Court : Chennai
Reported in : AIR1952Mad754; (1952)1MLJ463
..... ithayi umah v. kairhirapokoil, 3 mad 248, a bench decision wherein it has been held that:" section 2 of act ix of 1875 (indian majority act) refers only to the capacity to contract which is limited by section 11 of the contract act, and not to the capacity to sue, which is purely a question of procedure and regulated by the civil procedure code, chapter xxxi".3. this decision has ..... :"a relinquishment of her right to dower by a muhammadan woman who is a minor, under the indian majority act, is invalid under the indian contract act (ix of 1872). to relinquish dower is not to act in the matter of dower within the section 2 of the indian majority act".apart from these two decisions, no other decision of this court on the point in question has ..... respect of maintenance, dower etc. it was urged in the court below that the indian majority act had no application because of the provisions of section 2(a) of that act. the lower court was of opinion that that provision referred only to the capacity to contract and not to the capacity to sue which was purely a question of procedure and was regulated by chapter ..... a next friend by virtue of section 2(a) of the indian majority act. the case of parsis is different."they followed the decision in 'bai shirinbai v. kharshedji', 22 bom 430 wherein it was said that the majority act did not use the expression "capacity to contract" taut used only the words "capacity to act" which were said to he of much wider import. in 'mt .....Tag this Judgment!
Court : Allahabad
Reported in : (1885)ILR7All490
..... this case render him liable to the claim.8. reserving, however, for the present my opinion as to the law which would govern his age of majority for contractual capacity within the meaning of section 11 of the indian contract act (ix of 1872), i concur with my honorable colleagues in remanding the case to ascertain the exact domicile of the defendant-respondent row. ..... consideration, i am induced to alter the opinion which i formed when this case came before the divisional bench, that the capacity to contract with reference to age of persons not domiciled in british india should be governed by the indian majority act as the lex loci on the subject.5. by the rule of the jus gentium as hitherto understood and recognized in ..... ), and i was disposed to assume that the indian legislature had intended the same rule to have force in british india; but in framing the indian majority act (act ix of 1875) which is the lex loci on the ..... england, the lex loci would govern in respect to the capacity to contract (story's conflict of laws, 7th ed., sections 100 to 103, and 241 .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Jabalpur
Reported in : (1983)6ITD166Jab
..... karta of the huf. before a person can be a partner, he is to have a capacity to contract, while sanjay kumar had none. according tosection 30 of the indian partnership act, 1932, a person who is a minor according to the law to which he is subject may not be a partner in a firm. such ..... of her being a partner, the minor shall be deemed to be a partner in his capacity as the karta of the huf, because a karta has to act on behalf of the family and his actions necessarily involve entry into contracts, which the minor legally cannot do. considering all this position of law, we are of ..... be seriously disputed but before the same can be invoked, it has to be shown that the karta of the family was a partner of the firm in his capacity as such. here, in the present case, bajranglal, husband of the assessee, had expired on 5-12-1965. sanjay kumar, the son of the assessee, was ..... the said share income had been wrongly included in the hands of the present assessee, because it did not belong to sanjay kumar in its individual capacity, but in his representative capacity as the karta of the huf. reference was made to the following decisions of the hon'ble supreme courtcit v.kalu babu lal chand  ..... a minor is not personally liable for the acts of the firm. he cannot sue the partners for an .....Tag this Judgment!
Court : Mumbai
Reported in : (1948)50BOMLR503
..... the high court of judicature at madras on april 28, 1944. the court (krishnaswami ayyangar and somayya jj.) held that somasundara had not the requisite capacity to contract as laid down in section 12 of the indian contract act and that his ' helpless state and weak mind were taken advantage of by unscrupulous persons,' it decreed accordingly that the power-of-attorney and the 11 ..... subject of the sale-deeds. in their substance the grounds of this claim were (1) that somasundara was not of sound mind within the meaning of section 12 of the indian contract act, 1872, at the dates of the transactions in question, and (2) that those transactions had all been induced by undue influence, as denned in section 16 of the said ..... appellant and of each appellant against the respondent depended, in its substance, on the view taken of the evidence as a whole and turned on the same issue regarding the capacity of somasundara. on the facts of this appeal there was, indeed, but one 'matter in dispute', unless the mere circumstance of a plurality of appellants decrees otherwise. on the true ..... act, on the part of the defendants or some of them.2. the suit thus started ran an involved and tedious course the details of which need not now be recounted .....Tag this Judgment!
Court : Supreme Court of India
..... had actually and unequivocally waived the requirement of 95% of contracted capacity demand and that the appellate tribunal was right in this behalf. countering the arguments of the appellant, they referred to and relied upon section 63 of the indian contract act, 1872 to buttress their submission that waiver is a right granted by the contract act and does not depend upon the ppa. therefore, whatever the ..... . in order to better understand, conceptually, the difference between amendment and waiver, it is necessary to advert to sections 1, 62 and 63 of the indian contract act, 1872. section 1.short title.-this act may be called the indian contract act, 1872. extent, commencements.-it extends to the whole of india except the state of jammu and kashmir; and it shall come into force on the ..... madholal sindhu, ilr1948(2) bom 1. the learned chief justice after setting out the facts had this to say on the effect of section 1 of the contract act: the indian contract act of 1872 applies to all contracts in india and with regard to a pawn is a codification of the english common law. speaking of the common law right to sell mr. justice story ..... that there was no consent. [para 13].20. regard being had to the aforesaid decisions, it is clear that when waiver is spoken of in the realm of contract, section 63 of the indian contract act governs. but it is important to note that waiver is an intentional relinquishment of a known right, and that, therefore, unless there is a clear intention to relinquish .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1928Bom539; (1928)30BOMLR1407
..... , in my opinion, be brought strictly within the words of the exceptions to section 25. therefore, in her personal capacity defendant no. 1, by executing this promissory note, incurred no liability by virtue of anything contained in section 25 of the indian contract act.16. but it is further urged that there was consideration for the promissory note of another kind. it is said ..... to do so. now there were the debts of her husband, and in her personal capacity she was not liable for those debts. and if she undertook to pay those time-barred debts, she can only be held liable by virtue of section 25 of the indian contract act. section 25 begins by reciting that an agreement made without consideration is void. that is ..... say, that there is nothing done, and there is no promise made for the benefit of the principal debtor. it is not always easy to construe the provisions of the indian contract act with accuracy, but if it be true that the exceptional cases set out in section 25 are cases of agreements wherein there is no consideration, then, though the law may ..... case of an executor who gives a promissory note in consideration of a time-barred debt is precisely within the terms of the 3rd exception to section 25 of the indian contract act, for he is a person against whom but for the statute of limitation the creditor might have enforced payment, to the extent of course of the estate in his hands .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1959All29
..... is not open to the appellant to contend before us that as he had instructed the plaintiff in his capacity as agent the plaintiffs suit was barred by sections 230 and 235 of the indian contract act. the liability which the plaintiff sought to enforce and for the enforcement of which the decree against the ..... clearly barred by sections 230 and 235 of the indian contract act.5. sections 230 and 235 indian contract act could apply only if the appellant had instructed the plaintiff to arrange for the sale in the capacity of an agent of the company and not in his personal capacity. the pleadings show that it was not the case ..... of the learned counsel for the appellant will be found in section 43 of the indian contract act and particularly illustration 'a' appended to that section. if the appellant alone appointed the plaintilf his agent and entered into the contract dated 22-12-1941 he could certainly be made liable on its basis and ..... not allege in the plaint that the appellant was an agent and the appellant too did not plead in his written statement that he had acted in the capacity of an agent. a director of a company is not necessarily the agent of the company or its share-holders.if, therefore, the appellant ..... those words for the agent is under no obligation to do anything, and consequently no term ean be implied in such a contract that the principal will not so act as to prevent the agent from earning his commission, as by disposing of the property himself or through another agent or by .....Tag this Judgment!
Court : Delhi
Reported in : ILR1972Delhi355
..... as in this case. (25) section 230 of the indian contract act provides that in the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal nor is he personally ..... , the respondent was not bound to perform the promise, or discharge the liability, of the appellant within the meaning of section 126 of the indian contract act. the appellant has not elicited any statement from harbans lal (pf.i) to the effect that the said bank was bound to make a ..... indian contract act. in so far as the appellant is concerned, the principal, namely, the firm dwarka dass ram lal, was a disclosed principal and the action against him must be by or on behalf of the firm or in the names of all its partners and not by the respondent in his personal individual capacity ..... amount covered by the mortgage deed executed by them in favor of the creditor which was equivalent to payment under section 145 of the indian contract act. this case also would not help the appellant because the right of the surety to recover the amount from the principal debtor arises only ..... , it was the firm which had entered into the contract of guarantee which was executed and performed by the respondent in his capacity as a partner and as an agent of the firm. (22) to constitute a partnership, section 4 of the indian partnership act requires (1) an agreement between two or more persons .....Tag this Judgment!
Court : Mumbai
Reported in : (1907)9BOMLR1164
..... he holds that 'there is nothing to justify the inference that the defendant's mental capacity was affected by reason of mental distress so as to bring the case within sub-section (2)(b) of section 16 of the indian contract act. i agree that there is no sufficient evidence to show this. the defendant 1 was ..... a government servant of an highly intelligent class and his mental capacity would probably remain quite unaffected by his financial embarrassments.' if, then, there was ..... s view of law that the facts found by him satisfy the first condition of undue influence laid down in clause 1 of section 16 of the contract act. nor can we uphold his view of the law as applied to the facts with reference to the second condition. those facts are that the ..... law on the subject, but in its application to the circumstances of each case. but the terms of the law embodied in section 16 of the contract act are explicit and admit of no ambiguity. there should be no difficulty as to their application. the law contained in the section is, as has been ..... 'the plaintiff was in a position to dominate his will' within the meaning of that term in clause 1 of section 16 of the contract act. under that clause 'a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1985Guj106; (1985)1GLR49
..... , there is no reason why proper award cannot be passed against the signatories of the surety bond in their personal capacities as sureties. mr. nanavati's objection that even the concerned signatories would get exonerated on account of section 141 of the indian contract act cannot help him in arbitration case no. 1582 of 1975 for the simple reason that the tribunal has found ..... pleadings and proving their defence under section 141 of the indian contract act; that so far as the aforesaid arbitration case was concerned, as held by the co-operative tribunal itself no such evidence were placed and consequently the award ought to have been passed at least against the concerned signatories in their individual capacities as, sureties for the suit claim.5. mr. j ..... the partners of opponent no. 3 firm rightly disowned their liability under the surety ship agreement in favour of petitioner-bank as they got discharged under section 141 of the indian contract act in view of the fact that the manager of the petitioner- bank. shri raval in his deposition clearly stated' that the hypothicated goods which formed the subject matter of ..... in their personal capacities but only as partners of the firm, hence no personal decrees can be passed against them. alternatively mr. nanavati submitted that even as signatories below the surety bond if the concerned two partners are to be held liable to meet the suit claim, they would be entitled to submit that under section 141 of the indian contract act they are .....Tag this Judgment!