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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1940 Page 1 of about 360 results (0.099 seconds)

Dec 11 1940 (PC)

Kausalai Ammal Vs. Sankaramuthiah Pillai

Court : Chennai

Decided on : Dec-11-1940

Reported in : AIR1941Mad707; (1941)1MLJ815

..... made, or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent under the circumstances mentioned in the indian contract act, 1872, section 229.7. krishnaswami aiyangar, j., considered that the use of the word 'wilful' in the definition made it clear that the abstention from inquiry should be designed, and due ..... do by the law as it stood when the property was mortgaged to him.6. in 1926 the definition of notice given in section 3 of the transfer of property act read as follows:a person is said to have notice of a fact when he actually knows that fact or when, but for wilful abstention from an inquiry or search ..... a hindu widow had a claim on : the properties, and as he failed to make any inquiries he is postponed to the appellant. section 39 of the transfer of property act, as it stood at the time of the mortgage, read as follows:where a third person has a right to receive maintenance or a provision for advancement or marriage from .....

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Jul 08 1940 (PC)

S.R.M.C.T.S.S.P.A. Chettyar Firm Vs. U on Maung

Court : Privy Council

Decided on : Jul-08-1940

Reported in : AIR1940PC211

..... in the appellants' way, caused by the alleged insanity of the insolvent at the material date. if it existed, then, under s. 201, contract act (1872), it would terminate any authority previously given. their lordships have examined the evidence and they think that there is satisfactory proof to support the finding of ..... be held to be entirely devoid of the element of good faith, which is a necessary ingredient of the provisions of s. 53 of the act. their lordships are therefore of opinion that, on each of these grounds, the transaction in dispute must fail. the decree of the high court ..... , as this was clearly established by the evidence, the appellants could retain the deeds only by showing that they had obtained them from someone acting on behalf of the insolvent and under his authority. the only person alleged to have had this authority was nagalingam and, though he was available ..... and mortgage bonds mentioned above. on 10th may 1935, the respondent was appointed receiver of the insolvent's property under s. 59 of the act, and on 26th august 1935, the respondent instituted the present suit in the district court of thaton by a petition praying that the appellants' mortgage ..... an adjudication in insolvency under circumstances mentioned below was voidable against the respondent (the receiver of the insolvent's estate) under s. 53, provincial insolvency act, 1920. the district court held that it was not voidable, and the appellate court that it was. the material portion of s. 53 is as .....

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Jul 08 1940 (PC)

S.R.M.C.T.S.S.P.A. Chettyar Firm Vs. U on Maung

Court : Mumbai

Decided on : Jul-08-1940

Reported in : (1941)43BOMLR459

..... appellants' way, caused by the alleged insanity of the insolvent at the material date. if it existed, then, under section 201 of the indian contract act (1872) it would terminate any authority previously given. their lordships have examined the evidence and they think that there is satisfactory proof to support the finding ..... must be held to be entirely devoid of the element of good faith, which is a necessary ingredient of the provisions of section 53 of the act.14. their lordships are, therefore, of opinion that, on each of these grounds, the transaction in dispute must fail. the decree of the high ..... , as this was clearly established by the evidence, the appellants could retain the deeds only by showing that they had obtained them from someone acting on behalf of the insolvent and under his authority. the only person alleged to have had this authority was nagalingam and, though he was ..... and mortgage bonds mentioned above.6. on may 10, 1935, the respondent was appointed receiver of the insolvent's property under section 59 of the act, and on august 26, 1935, the respondent instituted the present suit in the district court of thaton by a petition praying that the appellants' ..... in insolvency under circumstances mentioned below was voidable against the respondent (the receiver of the insolvent's estate) under section 53 of the provincial insolvency act, 1920. the district court held that it was not voidable, and the appellate court that it was the material portion of section 53 is .....

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Mar 11 1940 (PC)

Ramchandra B. Loyalka Vs. Shapurji N. Bhownagree

Court : Mumbai

Decided on : Mar-11-1940

Reported in : AIR1940Bom315; (1940)42BOMLR550

..... he would then have to show that he had suffered loss by reason of the compromise, and that he has not done. prima facie under section 135 of the indian contract act and also under the express terms of exhibit b, i am of opinion that the defendant was entitled) to compromise the claim. exhibit b refers to his giving credit to ..... upon the principal debtor to discharge the debt of the creditor which has become due,-a right which is referred to in mulla's note to section 145 of the contract act, and is illustrated by the english case there referred to, asckerson v. tredegar dry dock and wharf company, limited, 1909 2 ch. 401 cannot be worked out, unless the principal ..... surety. unless that element is present, it is impossible in my view to work out the rights and liabilities of the surety under the indian contract act. section 145 provides that in every contract of guarantee there is an implied promise by the principal debtor to indemnify the surety. it is impossible to imply a promise by the principal debtor to indemnify the ..... march 12, 1935, is a letter of guarantee or of indemnity. section s 124 and 126 of the indian contract act state when a contract amounts to one of indemnity and when of guarantee. section 126 in terms states that the contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default. that .....

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Nov 05 1940 (PC)

Vithaldas Bhagvandas Darbar Vs. Tukaram Vithoba Kshatri

Court : Mumbai

Decided on : Nov-05-1940

Reported in : AIR1941Bom153; (1941)43BOMLR225

..... opponent, he should be recouped what he has so paid by the person who ultimately benefits by the payment,8. section 69 of the indian contract act was not mentioned in the judgment, but the principle relied upon seems to be the same, and that principle does not apply if the legal ..... argues merely that he is entitled to a personal decree against the defendants by reason of the equitable principle enunciated in section 69 of the indian contract act. according to that section 'a person who is interested in the payment of money which another is bound by law to pay, and who therefore ..... mentioned, the plaintiff failed in both the lower courts. he there relied partly on section 92 of the transfer of property act and partly on section 69 of the indian contract act.3. section 92 deals with the rule about what is called subrogation. in section 91 certain persons other than the mortgagor are ..... which rules out section 92 of the transfer of property act appears to render section 69 of the indian contract act also inapplicable. if the repayment of the tagai loan to government is to be regarded as the act of the vendor ramappa, and not the act of the plaintiff, the purchaser, the plaintiff, obviously does ..... been redeemed, if the mortgagor has by a registered instrument agreed that such persons shall be so subrogated.4. by virtue of section 59a of the act the word 'mortgagor' includes 'persons deriving title from a mortgagor,' so that if the plaintiff comes within the terms of section 92 he would .....

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Feb 22 1940 (PC)

Rama Shah Vs. Lal Chand

Court : Mumbai

Decided on : Feb-22-1940

Reported in : (1940)42BOMLR640

..... cory's case supra at p. 292). lord macnaghten's language in that case is equally applicable under section s 60 and 61 of the indian contract act-' where the election is with the creditor it is always his intention expressed or implied or presumed, and not any rigid rule of law that governs ..... such: on these facts there was no payment of principal at all.18. the subject of ' appropriation of payments ' is dealt with in the indian contract act by section s 59 to 61 inclusive. section 60 provides that when the debtor has omitted to intimate, and there are no other circumstances indicating to ..... not throwing doubt on the principle that the writing evidencing the payment may come into existence at any time, are of opinion that the creditor's act of appropriation of the payment to the principal debt is a very different matter. it cannot, they think, have been intended by the legislature that ..... period of limitation begins to run from the date of the payment. he contended that a similar principle should be applied to the creditor's act of appropriation and that so long as the payment was made within time the appropriation towards the principal debt might be made at any subsequent time ..... express exceptions in these respects, and though the exceptions were in the end made statutory, they retained much of their original character. in the indian limitation act, section 19, which deals with acknowledgments, is not to be read as based upon the theory of implied promise; and it is difficult to see why .....

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May 06 1940 (PC)

Jagarnath Prasad and ors. Vs. Chunni Lal and anr.

Court : Allahabad

Decided on : May-06-1940

Reported in : AIR1940All416

..... paid off the decretal money obtained on foot of a prior mortgage is entitled to claim that money by sale of the hypothecated property. section 69, contract act (9 of 1872), provided:a person who is interested in the payment of money which another is bound by law to pay and who therefore pays it is entitled ..... he can sue to enforce within 12 years of the date on which he made the payment. he is also entitled under the provisions of section 69, contract act, to be reimbursed the money paid by the mortgagors and can sue to recover it from the mortgagors personally within three years of the date of his payment ..... at the rate of 6 per cent, per annum. in para. 5 of the plaint it is stated that the debt mentioned in both the bonds was contracted by defendants 1 and 2, who were the managers and of the family, for lawful necessity and for the payment of a previous debt of the joint ..... , under article 61, limitation act.10. this ruling goes the whole length in favour of the plaintiffs' contention. in naubat lal v. mahadeo prasad singh : air1929all309 it was held:until the ..... rule. certain authorities have been cited in support of this contention which will be examined later. rule 5 of order 34 corresponds to section 89, t.p. act, which was repealed in 1908. the words at the end of section 89 'and thereupon the defendant's right to redeem and the security shall both be .....

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Mar 20 1940 (PC)

Bhagwant Genuji Girme Vs. Gangabisan Ramgopal

Court : Mumbai

Decided on : Mar-20-1940

Reported in : AIR1940Bom369; (1940)42BOMLR750

..... would be offending against the covenants in the lease and not against the provisions of the law as contemplated by section 23 of the indian contract act.11. the learned counsel has however not rested his attack on that infirmity alone; for he has said that the combination of the plaintiff ..... raised before him in a different form. it was stated that the case of illegality wasbased on the provisions of section 23 of the indian contract act, the plea being that, inasmuch as under the terms of the kabulayat or lease from government an assignment was not permitted except with the ..... sole, owner and should take the income of the nakas, pay the instalments due to the government in the prescribed time, act according to the conditions of the toll contracts, and deposit 10 per cent (immediately). security bonds-kabulayats-have to be passed in favour of the government. they should be ..... lord davey, that 'public policy is always an unsafe and treacherous ground for legal decision', and it was held that there was nothing in the contract which would justify the court in saying that there was infringement of public policy. i might also refer to the classical definition of public policy in ..... proceeds to say:--(we) yeshwant bapuji kulkarni (defendant no. 1) and bhagwant genuji girme (defendant no. 2) give up all our rights in the said contracts. now (the said) yeshwant bapuji kulkarni and bhagwant genuji girme have got no right over the (tolls of the) said two roads. gangabisan ramgopal (plaintiff) .....

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Feb 22 1940 (PC)

Rama Shah Vs. Lal Chand

Court : Privy Council

Decided on : Feb-22-1940

..... lord herschell in (1897) ac 286 (16) at p. 292). lord macnaghten's language in that case is equally applicable under ss. 60 and 61, contract act : where the election is with the creditor it is always his intention expressed or implied or presumed, and not any rigid rule of law that governs the application ..... made as such : on these facts there was no payment of principal at all. the subject of "appropriation of payments" is dealt with in the contract act by s.59 to s.61 inclusive. s.60 provides that when the debtor has omitted to intimate and there are no other circumstances indicating to ..... not throwing doubt on the principle that the writing evidencing the payment may come into exigence at any time, are of opinion that the creditor's act of appropriation of the payment to the principal debt is a very different matter. it cannot, they think have been intended by the legislature that at ..... period of limitation begins to run from the date of the payment. he contended that a similar principle should be applied to the creditor's act of appropriation and that so long as the payment was made within time the appropriation towards the principal debt might be made at any subsequent time ..... not contain express exceptions in these respects, and though the exceptions were in the end made statutory they retained much of their original character. in the limitation act, s. 19, which deals with acknowledgments, is not to be read as based upon the theory of implied promise : and it is difficult to see .....

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Jul 18 1940 (PC)

Babu Nisar Ahmad Khan Vs. Babu Raja Mohan Manucha and Others

Court : Privy Council

Decided on : Jul-18-1940

..... initio; (e) that ex. 3 was voidable but plaintiffs were entitled to recover rupees 150,000 with simple interest at 6 percent per annum under the provisions of s. 65, contract act; (f) that since ex. 5 was void ab initio,the defendant was not liable to make any payment thereunder; (g) that the rate of interest was not unfair or extortionate ..... , which provides for a period of six years, and the suit was well within that period. it was next contended that ex.5, being void ah initio, s.65, contract act, had no application. their lordships are, however, satisfied that the grounds on which the appellate court rested its opinion are sound, and there is enough justification for the view that ..... desirable that manoharlal should no longer represent the mortgagor. manoharlal is dead and his explanation is not known. their lordships have not enough evidence before them to suggest that in acting as he did manoharlal was guilty of any misbehaviour throwing light upon the merits of the transaction. it may be that, as the respondent's counsel has urged, manoharlal's ..... transactions were really between motilal as the mortgagee and yar mohammad khan as the mortgagor, there was no occasion for the application of the principle embodied in s.111 , evidence act. as the two courts have relied on this section, it is necessary to set out its terms, which are as follows : where there is a question as to the good .....

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