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1 - 10 of 19 (0.29 seconds)Section 238 in The Indian Contract Act, 1872 [Entire Act]
Section 10 in Income Tax Rules, 1962 [Entire Act]
P. H. Divecha And Another vs Commissioner Of Income-Tax,Bombay I on 11 December, 1962
In the case of P. H. Divecha v. Commissioner of Income-tax, the agreement had lasted for more than 16 years and was in respect of conduct of business in electrical goods including electric lamps. The so-called agency firm was given exclusive rights to purchase and sell electric lamps manufactured by "Philips" in certain areas. The provisions were similar to the provisions in the present agreement; but having regard to the material provisions in the agreement, the Supreme Court held that the agreement between the firm and Philips Electrical Company created a monopoly right of purchase for, and a monopoly right of sale in, certain areas. The agreement was not an agreement of agency.