Court : Mumbai
Reported in : (1930)32BOMLR1376
..... , it must be ascertained whether the person so acting held such a position to the other as either directly to create or by implication reasonably ..... to justify the inference that by the act done for the other person he was entitled ..... indian contract act.5. it is not every payment which is made for the benefit of another that the person making the payment is entitled to recover it by a suit. in punjabhai v. bhagwandas ilr (1928) 53 bom. 309 : 31 bom. l.r. 88 it was held that in ascertaining whether an act is lawfully done within the purview of section 70 of the indian contract act ..... it is urged on behalf of the appellant that the claim is within time by virtue of section 65 of the indian contract act and article 97 of the indian limitation act, and that time would begin to run from the date of the decision in appeal when it was decided that ..... the previous litigation that the plaintiff's sale-deed was sham and without consideration. under the circumstances i think that section 65 of the indian contract act cannot have any application to the facts of the present case.8. article 97 prescribes limitation for a suit for money paid upon an .....Tag this Judgment!
Court : Chennai
Reported in : (1970)2MLJ256
..... morality. to support such a suit there must be an obligation, express or implied, to repay. in order to ascertain whether an act is lawfully done within the purview of section 70 of the indian contract act, it must be ascertained whether the person so acting held such a position to the other as either directly create or by implication reasonably to justify the inference that ..... by the act done for the other person, he was entitled to look for compensation for it from the other person for whom ..... for the benefit of sri n. r. sundaraja iyer and other sugarcane growers.15. after the above finding, the learned district judge held that under section 70 of the indian contract act, the plaintiff was entitled to compensation from the defendant-company.16. then there arose the question of the quantum of compensation. he noted that the plaintiff wanted compensation computed at ..... sugarcane in a manner that could ensure success ?and whether by reason of the said services the defendant derived any benefit ?5. whether the ingredients of section 70 of the indian contract act are satisfied for the plaintiff to bring the suit ?6. whether the suit framed for taking accounts and for claiming unspecified compensation is maintainable ?7. to what compensation, if .....Tag this Judgment!
Court : Orissa
Reported in : AIR1954Ori241; 20(1954)CLT505
..... performed by the promisor himself his representative will not be competent to perform the same. thus in the indian contract act also it is stated expressly that the question is one of ascertaining the true intention of the parties. the english decisions dealing with contracts of personal service have been referred to in the commentaries under these two sections in pollock and mulla ..... a broad proposition of law this argument may be right. but in construing sections 37 and 40, indian contract act, there is no special reason as to why the principles of english law as regards contracts between master and servant may not be applied in ascertaining the true intention of the parties.11. the whole question, therefore, resolves itself into whether at the ..... on indian contract act and there seems therefore no doubt that the principle laid down in those decisions as regards the implied ..... condition in cases of contracts of personal service would apply with equal force. mr. rao relied on a recent decision of the .....Tag this Judgment!
Court : Madhya Pradesh
..... is not mentioned properly in the agreement, the agreement will not become a void agreement. referring to section 29 of the indian contract act, 1982, learned senior counsel argues that if the meaning and import of the agreement is capable of being ascertained from the agreement then such an agreement would not be a void agreement. referring to illustrations given under section 29 of ..... the indian contract act particularly, illustrations (c) and (e), learned senior counsel argues that in the agreement in question the identification of the property ..... available in the agreement are sufficient enough to identify the property on the basis of the particulars available.6. accordingly, keeping in view the provisions of section 29 of the indian contract act, principles of law laid down in the cases relied upon and the agreement which are available on record, i am unable to accept the contention of the respondents that ..... made out from the description of the property given in the agreement, the agreement will not be a void agreement in view of the provisions of section 29 of the indian contract act. that apart, as held by the supreme court in the cases of sheodhyan singh (supra) and ram khilona (supra), mere mis-description of the property in the agreement will .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1961Raj223
..... understood course of practice.' (page 320, indian contract and specific relief acts by pollock and mulla, (1957) 8th edition). in my humble opinion, this much can be deduced from section 47 ..... to the firm. he can effectually release the debtor and also give a valid receipt for the debt......'10. the eminent commentators pollock and mulla in their commentary of the indian contract act nave stated that the better opinion was that the representatives of a deceased partner were not necessary parties to a suit for tile recovery of that which accrued due to ..... provisions granting certain facilities in the matter of institution of suits to trading concerns and the procedure to be followed thereafter. by virtue of rule 4, section 45 of the indian contract act stood modified when the joint promisees were partners of a trading firm and the suit was instituted in the manner laid down in order 30, rule 1.7. rule 4 ..... observed that:'the case is not literally covered by section 47 of the indian partnership act (formerly section 263 of the contract act), but it may be held that a contrary intention within the meaning of the present section sufficiently appears from the nature of the transaction when it is once ascertained to be a partnership transaction, regard being had to the uniform and well .....Tag this Judgment!
Court : Allahabad
Reported in : 125Ind.Cas.453
..... delivery at any time unto phagun sudi 5th corresponding to the 17th of february, 1926. we are clearly of opinion that the goods purchased were 'ascertained goods' within the meaning of s, 78 of the indian contract act. the property in the goods did not cease to pass to the purchaser simply by reason of the latter not having found it convenient to take ..... (law of contracts, 17th edition, 1921, page 462) the expression means 'goods which the parties have agreed upon as the goods to be appropriated to the ..... s, 51 of the indian contract act is not applicable to the terms of the contract in hand.34. we have no doubt as to the principles applicable to the transaction between the parties, (1) in the absence of a contract to the contrary, as the presumed intention of the parties and as a matter of law, the property in the ascertained goods passes to the ..... a sale of ascertained goods, in the absence of a contract to the contrary, the property in the goods passed at once to the purchaser who must bear all risks and damage to the goods notwithstanding the fact that the entire price had not been paid or delivery taken. the word 'ascertained' has not been defined or explained in the indian contract act. according to chitty .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2001SC3367; 2001(3)ARBLR110(SC); 2001(49)BLJR2289; JT2001(6)SC622; 2001(5)SCALE483; (2001)8SCC133
..... , and as such the agreement in question for sale of 5 permits at a price to be ascertained was unlawful within the meaning of section 23 of the indian contract act, 1872 and accordingly it would be void in view of the provisions of section 24 of the indian contract act, 1872. in the written statement filed by the 1st defendant as well as the other defendants ..... same applies to immovable property alone and not to movable. section 58 of the sale of goods act expressly lays down that subject to the provisions of chapter ii of the specific relief act, 1877, in a suit for breach of contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the application of the plaintiff, by ist decree ..... was passed by the regional transport authority in view of the provisions of section 31 of the motor vehicles act, 1939 and section 19 of the sale of goods act, 1930, which lays down that if there is a contract for sale of a specific or ascertained goods the property in them is transferred to the buyer at such times as the parties to ..... direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1924Bom325; (1924)26BOMLR155; 79Ind.Cas.1012
..... as the goods have been placed on board, the property passes to the buyer because the goods have been appropriated to them. section 83 of the indian contract act is as follows:--where the goods are not ascertained at the time of making the agreement for sale but goods answering the description in the agreement are subsequently appropriated by one party for the purpose ..... agreement, and that appropriation is assented to by the other, the goods have been ascertained, and the sale is complete.8. we do not think that on this question there is any material difference between the english law of contract and the law as laid down in the indian contract act. whether the property in the goods has passed in the case of a c ..... clearly the seller has shown his intention to retain the disposal of the goods under his own control. see page 482 of the last edition of pollock and mulla's indian contract act, where a reference will be found to a passage from mr. benjamin's treatise of the sale of goody which now appears at page 420 of the sixth edition. i ..... question are mentioned and discussed. there was consequently no assent to the appropriation of these bales by the defendants so as to bring the case under section 83 of the indian contract act. mr. binning eventually did not dispute this proposition and applied to amend the plaint so as to sue in the alternative for damages though for other reasons he did not .....Tag this Judgment!
Court : Gujarat
Reported in : (1966)7GLR512
..... govern a claim of damages in any action and they are well laid down in section 73 of the indian contract act. section 73 of the indian contract act runs as under:when a contract has been broken, the party who suffers by such ..... breach is entitled to receive, from the party who has broken the contract, compensation for ..... contemplated under section 73 of the indian contract act. in a case of pratapchand v. raghunath rao a.i.r. 1937 nagpur 243, it was held that the word 'compensation' used in section 19 of the specific relief act, must be understood in the sense of damages contemplated in section 73, contract act. that way the compensation has to be ascertained by the same principles as would ..... judge. the only amount that the plaintiffs would be entitled to get by way of compensation or damages having regard to section 19 of the specific relief act read with section 73 of the indian contract act and the explanation thereto, would be the amount of rent for a period of 21 months viz. from 16-9-1953 till 30th november 1953 as found .....Tag this Judgment!
Court : Chennai
Reported in : 2008(1)CTC681; (2008)2MLJ123
..... to administer the teacher training institute without the approval of the competent authority and whether the same is permissible in view of section 23 of the indian contract act, 1872 is to be ascertained. section 23 of the indian contract act clearly states that every agreement, of which, the object or consideration is unlawful, is void. as per section 23, the consideration or object of an agreement ..... supreme court in the decision reported in : (1986)iillj171sc (central inland water transport corporation ltd. v. brojo nath) : (1986)iillj171sc . in paragraph 92, the supreme court held thus:92. the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public policy', or 'contrary to public ..... , it does not cease to be a service to society. and even though an occupation, it cannot be equated to a trade or a business.(d) section 23 of the indian contract act, which is referred above clearly states that if any agreement is forbidden by law or is opposed to public policy, the same is void. whether the agreement is opposed to ..... sold by the promoters as a tradable commodity to the agreement holder viz., k. ravi and the same is impermissible as it is in violation of section 23 of the indian contract act, 1872. the agreement dated 12.4.2005 is void since both the parties are guilty of violating the provisions of the ncte .....Tag this Judgment!