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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 1987 Page 1 of about 76 results (0.044 seconds)

Mar 11 1987 (HC)

T.K. Sundaram Vs. the Cooperative Sugars Ltd.

Court : Chennai

Decided on : Mar-11-1987

Reported in : AIR1988Mad167

..... contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation byway of penalty, the party ..... suit is not maintainable in view of the provisions contained in kerala cooperative societies act, 1961.5. before considering the questions raised we will do well by examining the relevant provisions of the contract act, 1872, relating to the award of compensation for breach of contract. sec. 74 of the contract act reads as follows -'when a contract has been broken, if a sum is named in the ..... , krishnapurarn 1973 t.l.n.j. 520, where the division bench observed as followed - -'on the other question of liability under bye-law 39 read with s. 74 of the contract act, sec. 74 will have to be read as a whole. it speaks of the grant of reasonable compensation. but the idea of compensation implies losses. the expression 'reasonableness' in s ..... compensation not exceeding the amount so named or, as .the case may be, the penalty stipulated for.'according to the appellant the claim for compensation under s. 74 of the contract .act, the actual damage incurred by the respondent on account of the breach will have to be proved in accordance with law even though the quantum of damage is mentioned in .....

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Dec 02 1987 (HC)

State of Tamil Nadu Vs. S. Alagirisubramanian Chettiar

Court : Chennai

Decided on : Dec-02-1987

Reported in : AIR1988Mad248

..... of a suit by an agent against the principal, the supreme court in narandas v. pappamma, : air1967sc333 , laid down that the provisions of the indian contract act are not exhaustive in this regard and, that the right of an agent to sue the principal for accounts is an equitable right arising under special circumstances. in ..... , -viz., the appellant herein would be. the question is whether such a suit would lie.7. under see. 213 of the indian contract act, it is provided that the agent is bound to render proper accounts to his principal on demand. there is no provision in the said ..... then come to an end. thus, the mutual rights and liabilities of the parties for purposes of claims against each other arose on the clay when the contract of agency was terminated by efflux of time. the circumstance that there was some correspondence would not, in my view, have the effect of postponing the ..... common ground that the agency of the respondent stood terminated by the end of 1967 by efflux of time. in other words, the termination of the contract of agency in favour of the respondent took place by the end of 1967 and the rights of parties ordinarily had to be decided as on that ..... countenancing such a suit. had been established. 8. learned counsel for the appellant next contended that even on the assumption that art. 113 of the limitation act, 113, would apply, the right to sue accrued in favour of the respondent immediately after the termination of the period, for which the respondent was appointed .....

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Nov 09 1987 (HC)

Thiruppathi Venkatachalapathy Lorry Service, Through Partner N. Rathin ...

Court : Chennai

Decided on : Nov-09-1987

Reported in : II(1988)ACC102; (1988)1MLJ64

..... shaik mohammed rowther and co. and anr. a.i.r. 1978 mad. 224, is relied on for the following proposition:(a) contract act (9 of 1872), section 182-agency-privity of contract between principal and agent.although only a consignee appointed b as agent for the charterer relationship as principal and agent springs up between a ..... , there is no doubt that its liability being that of a bailee, sections 151 and 152 of the contract act will apply under which it is open to the parties to enter into contract reducing the liability of private carrier.even assuming that the carrier can be deemed to be a common carrier ..... . subramaniam, learned counsel for the appellants referred to the provisions of section 194 of the indian contract act, which reads as follows:where an agent, holding an express or implied authority to name another person to act for the principal in the business of the agency has named another person accordingly, such person is ..... railway must be deemed to have had implied authority to appoint the e.p. railway to act for the consignor during the journey of goods by the e.p. railway and by force of section 194 of the indian contract act, the e.p. railway became an agent of the consignor. the n.w. railway ..... as a common carrier's liability is that of an insurer. but such liability can be limited by a special contract.21. it is specifically stated that under section 9 of the carriers act, when all the goods transported by the common carrier met with an accident, the owner of the lorry is .....

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Feb 04 1987 (HC)

S.V. Saminatha Naidu Vs. L. Muthuswamy Chettiar and anr.

Court : Chennai

Decided on : Feb-04-1987

Reported in : (1989)1MLJ257

..... the plaintiff was a payment under a mistake of law and the plaintiff would be entitled to recover back the excess amount paid by virtue of section 72 of the contract act. learned counsel relies upon the decisions in nainamul v. b. subba rao (1901)2 an.w.r.j.3 : (1957) an.l.t. 536 : a.i.r. 1957 a.p ..... corporation of calcutta v. hindustan construction co., ltd. : air1972cal420 for the proposition that a payment made under a mistake of law will also be governed by section 72 of the contract act.4. learned counsel for the respondents submits that section 8 is not completely excluded from the purview of section 9 of the ..... under tamil nadu act iv of 1938 or tamil nadu act xxxviii of 1972. section 7(2) prohibits recovery of any sum from the debtor ..... to be decided on the facts of each case.6. section 7(1) of the act provides that all debts payable by any debtor on 14.7.78 shall be scaled down in accordance with the provisions of the act notwithstanding anything contained in any law, contract or instrument. the proviso to the sub-section excludes the debts which were already scaled down .....

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Oct 29 1987 (HC)

Mahaboob Bee and ors. Vs. P.D. Andrews and anr.

Court : Chennai

Decided on : Oct-29-1987

Reported in : (1988)1MLJ165

..... dispute. therefore, the landlords are not entitled to appropriate those payments towards the arrears of rent accrued for the earlier months. on a plain reading of the provisions of the contract act, i find that the said objection is sustainable. however this does not mean that the landlords should be non-suited on this sole ground. according to them, the tenant was ..... is to be applied to the discharge of some particular debt, the payment, if accepted, must be applied is seen that sections 59 to 61 of the contract act prescribed the procedure as to appropriation of payments in cases where a debtor owes several distinct debts to one person and voluntarily makes payments to him. it is well established ..... landlords to appropriate the same for a different period to suit their own case. in support of this proposition, learned counsel relies on the provisions of section 59 of the contract act which reads as follows:where a debtor, owing several distinct debts to one person, makes a payment to him, either with express intimation or under circumstances implying that the payment ..... use by way of additional accommodation, the question whether they are entitled to claim possession under section 10(3)(a)(i) of the tamil nadu buildings (lease and rent control) act, 18 of 1960 was not seriously argued by the parties; nor was it considered by the authorities below.6. in so far as the sub-letting is concerned, both the .....

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Oct 13 1987 (HC)

P.K. Easwaran and ors. Vs. M. Kuppuswami and ors.

Court : Chennai

Decided on : Oct-13-1987

Reported in : (1989)1MLJ390

..... the letter of guarantee (exhibit a-2) is a genuine one executed by the appellants, viz., defendants 4 to 7.9. section 129 of the indian contract act deals with a continuing guarantee. it reads that a guarantee which extends to a serious of transactions is called a continuing guarantee. it may, for instance, ..... in the instant case, the question is whether exhibit a-2 is a continuing guarantee as per the provision of section 129 of the contract act. since exhibit a-2 has got a caption 'continuing guarantee', this court is obliged to refer to the above decisions and the provision of section ..... 129 of the contract act.10. exhibit a-2 reads as follows'.continuing guarantee letterit is not in in dispute that the signatures found in exhibit a-2 are those ..... a contention was raised in the memorandum of appeal that the court below ought to have held that the provisions of the tamil nadu debt relief acts would apply to the suit claims, the said contention has not been raised during the arguments by learned counsel for the appellants. under these circumstances, ..... firm and as such, no claim against him is maintainable. since some of the defendants are agriculturists, the provisions of the tamil nadu debt relief acts would apply to the suit debt. the plaintiff cannot also claim any personal remedy against any of the defendants before exhausting his remedies against the assets .....

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Aug 14 1987 (HC)

The Central Co-operative Bank Ltd., Rep. by (Board of Management) Spec ...

Court : Chennai

Decided on : Aug-14-1987

Reported in : (1988)1MLJ210

..... a servant who is wrongfully dismissed may be reinstated. this is a special provision under industrial law. this is a departure from the reliefs available under the indian contract act and the specific relief act which do not provide for reinstatement of a servant.the third category of cases of master and servant arises in regard to the servant in the employment of ..... to be brought about by the collective will of the members of the society and that too in accordance with the procedure laid down by the act and the rules. it is not possible to hold that a contract of employment between a person and a co-operative society depends on the volition of the parties in the same way as a ..... consideration some day by this court. but for the purpose of this case, i will proceed on the assumption that even under the new act, the law is the same and it frowns on specific enforcement of a contract of personal service. now what is the rationale behind this principle? that is found stated in the locus classicus of fry, l.j ..... . the suit was resisted by the appellant bank on the footing that it was a suit to enforce specific performance of a contract of service and, therefore, not maintainable in law. it was also contended that the special officer, acted on the information furnished by the registrar of co-operative societies, and, therefore, his order could not be challenged in a civil .....

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Sep 02 1987 (HC)

New India Assurance Company Vs. Santha and ors.

Court : Chennai

Decided on : Sep-02-1987

Reported in : I(1988)ACC367

..... v. universal insurance co. ltd. expressed while dealing with the scope of section 36 of the road traffic act, 1930, which is parallel to section 95 of our act. i cannot accept the respondent's contention that 'contract of employment' should be construed in the act as subject to the implied limitation 'with the person insured by the policy'. such a departure from the ..... 1982 supp. a.c j. 256 are relied on by the learned counsel for the appellant.18. the contract of employment contemplated in section 95 (2) (b) of the motor vehicles act, according to the learned counsel for the appellant, may be a contract of employment with the owner of the goods as well as the owner of the goods vehicle. this aspect ..... clear language used cannot, i think, be justified. i think the act is dealing with persons who are on the insured vehicle for sufficient practical or business reasons, and has taken a contract of employment in pursuance of which they are on the vehicle as the adequate criterion of such reasons. but there ..... the risk was neither covered nor was it required to be covered under section 95 of the motor vehicles act. the full bench agreed with the view expressed in parkash vati v. delhi dayal bagh dairy ltd. 1967 acj 82 that the contract of employment referred to in clause (ii) of the proviso to section 95(i)(b) not only referred to .....

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Jan 20 1987 (HC)

National Mineral Development Corporation Ltd. Vs. the State of Tamil N ...

Court : Chennai

Decided on : Jan-20-1987

Reported in : [1987]67STC1(Mad)

..... counsel for the revision petitioners. in the said decision, it was laid down thus : "the explanation to section 148, contract act makes it clear that a seller can become a bailee if he contracts to hold the goods as a bailee. in the absence of such a contract, he cannot be regarded as a bailee. the second proviso to section 26, sale of goods ..... start they shed the character of either unascertained goods or future goods. hence for the purpose of application of section 3(a) of the central sales tax act, the question whether the contract is a forward contract or not makes no material difference." 54. mr. c. natarajan, learned counsel for the revision petitioners, in the course of his reply has reiterated what he ..... simultaneously. so far as our country, india is concerned, the law regulating the auction sale has been codified in section 64 of the sale of goods act. sub-section (1) shows that there is a contract of sale even in the case of auction sales. sale by auction, being a sale of specified goods, is complete when the offer is accepted and ..... had submitted already and has further pointed out the provisions of section 20, section 62 and section 64 of the sale of goods act with a special reference to clause 11 in the instant contract of sale between the parties and submitted that the revision petitioners herein can insist on payment and file a suit as an unpaid vendor in .....

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Sep 07 1987 (HC)

Tamil Nadu Newsprint and Papers Ltd., Madras Vs. Appraiser, Madras Cus ...

Court : Chennai

Decided on : Sep-07-1987

Reported in : 1988(15)ECC6; 1988(33)ELT22(Mad)

..... the respondents, is that the petitioner had the benefit of certain concessions in respect of the items of machinery, it imported, pursuant to the specific contracts under heading 84.66 and therefore, the petitioner could have only those concessions without in any manner having them enlarged even if there is a specific ..... per notification 62/83-customs, dated 1-3-1983. according to the revenue, since the above items are also those imported pursuant to the specific contracts registered under heading 84.66, they have to bear the auxiliary duty to the extent of 20% of the value as per the notification 61/83 ..... sub-clause (1) of clause 45 of the said finance bill. table------------------------------------------------------------------------sl. no. heading no. or sub-heading no. of headingno. of the first schedule to the customs descriptiontariff act, 1975 of goods------------------------------------------------------------------------(1) (2) (3)------------------------------------------------------------------------1. .. ..2. .. ..3. .. ..4. .. ..5. .. ..6. .. ..7. .. ..8. .. ..9. .. ..10. .. ..11. .. ..12. .. ..13. .. ..14. .. ..15. 84-31 paper ..... petitioner has imported the concerned items of machinery pursuant to specific contracts registered under heading 84.66 to the first schedule to the customs tariff act, 51 of 1975. the petitioner has enjoyed the concessions annexed to the imports made pursuant to such contracts with regard to basic customs duty and additional duty. the problem .....

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