Court : Mumbai
Decided on : Dec-03-1951
Reported in : (1952)54BOMLR492
..... to the admissibility of any such evidence. they then dealt with the argument that the representation found proved amounted to fraud as defined in section 17(3), contract act, 1872.that contention was also overruled, because there was no finding that the defendant at the time of making the representation had no intention of performing it. he ..... the transaction itself and enables the party to avoid the transaction. it must be fraud within the meaning of the term as used in section 17(3), contract act, and unless and until the allegations amount to that, there cannot be any valid plea of fraud which can be taken up by a party. merely because ..... of the privy council in this case stands, it is very easy to understand the same. if a has executed a document containing the terms of a contract, grant or other disposition of property in favour of b, no evidence of any oral agreement or statement can be admitted as between a and b or ..... elementary, we should set out the terms of section 92 which would fall to be construed by us in this appeal:'when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to ..... 11 the plaintiff had a second attack of paralysis. his condition grew worse by about 1915 and he was taken to bombay for treatment. he had to contract further debts. on 24-6-1919, he executed a mortgage of four plots out of the properties contained in schedules c and d to the plaint .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-31-1951
Reported in : AIR1952Bom315; (1952)54BOMLR245; ILR1952Bom715
..... a person, in respect of a non-compoundable offence which has been taken cognizance of, is against public policy under section 23 of the indian contract act, 1872, and is therefore void and unenforceable.'there, again, the same principle to which we have referred above was accepted, viz., that if there is ..... if the 'quid pro quo' of consideration for a bond is the withdrawal of a criminal prosecution, obviously it is hit by section 23, contract act. 'but the fact that prosecution was actually withdrawn as a result of the execution of the bond does not necessarily show that the object or ..... and observed (p. 850):'the question now is, whether on the facts mentioned above, the mortgage bond is void and unenforceable, under section 23, contract act. the law on the point seems to me to be perfectly well settled. it is against public policy to make a trade of felony or attempt to ..... general balance of the amount, which the bankers are entitled to call for and retain in accordance with the provisions of section 171 of the indian contract act. the expression 'as security for all types of balances that may be found due by us individually or jointly under the loan account, current ..... 3 contended that the promissory note having been passed for stifling a prosecution for a non-compoundable offence was void under section 23 of the indian contract act, and it was held that the consideration for the promissory note having been the compounding of a non-compound able criminal charge, the agreement .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-16-1951
Reported in : AIR1952P& H224
..... by coercion, fraud and undue influence, the agreement is a contract voidable at the option ot the party whose ..... trial court was in error in finding that the contract of transfer of shares was void. in this connection counsel cites sections 19 and 19a of the indian contract act, 1872, hereinafter referred to as the act.9. in plain english sections 19 and 19a of the act provide that when consent to an agreement is caused ..... d. w. 1/1, was made without consideration and was, therefore, void. in para no 2 of the piaint it was said that the contract was without consideration. this plea was not put in issue presumably on account of the statement of fida hussain plaintiff that he made at the trial ..... urge this point in these proceedings.22. for the foregoing reasons, i find that the contract in question was voidable under sections 19 and 19a of the act and that article 91 of the indian, limitation act governed civil suit no. 202 of 1944.23. considering then that fida hussain on hisown ..... exchange, thereby alienating the property from herself to the defendant. upon those facts the court found that the contract was void 'ab initio' and the suit was governed by article 120 or article 144 of the indian limitation act.12. in 'raja singh v. chaichoo singh', air 1940 pat 201, meredith. j-, (fazl ali .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-01-1951
Reported in : AIR1952SC9; SuppSCR36
..... country are concerned, they must look primarily to the law as embodied in sections 32 and 56 of the indian contract act, 1872. these section run as follows :- '32. contingent contracts to do or not to do anything if an uncertain future event happens cannot be enforced by law unless and ..... of the case afford any basis for the application of the doctrine of frustration of contract, a doctrine which is embodied, so far as this country is concerned, in section 32 and 56 of the indian contract act, 1872. the main grounds of attack against the judgment of the high court are :- ..... fix the quantities and times for deliveries by instalments into a condition precedent to the obligation to deliver at all, and virtually makes a new contract. the words certainly regulate the manner of performance, but they do not reduce the fixed quantity sold to a mere maximum, or limit ..... is made, becomes imprevent, unlawful, becomes void when the act become impossible or unlawful.....'.14. the enforcement of the ..... until that event has happened.if the event becomes impossible such contracts become void.''56. an agreement to do an act impossible in itself is void.a contract to do an act which, after the contract .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-30-1951
Reported in : AIR1952Kant111; AIR1952Mys111; (1953)31MysLJ129
..... defendants failed to despatch the goods and the plaintiffs cancelled the contract and sued for damages in madras. it was held on. an objection regarding jurisdiction that as the parties had agreed that the railway receipt should be ..... case. in that case, the plaintiffs, a firm at madras, booked orders for some goods from the defendants who were the manufacturers at mirzapore. the contract was for despatch of goods f.o.r. mirzapore at earliest booking day after the railway receipt to be negotiated through the bharat bank ltd. the ..... him a cause of action.moreover, that case also supports the alternative contention put forward for the appellant in this case that subsequent to the original contract the defendants had made a counter offer to refund the advance as per ex. b-8.* the plaintiff can be said to have accepted this ..... the property in the goods must be deemed to have passed to the plaintiff immediately the contract was signed. he argues that the goods were admitted by plaintiff to be ready goods which were then ..... terms of that contract recorded in kadiri.8. sri s. d. ganesha rao, the learned counsel for the respondents has relied strongly on a case reported in 'parthasarathy gupta v. calcutta glass & silicate works (1936) ltd.', air 1949 mad 145 and on section 20 of the sale of goods act and urged that .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-26-1951
Reported in : AIR1952Bom310; (1952)54BOMLR273; ILR1952Bom747
..... entitled to return of deposit-money.(9) the result, therefore, is that the plaintiffs are not entitled to the benefit conferred by section 74 of the contract act, because they are suing for the refund of a deposit to which that section does not apply. they are not entitled to relief against forfeiture on equitable ..... norman kemp decided the case really on three grounds: (1) on the ground that a deposit does not fall within the purview of section 74 of the contract act; (2) on the ground that a party in default cannot sue for the refund of the deposit; and (3) on the ground of 'stare decisis'. ..... this observation is relied upon in support of the argument that mr. justice blagden took the view that cases of deposit fell within section 74 of the contract act. with respect to the learned judge, we cannot look upon this observation as anything more than a passing reference to a subject which was not strictly ..... all. as i said before, the main question that was agitated before that bench was the question of the applicability of section 70 of the indian contract act. if two benches of this court had come to contrary conclusions as to the applicability of section 74, we might have seriously considered whether the matter ..... the decision in 'dinanath v. malvi & co.', and have taken the same view of the correct interpretation of section 74 of the contract act. the madras high court, the nagpur high court and the calcutta high court have taken the view that deposits made for the due performance of a .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-09-1951
Reported in : AIR1953Kant66; AIR1953Mys66; ILR1952KAR230
..... extension is true. in -- 'sivayya v. ranganaya kuler' , where the claim was similar it was observed with reference to section 93, contract act now replaced by section 35, sale of goods act that the buyer is under an obligation to apply for delivery and the obligation may be relieved by a special ..... admits in his evidence 'after the expiry of the time fixed in ex. a there was no fresh agreement between us, implying thereby that the contract under ex. a was not treated as being in force. the uncertainty and indefiniteness of the period extended for performance are other factors which make it ..... of the oil. in view of this the plaintiff is not justified in claiming damages on the ground of defendant committing a breach of the contract.4.(a) it was contended for plaintiff that time of performance was extended and that the partial supply of oil subsequent to october implies obligation ..... with the defendant and rs. 83307-as damages. defendant denied liability to pay anything, as, according to him, plaintiff alone was to blame for the contract not being fully carried out. the learned district judge on a consideration of the evidence held that defendant was in default and liable to pay damages which ..... contract to the country or mercantile usage. -- 'dinkerrai lalit-kumar v. sukhdayal rambilas', air, 1947 bom 293 (c), was a case in which construction of s. 35, sale of goods act arose and the learned judges hold that where the buyer sues .....Tag this Judgment!
Court : Chennai
Decided on : Dec-04-1951
Reported in : AIR1952Mad779; (1952)IMLJ705
..... be given away as a gift or a present to the appellants by any means, and such being the case, i am of opinion that section 72 of the indian contract act comes into operation and applies to the facts of this case. it must be stated that when the motor vehicle was delivered by the appellants to the respondent, it was ..... connection. i do not think these decisions apply to the facts of the present case, for. i think, this case is one which comes directly under section 72 of the contract act. the simple fact in this case is that money has been paid in excess of the controlled price under a mistake of fact. both the parties, as i have already ..... part of the appellants in inducing the respondent to pay more than the controlled price, section 19 of the indian contract act came into operation and under that section, agreement between the parties was voidable, and the respondent not having avoided the contract by returning the vehicle which he had purchased from the appellants which it was open to him to do, he ..... as the appellants sold the car in contravention of the price fixed by the provincial government under their notifications, the contract itself was an illegal one being against the control order, and therefore section 65 of the contract act would attract itself to the contract in question. section 65 of the contract act reads thus: 'when an agreement is discovered to bs void, or when a .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-04-1951
Reported in : AIR1952Kant68; AIR1952Mys68
order1. this petition is against the judgment and decree of the munsiff of srirangapatna in s c. no. 29 of 50-51 on his file dismissing the suit, filed for the recovery of rent.2. the case of the plaintiff is that the first defendant took the schedule house on rent from the plaintiff and his brother the second defendant on monthly rent of rs. 5/- and executed an agreement dated 2-12-47 in favour of both of them. the first defendant pleaded that he paid rents to the hands of the second defendant and handed over possession of the suit house on 16-12-18. the second defendant was ex parte, but was examined as a witness for the first defendant. in his evidence he supports the case of the first defendant.3. the learned munsiff has held that the discharge pleaded by the first defendant by payment of rent to the second defendant is binding on the plaintiff. this is a case in which the lease deed had been executed both in favour of the plaintiff and the second defendant. it has to be said that the learned munsiff was wrong in thinking that payment of rent to one of the landlords discharged the liability to the other. i may here refer to the decision reported in 'abdul hakim v. adyata chandra das', 22 cal w n 1021; 'chocka-lingam chetty v. periya karuppan chet-ty', 28 mad l j 197 & 'gendal raju v. magan lal chhagan lal', 113 ind cas 618. as against these decisions, there is no doubt a decision of the madras high court reported in 'annapur-namma v. u. akkayya', 36 mad 544 & the .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-10-1951
Reported in : AIR1953All365
..... after a certain event, had to sell it to the advancers. the agreement being found or rather discovered to be void within the meaning of section 65, contract act, the question remains what is to happen to the amount advanced. the amount itself remained in the hands of the person to whom it had been advanced ..... therefore, illegal. we, therefore, agree with him and the plaintiffs in the earlier suit were not en-titled to a decree for specific performance o(sic) contract.10. the last point dealt with by the learned civil judge was whether the plaintiffs were entitled to a decree for refund in respect of the sum ..... be decreed. on the other hand, if the plaintiffs in the earlier suit are held entitled to a decree for possession by specific, performance of a contract of sale, there would be no question of granting a decree for injunction to the plaintiff of the later suit. of course, the defence taken by ..... each in a different suit. the former arose out of suit no. 2227 of 1946 of the court of munsif, meerut, for specific performance of a contract of sale dated 4-4-1946, and in the alternative for recovery of us. 3600 together with interest in circumstances to be hereinafter mentioned. the latter arose ..... the plaintiffs in the earlier suit because of the bar of section 12 of the said act. the learned civil judge gave a number of reasons for dismissing the plaintiffs' claim, to a decree for specific performance of a contract, even though, as we have said, he had found that it was the plaintiffs .....Tag this Judgment!