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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: allahabad Year: 1966 Page 1 of about 67 results (0.073 seconds)

Mar 23 1966 (HC)

Shyam Lal Vs. State of Uttar Pradesh, Lucknow and ors.

Court : Allahabad

Decided on : Mar-23-1966

Reported in : AIR1968All139

..... court and it was paid under that order which was binding on the defendants. it was not a payment made under any mistaken belief. section 72 of the indian contract act, therefore, did not apply.22. it can, however, not be doubted that a result of the writ petition in this court and the appeal in the supreme ..... been wrongly paid to thelaintiff. it was pointed out on behalf of the tate that such a claim is based on section 72 of the indian contract act.19. section 72 of the indian contract act provides:'a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.'section 72 ..... of the contract act apparently does not apply. the amount has not been paid by mistake, but it has been paid under the order of the court which ultimately stands ..... act, they were payments of tax and even though the terms of section 72 of the indian contract act applied to the facts of the present case no monies paid by way of tax could be recovered. we do ..... they were not due and that mistake on being established entitled it to recover the same back from the state under section 72 of the indian contract act. it was, however, contended that the payments having been made in discharge of the liability under the u.p. sales tax .....

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Jul 08 1966 (HC)

Gauri Shanker Pandey and anr. Vs. Chandari Girja Prasad Singh

Court : Allahabad

Decided on : Jul-08-1966

Reported in : AIR1967All262

..... out of the possession of the tenant and he filed a suit for recovery of compensation against his landlord. the suit was decreed. the principle of section 66 of the contract act was applied to the case.we think that this case was not rightly decided for the obvious reason that this was not a case where the ..... rent. he is not entitled to any refund for the amount which he might have paid earlier for obtaining the tenancy.in the second place under section 65 of the contract act the party who obtains an advantage under the contract is bound to refund the same. whereas in the present case the defendant having obtained rs. 950 under the ..... .5. coming to the next basis upon which the claim is made, namely, section 65 of the contract act there are several objections. in the first place after the contract terminated in a transfer of property the transaction went out of the domain of the contract. all that remain ed to be seen was the rights between the landlord and the tenant. where a ..... . 950 and secondly his contention is that in any case on account of the legislation the contract between the parties became void and under section 65 of the indian contract act the landlord defendant was bound to refund the advantage which he obtained from the plaintiff under the contract and he contends that this sum of rs. 950 was the advantage which the defendant .....

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Jan 17 1966 (HC)

Chajju Lal and anr. Vs. Dr. Ram Pal Singh

Court : Allahabad

Decided on : Jan-17-1966

Reported in : AIR1968All79

..... agreement between the parties as alleged in the plaint and the decision of the lower appellate court on the applicability of section 23 of the contract act and its decision about consideration being wrong the next question that arises is as to what should be the nature of the decree to be ..... lower appellate court having accepted the agreement has erred in holding that the agreement was without any consideration or was hit by section 23 of the contract act. two co-sharers can by mutual arrangement partition a property and in order to bring about amity between the parties and convenience can agree not ..... parties on this point and i am of opinion that the decision of the lower appellate court so far as applicability of section 23 of the contract act or consideration is concerned is erroneous in law and cannot be upheld.9. before proceeding to decide the point raised a further fact has to ..... had been proved and repelling the contention of the defendant that the agreement, if any, was unlwful and contrary to section 23 of the indian contract act decreed the suit as prayed,5. the defendant preferred an appeal before the lower appellate court and the lower appellate court framed two points for determination ..... part of the building. it was further asserted that in any view of the matter the agreement was void under section 23 of the indian contract act and that the plaintiffs' real object was to snatch away the defendant's share of the triangular land.4. the trial court framed relevant issues .....

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Sep 01 1966 (HC)

Firm Rupram Kailash Nath Vs. Co-operative Union and anr.

Court : Allahabad

Decided on : Sep-01-1966

Reported in : AIR1967All382

..... paid to him by the first defendant, then in such circumstances the first defendant would be liable for the fraudulent act of the agent, viz., the second defendant.7. the relevant provisions of the contract act are:'section 186. the authority of an agent may be expressed or implied. section 187. an authority is ..... high court in bissessardas kasturchand v. kabulchand asaram. air 1945 nag 121, observed:'even if the agent has acted in excess of his actual authority the liability of the firm remains, if the contracting party has been led into an honest belief in the existence of the authority to the extent apparent to ..... his employment, although the principal did not authorise, or justify, or participate in, or indeed know of such misconduct, or even if he forebade the acts, or disapproved of them.' 'but although the principal is thus liable for the torts and negligences of his agent yet we are to understand the doctrine ..... anything contrary to law. in the present case, admittedly defendant no. 1 accepted the goods. in the absence of any finding that the plaintiff had acted fraudulently or in collusion with the second defendant in supplying the goods on credit to the first defendant, it must be held that the goods were ..... him. even if fraud is committed by agent for his own benefit the firm is liable if the agent is acting within the scope of his implied .....

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Sep 20 1966 (HC)

Bishal Chand JaIn Vs. Chattur Sen and ors.

Court : Allahabad

Decided on : Sep-20-1966

Reported in : AIR1967All506; (1968)IILLJ708All

..... after making complete enquiry. the cashier incharge would be responsible and liable to indemnify the treasurer for any shortage or loss caused by any act of commission or neglect on the part of such employee, if the report of the cashier incharge regarding the financial status of such employee ..... . used to remain in the custody of cash staff, who were responsible to indemnify the plaintiff for any loss caused to him on account of acts of omission or commission, negligence, embezzlement and theft.13. according to the plaintiff's case, defendants 1, 5 and 8 entered into a conspiracy ..... treasurer of the hindustan commercial bank, agre branch besides other branches; shri chattar sen defendant no. 1 was in plaintiffs service at saharanpur, where he acted as cashier in the rationing department, and defendants shriom prakash, sri som prakash and sri debi hand (defendants nos. 2, 3 and 41 respectively ..... was required to make oath, express provision to that effect has been made. article 60 of the constitution requires that every president and every person acting as president or discharging the functions of the president shall, before entering upon his office, make and subscribe in the presence of the chief ..... of the court as the president may appoint for the purpose.'the marginal note of the article consists of the following words :--'appointment of acting chief justice.'5. the notification referred to above uses the language used in article 223 of the constitution of india and the appointment made .....

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Dec 16 1966 (HC)

Purshottam Das Banarsi Das Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Dec-16-1966

Reported in : AIR1967All549

..... of the railway as public carrier is that of a bailee.22. learned counsel for the respondent has invited our attention to section 180 of the indian contract act and has urged that asbailee, the railway it as much entitled to file the suit for recovery of the goods from defendant no. 4 as the ..... the railway authorities were negligent in effecting delivery on the basis of railway receipt presented by defendant no. 3, the question that arises is whether the act of defendant no. 4 in accepting to advance money on the pledge of the commodity was the proximate result of such negligence on the part of the ..... such third person to occasion the loss must sustain it.'their lordships accepted the principle relating to interpretation of section 27 of the sale of goods act, and proceeded to examine english cases in which its application had been considered. the case on which the learned counsel for the appellant has based his ..... no way independent of those of the consignor. the position of the plaintiff was that of a bailee-cum-agent of defendant no. 1 and plaintiff acted as agent of defendant no. 1 in giving delivery of the consignment, as such the plaintiff did not have any right to institute and maintain any ..... rented for that purpose. defendant no. 3 had nothing to do with the dealings between the aforesaid person and the defendant no. 4. he did not act in collusion with any cheat. the plaintiff got defendant no. 3 arrested. eventually he was released on bail. the police did not find any case against .....

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Oct 03 1966 (HC)

Satya NaraIn Vs. Smt. Nanki Devi

Court : Allahabad

Decided on : Oct-03-1966

Reported in : AIR1968All224

..... was, but the language of the paragraph conveys an impression that the respondent admitted her signatures. this is obvious from the statement that 'the contract if any is proved is voidable at the instance of the defendant; having been induced by misrepresentation or undue influence.' this statement is virtually an ..... wordly affairs and is capable of protecting her own interests.7. as regards her relations with the appellant, it is established that he was acting as her pairokar in two suits. but as stated above a pairokar is not necessarily in a position of active confidence. it is note- ..... learned appellate judge that there was a relationship of active confidence between the appellant and the respondent as contemplated under section 111 of the evidence act is correct; and if not, whether this erroneous view vitiates his findings of fact. the respondent, to prove this alleged relationship of active confidence ..... district judge held that the appellant stood in a position of active confidence to the respondent and, therefore, under section 111 of the indian evidence act, the burden of proving the good faith of the transaction was on him. he then considered 'whether that burden had been discharged', and observed ..... and that he had repaired the houst before selling it she also produced certain documents with the object of showing that the appellant had acted as her pairokar in the fatehpur suit and in another proceeding at kanpur. she also produced two postcards written by the appellant's son .....

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Dec 01 1966 (HC)

Lala Gur Prasad Vs. Smt. Laxmi Devi

Court : Allahabad

Decided on : Dec-01-1966

Reported in : AIR1968All201

..... of the share in the mortgaged property was not maintainable under order xxxiv, rule 1 of the code of civil procedure and also section 45 of the indian contract act as would appear from a full bench case of this court in rameshwar bux singh v. ganga bux singh, : air1950all598 . it was because of this ..... but what was found was that the property in question had not passed to the plaintiff and that the defendants had been guilty of a breach of contract in not supplying the property to the plaintiff. it was, therefore, a case based on the misunderstandings of the legal position, there being no dispute as ..... agreement that the suit was brought for damages for conversion and not for damages for breach of contract. the suit for damages for conversion would have been in order if the property in question in that case had passed to the plaintiff, but was ..... . v. jardine skinner and co. : [1957]1scr438 a suit for damages for conversion was allowed to be converted into a suit for damages for breach of contract. the suit was based on an agreement (document ex. a) in that case and it was only on account of the misunderstanding of the terms of the ..... , the plaintiff-appellant claimed that it was a suit for enforcing the mortgage security under section 67 of the transfer of property act and not under section 68 of that act and he sought the permission for making the co-mortgagees also parties to the suit this application was made long after the expiry .....

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Sep 13 1966 (HC)

Smt. Annapurna and anr. Vs. Munshi and ors.

Court : Allahabad

Decided on : Sep-13-1966

Reported in : AIR1967All531

..... 28 of the contract act have been prohibited by section 6 of the transfer of property act, and it does not therefore, make any difference that the transfer which was involved in ..... act itself what would be the legal position even in the absence of the latter ..... was not transferable because of section 6 of the transfer of property act. a transfer in contravention of section 158 of the u. p. zamindari abolition and land reforms act would be void under section 28 of the contract act also, and section 166 of the u. p. zamindari abolition and land reforms act only embodies in the u. p. zamindari abolition and land reforms ..... not permitted by section 6 of the transfer of property act has no application to a transfer of the former kind- the argument overlooks the fact that transfers of all properties which have been made non-transferable by section 6 of the transfer of property act are void under section 23 of the contract act just as all transfers which are void under section .....

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Nov 17 1966 (HC)

Saudan Singh Vs. Goswami Rasikanand

Court : Allahabad

Decided on : Nov-17-1966

Reported in : AIR1968All168

..... execution of document ex. 1, it appears reasonable to interpret the proviso to section 49 of the act as laying down that an incomplete deed of sale may itself, in a suit for specific performance of a contract to sell, be treated as a contract for sale. there is no controversy that if the decision of the patna high court in the case ..... specific relief act, 1877, or as evidence of part performance of a contract for the purposes of section 53a of the transfer of property ..... the interpretation of the proviso to section 49 of the indian registration act (hereinafter referred to as the act) which runs as follows:'provided that an unregistered document affecting immoveable property and required by this act or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the ..... act, 1882, or as evidence of any collateral transaction not required to be effected by registered instrument.'relying .....

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