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 .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-17-1966
Reported in : AIR1968All79
..... agreement between the parties as alleged in the plaint and the decision of the lower appellate court on the applicability of section 23 of the contract act and its decision about consideration being wrong the next question that arises is as to what should be the nature of the decree to be ..... lower appellate court having accepted the agreement has erred in holding that the agreement was without any consideration or was hit by section 23 of the contract act. two co-sharers can by mutual arrangement partition a property and in order to bring about amity between the parties and convenience can agree not ..... parties on this point and i am of opinion that the decision of the lower appellate court so far as applicability of section 23 of the contract act or consideration is concerned is erroneous in law and cannot be upheld.9. before proceeding to decide the point raised a further fact has to ..... had been proved and repelling the contention of the defendant that the agreement, if any, was unlwful and contrary to section 23 of the indian contract act decreed the suit as prayed,5. the defendant preferred an appeal before the lower appellate court and the lower appellate court framed two points for determination ..... part of the building. it was further asserted that in any view of the matter the agreement was void under section 23 of the indian contract act and that the plaintiffs' real object was to snatch away the defendant's share of the triangular land.4. the trial court framed relevant issues .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-19-1966
Reported in : AIR1967AP119
..... a licence. if a partnership is lawful at its inception, because it is not intended to infringe any provision of the contract act, it nevertheless becomes unlawful when it intends to conduct the business jonder sectionicence granted to one only of the partners'. we are therefore, satisfied that ..... grant of licence to the defendant is violative of section 14 of the act and thus comes within the mischief of section 23 of the indian contract act. it cannot now be in doubt that a licence under the akbari act is a personal privilege to vend or supply liquor. even if it is ..... tender of the defendant was accepted by the concerned authority. such a contract, he contends, is not vilative of section 14 of the hyderabad abkari act, hereinafter referred to as 'the act', and therefore, not illegal under section 23 of the contract act.(7) in order to appreciate this contention, it is necessary to read ..... section 14 of the act as it stood when the contract was entered into. the act is in urdu. the translation ..... issued in the name of any person and the partnership entered into after the licence is granted under the act in this case.on the showing of the plaintiff himself, the contract of partnership was entered into only to supply liquor to the districts of bidar and osmanabad after the licence .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-22-1966
Reported in : AIR1966SC1734; 1966MhLJ982(SC); 3SCR623
..... misdirected itself in any manner in finding this fact. 19. in the end mr. aggarwala urges that immorality within s. 23 of the indian contract act is confined to sexual immorality, but we are not concerned with the question whether the consideration is immoral or not. the case of bribery is ..... services in the management of the mill because 'govindram continued to manage the mill without the plaintiff, putting him off by saying that the contract would be fulfilled after the end of litigation initiated by bilasrai and brijlal, and after the enquiry committee gave its final report govindram actually suggested ..... that if this principle is applied to this case the finding of bribery must be reversed as the facts are equally consistent with the plaintiff having acted honestly. meredith, j., had observed as follows : 'now it is well-settled that where fraud is to be inferred from the circumstances, and ..... standard of proof to the exclusion of all reasonable doubt required in a criminal case may not be applicable.' 13. in s. 3 of the indian evidence act, the words 'proved', 'disproved' and 'not proved' and defined as follows : 'proved. - a fact is said to be proved when, after considering ..... seksaria, brijlal ramjidas, bilasrai joharmal and four other persons entered into a deed of partnership on july 17, 1935 for carrying on the business of acting as managing agents and selling agents of indore malwa united mills ltd., a company owning a textile mill in indore. serious disputes arose between the .....Tag this Judgment!
Court : Kerala
Decided on : Feb-25-1966
Reported in : AIR1966Ker303
..... between this position and the plea that some of them are only sureties there is an essential antithesis.7. we may also add that under section 44 of the indian contract act, the release of one of the joint promisors will not absolve the others. we therefore come to the conclusion that notwithstanding ext. d-1 and in the absence of any ..... securities available to the appellants were impaired by the execution of ext. p-1, the appellants have been released from their obligations by virtue of section 139 of the indian contract act. itwas also urged that in any view of the matter ext. p-1 spelt a granting of time to the principaldebtor and therefore the appellants have been released on the ..... principle enbodied in section 135 of the indian contract act. reference was also made to section 133 of the contract act. the second contention was that by virtue of ext. p-1 there has been an alteration of the agreement contained in the promissory note ext ..... low bur 103). the relevant passage runs thus:'the judgment must be based on facts duly proved, evidence act, section 165. the parties had reduced their contract to a written document and under section 37, negotiable instruments act, were principal debtors in the absence of a contract to the contrary. according to thenote each promised to pay jointly or severally. it was on the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-28-1966
Reported in : AIR1966SC1721; 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 .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-04-1966
Reported in : AIR1967Raj151
..... unable to accept this argument as sound. the liability to account by an agent is always there and account has to be rendered on demand, vide section 213 of the contract act. making good the loss or accounting for the profit did not, in my view, make any difference about the duty to render accounts. in the present case the first transaction ..... view, is bound to carry out the direction of his principal, vide section 211 of the contract act. section 211 provides that 'an agent is bound to conduct the business of his principal according to the direction given by the principal, or, in the absence of any such ..... respects a pucca adatiya may be taken to be a principal yet he is not entirely shorn of his character as an agent and thus, the statutory provisions of the contract act defining the rights and obligations of an agent vis-a-vis the principal will continue to apply to him with full force. as an agent the pucca adatiya, in my ..... position in which he would have been placed if they had carried out his instructions.from the language of section 211 of the contract act the learned counsel for the appellant tried to make out that when an agent acts contrary to instructions he is required to make good the loss but he is to account only if any profit accrues and as .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-04-1966
Reported in : AIR1966SC1974; 3SCR815
..... khan's case i.l.r. (1953) nag. 702 , was concerned with the right of an ex-lumbardar to continue after the coming into force of the act, a suit for possession of abadi land which had vested in the state. in the present suit a number of reliefs which himatrao claimed are with respect to ..... two lower courts being one of the fact was binding on the high court, the high court has erred in the view which it took of the provisions of the act and of the decision in chotte khan's case i.l.r. (1953) nag. 702 . 4. what we have, therefore, to consider is whether the ..... (g) of the act. clauses (i) and (ii) of this provision give the definition of home-farm in relation to the central provinces. but with that definition we are not concerned ..... 3. it is not disputed on behalf of the respondents and indeed it cannot be disputed, that home-farm land is not affected by the provisions of the act. in other words, such land was not acquired by the state but was left with the owners thereof. the definition of home-farm is given in section 2 ..... high court on behalf of pusaram that the suit for partition had become infructuous because of the provisions of the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (no. i of 1951) and, therefore, as held in chotte khan v. mohammad obedullakhan i.l.r. (1953) nag. 702, the suit should be dismissed. .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-15-1966
Reported in : AIR1967SC203; 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 : 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 .....Tag this Judgment!