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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Page 1 of about 374,261 results (0.400 seconds)

Sep 14 1877 (PC)

Goluknath Misser Vs. Lalla Prem Lal and ors.

Court : Kolkata

Reported in : (1878)ILR3Cal308

..... 1271; in other words, whether his previous mortgage has become merged or extinguished by his subsequent mortgage.6. both the lower courts have held that section 62 of the indian contract act, 1872, 1applies, and that the prior mortgage has become extinguished, and the plaintiff's suit has accordingly been dismissed.7. i am unable to agree in the conclusion which they have ..... intention of the parties whether or not the earlier security has become merged or extinguished in the later one, and i think that the nature of the transaction and the acts of the parties, as well as the documents themselves, show that, in the present case, there is no such intention. there is nothing in the mortgage bond of 1278 which ..... the net proceeds of sale shall have been so applied, let the same be paid to plaintiff by defendants no. 1, who are the plaintiff's mortgagors.1. contracts changed, [section 62: if the parties to a contract agree to substitute arescinded or altered need new contract for it, or to rescind or alter it, the original neednot be performed. not be performed.]

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Apr 06 1883 (PC)

Samuel Pillai Vs. Ananthanatha Pillai

Court : Chennai

Reported in : (1883)ILR6Mad351

..... she was not bound to hand over the assets without deducting such debt. this handing over without deduction is the act which she did at the defendant's request, and this act was consideration within the contract act, 1872, for the promissory note sued on which she required to be given to provide for that debt.20. the ..... sufficient consideration for the promissory note.14. this was the law before the bills of exchange act. it is so now by the bills of exchange act, 1882, section 27 (45, 46 vic, c. 61).15. the contract act of 1872, section 2, clause (d), provides that when at the desire of the promisor, the promisee or ..... could have recovered the amount, unless barred by limitation, from the administratrix and from the defendant out of assets of defendant's father in their hands.--contract act, section 25, clause 3. the executrix and the defendant might have refused to pay the debt on the ground of limitation, but they did not do ..... by limitation when the note was made) would be a good consideration for the promissory note, and he referred to section 25 clause 3,1 of the contract act. raghoji bhikaji v. abdul karim i.l.r. 1 bom. 560 chatur jagsi v. tulsi i.l.r. 2 bom. 231.7. the evidence shows ..... any other person does or promises to do something, such act or promise is called a consideration for the .....

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Apr 27 1883 (PC)

The Secretary of State for India Vs. Nilamekam Pillai

Court : Chennai

Reported in : (1883)ILR6Mad406

..... suretyship inoperative.5. in support of this plea reliance was placed on the 143rd section1 of the indian contract act, 1872. the munsif held that the provisions of the contract act did not apply, as the contract had been made before that act came into operation. he, however, considered whether the rule which had been declared in english cases was applicable and held on the authority of ..... to inform him that mahalingam pillai was already indebted to the government. the first defendant relied on section 143 of the indian contract act. the district munsif observed that the indian contract act was not in force on the 24th august 1872 when the contract in question was made, and relying on the case of hamilton v. watson 12 c. & f. 109 he decreed that the ..... was neither void nor voidable, but was a good and binding contract.24. the indian contract act came into operation on the 1st of september 1872, and it is not disputed that the contract of the 24th august 1872 must be governed by the law in force before the act. at that time the courts were bound by regulation ii of 1802, in the absence of any ..... first defendant should pay the balance found due, rs. 639-13-6, with costs and further interest. against that decree the first defendant appealed, and the subordinate judge, observing that, although the contract act was not .....

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Sep 13 1883 (PC)

Moothora Kant Shaw and ors. Vs. the India General Steam Navigation Co.

Court : Kolkata

Reported in : (1884)ILR10Cal166

..... property, and (b) is otherwise in a form approved by the governor-general in council.'41. this section does not say that the provisions of section 151 of the indian contract act, 1872, shall be the measure of the responsibility of a carrier by a railway. it simply provides that if he intends to reduce it below that provided in section 151 of ..... which the defendants strongly rely. that section enacts that 'any agreement purporting to limit the obligation imposed on a carrier by railway by sections 152 and 161 of the indian contract act, 1872, in the case of loss, destruction or deterioration of, or damage to property, shall be void unless it is signed by the party sending it, and is in a form ..... accordance with, and corroborated by, proceedings in the legislative council immediately after the passing of the indian contract act.45. in introducing the bill which subsequently became the indian contract act, 1872, mr. fitzjames stephen said: 'we have omitted all reference to special branches of the law of contract which at present are regulated either by express legislation or recognised custom, e.g., the law of ..... me that this argument is based upon a misconception of the provisions of section 10 of the indian railways act, 1879. that section enacts: 'every agreement purporting to limit the obligation or responsibility imposed on a carrier by railway by the indian contract act, 1872, sections 151 and 161 in the case of loss, destruction or deterioration of or damage to property shall, in .....

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Feb 19 1885 (PC)

Dayabhai Tribhovandas Vs. Lakhmichand Panachand

Court : Mumbai

Reported in : (1885)ILR9Bom358

..... the agreement between them was rendered void, and on the discovery of which the deposit' was claimed, presumably under section 65 of the indian contract act, 1872; or else, relief should have been claimed, (if that was really plaintiff's case), on the ground that he had been induced to enter ..... as well as suits for sums paid in respect of the contracts collateral to such agreements. although bombay act iii of 1865 is to be read and taken as part of act xxi of 1848, which is expressly repealed by the indian contract act, 1872, it cannot be held to be thereby repealed, by implication. ..... its provisions, being of a special character, and applicable only to the bombay presidency, are not affected by the general provisions contained in sections 24 to 30 of the contract act, regarding 'void agreements'. it ..... common to himself and the defendant, but if, nevertheless, the agreement between them was really a wager, then, indeed, section 65 of the contract act would, apparently, have had no application to the case; for if the agreement was one merely to pay differences, its nature must necessarily have ..... parties was one merely 'to pay differences,' and not one directed to a commercial object. it was, therefore, void under section 30 of the contract act. but it does not follow that, if the plaint had been properly framed, the prayer contained in it must necessarily have been refused. if .....

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Apr 10 1891 (PC)

Chogemul and ors. Vs. the Commissioners for the Improvement of the Por ...

Court : Kolkata

Reported in : (1891)ILR18Cal427

..... section 10 is relied on. that section is in the following words:every agreement purporting to limit the obligation or responsibility imposed on a carrier by railway by the indian contract act, 1872, sections 151 and 16.1, in the case of loss, destruction, or deterioration of or damage to property shall, in so far as it purports to limit such obligation or ..... .) that railway companies in india were common carriers, and liable as such, that is to say, as insurers of goods delivered to them. sections 151, 152 and 161 of the contract act, 1872, limit the liability of bailees of goods to a liability for negligence, but a pull bench of this court on september 13th, 1883, in the case of mothoora kant shaw ..... delivering such property, and(b) is otherwise in a form approved by the governor-general in council.and it is said that by it sections 151 and 161 of the contract act are declared to be the law relating to carriers by railway; but even if that were so, it would not avail the defendants, as those sections merely impose a liability ..... shaw v. the india general steam navigation company decides that the liability of common carriers was not affected by the contract act, so that, unless there is something in the act of 1879 itself which limits it, their liability after the passing of that act was that of common carriers according to english law, that is to say, of insurers. on behalf of the .....

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Feb 01 1898 (PC)

The Agent and Manager of the Madras Railway Company Vs. Govinda Rao

Court : Chennai

Reported in : (1898)8MLJ85

..... loss, destruction or deterioration of goods delivered to the administration to be carried by railway shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872.(2) an agreement purporting to limit that responsibility shall, in so far it purports to effect such limitation, be void unless it-* * * *(b ..... for the special market then existing at karamadai (wilson v. lancashire and yorkshire railway company, 30. l. j. c. p. 232 and illustration q to section 73 of the indian contract act, which illustration appears to be based on the english case). the plaintiff, however, did not allege or prove any such 'deterioration,' though there was a vague claim and vague evidence ..... as to 'loss of profit' owing to delay in delivery. it was, however, distinctly held in the above case, and illustration q to section 73 of the contract act distinctly shows that the plaintiff could not in such a case recover any damages for loss of profit. if 'deterioration' in the sense above stated had been proved, the railway ..... arrangements which the plaintiff was making to utilise them there. in other words, these damages are too remote and do not fall within the purview of section 73 of the contract act. i agree, therefore, in holding that the decree must be set aside and the suit dismissed, but in all the circumstances without costs.

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Feb 01 1898 (PC)

Madras Railway Co. Vs. Govinda Rau

Court : Chennai

Reported in : (1898)ILR21Mad172

..... loss, destruction or deterioration of . goods delivered to the administration to be carried by railway shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872.(2) an agreement purporting to limit that responsibility shall, in so far as it purports to effect such limitation, be void unless it ..... for the special market then existing at karamadai wilson v. lancashire and yorkshire railway company 30 l.j. c.p. 232 and illustration (q) to section 73 of the indian contract act, which illustration appears to be based on the english case)]. the plaintiff, however, did not allege or prove any such ' deterioration, ' though there was a vague claim and vague evidence ..... as to ' loss of profit' owing to delay in delivery. it was, however, distinctly held in the above case, and illustration (q) to section 73 of the contract act distinctly shows that the plaintiff could not in such a case recover any damages for loss of profit. if ' deterioration ' in the sense above stated had been proved, the railway ..... arrangements which the plaintiff was making to utilise them there. in other words, these damages are too remote and do not fall within the purview of section 73 of the contract act. i agree, therefore, in holding that the decree must be set aside and the suit dismissed, but in all the circumstances without costs.

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Jul 08 1898 (PC)

Mahomed Mehdi HosseIn Khan and ors. Vs. Rameswar Koer and anr.

Court : Kolkata

Reported in : (1899)ILR26Cal39

..... appropriated to the bond now in suit which carries interest on interest.4. the gaya bond is dated 26th march 1881 and is made payable six months later. the indian contract act, 1872, follows the ordinary rules of law in providing that when the debtor has omitted to intimate, and when there are no circumstances indicating, to which of several debts a payment ..... rate of interest. if the high court has allowed something less, the mortgagee makes no complaint. the mortgagor cannot complain if he is made to pay no more than he contracted to pay.7. the appeal, therefore, fails on both the assigned grounds. their lordships will humbly advise her majesty to dismiss it, and the appellants must pay the costs ..... 209 of the civil procedure code, which gives a discretion to the court in such matters. the high court founded their order on sections 86 and 88 of the transfer of property act, which indicate clearly enough that the ordinary decree in a suit of this kind should direct accounts allowing the rate of interest provided by the mortgage up to the date ..... . it is pointed out by mr. arathoon that, though the suit was instituted after the passing of the transfer of property act, the legal relations of debtor land creditor had arisen before it. whether that would prevent the application of the act is disputed, but assuming in the defendant's favour that it would, the same result must ensue in this case .....

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Dec 19 1899 (PC)

Preonath Chattopadhya Vs. Ashutosh Ghose and ors.

Court : Kolkata

Reported in : (1900)ILR27Cal358

..... negligence, he would have known it, or when information of the fact is given to or obtained by his agent under the circumstances mentioned in the indian contract act, 1872, section 229.' this is as comprehensive a definition of 'notice' as any that has ever been given. notwithstanding this comprehensive definition of the term it ..... a decree. on appeal by the defendants the lower appellate court has reversed that decree and dismissed the plaintiff's suit, holding that the alleged verbal contract was not proved; that the ekrarnamah could not be enforced as the suit was not based upon it, and as moreover the ekrarnamah was not ..... or agreement with the plaintiff and another person to sell the property to them if it was sold at all; that subsequently there was a verbal contract between the defendant no. 2 and the plaintiff for the sale of the same to the latter for rs. 100; and that the defendant no. ..... the defendant no. 1 had no notice of the ekrarnamah or of any verbal contract for sale; and that the registration of the ekrarnamah was not sufficient notice within the meaning of section 27 of the specific relief act.4. in second appeal it is contended on behalf of the plaintiff-appellant that ..... the defendant no. 1, either of the agreement or of the alleged verbal contract. the only notice that is relied upon is constructive notice by reason of the registration of the ekrarnamah. in section 3 of the transfer of property act 'notice' is defined in these words: 'a person is said to have .....

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