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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1909 Page 1 of about 372 results (0.089 seconds)

Jan 29 1909 (PC)

Sheikh Kallu Vs. Ramsaran Bhagat

Court : Kolkata

Decided on : Jan-29-1909

Reported in : 1Ind.Cas.94

..... one in unlawful restraint of trade.3. the learned vakil, who appears in support of the rule, has placed reliance upon section 27 of the indian contract act, 1872, and upon the decisions of this court in madhub chunder v. raj coomar doss 14 b.l.r. 76; 22 w.r. 370 and nur ..... put upon the statute during many years past. in this view of the matter if we adopt the construction of section 27 of the indian contract act as first suggested by sir richard couch and subsequently affirmed in the cases to which we have referred, a construction which is consistent with the ..... the policy of the law, especially as the legislature has deliberately left the provision in section 27 in its original form, though other provisions of the contract act have from time to time been amended. the inference would be almost irresistible under these circumstances, that the courts have lightly ascertained the intentions of the ..... on the other hand, have since then been considerably widened and developed. the result is that the rule as embodied in section 27 of the indian contract act presents an almost startling dissimilarity to the most modern phase of the english rule on the subject. as observed, however, by six richard couch in ..... refer, we are of opinion that the agreement upon which the claim of the plaintiff is founded is void.4. section 27 of the indian contract act provides that every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent .....

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Mar 10 1909 (PC)

P.R. and Co. Vs. Bhagvan Das Chaturbhuj

Court : Mumbai

Decided on : Mar-10-1909

Reported in : 2Ind.Cas.475

..... i think it can be demonstrated that this inference as to the intention of the indian legislature is erroneous.5. before the passing of the indian contract act wherever a consideration was executed for which a debt payable at the time of action had accrued due either under an express promise or under one ..... england under section 49 (1) of the sale of goods act, 1893. it is urged that since no such remedy is provided in the indian contract act, it must be taken to have been excluded on ..... i conceive, still open to them to affirm the contract and claim the price which had become due under it. that remedy, it is admitted, would have been available to them in bombay under the english common law before the introduction of the indian contract act of 1872, as it would be available to them now in ..... with the law relating to the contracts.... there is nothing to show that the legislature intended to deal with exhaustively with any particular chapter or sub- ..... and amend certain parts of the law relating to contracts.' further room for this opinion is made by the decision of the privy council in irawaddy flotilla co. v. bugwandass 18 i.a. 121 : 18 c. 620 where their lordships say that 'the act of 1872 does not profess to be a complete code dealing .....

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Nov 04 1909 (PC)

Koti Vencatramiah Vs. the Official Assignee of Madras

Court : Chennai

Decided on : Nov-04-1909

Reported in : 5Ind.Cas.202

..... salem 7 m.h.c.r. 233 and in re mathur lalbhai 25 b.k 702 where the applicability of the definition of goods in section 76 of the indian contract act of 1872 to currency notes for the purpose of chapter vii was considered.4. mr. justice miller, as i understand him, does not dispute the saw as laid down in smith ..... unless it is shown that the law is otherwise on the point in india. the learned vakil for the appellant has, however, argued that section 92 of the indian contract act ix of 1872, makes reference. but it is obvious that that section, which occurs in the chapter relating to sale of goods, does not apply to money or currency notes which are ..... in favour of the customer. the delivery of the notes was never completed and smith v. mundy 29 l.j.q.b. 172 lays down that so long as the act of delivery is not completed, the property in the bank of england notes and the same rule must be held to be applicable to indian promissory-notes does not pass .....

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May 21 1909 (PC)

Bank Instalment Company Limited in Liquidation Vs. Muhammad Abdulla Kh ...

Court : Allahabad

Decided on : May-21-1909

Reported in : (1909)ILR31All495

..... the defendant promised to pay the balance of rs. 954-9-0 within one month. it is an agreement such as is contemplated in section 25(3), of the contract act being an agreement to pay a debt which was time-barred. the plaintiff waited for that one month before he brought his suit, so that there was a clear ..... promise to pay the balance then due within a month and that the letter operated under the provisions of section 25(3) of the contract act and gave the plaintiff a fresh cause of action. on these grounds the appeal was dismissed.2. in this court two points are pressed: first, that the payments ..... action and that the claim was, not based upon that document.3. the first ground of appeal is in our opinion well founded. under section 20 of the limitation act, the payment of interest will save limitation when the payment is made as such, that is to say, the debtor has paid the amount with the intention that it ..... as he was unable to find that they could have been possibly paid for any other purpose. therefore he held that under the provisions of section 20 of the limitation act, no. xv of 1877, the payments of these sums saved the operation of limitation. he held further that the letter of the 25th may 1906, was a distinct ..... . the document was unstamped but the plea which was first urged on this point was not pressed in view of the terms of section 36 of the stamp act, no. ii of 1899. in this view of the case the appeal must fail. it is dismissed with costs. .....

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Oct 26 1909 (PC)

Subramania Aiyar Vs. Gopala Aiyar and ors.

Court : Chennai

Decided on : Oct-26-1909

Reported in : 7Ind.Cas.898; (1910)20MLJ633

..... the principal debtor is not discharged by lapse of time may also be gathered from section 25, clause 3, and section 6o of the indian contract act ix of 1872. a barred debt is a good foundation for a written promise to pay signed by the party liable to be charged therewith. it is impossible ..... section 134 says : 'the surety is discharged by any act or omission of the creditor, the legal consequence of which is the discharge of the principal debtor.' does the ..... seem to follow that in mere omission to sue does not discharge the principal debtor, the surety is not discharged under section 184 of the indian contract act. it has been argued that the surety will be discharged if he is liable to be sued when he cannot have any remedies against the debtor ..... limitation act xv of 1877 [see srinivasa ayyangar v. municipal council of karur 22 m.j 342 no suit can lie against the sons.4. the next question is--are the sureties liable the determination of this question depends upon the construction of section 134 and section 137 of the indian contract act ix of 1872. ..... to regard a debt as discharged by limitation when section 60 of the indian contract act speaks of a barred debt as a lawful debt, actually due .....

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Aug 26 1909 (PC)

Periathambi Udayan Vs. Angammal Alias Amminiammal and ors.

Court : Chennai

Decided on : Aug-26-1909

Reported in : 4Ind.Cas.725

munro, j.1. the execution of the bond was admitted, and the burden of proving want of consideration was upon the defendants and they adduced no evidence. even otherwise, the evidence of the plaintiff's witnesses proved payment. of the entire consideration and stands unrebutted by any evidence on record. as to the interest at 75 per cent. from the date of default, i do not think it is a penalty within the meaning of section 74 of the indian contract act ix of 1872. the defendants were given the use of the money on the understanding that if they repaid it in certain instalments they would be charged no interest, but if they failed to repay as agreed they would be liable to pay it with interest. the defendants are not in a worse position than if at the time they had borrowed the money they had agreed to pay the interest now demanded. the rate of 75 per cent. is, no doubt, high, but there is nothing to show that the defendants did not enter into the contract with their eyes wide open or that any undue advantage was taken of them.2. the plaintiff, in modification of the lower court's decree, will have a decree for rs. 300 with interest at 75 par cent. in the principal sum adjudged from date of suit till date of decree and, further interest on the aggregate at 6 per cent. per annum till payment. the defendants will pay the plaintiff's costs throughout.

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Nov 15 1909 (PC)

Ramanjulu Naidu Vs. Aramudu Iyengar and anr.

Court : Chennai

Decided on : Nov-15-1909

Reported in : 5Ind.Cas.735

..... operate as a bar to the present suit against the second defendant. as regards the first and second contentions, the agreement is based on section 43 of the indian contract act, ix of 1872, which makes the liability of joint promissors joint and several. although an action upon a joint promise against one only of the joint promissors was met by a plea ..... . 494 with apparent assent and do not involve the decision of the question whether it applies to the mofussil in india in the face of section 43 of the indian contract act. it must also be pointed out that mr. justice muthusami iyer gave his assent to the applicability of the rule. in a hesitating manner see gurusami v. chinnamannar and gurusami ..... 22 a.k 307, upon a full revision of all the indian cases, chief justice strachey and banerji, j., have taken the same view. also section 44 of the indian contract act departing from the english law lays down an analogous principle that the release of a joint-debtor does not operate as a discharge of the co-promissors. it must, however ..... is one and indivisible transit in bern judicature and is, therefore, not available for a subsequent suit against a co-promissor. the question arises whether section 43 of the indian contract act lays down a mere rule of procedure or makes the liability of each co-promissor joint and several. sir frederick pollock observes in his notes to section 43 of the .....

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Apr 15 1909 (PC)

Authi Kesava Nattan Vs. Saravana Murugesa Naicken and anr.

Court : Chennai

Decided on : Apr-15-1909

Reported in : 2Ind.Cas.435

wallis, j.1. i think that in the circumstances of this case the finding that the payment was made bona fide and without collusion is in effect a finding that it was made lawfully. if so the conditions of section 70 of the indian contract act appear to me to be satisfied. i accept the findings and accordingly allow the petition, reverse the judgment of the district judge, and give judgment for plaintiff with costs throughout.

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May 17 1909 (FN)

Parish Vs. Macveagh

Court : US Supreme Court

Decided on : May-17-1909

..... and complete examination into the claim of joseph w. parish against the united states for balances alleged to be due him by virtue of a contract made by j. w. parish & company with henry johnson, medical storekeeper, acting on behalf of the united states. . . . that the secretary shall determine and ascertain the full amount which should have been paid said j. w ..... this letter 12,768 tons of ice had been delivered and paid for at the contract price. the order of suspension was never recalled. under the authority of an act of congress approved may 31, 1872, parish brought suit against the united states to enforce his demand under the contract. the court of claims dismissed the suit. 12 609. this court reversed ..... of the certainty in the quantity of ice required, made by the order for 30,000 tons, it is said that the "special act nowhere speaks of this order, but only of the contract." the final comment is that "no other clause of the act seems to be worth quoting as an unambiguous order to make an arbitrary calculation and allowance," while the ..... of the litigation and legislation in regard to the claim of parish against the united states for damages on contract for ice made in 1863 for use of armies in the field reviewed and held that page 214 u. s. 125 under the act of february 17, 1903, c. 559, 32 stat. 1612, directing the secretary of the treasury "to determine and .....

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Aug 23 1909 (PC)

Robert Fisher Vs. S. Kanakasabapathy Mudaliar

Court : Chennai

Decided on : Aug-23-1909

Reported in : (1910)20MLJ722

..... did not decline to accept the work as done for his benefit; in this the defendant did do so. the case points out that section 70 of the indian contract act (act ix of 1872) is not to be read so as to justify the officious interference of one man with the affairs or property of another or to impose subjection in respect of ..... have rendered and the learned judges were able to apply that section only because the absence of disapproval by the zemindar made it lawful for the government to do the act for him within the meaning of that section.2. here there is no such case : the defendant did not want any work to be done for him and said so ..... 25, act ix of 1887, however, does not require an application before action is taken. we think we may, therefore, take the decree of the district munsif into consideration and we are ..... the circumstances of the case, to satisfy ourselves whether it is right in law, and if not, to make an order under section 25 of the provincial small cause courts act ix of 1887. it is not denied that we have jurisdiction to take this course, but it is contended that we ought not to do so without an application. section .....

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