Court : Mumbai
Reported in : AIR1933Bom46; (1932)34BOMLR1252; 140Ind.Cas.610
..... case there was no such appropriation, and therefore no assent by the defendants under the section. if the dafendants had taken ..... the defendants some of which were not in accordance with the contract, and it is not proved that the defendants were at that time informed that some of the goods were not in accordance with the contract, and indeed exh. k suggests the contrary. under section 83 of the indian contract act the appropriation must be of goods 'answering the description in the agreement'. in this ..... themselves show that specific goods were set apart, and that the defendants assented to the appropriation, and, but for the difficulty to which i will now refer, i think that the property in the goods would have passed to the defendants under section 83 of the indian contract act on january 81, 1980.7. it appears. however, and is not disputed, that of ..... the 129 bales referred to in exh. e, twenty-four bales had been manufactured before november 1929, and were not, therefore, goods falling within the contract. exhibit k, i think, means that the goods thereby appropriated were goods which answer to the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1930Bom529; (1930)32BOMLR1065
..... confirming the decision of this appellate court, the privy council held that the particular point was not precisely covered by an appropriate section of the indian contract act, and that therefore, the english law on the point prevailed.29. if in the present case i could come to ..... indian contract act must give way to the express intention of the parties. this view is supported to some degree by the decision of mr. justice mulla in ford automobiles v. delhi motor co. : air1923bom125 , although there the learned judge's view was that on the facts of that case there had not been a final appropriation ..... appropriation under section 83, viz., when the scrip was tendered to and accepted by the buyer, but even if the respondent's view is correct that the board were really relying on section 78, yet it is equally clear that their lordships held that the question as to the property passing must be determined by the provisions of the indian contract act ..... property did not pass till the cheque was honoured. it states (p. 99):-their lordships consider this argument quite unsound. the indian contract act settles that property is to pass on delivery. delivery is a fact, and the statutory result must follow. further, the rule ..... to the buyer when the goods are appropriated to the contract with the assent of the buyer, unless a different intention appears. so that provision illustrates that, there is nothing against mercantile usage in construing section 83 of the indian act in the way i have, because .....Tag this Judgment!
Court : Mumbai
Reported in : 128Ind.Cas.26
..... which, confirming the decision of this appellate court, the privy council held that the particular point was not precisely covered by an appropriate section of the indian contract act, and that, therefore, the english law on the point prevailed.29. if in the present case i could come to the ..... appropriation under section 83, viz., when the scrip was tendered to and accepted by the buyer, but even if the respondent's view is correct that the board were really relying on section 78, yet it is equally clear that their lordships held that the question as to the property passing must be determined by the provision of the indian contract act ..... stated by sir francis maclean in brij coomaree v. salamander fire insurance company 32 c. 816, and thought that the provisions of the indian contract act must give way to the express intention of the parties. this view is supported to some degree by the decision of mr. justice mulla ..... till the cheque was honoured. it states (page 99 page of 53 i.a. [ed.]):their lordships consider this argument quite unsound. the indian contract act settles that property is to pass on delivery. delivery is a fact, and the statutory result must follow. further, the rule cannot be ..... passes to the buyer when the goods are appropriated to the contract with the assent of the buyer, unless a different intention appears. so that provision illustrates that, there is nothing against mercantile usage in construing section 83 of the indian act in the way i have, because the same .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1969Bom401; (1969)71BOMLR214; ILR1969Bom864; 1968MhLJ797
..... provisions of the railways act. this section, according to us, is a section which limits the responsibility but does not create it. however ..... provisions of the indian contract act, and there is a further limitation that it will be subject to the other ..... indian contract act. it also enacts that this responsibility of the bailee shall be subject to the other provisions of the railways act. the responsibility of the railway administration therefore has its origin in the contract of carriage and that responsibility is limited by two circumstances. it is first pointed out the section 72 that the responsibility will be of a bailee under the appropriate ..... amount of damage. the responsibility of the railways as carriers is that of bailees under the provisions of ss. 151, 152 and 161 of the indian contract act, subject to the provisions of the indian railways act. an entire wagon was hired in this case and undoubtedly fire has taken place. in the circumstances, it is for the railway administration to lead .....Tag this Judgment!
Court : Chennai
Reported in : (1974)1MLJ221
..... made the payment that the payment shall be in reduction of interest and the creditor himself in his turn in exercise of his right under section 60 of the indian contract act has not already appropriated the said payment towards the interest so outstanding, he cannot do so after the 1st october, 1937, since the interest outstanding as on that date has been ..... shall be deemed to have been wiped out, the question arises whether payments which had remained unappropriated either by the debtor under section 59 of the indian contract act or by the creditor under section 60 of the indian contract act prior to 1st october, 1937, could thereafter, be appropriated by the creditor towards interest. however, in view of the provision in section 8 (1) of the ..... shortage of the principal amount or such portion of the principal amount as is outstanding alone is repayable. since the appropriation of payments made by a debtor is governed by sections 59 to 61 of the indian contract act, depending upon the actual appropriation made by the creditor of the payments made by the debtor, either of the two figures contemplated by sub-section ..... the trial, as provided for in section 60 of the indian contract act. but sub-section (1) of section 8 of the act effected a change in this right of the creditor to make an appropriation under section 60 of the indian contract act, if there had been no previous appropriation by him. section 8 (1) of the act having provided that all the interest outstanding on 1st october, .....Tag this Judgment!
Court : Chennai
Reported in : (1979)1MLJ165
..... the creditor was bound by this appropriation. the learned counsel for the plaintiffs submitted that there was, in fact, no such appropriation and that the appropriation had not been accepted by or on behalf of the plaintiffs.17. section 59 to 61 of the indians contract act deal with appropriation of payments. they run as follows ..... scope for application.20. the question has now to be considered in the light of the general principles applicable to appropriation of payments as found outside the statutory law of contracts. parry's banking co. v. fates (1898) 2 q.b.d 460 referred to the rule applicable to ..... subsequent payments. the plaintiff sued for realisation of the amount due under the mortgage and he contended that the payments made subsequently should be appropriated only towards interest. the defendant's point was that they should be credited only to the principal and the interest calculated on the balance ..... agreement. in the absence of any agreement, as such, the unilateral assertion of the one side cannot deprive the other of his right to appropriate it for interest. the principle laid down by the supreme court has a greater binding force, being a constitutional obligation east on courts and others ..... draft was only disintegrated for purposes of showing how the amount was calculated. i am unable to construe exhibit a-1 as effecting an appropriation, as such of rs. 5,000 towards principal and only the balance towards interest. even as early as 10th october, 1978 the plaintiffs .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(23)LC385Tri(Delhi)
..... , to the debtor, and, in the second, to the creditor.117. in our country, the said rule has been codified in the indian contract act, 1872 and finds expression in sections 59 to 61 under the heading "appropriation of payments". the said sections read as follows- 59. application of payment where debt to be discharged is indicated.where a debtor, owing ..... case it could be said that neither party made any appropriation earlier.130. thus, under the provisions of the indian contract act the said adjustment/appropriation done by the adjudicating authority cannot be challenged.131. apart from the provisions of the contract act dealing with the appropriation of payments and assuming that the provisions of contract act do not apply to the instant case because the authority ..... functioning under the central excises and salt act is not a court nor can ..... jia ram v. sulakhan mal air 1941 lahore 386, a full bench of the lahore high court held that sections 59 to 61 of the contract act embody the general rules as to appropriation of payments in cases where a debtor owes several distinct debts to one person and voluntarily makes payment to him. they do not deal with cases .....Tag this Judgment!
Court : Orissa
Reported in : AIR1961Ori148
..... . there was, however, no cross-appeal from that part of the decree. in appeal, the learned lower appellate court found that the plaintiff can appropriate the said sum towards past arrears under section 60 of the indian contract act; and accordingly decreed the suit in favour of the plaintiff for the entire sum claimed in the suit. hence this second appeal.3. the only ..... -production of accounts; and lastly he relied on certain alleged errors of fact.4. on the main point of creditor's right of appropriation, for the sake of convenience of reference, sections 59, 60 and 61 of the indian contract act are quoted below:'section 59. where a debtor, owing several distinct debts to one person makes a payment to him, either with express ..... point of law, which is involved in this appeal, is whether the plaintiff had right of appropriation of the said sum of rs. 553/10/9 towards the past arrears of his salary under the indian contract act. mr. h. panda, learned counsel for the defendant appellant contended that neither section 59 nor section 60 nor section 61 applied ..... s. barman, j.1. the question of creditor's right of appropriation under the indian contract act. is the main point involved in this second appeal filed by the executive officer, endowment trustee board dakhinparswa alias sree ramdas math, town puri (defendant no. 3 in the suit) .....Tag this Judgment!
Court : Rajasthan
Reported in : (1995)121CTR(Raj)255; 213ITR443(Raj)
..... act and thus the appropriate authority took objections with regard to the legality of the transaction, which had nothing to do ..... in view of the orders having been passed under the urban land ceiling act and that the agreement to sell was not capable of being made certain and was void as per section 29 of the indian contract act, the appropriate authority had found that the agreement to sell was a contingent contract depending upon the orders of the competent authority under the urban land ceiling ..... of certain rights in favour of the transferee in accordance with the provisions of section 53a of the transfer of property act; according to the appropriate authority, possession of the property had been handed over to the transferee and there had been a part performance of the contract and the alters part of the provisions of chapter xx-c of the income-tax ..... with violation of any of the provisions of the income-tax act and therefore, the supreme court agreed that two .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1997Kant62; 1996(3)KarLJ1
..... . it is contended by the counsel for the writ petitioner that above provision cannot have any overriding effect on the general provisions regarding appropriation contained in the indian contract act. it is further contended that the petitioner having indicated the manner of appropriation by his letter the above regulation cannot have any application. but we are not inclined to accept the contention. it is well ..... settled that the provisions contained in sections 59 to 61 of the contract act deals with cases where there are several distinct debts and does not ..... has no authority to recover arrears as regulation 30.05 is beyond the power given under section 79 of the act and that it is penal, unjust and usurious and cannot be enforced. it was also contended that when the petitioner has indicated the mode or appropriation of the payment in a particular manner regulation 30.09 which provides for mode of ..... petitioner is not entitled to rely on the general law of appropriation.7. the learned single judge held that no action has been initiated under the karnataka electricity board (recovery of dues) act 1976. so far as the liability under the regulation is concerned it was held that the bill amount will have to be paid within 15 days from the date .....Tag this Judgment!