Court : Chennai
..... 24.the word 'default' has been defined in vol.i of webster's third new international dictionary at p.590 thus:to fail to fulfil a contract or agreement, to accept a responsibility; to fail to meet a financial obligation.25. in black's law dictionary (fourth edn.) at p.1773 ..... the transfer of a right to enjoy the property, on the other hand the definition of a 'licence' under section 52 of the indian easements act, 1882, consistently with the above, excludes from its pale any transaction which otherwise, amounts to an "easement" or involves a transfer ..... setty v. k.p. papiah setty1 the constitution bench, interpreting the expression entitled to possession in a pari materia provision contained in a mysore act held that the expression would not include another tenanted accommodation wherefrom the landlord could evict the tenant by making out a ground for eviction nor would ..... called 'possessory licences' which confer a right of exclusive possession, marking them off fromt he more usual type of licences which serve to authorise acts which would otherwise be trespasses. thus exclusive possession itself is not decisive in favour of a lease and against a mere licence, for, even the ..... the word 'wilful' has been defined thus:'wilfulness' implies an act done intentionally and designedly; a conscious failure to observe care; conscious; knowing; done with stubborn purpose, but not with malice.the word 'reckless as .....Tag this Judgment!
Court : Chennai
Reported in : AIR1969Mad423; (1969)1MLJ605
..... agency by the principal is inequitable or works an unjust hardship on the agent, the law requires a reasonable notice to be taken. the indian oil corporation cannot arbitrarily terminate the contract of employment nor they can break the contract prematurely or without the 'specific notice. it is a case of a wrongful dismissal and the plaintiff can sue for damages. it is ..... and to pay for that service. it is clear therefore, that any unilateral termination of the relationship by either party will be wrongful unless it is in accordance with the contract. having regard to its nature, terms and the surrounding circumstances, it must be decided that it is not reasonable that revocation should be available to one party alone.5. learned ..... be implied that it was not intended to be permanent and perpetual, but was to be in some way or other subject to determination.'in all indefinite mercantile or commercial contracts, the question whether the relationship of principal and agent can be terminated by a reasonable notice or only by mutual consent is one of construction, subject to the rules of ..... scale throughout the territory, and inter alia, not to sell or be interested in any way in the territory in products which might be competitive with the plaintiffs' and to act as general consultant to the plaintiffs concerning the marketing of the products in the territory, while the plaintiffs agreed not to appoint any other person as their agents or distributors .....Tag this Judgment!
Court : Mumbai
Reported in : (1928)30BOMLR275
..... the responsibility of the railway for the loss, destruction or deterioration of the articles should be subject to the provisions of section 72 of the indian railways act, 1890, in these circumstances it appears to their lordships that the goods were delivered to the railway company for carriage and were so accepted ..... was placed on the provision contained in the risk-note which prevented the note from attaching if the sender 'shall have entered into a special contract in relation to any particular consignment,' and it was suggested that in view of this provision, which was referred to as an option to the ..... protect the respondent company from liability.6. first, it was said that the note did not comply with the requirements of section 72 of the indian railways act, 1890, which requires that an agreement purporting to limit the responsibility of a railway administration for the loss, destruction or deterioration of animals or ..... quotes both owner's risk or special reduced rates and railway risk or ordinary rates are (unless i/we shall have entered into a special contract in relation to any particular consignment) despatched by me/us at my/our own risk and are charged for by the g.i.p. railway ..... sender to enter into a special contract, the note did not attach until the goods were actually despatched. the answer is that no such special contract had been entered into, or indeed proposed, as to these particular goods, and accordingly that .....Tag this Judgment!
Court : Chennai
Reported in : (1942)1MLJ44
..... applies to cases where the pawnor obtained possession of the goods under a contract which is bad under sections 19 and 19-a of the contract act. here it is not a case where the pawnor obtained possession of the goods under a contract which is voidable for coercion, misrepresentation, fraud or undue influence which are the four categories provided for ..... open to any of the above infirmative circumstances? entrusting a person with goods for safe custody is a -species of bailment. bailment is a contract under section 148 of the contract act. if the contract of bailment is vitiated by fraud or misrepresentation or undue influence, even then the goods can be the subject of a valid pledge. if so ..... bailment is valid, he gets only a right to be in custody and if it is voidable for reasons mentioned in sections 19 and 19-a of the contract act, even then, it cannot come under section 178-a, because it is not a case of the pawnor's getting a defective title or 'possession' as ..... 178 is confined to cases of mercantile agents. section 178-a says that if the pawnor obtains possession of the goods under a contract which is voidable under section 19 or 19-a of the contract act, then, a pledge by him would be valid if the pledgee had no notice of the want of or defect of title ..... somayya, j.1. the question in this second appeal is whether after the indian contract (amendment) act of 1930 which came into force on the 1st of july of that year, jewels entrusted for safe custody can be the subject of a valid .....Tag this Judgment!
Court : Chennai
Reported in : 114Ind.Cas.358
..... , the learned vakil who appeared for the petitioner, relied on section 72 of the contract act and on the change in the language of article 96 of the limitation act of 1908. we may at once observe that there can be no case of coercion in this case, for it is not suggested that the goods were demanded by the ..... : 25 cri.l.j. 459 as being cases of mistake as to private rights. the same conclusion seems to emerge on a consideration of the sections of the contract act. though the word 'mistake' in section 72 is not limited it must refer to the kind of mistake, that can afford a ground for relief as laid down ..... upon the private or the special right of the petitioner and, therefore, it cannot become a ground of relief within the meaning of section 72 of the contract act or article 96 of the limitation act. in allcard v. walker (1896) 2 ch. 369 : 65 l.j. ch. 660 : 74 l.t. 487 : 44 w.r. 661 stirling, j ..... the delivery of the goods, and could not have made such an offer or, in other words, the case of mistake would be inconsistent with the case of coercion. this is in fact conceded by mr. srinivasa aiyangar. the only question is whether there is such a mistake as would afford relief to the petitioner. on ..... thing that it should be refunded to the payer.'3. it is unnecessary to pursue this ground of the plaintiff's action with reference to english cases as the indian law seems to be clear, namely, that a mistake, in the sense that it is a pure mistake as to law in india, resulting in the payment .....Tag this Judgment!
Court : Chennai
Reported in : AIR1918Mad414; 34Ind.Cas.578; (1917)32MLJ494
..... the part of the 1st plaintiff's husband who is no party to ex. a, even if proved, cannot invalidate the document,' coercion is defined (contract act, section 15) as 'committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to detain any property to the prejudice of any person whatever, with the intention ..... criminal law does recognize also acts causing some of such sentimantal injuries as punishable). i agree with the lower courts that the prejudice to ..... own life by the threatened act was immaterial as ho was not a party to the deed. it is unnecessary to go into the question whether prejudice or injury to sentiments, feelings or supposed spiritual welfare is also contemplated in the definition of coercion in the contract act. (see, however. sections 298, 499, 508 etc., of the indian penal code showing that the ..... swami's own life is sufficient to bring his threat within the definition of 'coercion,' provided it was intended by .....Tag this Judgment!
Court : Mumbai
Reported in : (1923)25BOMLR640
..... deed or making a payment to the first defendant.7. the suit, therefore, becomes one for the specific performance of a contract which is barred by the article of the indian limitation act already referred to.9. this board are, for the reasons stated, of opinion that this appeal should be allowed and the ..... executed on february 7, 1890, and since that date the first defendant had until he died been in possession of the villages, acting as the absolute owner thereof. the contract of august 28, 1888, was entered into during the pending of the original suit. it recites briefly the facts above stated and ..... in the judgments of the high court that if the paid contract were a contract for sale the suit would essentially be one for the specific performance of a contract, and in that case it would be clearly barred under article 113 of the indian limitation act. it is well to bear in mind that the terms ..... high court of judicature at madras were in agreement that the legal relation between the plaintiff' and the first defendant is settled and determined by a contract in relation to the said villages entered into on august 25, 188s, between sri maharajulangaru, the plaintiff's father, and the first defendant saravana pillai ..... of this section relate to any contract.3. on the view taken by the high court of the contract, however, it was held that the suit is really one for .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1932Cal524,138Ind.Cas.852
..... give to the buyer of goods a better title to those goods than he himself has is not an inflexible proposition as the exceptions to section 108, contract act, will show. on behalf of the plaintiff, in order to show that the mortgagee should have priority, reliance has been placed upon some other cases. of ..... decreed till realization.32. the bank have asked to be allowed now to produce the machine saying that it has again come into their possession on the indian soap company having gone in liquidation. to this the plaintiff objects and his objection seems 'to us to be perfectly reasonable in view of the long ..... says:i saw the proprietors of some of the important presses and 'informed them that we were going to sell the goods. i saw the proprietor of the indian soap company, calcutta art printing press and c. d. karmakar's press. there are several other big presses in calcutta. i did not send any information ..... having amounted to rs. 4,216-9-c on 31st december 1926, the bank, after giving notice to the mortgagors, sold the pledged properties to the indian soap company on 10th january 1927 for rs. 4,425 and appropriated the sale proceeds in full satisfaction of their dues leaving a balance of rs. 208 ..... was completed, the bank paying the lorry-hire for the removal; and several days after, the price was paid by the indian soap company and received by the bank. an employee of the indian soap company, one biswas, has given evidence on behalf of the bank that the company was not a limited company, .....Tag this Judgment!
Court : Rajasthan
Reported in : 1992(1)WLC519; 1991WLN(UC)276
..... rules.8. it will be appropriate to look into certain provisions of the contract act. in the matter under consideration, the consent to enter into a contract was given by both the parties, without any coercion/undue-advantage etc. therefore, consent was in accordance with section 14 of the said act. it was pointed out on behalf of riico that some of the petitioners ..... show that it waived its right to cancel the allotments on this account. in this situation, as per provision of section 39 of the contract act, respondent signified, by words or conduct, his acquiescence to continue the contract. it is, therefore, evident that when the offer is made and the other party accepts the same, deposits the full amount of the cost ..... enforcement of the promise.' thus, the doctrine of promissory estoppel is equitable doctrine and will be applied when the equity so requires. in the matter under consideration, when the contract is complete, payment has been made, possession of the plots has been handed over and the petitioners are anxious to construct their own nursing homes/clinics/hospitals, it can be ..... nursing homes to attain the broad objective of health for every one by 2000 a.d. the concept of promoting hositals in the organised sector was discussed with the director, indian institute of health management research (iihmr) who in principle, supported the proposal. thereafter, byway of advertisement, applications were invited on september 19, 1988. 150 applications were received. subsequently, .....Tag this Judgment!
Court : Chennai
Reported in : 35Ind.Cas.111
..... present case is governed by any such, or by any of the sections of the contract act itself. there is no plea of coercion, fraud, undue influence, etc., on account of which the act provides for the invalidating of a contract; on the face of it section 74 has reference not to the primary term of ..... rely on the practice of that court in giving relief in cases of unconscionable bargains; they give no other reason for disregarding section 37 of the contract act. how far the practice of the allahabad high court has been affected by the peculiar circumstances of that province, will be apparent from the judgment ..... it was justified in travelling outside the scope of the contract act in a case easily distinguishable from the one therein dealt with. i may quote the closing words of their lordships' judgment:'this equitable doctrine appears ..... or the learned judges of the high court proceeded as regards this clause. the judgment simply deals with the applicability of section 74 of the contract act to the following clause providing for consequences of breach.13. the next case, to which i shall refer and which demands closer attention, is ..... 1875) 10 ch. app. 389 : 23 w.r. 531 : 32 l.t. 353 as surmised by sir f. pollock (vide pollock and mulla's indian contract alt, pages 85--86). i certainly think that as the law now stands, a court should hesitate to infer from this pronouncement of the privy council that .....Tag this Judgment!