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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1883 Page 1 of about 205 results (0.113 seconds)

Sep 13 1883 (PC)

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

Court : Kolkata

Decided on : Sep-13-1883

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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Apr 27 1883 (PC)

The Secretary of State for India Vs. Nilamekam Pillai

Court : Chennai

Decided on : Apr-27-1883

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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Apr 06 1883 (PC)

Samuel Pillai Vs. Ananthanatha Pillai

Court : Chennai

Decided on : Apr-06-1883

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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Mar 12 1883 (PC)

Moheswar Das Vs. Carter

Court : Kolkata

Decided on : Mar-12-1883

Reported in : (1884)ILR10Cal210

..... by railway. by section 10 it is declared that 'every agreement purporting to limit the obligation or responsibility imposed on a carrier by railway by the indian contract act of 1872, sections 151 and 161, in the case of loss, destruction, or deterioration of, or damage to, property, shall, in so far as it purports ..... contract act, that the conditions required by section 10 of the railway act have been properly complied with. the risk note is admittedly signed by, or on behalf of, the plaintiff, and is ..... sure that i agree in all the reasons on which it is based, as i feel some hesitation in assuming that the contract act applies to carriers. there is no doubt, if railway carriers are subject to the provisions of sections 151 and 161 of the indian ..... cases. and it may now be taken as settled in england that a carrying company, when not subject to limitation by act of parliament, may contract itself from all responsibility arising from the acts of its agents or servants. looking then at the cases already referred to, i think that under the 'risk note' ..... taken of the case, the question for decision is narrowed to this, namely, whether a railway company, which is not subject to the carriers act, can protect itself by contract from liability for the negligence or misconduct of its agents and servants.9. this very question was elaborately discussed in the case of peek v. .....

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Mar 05 1883 (FN)

Antoni Vs. Greenhow

Court : US Supreme Court

Decided on : Mar-05-1883

..... the state under page 107 u. s. 800 the same rules and regulations that govern actions between private parties. in 1865, this act was repealed. the creditor, when the contract was made, acquired therefore no right to the writ of mandamus, for it was not then an existing remedy, and so mr. ..... constitution of the united states against the state itself, and a suit to compel the officers of a state to do the acts which constitute a performance of its contract by the state is a suit against the state itself. if the state furnishes a remedy by process against itself or its ..... in payment of taxes and state dues, and that the act of 1872, so far as it conflicted with this contract, was void. the authority of this case was recognized in wise v. ..... of appeals in antoni v. wright at the november term, 1872. 22 grattan 833. in an opinion of great ability and learning, the character and effect of the funding act were elaborately considered, and it was held that its provisions constituted a contract founded upon valuable considerations and binding upon the state. by ..... notes of the national banks, and repealing all other acts inconsistent therewith. the supreme court of appeals of virginia decided at its november term, 1872, in antoni v. wright, 22 gratt. 833, that in issuing these bonds, the state entered into a valid contract with all persons taking the coupons to receive them .....

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Jan 22 1883 (PC)

Sankana Kalana Vs. Virupakshapa Ganeshapa and

Court : Mumbai

Decided on : Jan-22-1883

Reported in : (1883)ILR7Bom146

..... that the district judge was justified in going behind the decree obtained by sankana against ningana, it is clear that he was wrong in holding under section 134 of the contract act that sankana's omission to sue the principal mohidin discharged the surety ningana. section 134 is qualified, as held in hajarimal v. krishnaram i.l.r. 5 bom. 647 by ..... costs we think the proper order to make is, that each party do boar his own costs throughout.decree varied.pinhey, j.3. reading section 134 of act ix of 1872 with section 137 of that act, and referring to the decision at indian law reports, 5 bombay, 647, it is impossible to uphold the decree of the district court, and the simplest .....

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Feb 16 1883 (PC)

Muthura Persad Singh and anr. Vs. Luggun Kooer and ors.

Court : Kolkata

Decided on : Feb-16-1883

Reported in : (1883)ILR9Cal615

wilson, j.1. we think that the subordinate judge has decided this case rightly. he says: i am of opinion that the stipulation made as to the payment of interest at the rate of rs. 2 per cent per mensem from the time of the execution of the bond, in case of default of repayment of the loan in time, was laid down in the deed as a check upon the debtor, and it should undoubtedly be held as a penal clause.'2. several cases were cited to us in which full effect has been given to an agreement, that if money is not paid at the due date it shall from that time bear an' increased rate of interest-boolakee lall v. radha singh 22 w.r. 223; mackintosh v. wingrove i.l.r. 4 cal. 137.3. the former of these cases probably dealt with a document executed before the contract act; but however that may be such cases differ materially from the present. in them the agreement to pay an increased rate of interest from a future day may well be regarded as a substantive part of the contract, not as penalty for its breach; but, where, as here, an increased rate of interest from the date of the bond is made payable on default, we cannot regard it in any other light than as a sum named in the contract to be paid in case of breach within the meaning of section 74* of the contract act.4. the appeal will be dismissed with costs.

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Sep 06 1883 (PC)

Erakshah Dhanjiseth Vs. Adarji Dorabji and anr.

Court : Mumbai

Decided on : Sep-06-1883

Reported in : (1883)ILR7Bom535

west, j.1. we are of opinion that, whether the relief sought under section 265 of act ix of 1872 be sought by an application called a plaint, or by one called a petition, the nature of the remedy is not affected. nor is the nature of the inquiry requisite for an adjudication affected by the title of the demand made for it. this demand is essentially a plaint, and must be paid for in fees at the same rate as any other plaint for, an account extend| ins to a like amount of valuation.

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May 07 1883 (PC)

Rookminy Bullub Roy Vs. Mulk Jamania Begum

Court : Kolkata

Decided on : May-07-1883

Reported in : (1883)ILR9Cal915

..... sold, and they were, therefore, moneys paid for the use of the plaintiff, and recoverable as such against him by the defendant. these sections, therefore, of the contract act, with regard to the appropriation of payments, are not applicable to the case at all.10. the learned pleader for the appellant then argues that, if they are ..... such suit, as to give the latter a right to appropriate them to the discharge of the rent of 1283 under sections 59 to 611 of the indian contract act.8. these sections merely enact the english law with regard to the appropriation of payments; and it is contended that if the payments of revenue made by ..... nawab nazim. these two taluks formed part of his estates; and it was for the purpose of protecting those estates and of preventing their sale, that this act was passed. a debt for rent is like any other debt; and we quite agree with the lower courts that the consent of the governor-general in ..... the other hand, the plaintiff contends that this section has no application to a case of this kind; because this is a suit for rent, and the act was not intended to apply to debts for rent but to debts of a different nature.17. it seems to us, however, that this is just one ..... nawab nazim of bengal, in the ordinary course of execution; and that he is not bound in that respect by the provisions of act xvii of 1873.14. the 11th section of the act, to which we have been referred, provides that''no suit shall be commenced or prosecuted, and no writ or process shall at .....

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Mar 01 1883 (PC)

Juggernauth Sew Bux and anr. Vs. Ram Dyal and ors.

Court : Kolkata

Decided on : Mar-01-1883

Reported in : (1883)ILR9Cal791

..... that act; and the first question submitted to us by the reference is, whether he was right in so holding.4. now ..... c.b. 339 did not take an erroneous view of the transaction; but considering the view which they did take of it, it was undoubtedly a void contract under the english gaming and wagering act.6. and the same observation applies to another case which was cited in argument before us higginson v. simpson l.r. 2 c.p.d. 76. in ..... purported to be, or whether it was merely a wagering contract for differences without any intention by either party to carry out the sale and purchase of the securities.3. upon this question the judge has decided that it was a wagering contract, and as such void under section 30 of the indian contract act, or contrary to public policy under section 23 of ..... , if it was competent to the judge to determine upon oral evidence what the nature of the contract was, i should consider that we .....

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