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Siddha Vs. Biligiri - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad354
AppellantSiddha
RespondentBiligiri
Excerpt:
.....breach of contract--jurisdiction--contract made in foreign territory to be performed in british territory--breach--arrest in foreign territory. - section 16 (1) (c) :[tarun chatterjee & aftab alam,jj] ready and willing to perform-concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - buyers failing to pay balance consideration before agitating matter before supreme court held, concurrent finding cannot be interfered with. section 20: [tarun chatterjee & aftab alam,jj] whether time is the essence of contract held, many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. clear condition in contract.....hutchins, j.1. the facts found in this case are that the accused biligiri received an advance in mysore territory and engaged to come and work on a particular estate in the wynaad. he did not, however, leave mysore until he was apprehended on a warrant for this breach of contract and brought up to wynaad in custody. the bench of magistrates has convicted him and ordered him to do the work contracted for, notwithstanding the president's opinion that they had no jurisdiction, both the contract and the breach having taken place in foreign territory.2. the president's opinion seems correct, and i quash the proceedings and the order requiring biligiri to do the work contracted for.
Judgment:

Hutchins, J.

1. The facts found in this case are that the accused Biligiri received an advance in Mysore territory and engaged to come and work on a particular estate in the Wynaad. He did not, however, leave Mysore until he was apprehended on a warrant for this breach of contract and brought up to Wynaad in custody. The Bench of Magistrates has convicted him and ordered him to do the work contracted for, notwithstanding the President's opinion that they had no jurisdiction, both the contract and the breach having taken place in foreign territory.

2. The President's opinion seems correct, and I quash the proceedings and the order requiring Biligiri to do the work contracted for.


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