Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 1966 Page 1 of about 75 results (0.045 seconds)

Dec 05 1966 (HC)

S. Doraiswami Mudaliar Vs. Balasubramaniam and ors.

Court : Chennai

Decided on : Dec-05-1966

Reported in : AIR1968Mad94

..... concerned societies may be referred to in this connection. sec. 17(1) provides--'17(1) subject to the provisions of s. 18--(a) any individual competent to contract under s. 11 of the indian contract act, 1872, (b) any other registered society, (c) the government, and (d) any body of person whether incorporated or not and whether or not established by or under any ..... act, 1961 (act 53 of 1961) provides--'1. no person shall be eligible for being elected or appointed as a member of a committee if he......... (a)........... (b) (i) is in default to ..... society, it cannot be contended that a default by a society would not be a disqualification for being elected to another society.(3) a perusal of several sections of the act, the byelaws of the conjeevaram co-operative central bank and the uthukottai co-operative supervising union makes it clear that the disqualification is also attached to the registered co-operative ..... ' to the conjeevaram co-operative central bank. the rejection of the nomination of the petitioner is challenged as illegal and contrary to the provisions of the madras co-operative societies act, 1961, and the rules and by-laws of the conjeevaram co-operative supervising union and the kollanur co-operative credit society. sec. 28(1) of the madras co-operative societies .....

Tag this Judgment!

Jan 04 1966 (HC)

Sri Sarada Mills Ltd. Vs. Union of India and ors.

Court : Chennai

Decided on : Jan-04-1966

Reported in : AIR1966Mad381; (1966)2MLJ16

..... plaintiff has also admitted that his client has recovered compensation claimed in the suit from the insurer. that being the position, section 41 of the indian contract act is attracted and this suit is not maintainable by the plaintiff. the provisions of s. 41 are a clear bar to a suit by a promise ..... assignment of the claim by the insured in favour of the insurer".the learned judge also considered s. 41 of the indian contract act in the context of the plaintiff's claim and observed:"the plaintiff's right to compensation for short delivery arises from the ..... the assignment to have all rights of suit transferred and vested in him as if the contract contained in the policy had been made with himself.(5) it is these provisions coupled with s. 41 of the contract act that are relied on for the railways to sustain the judgment of the learned subordinate judge. ..... insurance company, he cannot afterwards enforce it against the railways. further, s. 41 does not apply to obligations in the nature of an executory contract, but only when the contract has in fact (244): (air 1916 pc 68 (70)). nor does the fact that the insurance company has made good the loss, prohibit the ..... act relating to assignment of rights under a policy of marine insurance, so that where a policy of marine insurance has been assigned so as to pass the beneficial interest therein, the assignee of the policy is entitled to sue thereon in his own name and the defendant is entitled to make any defence arising out of the contract .....

Tag this Judgment!

Mar 10 1966 (HC)

Trustees of the Port of Madras Vs. Bombay Co. (P) Ltd., Madras

Court : Chennai

Decided on : Mar-10-1966

Reported in : AIR1967Mad318a; (1966)IILLJ686Mad

..... the basis of damages for loss of service.(15) learned counsel for the plaintiff submits that he could rest his claim for restitution under section 69 of the contract act. under sec. 69 of the contract act, a person who is interested in the payment of money which another is bound by law to pay, and who, therefore, pays it, is entitled to be ..... contract, indemnification cannot be obtained under the act and must be sought by recourse to the civil courts."these two cases clearly recognize the civil court ..... to be indemnified by b, and as regards the question whether b is entitled in turn to be indemnified by c, the act does not provide for such a contingency. the 'contractor' referred to in section 12(2) is the contractor who contracts directly with the principal as defined in section 12(1). if there is any further sub-letting of the ..... . in those circumstances, it was held in the aforesaid decision that section 12(2) of the act as it then stood contemplated only one principal and only one contractor, and if, therefore, there was any sub-letting of the contract, indemnity cannot be obtained under the act and must be sought by recourse to the civil court. the decision of a division bench .....

Tag this Judgment!

Oct 14 1966 (HC)

M.G. Natesa Chettiar Vs. the Madras State Electricity Board, by Its Su ...

Court : Chennai

Decided on : Oct-14-1966

Reported in : (1969)1MLJ69

..... for breach of the agreement to consume energy. it is, therefore, argued that the plaintiff can claim only compensation for breach under section 73 of the indian contract act, that section 74 of the contract act would apply and that the minimum charge fixed is only the maximum compensation that the plaintiff would be entitled to : in law the plaintiff cannot claim anything more ..... v. balkrishnadass : [1964]1scr515 . for the position that the measure of damages in the case of breach of a stipulation by way of penalty is by section 74 of the contract act, reasonable compensation not exceeding the penalty stipulated for. it was submitted that in assessing the damages the court can, subject to the limit of the penalty stipulated, award only such ..... claim only reasonable compensation in accordance with the provisions of sections 73 and 74 of the contract act. the agreement, no doubt, is just a contract and is binding between the parties like any other contract subject to the provisions of the electricity act of 1910, and the electricity (supply) act of 1948. true also, if there is breach by either party, there will be liability ..... minimum charge is discussed in extenso in waikins mayor & company v. jullundar electric supply company , 136. the learned judges observe:the whole scheme of the act seems to show that the provision made in any contract for a minimum charge is really to provide for a fair return on the outlay of the licensee, and it is for this reason that the .....

Tag this Judgment!

Mar 10 1966 (HC)

The Trustees of the Port of Madras, Represented by their Chairman Vs. ...

Court : Chennai

Decided on : Mar-10-1966

Reported in : (1966)2MLJ226

..... the basis of damages for loss of service.14. learned counsel for the plaintiff submits that he could rest his claim for restitution under section 69 of the contract act. under section 69 of the contract act, a person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be ..... contract indemnification cannot be obtained under the act and must be sought by-recourse to the civil courts. these two cases clearly recognise the civil court ..... to be indemnified by b, and as regards the question whether b is entitled in turn to be indemnified by c, the act does not provide for such a contingency. the 'contractor' referred to in section 12(2) is the contractor who contracts directly with the principal as defined in section 12(1). if there is any further sub-letting of the ..... . in those circumstances it was held in the aforesaid decision that section 12(2) of the act as it then stood contemplated only one principal and only one contractor and if therefore there was any sub-letting of the contract indemnity cannot be obtained under the act and must be sought by recourse to the civil court. the decision of a division bench .....

Tag this Judgment!

Jan 20 1966 (HC)

Raval and Co. Vs. K.G. Ramachandran and ors.

Court : Chennai

Decided on : Jan-20-1966

Reported in : AIR1967Mad57; (1966)2MLJ63

..... apply, while there was a contractual tenancy in force, the tenant did not require the protection of the rent control act. the rent control acts are ad hoc acts, temporary in their duration. they cannot supersede the law of contract, or effect the sanctity of contracts.(13) the term "statutory tenant" is a neologism, which has come into existence because of protective legislation in favour ..... .) expressly referred to his own decision in raja chetti's case, and pointed out that the decision did not imply that a tenant could validly contract himself out of the benefits conferred on him by the act.certain observations of viswanatha sastri j. in the same judgment, powerfully indicate that the argument of encroachment on the preexisting law of contractual tenancies, or ..... of 1946.(11) in venkateswara rao v. mohamed hobibullah saheb, govinda menon j. held that the provisions of sections 5 and 6 of the act were rather peremptory, and will apply even though the parties contract to the contrary. moses pillai v. govindan, 1948-1 mad lj 51: air 1948 mad 346 was followed. in ramalingam v. gurumurthi reddi, 1954-2 mad ..... by means of a special enactment, with the rent agreed upon between the parties during the subsistence of the tenancy contract. there is absolutely no justification for thus infringing the sanctity of a contract and of property right particularly as these rent control acts are invariably ad hoc and limited in time. an even more vehement argument is that on the same basis .....

Tag this Judgment!

Jan 20 1966 (HC)

Raval and Co. and anr. Vs. K.G. Ramachandran (Minor) and ors.

Court : Chennai

Decided on : Jan-20-1966

Reported in : (1966)2MLJ68

..... all apply. while there was contractual tenancy in force, the tenant did not require the protection of the rent control act. the rent control acts are ad hoc acts, temporary in their duration. they cannot supersede the law of contract, or affect the sanctity of contracts.13. the term ' statutory tenant' is a neologism, which has come into existence because of protective legislation in favour ..... rao v. mohammad mohibulla saheb (1953) 1 m.l.j. 490 govinda menon, j., held that the provisions of sections 5 and 6 of the act were rather peremptory, and will apply even though the parties contract to the contrary. moses pillai v. govindan : air1948mad346 was followed. in ramalingam v. gurumuthi reddy (1954) 2 m.l.j. 752 a division bench held ..... to his own decision in raja chetty's case : (1949)2mlj694 and pointed out that the decision did not imply that a tenant could validly contract himself out of the benefits conferred on him by the act. certain observations of viswanatha sastri, j., in the same judgment, powerfully indicate that the argument of encroachment on the pre-existing law of contractual tenancies ..... , by means of a special enactment with the rent agreed upon between the parties during the subsistence of the tenancy-contract. there is absolutely no justification for thus infringing the sanctity of a contract, and of property right, particularly as these rent control acts, are, invariably, ad hoc and limited in time. an even more vehement argument is that, on the same basis .....

Tag this Judgment!

Jan 10 1966 (HC)

R.S. Jhavar Vs. P. Thanicakchala Gramani and ors.

Court : Chennai

Decided on : Jan-10-1966

Reported in : (1966)2MLJ38

..... cents. there is some force in the contention urged by the learned counsel for the petitioner herein. under the specific relief act a contract can be severable, and the court may direct specific performance in respect of a portion of the contract. though the plaintiff entered into an agreement to purchase 28 acres 46 cents from defendants 1 and 2, which is made ..... been conveyed to him by the 2nd defendant. according to section 42 of the madras court-fees and suits valuation act, 1955, in a suit for specific performance, whether with or without possession, fee shall be payable in the case of a contract of sale, computed on the amount of the consideration whereas under clause (x) of section 7 of the court ..... is the addition of the word ' computed '. compute means calculate. the intention of section 42(a) of the madras act xiv of 1955 seems to be that, if the plaintiff is able to get a portion of the properties, which he entered into a contract for specific performance, he can file a suit for specific performance of the unperformed portion of the ..... the word 'computed' is not in section 7(x) of the court-fees act, 1870 and also with reference to the specific relief act where it says that the court can always give relief in respect of a portion of a contract which can be severed from the original contract. i am of opinion that the petitioner is liable to pay court-fee only .....

Tag this Judgment!

Dec 22 1966 (HC)

SaifuddIn Hussainibhoy Siamwala and ors. Vs. the Burma Cycle Trading C ...

Court : Chennai

Decided on : Dec-22-1966

Reported in : AIR1968Mad154

..... unregistered partnership has filed the petition, as, according to him, the cause of action has arisen to the petitioners apart from a contract, and, in fact, by virtue of the provisions of the madras buildings (lease and rent control) act 1960. the learned chief judge of the court of small causes, however, held that even though all the partners shared in the ..... small causes, that the proceeding in the instant case is not one in which the cause of action is based on any contract. i, therefore, hold that there is absence of jurisdiction on the part of the tribunals constituted under act 18 of 1960, to entertain the petition itself. as on this essential jurisdictional fact the lower court has come to an ..... firm of saleh bros. that all the petitioners are partners in the firm. a partnership, though often called a contract, is a relation resulting from a contract. regard should be had to the real intention between the parties. section 6 of the partnership act prescribes the test to determine whether a group of persons are partners in the eye of law. in fact ..... any dispute that the right that is sought to be enforced by the petitioners in this case does arise under a contract between themselves as landlords and the respondent as the tenant. no doubt, the madras buildings (lease and rent control) act 18 of 1960 intervenes and provides for certain special procedure for the enforcement of such rights. but that would not .....

Tag this Judgment!

Dec 23 1966 (HC)

Ramiah (V.) Vs. State Bank of India

Court : Chennai

Decided on : Dec-23-1966

Reported in : (1968)IILLJ424Mad

..... the prior facts of the charges and the enquiry, and the ultimate conviction of the relevant authority that the charges had been established, the act of termination under the contract is not explicable. but, in our view; the motive which led to the exercise of a function, has to be carefully distinguished ..... be considerable. he has a perfect right to contend that, if the bank proposes to exercise its power under the contract to terminate his employment, simpliciter, it should not couple this act with observations on the alleged misconduct of the appellant, which is itself the conclusion of an enquiry, allegedly vitiated by ..... the question whether miss soott was a ' workman ' under section 2(s) of the industrial disputes act, 1947, the power under contract was relied on. upon the question whether the order of termination was really under the contract, or was merely a semblance for a punishment for misconduct, gajendragadkar, j. (as he then was ..... power under a binding law; is brief, the doctrine of ultra vires. but where the statutory body acts in the same way as any private individual may do, by terminating the employment under contract, by borrowing money or lending money, or as a tenant or a landlord of premises, the ordinary ..... body is in breach of a mandatory obligation imposed by the statute, when a statutory body terminates an employment under contract that the act is per se liable to be canvassed in writ jurisdiction. it appears to us that this distinction can be most clearly .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //