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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1919 Page 1 of about 420 results (0.139 seconds)

Dec 18 1919 (PC)

K.A.C.C.T. Chidambaram Chetti and ors. Vs. V.R.K.R. Karuthan Chetti an ...

Court : Chennai

Decided on : Dec-18-1919

Reported in : 58Ind.Cas.80; (1920)39MLJ511

..... the sub-partner of one of them, the question whether such a settlement is binding on the sub-partner against the principal partner gives rise to different considerations. the indian contract act, 1872, does not deal specifically with the case of sub-partners except in so far as by section 263 it prohibits the introduction of a new partner into a firm without ..... the assignor can surcharge and falsify on the ground of mistake or fraud in the settlement, the assignee may also do so. after dissolution according to section 263 of the contract act, the rights and obligations of the partners continue in all things necessary for the winding up of the business of the partnership. if for the purpose of such winding up ..... them and the 1st plaintiff. this is not in my opinion sustainable. there is nothing regarding the relations between the sub-partners and partners in the indian contract act. section 31, however, of the english partnership act provides that the assignee of a share in a partnership is entitled ' only to receive the share of the profits to which the assigning partner would ..... present defendants as his sub-partners, assuming them to be such, i am of opinion that it is not. section 263 of the contract act the language of which clearly resembles that of section 38 of the partnership act, 1890, no doubt provides that the rights and obligations of the partner continue in all things necessary for the winding up of the partnership .....

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Apr 02 1919 (PC)

Dinabandhu Jana Vs. Durgaprasad Jana

Court : Kolkata

Decided on : Apr-02-1919

Reported in : (1919)ILR46Cal1041

..... to the rights and obligations of the parties in the events which have happened here. section 28 of the indian contract act, 1872, invalidated agreements in restraint of legal proceedings for the enforcement of rights in the ordinary tribunals. the first exception, however, saved contracts to refer to arbitration future disputes between the parties; it further provided that suits might be brought for specific ..... the defendant. at the same time, the following words of section 21 retain their place:and save as provided by the code of civil procedure and the indian arbitration act, 1899, no contract to refer present or future differences to arbitration shall be specifically enforced.8. thus, the defendant can neither seek specific performance of the arbitration agreement nor set it up ..... to any award to which the provisions of this schedule apply.6. the words of section 21 of the specific relief act thus rendered inapplicable are as follows:but if any person who has made such a contract (that is, a contract to refer present or future differences to arbitration) and has refused to perform it, sues in respect of any subject which ..... , in a position of great disadvantage, and his remedy appears to have been limited to a suit for damages for breach of contract. this was obviously unsatisfactory, and led to the enactment of section 11 of the common law procedure act, 1854. the object of the legislature was to enable effect to be given to the arbitration agreement before the action was .....

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Apr 02 1919 (PC)

Dinabandhu Jana Vs. Durga Prasad Jana and ors.

Court : Kolkata

Decided on : Apr-02-1919

Reported in : 51Ind.Cas.80

..... to the rights and obligations of the parties in the events which have happened here. section 28 of the indian contract act, 1872, invalidated agreements in restraint of legal proceedings for the enforcement of rights in the ordinary tribunals. the first exception, however, saved contracts to refer to arbitration future disputes between the parties; it further provided that suits might be brought for specific ..... the defendant. at the same time, the following words of section 21 retain their place:and save as provided by the code of civil procedure and the indian arbitration act, 1899, no contract to refer present or future differences to arbitration shall be specifically enforced.8. thus the defendant can neither seek specific performance of the arbitration agreement nor set it up ..... to any award to which the provisions of this schedule apply.6. the words of section 21 of the specific relief act thus rendered inapplicable are as follows:but if any person who has made such a contract (that is, a contract to refer present or future differences to arbitration) and has refused to perform it, sues in respect of any subject which ..... in a position of great disadvantage, and his remedy appears to have been limited to a suit for damages for breach of contract. this was obviously unsatisfactory, and led to the enactment of section 11 of the common law procedure act, 1854. the object of the legislature was to enable effect to be given to the arbitration agreement before the action was .....

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May 30 1919 (PC)

Texas Company Vs. Bombay Banking Company Limited

Court : Mumbai

Decided on : May-30-1919

Reported in : (1920)22BOMLR429

..... establishment of such sub-agencies. the appellants, however, say that such priority is established by section 194 of the indian contract act, 1872, which is in these terms :-where an agent, holding an express or implied authority to name another person to act for the principal in the business of the agency, has named another person accordingly, such person is not a sub-agent ..... and used the fund in the purchase of land, which was conveyed to his brother alone. the property was then mortgaged in favour of a mortgagee for whom the trustee acted as solicitor; but it was decided that this fact could not affect the mortgagees with notice of the improper use of the trust money in the purchase of the estate ..... is to be found in the fact already mentioned that vaidya never did have express or implied authority to name any person to act for the texas oil company in the business; that he did not appoint them to act on behalf of the principal but on behalf of himself, and that the guarantees and deposited moneys were to secure him as .....

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Feb 10 1919 (PC)

Ramendra Nath Roy Vs. Brajendra Nath Dass

Court : Kolkata

Decided on : Feb-10-1919

Reported in : (1919)ILR46Cal831

..... not include the right of stoppage in transit, as that right belongs to an unpaid vendor only under section 99 of the contract act of 1872. in my judgment, having regard to the facts of this case, and especially the fact that the plaintiff was personally liable to his ..... assuming this, however, in the appellant's favoar, the question is whether the right of stoppage did not cease under the provisions of section 102 of the contract act. it is said that the buyer did not 'assign' the bill of lading within the meaning of this section and that assignment does not mean merely '' ..... and it is thus submitted that as regards these goods the transit was at an end. as the learned judge has held, section 102 of the contract act applies. the argument of the respondent has been that the stoppage in transit section does not apply, for it is said that the plaintiff was not a ..... handing over of the documents on a promise of payment, it would still have to be shown for the purposes of exception (3) of section 108, contract act, that the facts alleged amounted to an offence. no doubt there are some unfavourable circumstances, such as the general financial position of dass, and/the dishonouring ..... least on the 29th december. if the property in the goods passed we are not concerned with the provisions of exception (1) of section 108 of the contract act.27. the real question in this suit is, therefore, whether the appropriation by the plaintiff was conditional, namely, on a promise of payment as alleged in .....

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Jun 18 1919 (PC)

Ganga Dihal Rai Vs. Mahabir Prasad Pande and ors.

Court : Allahabad

Decided on : Jun-18-1919

Reported in : (1920)ILR42All7

..... as in england, our decision really turns upon the provisions of section 60 of the indian contract act which lays down that when a contract becomes void any person who has received any advantage under such agreement or contract is bound to restore it to the person from whom he received it. that lays ..... -debtor be as little as possible.' this view of the matter has exercised considerable influence upon our judgment in this case. so far from these contracts being- against public policy, they are really in the interests of judgment-debtors alone with a view if possible at the eleventh hour to rescue ..... was already provided for by the law. the lower appellate court in dealing with this aspect of the matter, held that the contract, if void, offended against section 23, in other words, against public policy. we cannot take this view of the matter. there is nothing to justify ..... the express provisions of section 65, and we think, having regard to all the circumstances in the case and the conduct of the parties, the contract must be treated as having expressly omitted to provide for that contingency which was, in the first place, never contemplated, and in the second place, ..... the question then arose as to what should be done with it, and the plaintiff eventually sued the defendant to recover the money. now the contract to which we have referred was reduced into writing and in substance provided for every contingency except the contingency which has actually occurred, and it .....

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Mar 11 1919 (PC)

Bhikhi Sahu Vs. Kodai Pande and ors.

Court : Allahabad

Decided on : Mar-11-1919

Reported in : (1919)ILR61All523

..... that the court had no power to reduce the rate of interest except in a case which can be shown to fall under the provisions of section 16 of the contract act. that argument docs apply and is well understood to apply to cases where the parties to the suit are the parties to the ..... high rate of interest. the subordinate judge came to the conclusion that there was nothing harsh or unconscionable in the bargain, and he allowed interest to the plaintiff at the contract rate. on appeal the learned judge of the court below has reduced the interest to 18 per cent. per annum simple, he relied upon certain authorities of this court viz ..... a case like the present, however, there is this difference; some of the parties to the suit are not parties to the contract, and it is for the protection of the latter that the courts have laid down the principle which we have enunciated above. we are of opinion, therefore, that on the .....

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Jul 28 1919 (PC)

Barkat-un-nissa Begam Vs. Mahbub Ali Mian and ors.

Court : Allahabad

Decided on : Jul-28-1919

Reported in : (1920)ILR42All70

..... to latif-un-nissa, and that it was not voluntary, section 126 of the indian contract act makes no difference between an oral and a written guarantee. see also section 127 of the act.16. we have now to consider the effect of sections 140 and 141 of the act.17. under section 140, it seems to us that when the surety has paid ..... been so paid off, and under section 141 the surety is entitled to the benefit of every security which the creditor has against the debtor at the time when the contract of surety is entered into. we have no doubt that hani barkat-un-nissa was fully informed about the mortgages, and that she agreed to pay up her sister's ..... advanced by the plaintiff, but it held that, although there was no reason to suppose that barkat-un-nissa advanced the money voluntarily, still, as ' there was no privity of contract between the plaintiff and darbari lal, and she gave no guarantee to the latter, she did not become invested with the rights of darbari lal against the mortgaged property and .....

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Dec 18 1919 (PC)

Ganpatrao Appaji Jagtap Vs. Bapit BIn Tukaram and ors.

Court : Mumbai

Decided on : Dec-18-1919

Reported in : (1920)ILR64Bom710

..... case are entirely different because the interests of a third party were involved, and the head-note says:the language of section 92 of the evidence act, 1872, with regard to a 'contract, grant or disposition reduced to writing', in terms applies, and applies alone, ' as between the parties to any such instrument,, or their representatives ..... person who was not a 'party to the deeds or a representative in interest of a party ' to them.,...held, that section 92 of the evidence act was no bar to the admission of evidence to show what, was the true nature of the transactions : it did not prevent fraudulent dealing with a ..... documents themselves viewed in the light of the surrounding circumstances.9. that is evidently a reference to proviso 6 to section 92 of the indian evidence act which states that 'any fact may be proved which shows in what manner the language of: a document is related to existing facts.' that is ..... w.f. legged (1899) 22 all. 149 that in questions, of this kind the courts in india must be guided by section 92 of the evidence act.8. the defendant has relied upon a dictum of the privy council in jhanda singh v. wahid-ud-din (1916) 38 all. 570 where their lordships ..... exactly the same evidence that would have been admitted if evidence of intention had been allowed,, under proviso 6 to section 92 of the indian evidence act, and he has come to the conclusion really that when the parties executed the sale-deed, they intended that it should be a mortgage transaction. the .....

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Dec 18 1919 (PC)

Ganpatrao Apaji Jagtap Vs. Bapu Tukaram

Court : Mumbai

Decided on : Dec-18-1919

Reported in : (1920)22BOMLR831; 58Ind.Cas.574

..... that case are entirely different because there the interests of a third party were involved. the head-note says.the language of section 92 of the evidence act, 1872, with regard to a 'contract, grant or disposition reduced to writing' in terms applies, and applies alone, 'as between the parties to any such instrument, or their representatives in ..... person who was not a 'party to the deeds or a representative in interest of a party' to them...held, that section 92 of the evidence act was no bar to the admission of evidence to show what was the true nature of the transactions: it did not prevent fraudulent dealing with a third ..... the documents themselves viewed in the light of the surrounding circumstances.8. that is evidently a reference to proviso 6 to section 92 of the indian evidence act which states that 'any fact may be proved a which shows in what manner the language of a document is related to existing facts.' that is ..... w. f. legge 2 bom. l r. 523, that in questions of this kind the courts in india must be guided by section 92 of the evidence act.7. the defendant has relied upon a dictum of the privy council in jhanda singh v. sheikh wa-ud-ud din (1916) 19 bom. l.r. 1 ..... admitted exactly the same evidence that would have been admitted if evidence of intention had been allowed, under proviso 6 to section 92 of the indian evidence act, and he has come to the conclusion really that when the parties executed the sale-deed, they intended that it should be a mortgage transaction. the .....

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