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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kolkata Year: 1966 Page 1 of about 66 results (0.026 seconds)

Sep 20 1966 (HC)

Union of India (Uoi) Vs. Lal Chand and Sons and anr.

Court : Kolkata

Decided on : Sep-20-1966

Reported in : AIR1967Cal310

..... has been referred to at the bar, though i do not see its relevance in the context of facts here. 22. i now reach section 72 of the contract act 1872 which, as the law now is, in view of the decisions of the highest authority, mr. chakravarti relies upon, such as shiba prasad singh v. srish ..... other against sree saraswaty press ltd. on september 12, 1963. the ground on which such reversal rests is absence of a mistake within section 72 of the contract act 1872. 9. this is why the union of india has come up to this court in revision. 10. that the transactions of the type these two litigations ..... for sales-tax having been an unauthorized one, violated as such a contract has section 175, sub-section (3), of the government of india act 1935 (25 and 26 geo. 5 ch. 42). the controversy is also about section 72 of the contract act 1872 doing any duty in all circumstances here. 12. on the question of ..... (3) of the government of india act 1935. 21. i now turn to the other matter in controversy. section 70 of the contract act 1872 does not do any duty here. it does not, because what is seen here is a contract--be it continuation of the original contract or a supplementary contract. so soon as that is said, ..... the validity of a contract, the like of which is to be seen here, it is now firmly established that the provisions of section 175, .....

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Aug 17 1966 (HC)

Calcutta National Bank Ltd. Vs. Rangaroon Tea Co. Ltd. and anr.

Court : Kolkata

Decided on : Aug-17-1966

Reported in : AIR1967Cal294

..... if it appears that the condition was imposed for merely administrative purposes, e.g., the convenient collection of revenue. it is also observed in mulla's contract act, 8th edition, at page 158 that, an act or undertaking is equally forbidden by law whether it violates a prohibitory enactment of the legislature or a principle of unwritten law. but in india, where the ..... merely prohibits transactions. it says that if you violate a particular provision you would be punished. now, section 23 of the contract act provides that every agreement of which the object or consideration is unlawful is void as observed in mulla's contract act, 8th edition, page 159, it is possible for a statute to attach a penalty to make a particular kind of ..... enactment or regulation made by lawful authority. broadly speaking, that which has been forbidden in the public interest cannot be made lawful by paying the penalty for it; but an act which is in itself harmless does not become unlawful merely because some collateral requirement imposed for reasons of administrative convenience has been omitted. there was a time when the english ..... by the violation of, or omission to adhere to, statutory directions; this determination involves a decision of whether or not the violation or omission is such as to render invalid acts or proceedings pursuant to the statute, or rights powers, privileges or immunities claimed thereunder; and if the violation or omission is invalidating, the statute is mandatory; if not, it is .....

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Apr 01 1966 (HC)

Badridas Kothari Vs. Meghraj Kothari

Court : Kolkata

Decided on : Apr-01-1966

Reported in : AIR1967Cal25

..... ind app 239 (pc). the privy council makes it clear in that case that agreements by way of wager are void by section 30 of the indian contract act and expressly observed that no distinction was to be drawn between the words 'by way of wager' and the expression 'gaming and wagering' as used in ..... different. in the latter case the promissory note becomes an agreement by way of wager and therefore void within the meaning of section 30 of the contract act. in the former case it is not, because it is collateral. it is needless to point out in this connection that leicester and co.'s ..... the point by a refinement of his argument that a promissory note in this case was really a collateral transaction not hit by section 30 of the contract act. for this purpose he relied on the decision of ameer ali, j. in kshitendra nath ray v. madaneshwar chatterji, (1936) ilr 63 cal 1234 ..... executed for payment of that indebtedness. the plain question is, is this permissible in law speciallyhaving regard to the express provisions in section 30 of the contract act saying:'agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted ..... carry on wagering transactions. we, therefore, hold that in me present case the partnership is not unlawful within the meaning of section 23(a) of the contract act.'8. we are afraid this case on the facts cannot help the plaintiff before us. the case of : air1959sc781 in the supreme court was concerned with .....

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Apr 22 1966 (HC)

Major B.A.S. Chopra Vs. the New Zealand Insurance Co. Ltd.

Court : Kolkata

Decided on : Apr-22-1966

Reported in : AIR1967Cal35

..... is under a duty not to make any misrepresentation concerning the subject-matter of the contract to the other. if consent to an agreement is caused by misrepresentation, the agreement becomes voidable, under section 19 of the contract act, at the option of the party whose consent was so caused. under the ordinary ..... law, there is no positive duly to tell the whole truth in relation to the subject matter of a contract. there is only the negative obligation to tell nothing ..... be complied with--if immaterial, that immateriality may be inquired into and shown; but that if there is a warranty it is part of the contract that the matter is such as it is represented to be. therefore the materiality or immateriality signifies nothing.''the more serious proposition arose on the ..... , by which the truth of the answers to the proposal form is made the basis of or condition precedent to the liability of insurers under the contract. the proposal form, in the instant case (ex. c) also contains similar warranties as appears from the declaration subscribed by the plaintiff on the ..... co. (2), (1893) 2 qb 274, (283) where he said; 'did the defendants by their acts or conduct lead the plaintiff reasonably to suppose that they did not intend to treat the contract for the future as at an end, on account of the failure to perform the condition precedent?' that passage .....

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Jul 13 1966 (HC)

Union of India (Uoi) Vs. Jyotirmoyee Sharma

Court : Kolkata

Decided on : Jul-13-1966

Reported in : AIR1967Cal461,(1969)ILLJ290Cal

..... of salaries and allowance to the plaintiff for about two and half years are sufficient acts of the defendant which would make us hold that the plaintiff's contract of employment was duly ratified under section 230(3) of contract act and, as such, following the principles in chatturbhuj vithaldas v. moreswar parashram, : ..... [1954]1scr817 the plaintiffs contract or employment must be held to be enforceable.5. the next ..... . on 16th september, 1965 (cal). this bench after examining large number of decisions for and against such contention, came to the conclusion that the contract of service with the government officers cannot be struck down for non-compliance with the said provisions. even assuming mr. kar's contention to be correct ..... letter dated june 2, 1949, and the said two letters dated june 7, 1949 do not comprise a formal contract within the meaning of section 175(3) of government of india act, 1935 the defendant's letters dated 2-6-49. 7-6-49, 21-5-51, 7.6.51, ..... the suit inasmuch as there was no valid and binding contract between the plaintiff and the union of india. the plaintiffs contract of service cannot be enforced as it contravened the provisions of section 175(3) of the government of india act, 1935 and/or article 299 of the constitution of india .....

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Mar 14 1966 (HC)

Jagannath Chetram Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Mar-14-1966

Reported in : AIR1966Cal540

..... the consignee at the time of the delivery of the goods to the railway. again the consignee would have the right to sue where the consignor acts as an agent of the consignee and the contract is actually entered into on behalf of the consignor. there may be cases where the consignor puts the goods on rail at the direction of the ..... india : air1959ap594 , governor general in council v. sukhdeo ram, air 1949 pat 329 in support of the proposition that the provisions of the railways act indicated that since different railway administrations were separate entities and the contract was only with the administration that received the goods that administration was the principal party liable to answer the claims or under the provisions of ..... section 80 of the railways act the injured party had the option to sue either the railway administration with whom the contract was made or the railway administration on whose railway the loss occurred or the destination station lay. in the nagpur case, air ..... occurred and that the remedy was alternative and not cumulative. with regard to sec. 80 of the railways act it was said in the patna decision that the railway has been made responsible by the statute because the consignor entered into direct contract with that railway for safe carriage and delivery of the goods and as far as loss on the railway .....

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Aug 08 1966 (HC)

Administrator, Hindusthan Cables Employees Co-operative Multipurpose S ...

Court : Kolkata

Decided on : Aug-08-1966

Reported in : AIR1968Cal146

..... void. see heyman v darwin ltd., (1942 1 all er 337 (343, anderson v. daniel, (1924 1 kb 138 (140 under section 10 of the indian contract act, read with section 23, an agreement, if calculated to defeat any provision of law is void16. in our opinion, therefore, the claim for 50% of commission ..... after the expiry of six months from the commencement of this act, pay or contract to pay any remuneration or reward whether by way of commission or otherwise for soliciting or procuring insurance business in india to any person except an ..... to the peculiar nature of the claim, successive awards may be valid where certain goods were deliverable in installments and each instalment constituted a separate contract, it was held that successive awards were possible. bal mukund v. gopi ram, (1920 24 cal wn 775=(air 1920 cal 565. in gould v. ..... 12 it 509. the principle has been mentioned in nickels v. hancock, (1855 7 de g. m. and g 300 (314 that where parties had contracted to be bound by the decision of the arbitrator on the whole and not in part, of the matters referred, it may so happen that regard being had ..... of all, i shall deal with the question of insurance agency. the first provision of law to be considered is section 40(1) of the insurance act (act iv of 1938. it is in the following terms:'40. prohibition of payment by way of commission or otherwise for procuring business.(1) no person shall, .....

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Apr 22 1966 (HC)

Union of India (Uoi) Representing South Eastern Railway Vs. Amarendra ...

Court : Kolkata

Decided on : Apr-22-1966

Reported in : AIR1967Cal119

..... to by the learned subordinate judge in his judgment.32. mr. sen next submits that in view of the provisions of sections 126 and 127 of the contract act the plaintiff's suit should succeed. we have heard discussion of the said question but in the view we take, it is unnecessary for us to ..... be taken most strongly against him. it is also a familiar doctrine that where the words of instrument are ambiguous, the court may call in aid. acts done under it as a clue to the intention. the best evidence of what was understood by the plaintiff to be the nature of the transaction is ..... weighed with the learned subordinale judge was that the security was for all future liabilities either of himself or of his subordinates but not for the past acts or defaults of himself or his subordinates. it was a safeguard only for all future contingencies. according to the plaintiffs as well as the learned subordinate ..... if he shall, whilst he shall hold the said office or any other office requiring security to which he may be appointed, or in which he may act, always, duly perform and fulfil all and every duties thereof respectively and other duties which may from time to time be required of him while holding any ..... government met in any way, suffer, sustain or pay, by reason of the misconduct, neglect, oversight or any other act of omission of the said amarendra nath sarkara or of any person or persons acting under him or for whom he may be responsible. '4. now the condition of the above written bond is such .....

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Jan 10 1966 (HC)

Abdul Kader Laskar and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Jan-10-1966

Reported in : AIR1967Cal99,70CWN623

..... this case is dated 22nd october 1962 and clause (aa) in sub-section (1) of section 40 was introduced in the act by the land acquisition (amendment) act, 1962 (act xxxi of 1962) which came into force on 12th september 1962. the declaration under section 6 was made on the 23rd october ..... finally decided that the acquisition should be proceeded with. mr. ganguly who heard the objections under section 5-a of the land acquisition act made his recommendation for dropping the acquisition proceeding on the fooling that the ram krishna mission bad other lands at their disposal and so ..... the appellants on this point is that the report of the additional land acquisition collector made under section 5-a of the land acquisition act shows that the additional land acquisition collector sudhirendranath ganguly recommended that the proceeding for acquisition of the lands in question should be dropped as ..... government to perform the functions of a collector under this act. '11. at the hearing before us the learned advocates for the respondents have produced before the court the calcutta gazette dated 11th june ..... before us. it may be pointed out however, that the expression 'collector' has been defined in section 3(c) of the land acquisition act as follows :'the expression 'collector' means the collector of a district and includes a deputy commissioner and any officer specially appointed by the appropriate .....

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Aug 10 1966 (HC)

Binani Properties Private Ltd. Vs. M. Gulamali Abdul HossaIn and Co. a ...

Court : Kolkata

Decided on : Aug-10-1966

Reported in : AIR1967Cal390

..... the manner of such consent.vii. whether 'binani' a properly company or not--evidence act (1872), section 91--'best evidence' rule--memorandum of association--non-production thereof--presumption--reception of oral evidence--no objection - - if waived.1. a contract, by a company, upon a matter not within the words of but foreign to, ..... and 372, cited by sir hari singh gour in his commentary on the penal code, 8th edn., p. 1407--referred to.] section 114 of the evidence act (1872) does no more than deal with the presumptions of fact--violent, probable and rash-- it's mandate to the court being: 'take into your consideration (i ..... binani' is becomes a statement of an independent fact that is to say, a fact other than facts section 91 specifies : the terms of (i) a contract, (ii) a grant or (iii) any other disposition of property reduced to writing, by the parties voluntarily or by the requirement of law. that being ..... do with the lessee's contractual obligation, as evidenced by clause 2(h) of the lease, looks more ingenious than ingenuous. 'in the absence of a contract', the lessee must not, without the lessor's consent, erect on the property (here '81') any permanent structure. that is clause (p) of section ..... before 31 march 56 in time.' thus, no inconsistency is seen : what is seen instead is a term of the contract (1938 lease), creating the tenancy, so consistent with a provision of the act, to wit, section 13(1)(a). in terms of section 19(1), therefore, the tenant (the first defendant) .....

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