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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 1915 Page 1 of about 172 results (0.058 seconds)

Apr 16 1915 (PC)

Ramiah Bagavathar and ors. Vs. Somasi Ambalam and anr.

Court : Chennai

Decided on : Apr-16-1915

Reported in : 29Ind.Cas.449a

..... the english authorities which recognise the distinction between promises made before breach and those after breach, must have been present to the minds of the framers of the contract act. as at present advised, i am not prepared to dissent from the view taken in the case of manohur koyal v. thakur das naskar 15 c.p ..... 319 i am unable to see any grounds for introducing the same rule in construing either section 26, clause (e), of the specific belief act or sections 62 and 63 of the contract act, which are general in their terms. the observation of the learned editors of smith's leading cases on cumber v. wane 1. str. ..... such a contention. it is open to argument that even if there has been a breach, section 26 (e) of the specific relief act would apply, although section 62 of the contract act may not.4. the decree of the district judge is right and this second appeal is dismissed with costs.kumaraswami sastri, j.5. the ..... agreed to be conveyed. the consideration was to be the same, and there was to be no change in the parties to the contract.2. mr. devadoss contends that section 62 of the contract act does not apply to such a case. on the finding as stated by me, there has been no breach of the ..... land for the one already agreed upon. this defence is covered by section 26 (e) of the specific belief act. that clause does not permit of a plea which sets up the abandonment of the first contract. it can be availed of only in cases of variation and, as i said before, the pleadings and .....

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Aug 20 1915 (PC)

Sri Rajah Inuganti Kasturamma Bahadur, Zamindarini Vs. Chelikani Venka ...

Court : Chennai

Decided on : Aug-20-1915

Reported in : AIR1916Mad65; 30Ind.Cas.878

..... is a reference to natural love and affection, but there is no registered document between the plaintiff and the zemindar and section 25(1) of the indian contract act has not been relied upon. the prayer is that a decree be passed for recovery of the arrears of the alleged allowances after july 1907 from the ..... that at the desire of the promisor the promisee has already done something prior to any agreement [indian contract act, section 2(d)] cannot be sufficient to make any subsequent agreement a contract. it would not amount to a contract if it was no more than a promise to make a gift at the mere will of the ..... liability and who is not shown to have gone beyond his legal rights to charge the estate with his liability. (see indian contract act, section 25, clause 2 and explanation 2.) no doubt, the parties did not contemplate that the zemindar would die and that the mortgagee ..... of remuneration would depend (amongst other things) upon the nature of the service. the effect of section 2(d) of the indian contract act upon each of these distinct sets of circumstances might be different. where acts have been done in the past which might or might not (at the opinion of a party) support a ..... categorically and exhaustively laid down. but the following four considerations may be referred to see wall v. bright (1820) 1 jac. & w. 494; shaw v. foster (1872) 5 h.l. 321and the cases cited in iswaram pillai v. taregan 23 ind. cas. 951. it must be determined (1) whether the defendant was made a trustee .....

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Mar 23 1915 (PC)

Mool Chand and anr. Vs. P. Alwar Chetty

Court : Chennai

Decided on : Mar-23-1915

Reported in : AIR1915Mad934; (1916)ILR39Mad548

..... ayyab, j., in an elaborate judgment after considering all the authorities declined to limit the logical result of the operation of section 43 of the contract act by the language of section 43 of the civil procedure code. i adopt the reasoning of the very eminent jurist referred to and of the learned judge in ..... the construction of a document in a manner beneficial to the creditor, sir frederick pollock in dealing with the result of section 43 of the indian contract act says: 'we think it the better opinion that the enactment should be carried out to its natural consequences, and that notwithstanding the english authorities founded ..... considered at great length by mookerjee, j. he relies on the two calcutta cases above referred to as establishing the law outside the provisions of the contract act and bases the variance from the english law on the obvious grounds of justice, equity and good conscience; and he points out that in england ..... right given to him by the substantive law. it necessarily follows that where the substantive law has been altered, as has been done by the indian contract act, and the benefit of the doctrine of release has been, taken away from a joint debtor, the basis of the rule disappears. i do ..... the courts in india in dealing with cases from the mufassal even prior to the contract act. for in two cases sheo churn lall v. ram surun sahoo (1871) 16 w.r. 49 and nunkoo lall v. musst dhunesh kooer (1872) 17 w.r. 496, respectively, it was held that a judgment-creditor is .....

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Mar 08 1915 (PC)

T.R. Gopalasami Pillai Vs. Si. Ru. Pe. KA. Chidambaram

Court : Chennai

Decided on : Mar-08-1915

Reported in : AIR1916Mad619(1); 29Ind.Cas.151

1. the learned judge is right. inder pershad singh v. campbell 7 c.p 474 : 8 g.l.e. 501 and goculdas madhavji v. narsu yenkuji 13 b.p 630 show that where a sub-lease is entered into in the belief that the original contract will be subsisting during the period during which the sub-contract is to be worked, the cancellation of the contract terminates the sub-contract as well: we think that proposition is unobjectionable. the plaintiff has recovered on the principle of quantum meruil for what he has done. the suit was rightly dismissed.2. the appeal is dismissed with costs.

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Aug 05 1915 (PC)

Muthuswami Nadan and anr. Vs. A.A.K. Sankaralingam Chetty

Court : Chennai

Decided on : Aug-05-1915

Reported in : AIR1916Mad235; 30Ind.Cas.675

1. the only question for decision in this appeal is, whether the acknowledgment of liability by the 1st defendant on 27th may 1909 is binding on the 2nd defendant. the original liability was admittedly incurred on account of a partnership between the 1st and the 2nd defendants; but this partnership had ceased in 1906. it has been held in two cases in this court, valasubramania pillai v. ramanathan chettiar 2 ind. cas. 309 : and sheik mohideen sahib v. official assignee of madras 11 ind. cas. 332(1911) 1 m.w.n. 347 that a part-payment or acknowledgment by one partner of a going concern will not bind another partner (so as to save limitation) in the absence of evidence of authorisation. mere proof of the partnership would not be sufficient. in a more recent case, k.b.v. firm v. sathayavada sitharama swami 21 ind. cas. 634 wallis, j., expresses doubts of the correctness of these rulings, and appears to hold that authorisation might be presumed from the ordinary course of partnership business. but, however this may be, such a presumption could hardly be drawn in the case of an acknowledgment made after the dissolution of partnership. in such a case, it seems to us clear that express evidence of authority must be forthcoming, if the acknowledgment is to be held binding on any ex-partner, except the one who made it. the presumption which wallis, j., would draw in the case of existing partnerships could not be applied to a case like the present.2. it was argued before us that such .....

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Aug 11 1915 (PC)

HussaIn Saib and ors. Vs. Hassan Saib and ors.

Court : Chennai

Decided on : Aug-11-1915

Reported in : AIR1916Mad165; 31Ind.Cas.927

..... or otherwise of the firm. i, therefore, venture to think that sections 241, 249 and 253, (clause 10) and similar sections of the contract act may not be inapplicable to the business carried on by a navayat family as a family business though the principle of survivorship and that of right ..... rights of the parties must be determined with reference to the muhammadan law of inheritance and succession, and to the law contained in the indian contract act relating to acquisitions made with joint labour, or by means of property in which more persons than one are interested or with property originally jointly ..... necessarily devolve upon persons within the co-parcenary itself. where one of the partners dies, the firm would ordinarily be considered to be dissolved. [indian contract act, section 253(10)]. but since the firm has been continuously carried on, there must, in the eye of the law, be considered to have been ..... the rights of those male members who assist in the business, and in the acquisition of property, because the latter would under the indian contract act be entitled to be considered partners in regard to the acquisitions made by efforts in which they have joined, whereas females and such males as ..... , just in the same way as the provisions contained in the articles of partnership relating to any particular firm may be incorporated. the indian contract act in this view governs hindu family firms as much as any other firm; but the incidents of a hindu joint family firm are different from .....

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Mar 23 1915 (PC)

Moolchand and anr. Vs. P. Alwar Chetty

Court : Chennai

Decided on : Mar-23-1915

Reported in : 29Ind.Cas.303

..... sami iyer, j., in an elaborate judgment after considering all the authorities, declined to limit the logical result of the operation of section 43 of the contract act by the language of section 43 of the civil procedure code. i adopt the reasoning of the very eminent jurist referred to and of the learned judge in that ..... the construction of a document in a manner beneficial to the creditor. sir frederick pollock in dealing with the result of section 43 of the indian contract act says:we think it the better opinion that the enactment should be carried out to its natural consequences, and that, notwithstanding the english authorities founded ..... at great length by mookerjee, j. he relies on the two calcutta cases above referred to as establishing the law outside the provisions of the contract act and bases the fariance from english law on the obvious grounds of justice, equity and good conscience, and he points out that in england there has ..... dsbt. it is notitceable that the english law was not accepted by the courts in india in dealing with cases from the mofussil even prior to the contract act. for in two cases sheo churn lall v. bam sarun sahoo 16 w.r. 49 and nunkoo lall v. musammat dhunesh kooer 17 w.r ..... right given to him by the substantive law. it necessarily follows that where a substantive law has been altered, as has been done by the indian contract act, and the benefit of the doctrine of release has been taken away from a joint debtor, the basis of the rule disappears. i do not .....

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Jan 18 1915 (PC)

Hope Prudhomme and Co. Vs. M. Earnest Louis Max, by His Duly Constitut ...

Court : Chennai

Decided on : Jan-18-1915

Reported in : AIR1916Mad830; 29Ind.Cas.575a

..... judge found that there was no misrepresentation and that even if there was, the consent of the defendants to the contract was not caused by the misrepresentation within the meaning of section 19 of the contract act and that the defendants were accordingly not entitled to avoid the contracts. he, therefore, gave judgment for the plaintiff with damages based on the difference between the ..... contract rate of 305 francs per 100 kilos and 33 francs, the price which the plaintiff had to pay in march in ..... , he falls back on the reference to the national bank and states that delivery was to be to them. it is sufficient to say that that was obviously not the contract. the contract was c.f. marseilles s>nd the word shipment' has only reference to the period within which the ground-nuts might be shipped. this is made clear by the ..... and misrepresentation. the sole issue settled was whether the plaintiff made certain representation and, if so, whether the representation was false and whether the defendants were entitled to cancel the contract. the representation alleged in the written statement was that the plaintiff stated as a fact that he was sufficiently known to the national bank of india here and that his .....

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Feb 01 1915 (PC)

The South Indian Export Co., Ltd. Vs. A. Condiah Chetty

Court : Chennai

Decided on : Feb-01-1915

Reported in : AIR1916Mad1066; 29Ind.Cas.712

..... j.--i entirely agree. it is perfectly clear to me that the learned judge decided this case on section 83 of the contract act, namely, that he thought there had been an appropriation of certain specific bales by the defendants, which appropriation had been assented to, and that ..... am unable to agree with the learned judge that these notices were in the nature of a tender or an offer under section 38 of the contract act.) the errors (even though deliberate) made in each notice as to the ship by which the goods intended to be delivered are said to have ..... committed a breach of the said reciprocal promises which they had first to perform under section 52 of the indian contract act, and that hence the south indian export company had no claim under the contracts against theperumal chetty and in consequence, against the plaintiff. (section 54.) thjs contention seems to have found ..... export company had, therefore, a good claim against theperumal chetty, and against the plaintiff as his surety, for the performance by theperumal chetty of his contracts with the south indian export company. i would, therefore, set aside the judgment of the learned judge and dismiss the suit with costs.4. napier, ..... it seems to me, strictly speaking, that the plaint discloses no cause of action. it is only if thepemmal chetty had properly repudiated the contracts and actually put an end to the same that the plaintiff could argue that the south indian export company, limited, had no claim against him. .....

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Mar 24 1915 (PC)

Sri K.L. Jagannada Raju Garu and anr. Vs. Sri Rajah K.V.S.V.L.N.V.J.B. ...

Court : Chennai

Decided on : Mar-24-1915

Reported in : (1916)ILR39Mad554

..... 'object' of such an agreement is of such a nature that if permitted, it would defeat the provisions of section 6(a) of the transfer of property act and section 23 of the indian contract act.8. can it then be said that what was agreed to be transferred here was not such a chance, but something else?9. the transfer of property ..... of a mere chance of succession either at law or in equity, and if this be so, they contend that the learned district judge was right in holding that the contract was void under section 23 of the indian contract act on the ground that if permitted it would defeat the provisions of section 6(a) of the transfer of property ..... in possession. the learned district judge, now mr. justice kumaraswami, has dismissed the suit on the ground that such a contract by reversioners is prohibited by section 6 of the transfer of property act and is also void under section 23 of the indian contract act as tending to defeat the provisions of law contained in the aforesaid section of the transfer of property ..... act. the question is undoubtedly one of great importance and mr. s. srinivasa ayyangar has contended forcibly before us that contracts of this kind were -enforceable both in england and in india before the transfer .....

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