITED VS COMMISSIONER INLAND REVENUE, L.T.U., ISLAMABAD

Ss.21(g), 20 & 122(5A)—Contract Act (IX of 1872), Preamble—Deductions not allowed—Contractual obligations—Late payment charges—Expenses claimed on account of late payment charges was disallowed and added back on the ground that contractual obligations were being discharged under the Contract Act, 1872 and violation of the contract, entered into between the parties, was violation of the Contract Act and late payment charges were paid for that contravention and expenses on account of late payment charges was in contravention of S.21(g) of the Income Tax Ordinance, 2001 being fine paid for violation of law of land i.e. Contract Act, 1872—Taxpayer contended that S.20 of the Income Tax Ordinance, 2001 stipulated that a person may be allowed a deduction for any expenditure incurred wholly and exclusively for the purpose of business unless specifically disallowed by the Income Tax Ordinance, 2001; that provisions of S.21 of the Income Tax Ordinance, 2001 envisaged disallowance of fine or penalties in violation of any law, rule or regulation; and that late payment charges were not in respect of violation any law, rule or regulation and such like expenditure was a common feature of contracts—Validity—Clause of contract providing interest on the delayed payment was one of the terms and conditions of the contract between two parties; and said clause was neither a provision of any statute/law, rule or regulation; and provisions of Cl.(g) of S.21 of the Income Tax Ordinance, 2001 disallowed a deduction for any fine or penalty paid or payable by the person for violation of any law, rule or regulation—Clause (g) of S.21 of the Income Tax Ordinance, 2001 clearly provided that the fine or penalty paid or payable by the person was for violation of any law, rule or regulation—Clause of a contract between the parties was neither law, rule or regulation—Three expressions “law”, “rule” or “regulations” imply codified provisions, may it be a primary legislation by the legislature or a subordinate one by other authorities to whom legislature had delegated its power to make rules or regulations—Contract Act, 1872  had not been correctly construed by the forums below for the same regulated the relationship between a promiser and a promisee, envisaging certain conditions for execution of the contract—Contractual rights and liabilities were justiceable when the relationship came into being  in  accordance  with  the  provisions  of  the  Contract  Act—No doubt it was not a statute/law providing specific penalties including fine in case of non compliance of the contractual obligations, party in default had to perform his part of contract which might be got enforced in terms of actual performance or if the same was not possible, by compensation appropriate in each case—Violation of the terms of a contract, as executed in line with the provisions of the Contract Act was not a violation of any law, rule or regulation—Late payment charges paid by the taxpayer did not fall within mischief of Cl.(g) of S.21 of the Income Tax Ordinance, 2001 and could not be disallowed—Appeal of the taxpayer was accepted by the Appellate Tribunal.

2008  CLC  175   LAHORE-HIGH-COURT-LAHORE

SYED AHMED VS Syed MUZAFFAR HUSSAIN

Preamble—General principles of law in vogue in England cannot override statutory provisions of Contract Act, 1872.

2008  CLD  1217   KARACHI-HIGH-COURT-SINDH

TRADESMEN INTERNATIONAL (PVT.) LTD VS FEDERATION OF PAKISTAN through Secretary, Ministry of Food, Agriculture and Livestock

Preamble—Object and scope—Law of contract has been promulgated with the spirit that there should be some statutory legal lines between which contracting parties should act and their obligation to each other should not be violated.

2008  CLC  1618   KARACHI-HIGH-COURT-SINDH

TRADESMEN INTERNATIONAL (PVT.) LTD VS FEDERATION OF PAKISTAN through Secretary and another

Preamble—Object and scope—Law of contract has been promulgated with the spirit that there should be some statutory legal lines between which contracting parties should act and their obligation to each other should not be violated.

2007  CLD  376   LAHORE-HIGH-COURT-LAHORE

Mian NISAR ELAHI VS LAHORE STOCK EXCHANGE(G) LIMITED

—Preamble—Contract Act (IX of 1872), Preamble—Fundamental change brought about with the enactment of the Central Depositories Act, 1997 and the licensing on Central Depository Company as a Central Depository in the Scheme which prevailed previously

2004  CLD  1040   KARACHI-HIGH-COURT-SINDH

QUINN CORPORATION  VS COTTON EXPORT CORPORATION

—-S.7—Stamp Act (11 of 1899), Preamble—-Contract Act (IX of 1872), Preamble—Foreign award—Definition—Enforcement of foreign award—Jurisdiction of Executing Court—Scope and extent.

2001  CLC  104   KARACHI-HIGH-COURT-SINDH

BUSINET INTERNATIONAL (PVT.) LTD.  VS ARAMEX INTERNATIONAL (PVT.) LTD.

Contract Act 1872 Binding and valid contract—Essentials of—Offer, its acceptance and consideration are essentials of a binding and valid contract.

1995  MLD  155   KARACHI-HIGH-COURT-SINDH

SAEED AHMED KHAN  VS INSPACTING ASSISTANT COMMISSIONER OF INCOME TAX (SURVEY), HYDERABAD RANGE

—-Ss.5 & 15(2)—Contract Act (IX of 1872), Preamble—Unregistered rent deed —Effect—Ejectment application—Maintainability—Tenant contended that rent agreement being unregistered document, ejectment application filed by landlord against him was

1986  PLD  234   KARACHI-HIGH-COURT-SINDH

WORLD WIDE TRADING CO. LTD. VS SANYO ELECTRIC TRADING CO. LTD.

Preamble-Provisions of Act whether exhaustive-Extent.

1983  PLD  340   KARACHI-HIGH-COURT-SINDH

FAWWAD & FAREEN ENTERPRISE LTD. VS DIRECTOR OF INDUSTRIES GOVT. OF SIND KARACHI

Chap. I-Formation of contract-Bidder giving lowest bid but same not accepted-Authority having reserved right under clause 9 of `Invitation of Tender’ to accept lowest or any other tender-Bidder, acquired held, no vested right to contract, in circumstances-Provisional Constitution Order (P. O. 1 of 1981), Art. 9.

1982  CLC  2076   LAHORE-HIGH-COURT-LAHORE

JANAT BIBI  VS SIKANDAR ALI

Art. 199 read with Contract Act (IX. of 1872)-Pardanashin lady-Burden of proof-Whether pardanashin lady or illiterate lady bad executed a document with proper understanding and after full knowledge of contents thereof-Burden of proof, held, lies on person in whose favour document executed.–[Burden of proof].

 

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