Court : Chennai
Decided on : Sep-10-1913
Reported in : (1914)ILR37Mad146
..... which was subsequent to the limitation act, ix of 1871, section 20, in which partners are expressly mentioned, is quite general in its-terms and makes no exception as ..... an act necessary for or usually done in carrying on the business of the partnership (section 291 of the indian contract act), in which case they held it must be taken to have been done with the authority of the other partners. there it may be observed that section 251 of the indian contract act, 1872, ..... where an acknowledgment was effected in the ordinary course of business of the firm and was such a transaction as was contemplated in section 251 of the indian contract act, it was sufficient to save limitation. in dalsukhram v. kalidas i.l.r. (1902) bom. 42, candy, j., referred to scott, j.'s ..... were working together for profit in the business and this it seems to me renders them partners within the definition of section 239 of the indian contract act. the business was no doubt carried on in the name of the first defendant as appears from the plaintiffs' ledger, but there is nothing unusual ..... to stopping business, and in any case to more than a temporary stoppage. there will be judgment for the amount claimed with further interest at contract rate to date and costs with further interest at 6 per cent, against the first defendant, and against the second and third defendants to the .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-19-1913
Reported in : AIR1914Bom225(2); (1913)15BOMLR948
..... this clause, as cited above, could not be pleaded in bar of the suit because those provisions constituted a void agreement under section 28 of the contract act. the learned judge below, though with expressed reluctance, accepted the argument for the defendants holding himself bound to do so by the decision of the ..... 107, we must be very cautious how we have recourse to the pre-existing state of the law for the purpose of interpreting section 28 of the contract act; but in deprecating any general practice of that sort lord herschell added that 'if a provision be of doubtful import, such resort would perfectly legitimate.' i ..... cal. 516 though it must be admitted that that decision is of no direct assistance, since the question of the effect of section 28 of the contract act on such agreements was not expressly considered.10. it was conceded in argument that in england the agreement in clause 12 would be perfectly valid; ..... a very material consideration in the case of a conditional forfeiture of all benefit under a policy.4. in my opinion section 28 of the contract act is aimed only at covenants not to sue at any time and covenants not to sue for a limited time, which had given rise to difficulty ..... that in this case it is permissible to glance at what was the state of the law in england prior to 1872 when the indian legislature undertook the codification of the law of contract. reference to the authorities will, i think, disclose that there was much complexity in the law as to the validity .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-29-1913
Reported in : (1913)15BOMLR320; 19Ind.Cas.736
..... not apply to hindus the plaintiff cannot claim the benefit of its provisions.4. it was however argued that as under section 2 clause (d) of the contract act the consideration might be provided by some other person, the plaintiff could sue on a policy the consideration for which was provided by her husband. there is ..... . ananthanatha i.l.r. (1883) mad. 351, relied for the plaintiff, the contract was between the plaintiff and the defendant though a third party supplied the consideration. in chinnaya rau v. ramaya i.l.r. (1881) mad. 187 there was also ..... and until trustees should be appointed on behalf of the wife it was in the power of the assured at any time to put an end to the contract by ceasing to pay the premia or otherwise to defeat the expectation of his wife by assigning the policy to a creditor. he could divest himself of ..... other saleable property belonging to the judgment-debtor over which he had a disposing power which he might exercise for his own benefit'. the policy is a contract between the deceased and the insurance company expressed to be for the benefit of the wife of the assured whereby the company promise on proof of the ..... that the plaintiff was either the promisor or the promisee and therefore a party to the agreement. there is nothing in the act to show an intention that a person not a party to the contract can sue on it. so far as it goes section 2 (i) is an indication to the contrary. in samuel v .....Tag this Judgment!
Court : Chennai
Decided on : May-02-1913
Reported in : 20Ind.Cas.546; (1913)25MLJ162
..... 1878 and 1890) and ' that notwithstanding some general expressions in the chapter on bailments, a common carrier's responsibility is not within the indian contract act of 1872.3. taking it, then, that the- english common law applies to the rights and liabilities of the defendant company, the bill of lading ..... the appellant relied. they decided that the liability of carrier such as we have to deal with is not governed by the sections of the indian contract act, relating to bailees.14. under these circumstances there is no reason why the plain meaning of the clause should not be given effect to, ..... cases and indian statutes unless i am convinced that they are clearly n6t applicable, i would have gladly referred the question of the applicability of the contract act, where it differs from the english common law, to a full bench, if i did not feel that i am concluded by the pronouncement of ..... i.l.r. (1908) m. 95 the learned chief justice and wallis j. evidently hold as unquestionable that, where the english common law and the indian contract act differ, the former and not the latter applied to common carriers by sea. wallis, j. referred (at page 108) to the argument of the appellant's ..... a) whether they are common carriers,(b) whether the english common law relating to carriers by sea applies to them or the provisions of the indian contract act relating to bailees,(c) if the english common law applies to them, whether the defendants are wholly absolved from liability for the loss caused by the .....Tag this Judgment!
Court : Chennai
Decided on : Sep-10-1913
Reported in : AIR1914Mad609; (1913)25MLJ501
..... it may be observed that section 251 of the indian contract act of 1872 which was subsequent to limitation act ix of 1871 section 20 in which partners are expressly mentioned, is quite general in its terms and mikes no exception as to. payments and acknowledgments made ..... held that where an acknowledgment was effected in the ordinary course of business of the firm and was such a transaction as was contemplated in section 251 of the indian contract act, it was sufficient to save limitation. in dulsukram v. kalidas i.l.r. (1902) b.42, candy j. referred to scott j.'s ruling with approval, and stated that it ..... defendants were undivided and were working together for profit in the business and this it seems to me renders them partners within the definition in section 239 of the indian contract act. the business was no doubt carried on in the name of the 1st defendant as appears from the plaintiff's ledger, but there is nothing unusual in that. in the ..... issue whether assuming the partnership to have been existing when the acknowledgment was made, such acknowledgment was or was not an act necessary for as usually done in carrying on the business of the partnership (section 291 of the indian contract act) in which case they held it must be taken to have been done under the authority of the other partners. here .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-01-1913
Reported in : (1913)ILR35All370
..... calc., 232 and the facts of the present case. in the case before their lordships, they had to deal with an agreement to sell. here we have before us a contract which has been executed. the sale has actually taken place. the plaintiffs have paid the consideration money. they obtained possession of the property, but were subsequently dispossessed. it cannot be ..... the defendant, brought this suit for its recovery and also for the costs incurred in the litigation with the third parties. in defence it was pleaded, inter alia, that the contract was null and void, the plaintiffs having been minors at the date of the execution of the sale deed. the first court decreed the suit in part, namely, for the ..... the competence of a manager of a minor's estate or within the competence of guardian of a minor to bind the minor or the minor's estate by a contract for the purchase of immovable property, and they are further of opinion that as the minor in the present case was not bound by the ..... contract there was no mutuality, and that the minor, who has now reached his majority, cannot obtain specific performance of the contract.' the lower appellate court dismissed the plaintiffs suit. the plaintiffs come here in second appeal. various grounds have been pressed .....Tag this Judgment!
Court : Chennai
Decided on : Apr-29-1913
Reported in : (1913)25MLJ256
..... which it is understood in english law. the contract act and the limitation act are not statutes in pan material and it should not be assumed that article 115 is confined to cases ..... the expression 'implied contract' was used in the article in the sense in ..... english law a contract that the agent has authority to act on behalf of the principal would be implied by law whenever he contracts on behalf of a principal. in construing article 115 of the schedule to the limitation act it must be remembered that act ix of 1871 which enacted article 115 was passed before the indian contract act which was enacted in 1872. we think that ..... of what would be implied contracts according to the definition in the contract act. the result .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-21-1913
Reported in : (1913)15BOMLR890
..... of claims.19. i am of opinion, therefore, that the appellants in each of these appeals are entitled to the benefit of section 103 of the contract act against the unpaid vendor.20. in appeal no. 4 of 1912, the case was remanded to the lower court for evidence upon certain issues of which ..... .l.r. bom. 57 when declining to apply, as mr. justice farran had done, the english definition to instruments of title' in section 103 of the contract act although admitting that it might be applied to the expression ' document showing title' in section 108 on the ground that dealings by factors entrusted with documents showing title ..... on the special facts of these cases, the railway-receipt if assignable by endorsement would be an instrument of title to the goods under 8.103 of the contract act. it is true that in great indian peninsula railway v. hanmandas ramkison i.l.r. (1889) bom. 57, it has been held a railway-receipt ..... by marshalling any surplus assets-in favour of the unpaid vendor, ramdas, in the event of the question as to the applicability of section 103 of the contract act being decided against him. but the simple answer is that there are no surplus assets.9. the question common to both appeals remains to be dealt ..... sums were credited to the latter which if the rule in clayton's case (1816) 1 mer. 608 and the rule of section 61 of the contract act were applied, would extinguish the debt of rs. 15,000 ; but the application of the rule is always subject to the condition that the parties have .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-25-1913
Reported in : (1913)15BOMLR472
..... ' according to indian law. it was contended that nothing could be ' coercion ' under indian law unless it satisfied the definition of ' coercion ' ' which is found ins. 15 of the indian contract act and that the allegations in the plaint failed so to do because they did not show that the ' unlawful detaining or threatening to detain ' the property was ' with the intention ..... not sound and that it is based on a fundamental misunderstanding of the object and effect of section 15 of the indian contract act.10. section 15 forms part of a chapter which specially deals with the requisites of a valid contract. this chapter commences with section of, which may be regarded as the fundamental section, and which reads as follows:-all agreements ..... definition which applies to the consideration whether there has been ' free consent ' to an agreement so as to render it a contract under section 10. this explains why in the definition of ' coercion' it is limited to an unlawful act done ' with the intention of causing the person to enter into an agreement.' but it would be to make nonsense of the ..... that 'coercion' in a legal sense could only exist if the object was to bring about a contract. indeed such an interpretation would render the act inconsistent with itself. section 72, which is in chapter v, which deals with ' certain relations resembling those created by contract,' reads as follows:-a person to whom money has been paid or anything delivered by mistake or .....Tag this Judgment!
Court : Chennai
Decided on : Mar-03-1913
Reported in : (1915)ILR38Mad321
..... is, no doubt, used in some places, but that word when used by courts is not confined to its meaning as defined in section 17 of the contract act. courts have always refused to define fraud exhaustively, as it is as hydra-headed as the devices of human ingenuity. every unfair means used to obtain unconscionable ..... set aside as a necessary preliminary to the granting to the plaintiff of reliefs consequent upon the wiping out of the contract or deed. the indian contract act, section 2, clause (1), defines a voidable contract thus:an agreement which is enforceable by law at the option of one or more of the parties thereto, but ..... by limitation.11. reliance was placed by mr. k. srinivasa ayyangar on sections 64 and 66 of the indian contract act and section 126 of the transfer of property act and section 86 of the trusts act as showing that, whatever may be the case elsewhere, the law of india does not require the intervention of ..... , is not exact, for the title in that case is revested by virtue of a provision in the contract itself.13. so far then as the provisions of the transfer of property act and the contract act are concerned, i am unable to see any reason why i should hold that the observation of the privy ..... out of a suit brought by the plaintiff on the 18th february 1884 to obtain the cancellation of a deed of sale, dated the 29th july 1872 (on the ground that it had been obtained from the plaintiff and her late husband by fraud and undue influence), and to have the property conveyed .....Tag this Judgment!