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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: us supreme court Year: 1966 Page 1 of about 171 results (0.358 seconds)

Sep 05 1966 (SC)

State of Madhya Pradesh Vs. Kaluram

Court : Supreme Court of India

Decided on : Sep-05-1966

Reported in : AIR1967SC1105; 1967(0)BLJR313; 1967MhLJ497(SC); [1967]1SCR266

..... the forest contractor. the surety kaluram contends that because the state lost or parted with the security he stood discharged. by s. 140 of the indian contract act, 1872, where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety, upon payment ..... condition as they formerly stood in his hands.'' subject to certain variations, which are not material for the matter under discussion, s. 141 of the contract act incorporates the rule of english law relating to the discharge from liability of a surety when the creditor parts with or loses the security held by him ..... agent. by r. 13 the forest contractor is required to remove forest produce only by the route or routes specified by rules under the act, or by his forest contract, and to take all forest produce removed by him to such depots or places as may be similarly prescribed, for check and examination. ..... removal of goods sold until the price was paid : that right was lost. the right conferred by s. 83 of the forest act and under the terms of the contract to prevent removal and right to sell goods for non-payment of the price, coupled with the charge on the goods constituted the ..... , and that those rules, shall be deemed to be binding on every forest contractor not only as rules made under the forest act, but also as conditions of his forest contract. by r. 6 the forest contractor is required to carry with him an 'accessory licence' entitling him and his servants and .....

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Dec 07 1966 (SC)

Superintendent and Legal Remembrancer, State of West Bengal Vs. Corpor ...

Court : Supreme Court of India

Decided on : Dec-07-1966

Reported in : AIR1967SC997; 1967CriLJ950; [1967]2SCR170

..... of the indian legislation proceeds upon the assumption that the government will be bound unless the contrary is stated. many acts like the code of civil procedure, 1908 and the indian contract act 1872 make special provisions for the government in respect of particular matters on the assumption that in respect of all other ..... matters the government will be bound by the general provisions of the act. the indian limitation act 1882 provided a special period of limitation ..... presumption but only on express exemptions, see, for instance, s. 74 of the contract act, s. 9 of the specific relief act, s. 90 of the indian registration act, s. 2(a) and (b) of the indian easements act, the crown grants act xv of 1895, ss. 295 (proviso), 356(b) and 411 and 616 ( ..... high court. in the courts in the mufassal, the civil courts acts e.g. bengal, agra and assam civil courts act, 1887 s. 37; the punjab laws act, 1872, s. 5; the central provinces laws act, 1875, ss. 5, 6; the oudh laws act, 1876, s. 3. require the courts to decide cases according to ..... actions against the indian inhabitants of the town in matters of succession and inheri- tance to lands, rents, goods, and in all matters of contract and dealing between party and party, their personal law if both parties belonged to the same community, and by the law and usages of the .....

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Mar 15 1966 (SC)

K.P. Chowdhary Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Decided on : Mar-15-1966

Reported in : AIR1967SC203; [1966]3SCR919

..... and it was held that it should be confined to its own facts in the context of the representation of the people act. finally it was held in that case that s. 70 of the indian contract act (no. 9 of 1872) could be invoked against the government if the person invoking it could show that he had ..... acted lawfully and had not intended to act gratuitously and the state had enjoyed the benefit. 9. lastly this court had occasion to consider the ..... by this court inseth bikhrai jaipuria v. union of india : [1962]2scr880 . it was again emphasised that s. 175(3) of the government of india act, 1935, required that a contract, if it was to bind the government, had (a) to be expressed to be made by the governor or governor general, (b) to be executed ..... the case and contended that recovery of the amount could be effected as arrears of land revenue under s. 82 of the indian act read with rules 28 and 29 of the forest contract rules in view of the conditions of auction, which the appellant had accepted. 4. the petition was heard finally by a full ..... -state for recovery of the deficiency on re-sale was not covered by either s. 82 of the indian forest act, (no. 16 of 1927) or rules 28 and 29 of the madhya pradesh forest contract rules or under any other provision of the law, and the amount therefore could not be recovered as arrears of .....

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Oct 07 1966 (SC)

Jammu and Kashmir Bank Ltd. Vs. Attar-ul-nissa and ors.

Court : Supreme Court of India

Decided on : Oct-07-1966

Reported in : AIR1967SC540; 1967(0)BLJR285; [1967]37CompCas62(SC); [1967]1SCR792

..... of sultan mohd. the high court accepted this contention and rejected the argument on behalf of the appellant that the bank was justified under s. 72 of the indian contract act, no. 9 of 1872, to reverse the entries. the high court therefore allowed the appeal and disallowed the claim of the bank for rs. 28,029/15/- and decree the suit for ..... it was entitled to ask the bank to return the money paid by mistake and reliance in this connection is placed on s. 72 of the contract act. there is no doubt that s. 72 of the contract act provides that a person to whom money has been paid or anything delivered by mistake or under coercion must repay or return it. that section .....

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Oct 03 1966 (SC)

Srinivas Gupta Vs. Hindustan Commercial Bank Ltd.

Court : Supreme Court of India

Decided on : Oct-03-1966

Reported in : [1967]37CompCas434(SC)

..... of indemnity, which clause 13 is. there is a clear distinction between a contract of indemnity on the one hand and a contract of guarantee ..... of cases relating to contracts of guarantee. we think it unnecessary to refer to them because a contract of indemnity is very different from a contract of guarantee. reference is also made to section 126 to section 147 in chapter viii of the indian contract act, no. 9 of 1872. we do not ..... think it necessary to refer to these sections because they refer to contracts of guarantee and not to contracts ..... sum of rs. 35,000 which had been secured by the second mortgage still remains. as such the appellant is liable under the contract of indemnity contained in clause 13 to make good the loss yet in spite of the compromise in the second execution application. learned counsel ..... or suretyship on the other. the present is clearly a case of a contract .....

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Sep 02 1966 (SC)

Gomathinayagam Pillai and ors. Vs. Pallaniswami Nadar

Court : Supreme Court of India

Decided on : Sep-02-1966

Reported in : AIR1967SC868; [1967]1SCR227

..... dhunjibhai (1) the judicial committee -of the privy council observed that the principle underlying s. 55 of the contract act did not differ from those which obtained under the law of england as regards contracts for sale of land. the judicial committee observed : "under that law equity, which governs the rights of ..... first question have already been set out. section 55 of the contract act which deals with the consequences of failure to perform an executory contract at or before the stipulated time provides by the first paragraph: "when a party to a contract promises to do a certain thing at or before a specified ..... j. having regard to the decision in jamshed v. burjorji (1), the high court rightly held that time was not of the essence of the contract. the contract was entered on march 5, 1959. on that day, the respondent paid a deposit of rs. 1,006/-. on april 4, 1959, the parties ..... produce the money or to vouch a concluded scheme for financing the transaction." in my opinion, the respondent is entitled to specific performance of the contract, and the high court rightly decreed the suit. in the result, the appeal is dismissed with costs. order in accordance with the opinion of ..... the oral agreement, in the agreements writing dated april 4, 1959 and april 15, 1959 there were definite stipulations fixing dates for performance of the contract; (ii) that the second and the third agreements contained clauses which imposed penalties upon the party guilty of default; and (iii) that appellants 1 .....

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Dec 13 1966 (SC)

Ram Lal Puri Vs. Gokalnagar Sugar Mills Co. Ltd.

Court : Supreme Court of India

Decided on : Dec-13-1966

..... concededly be well within time. i may point out that the view taken by the learned single judge that the liability created under section 63 of the contract act being initially a common law liability, its incorporation in the statute is immaterial, has not, speaking with all respect, appealed to us and indeed shri hardy ..... hardy to bring the present case within the fold of article 97 by reading the definition of consideration contained in section 2(d) of the indian contract act and submitting the payment of earnest money must be held to be money paid upon an existing consideration which afterwards failed because the property which was ..... learned single-judge, according to the appellant's counsel, was not quite right in being influenced by the consideration that independently of the indian contract act, there would have been under the common law of england some obligation in similar circumstances to restore to the vendee the advantage received by the vendor under ..... has also frankly expressed his inability to support this view.quite a good portion of our contract act has its roots in the common law of england but that can scarcely be a cogent ground for holding that a liability created under the ..... contract act would for that reason not be a statutory liability, though on the view we have taken of the character of earnest money in .....

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Nov 25 1966 (SC)

Bharat Fire and General Insurance Ltd. Vs. Parameshwari Prasad Gupta

Court : Supreme Court of India

Decided on : Nov-25-1966

..... that some essential feature of the transaction has been omitted. but, at the same time, in cases where it is considered that the language of the contract is susceptible of two interpretations, it not unknown that the courts do resort to the surrounding circumstances to find out the intention of the parties and it ..... thus appear that decision was based on the construction of the rule itself having regard to , and in the light of, the various provisions of the act under consideration. in the result, my conclusion on this point is that gupta was entitled to salary free of super-tax as well and this is ..... s case : [1964]53itr158(sc) rule 2(2) (c) of schedule i to the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands act, 1950 fell for consideration and the question was whether for computing the compensation super-tax had to be deducted besides the income-tax from the gross income under rule ..... us by the learned counsel for the company between the two expressions as used in the act. the argument on behalf of the company is that when the law has chosen to use two different expressions, the agreement referring to only one of ..... a little while ago. what then is the meaning to be given to the words 'free of income-tax'. perusal of section 55 of indian income-tax act, 1922, would show that super-tax is nothing but 'an additional duty of income-tax .....' i am conscious of the distinction sought to be pressed on .....

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Sep 06 1966 (SC)

Rambaran Prosad Vs. Ram Mohit Hazra and ors.

Court : Supreme Court of India

Decided on : Sep-06-1966

Reported in : AIR1967SC744; [1967]1SCR293

..... a transferee for value who has paid his money in good faith and without notice of the original contract;' 7. reference should also be made to section 37 and 40 of the indian contract act which are to the following effect : '37. the parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or ..... excused under the provisions of this act, or of any other law. promises bind the representatives of the promisors in ..... , and to whom, if he attains full age, the interest created is to belong.' 17. reading s. 14 along with s. 54 of the transfer of property act its manifest that a mere contract for sale of immovable property does not create any interest in the immovable property and it therefore follows that the rule of perpetuity cannot be applied to a ..... into before the passing of the transfer of property act. the decision of the judicial committee in maharaj bahadur singh v. bal chanad 48 i.a. 376 was also a decision relating to a contract of the year 1872. in that case, the proprietor of a hill entered into an agreement with a society of jains that, if the latter would require a .....

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Feb 28 1966 (SC)

Prabhu Vs. Ramdev and ors.

Court : Supreme Court of India

Decided on : Feb-28-1966

Reported in : AIR1966SC1721; [1966]3SCR676

..... inter alia, that subject to the provisions of s. 16 every person who, at the commencement of this act, is tenant of land, shall, subject to the provisions of this act and subject further to any contract not contrary to s. 4 be entitled to all the right conferred and be subject to all the ..... we may refer to two definitions which are relevant. 'tenant' has been defined by s. 5(43) of the act as meaning a person by whom rent is or but for a contract, express or implied, would be payable and except when the contrary intention appears, shall include a co-tenant or a ..... to the normal relationship between the mortgagor and the mortgagee and their respective rights and obligations as determined by relevant provisions of the transfer of property act. having made these observations, however, this court has taken the precaution to point out that even in regard to tenants inducted into the land by ..... on the ground that they had not surrendered possession of the property to the appellant as alleged by him and that under the relevant provisions of the act they were entitled to remain in possession of this property. on these pleadings the learned sub-divisional officer framed two issues. they were : no. 1 ..... liabilities imposed on khatedar tenants under the act. in other words, as soon as s. 15 came into operation on .....

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