Court : Kolkata
Decided on : Mar-24-1954
Reported in : AIR1955Cal298
..... the report may be quoted in this connection:'the law applicable to the point is contained in section 55, contract act, 1872, which provides that 'when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified ..... of the fact that time should be deemed to be of the essence of the contract does not make it voidable at the instance of one of the contracting parties. under section 55, contract act, the contract becomes voidable after the lapse of the specified time if the intention of the ..... parties was that time should be of the essence of the contract. vide in this connection the case reported in --'bhudar ..... of both parties that a substantial portion of the land covered by the scheme had already come under requisition at the time of the contract, and it was not possible for the respondent company to develop the land fully by constructing roads and drains until the requisition was ..... chandra v. c. r. s. betts', air 1916 cal 901 (a). this 'intention should be ascertained not only from the written words of the contract .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-29-1954
Reported in : (1954)56BOMLR973
..... similar to that of the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall he valid if the restrictions imposed are reasonable.it was strongly urged that but for this provision the plaintiffs would not have ..... rule which renders an agreement in restraint of trade as void under our law provided the restrictions imposed are reasonable.9. section 27 of the indian contract act in broad and comprehensive terms lays down the rule that every agreement by which any person is restrained from exercising a lawful trade or business of ..... in this reasoning. the rule contained in section 54 merely lays down an exception to the general rule contained in section 27 of the contract act that all agreements in restraint of trade are void. it is true that the plaintiffs have to rely on the rule laid down in section ..... implied agreement is established. the implied agreement may be inferred from the course of dealings between the partners. section 11 of the act in terms lays down that the contract of partnership may be express or may be implied by a course of dealing. the law allows an agreement between partners to be ..... suit to enforce any stipulation of such a nature was a suit by a partner to enforce a right arising from a contract or to enforce a right conferred by the partnership act. my decision here must rest on a neat question of construction of sub-section (1) of section 69. i .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-1954
Reported in : AIR1954SC459; 1SCR243; 5STC193(SC)
..... be satisfied before the property in the goods can pass. that was also the law under the repealed provisions in chapter vii of the indian contract act, 1872. section 77 of the contract act defined 'sale' as follows : 'sale' is the exchange of property for a price. it involves the transfer of the ownership of the ..... of goods are treated as two distinct and separate matters. section 4 of the indian sale of goods act (act iii of 1930), runs as follows : (1) 'a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. ..... certain other proceedings for assessment of tax under the provisions of the uttar pradesh sales tax act (act xv of 1948). the respondent is a firm doing business in forward contracts, and was assessed in respect of such contracts to a tax of rs. 1,082-8-0 for the year 1948-1949 by an ..... be noticed that though the section groups both sales and agreements to sell under the single generic names of 'contracts of sale', following in this respect the scheme of the english sale of goods act, 1893, it treats them as separate categories, the vital points of distinction between them being that whereas in ..... gur and peas. the respondent challenged the legality of these proceedings and of the assessment orders on the ground that the act in so far as it imposed a tax on forward contracts was ultra vires the powers of the provincial legislature. the learned judges agreed with this contention, and issued a writ .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-1954
Reported in : AIR1954SC429; (1954)56BOMLR1196; 24CompCas520(SC); 25ITR259(SC); 1SCR185
..... performs his obligation in the manner prescribed and sanctioned by the creditor and thereby discharges the contract by such performance (see section 50 of the indian contract act and illustration (d) thereto). 31. sri kolah points out that when the indian contract act, 1872, was passed, the indian post-office act, 1866, was in force. he has taken us through the relevant provisions of that ..... d) to section 50 of the indian contract act must, after the passing of ..... old act and he points out that those provisions were quite different from those of the present act. according to him illustration ( ..... made the payments in the prescribed manner, i.e., by cheques, it fulfilled its engagement and such payment would under section 50 of the indian contract act, operate as a discharge of the contract. it should also be remembered that the assessee sent its formal stamped receipts only after the receipt of the cheques and not along with the bills .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-1954
Reported in : 25ITR529(SC); 1954(II)MhLj67
..... performs his obligation in the manner prescribed and sanctioned by the creditor and thereby discharges the contract by such performance [see section 50 of the indian contract act and illustration (d) thereto].sri kolah points out that when the indian contract act, 1872, was passed, the indian post office act, 1866, was in force. he has taken us through the relevant provisions of that old ..... ) to section 50 of the indian contract act must, after the passing of ..... act and he points out that those provisions were quite different from those of the present act. according to him illustration (d ..... made the payments in the prescribed manner, i.e., by cheques, it fulfilled its engagement and such payment would, under section 50 of the indian contract act, operate as a discharge of the contract. it should also be remembered that the assessee sent its formal stamped receipts only after the receipt of the cheques and not along with the bills submitted .....Tag this Judgment!
Court : Chennai
Decided on : Sep-03-1954
Reported in : AIR1955Mad154
..... a summons and has failed to appear; provided that nothing in this sub-rule shall be deemed to limit or otherwise affect the provisions of section 247 of the indian contract act, 1872. (2) where the decree-holder claims to be entitled to cause the decree to be executed against any person other than such a person as is referred to in sub ..... of the statutory provision enacted in section 19(c). partnership act. the third objection to the leave being granted was that the firm of sri murugan films had been dissolved and that final decree proceedings in the suit for dissolution, o ..... against the appellant personally. the second ground that was urged was that the decree in c. s. no. 812 of 1948 was a consent decree and that under the partnership act which governed the rights of the parties of the defendants' firm vittal rao had no authority to con-bent to a decree being passed against the firm in the face .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-27-1954
Reported in : AIR1955Cal371,59CWN254
..... or deterioration of animals or goods delivered to the administration to be carried by railway shall, subject to the other provisionsof this act, be that of a bailee under sections 151, 152 and 161, contract act, 1872.' 7. the court repelled the contention that 'loss' contemplated in the section meant loss to the owner. page j. observed ..... to the postal department by theft was put forward and has been disbelieved. there was therefore no loss within the meaning of section 6, post office act and the government cannot escape liability for the loss caused to the owner through non-delivery of the parcel. 10. i have come to the ..... being is unable to trace them. 8. in my judgment a similar interpretation should be put on the word 'loss' in section 6, post office act and it should be held that 'loss' in this section does not mean pecuniary or other loss by the owner of the goods through being wrongfully deprived ..... shall incur any liability by reason of any such loss, mis-delivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default.' 3. if the article had been proved to have been lost to the government, government would clearly escape liability by reason of such loss ..... parcel and rs. 25/- as costs for notices and correspondence and decreed the suit for the sum of es. 425/-. (2) section 6, post office act provides, 'the government shall not incur any liability by reason of the loss, mis-delivery, or delay of, or damage to, any postal article in course .....Tag this Judgment!
Court : Chennai
Decided on : Mar-31-1954
Reported in : AIR1954Mad1074
..... the same was illegal or that the object of the partnership necessarilyinvolved some thing illegal or contrary to public policy (section 23 of the indian contract act). the defendant who alleged the illegality has not succeeded in establishing the necessary facts which would enable the court to come to that conclusion. ..... understand the real implications of the licence and decide whether by reason of the terms of the licence the partnership offends section 23 of the contract act. the licence is therefore a very important document and it was necessary, for first defendant to have produced it at the earliest possible time ..... of ramanathapuram.the defence being that the partnership was prohibited by the madras foodgrains control order and was hit by section 23 of the indian contract act, both the lower courts were of opinion that prima facie the contention of the defendant was entitled to consideration; but as the licence which ..... on second appeal it is discovered that there is evidence which ought to have been placed before the lower court. it is indicated as far back as 1872 in the case of -- 'nanabhai vallabhadas v. nathabhai haribhai', 9 . bom, h. c. r. 89 (e), where sir michael westrop points ..... of the partnership is concerned are similar though they did not arise under the madras foodgrains control order, but under a similar enactment the abkari act. the licence was not produced in the case also. ananthakrishna aiyar j. observed:'it goes without saying that the production of the licence .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-16-1954
Reported in : AIR1955All408
..... has been contended for the respondent that the plaintiff is not entitled to damages order section 73. contract act (act 9 of 1872) but is entitled only to the refund of the earnest money in view of section 65 of the act. we do not agree with this contention. 26. section 73. contract act is in a chapter with the heading 'of the consequences of breach of ..... contract' and provides: 'when a contract has been broken the partywho suffers by such breach is entitled to receive from ..... the contention of the respondent that damages cannot be claimed by a vendee from a vendor when there is a breach of the contract for sale. 27. section 65, contract act contemplates something different from what section 73 of the act contemplates. it contemplates for the refund of any advantage which a party has received under an agreement which is discovered to be void ..... fault has suffered on account 'of the other's committing a breach of the contract. 28. a breach of the contract takes place when any party to the contract refuses to perform his part. a contract becomes void in the various circumstances mentioned in the other provisions of the contract act. a contract is not void 'ab initio'. it is only voidable in certain circumstances. when it .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-27-1954
Reported in : AIR1955All393
..... ratan chand. we are, therefore, in agreement with the view taken by the trial court that ratan chand did not omit to perform his part of the contract in the sale deed.16., the lower appellate court has held ratan chand entitled to a one-fourth share in the property transferred to him. we have ..... spent in the proceedings in appeal on behalf of ram prasad. it is difficult, therefore, to find that ratan chand did not perform his part of the contract.14. another circumstance which has to be taken into consideration is that there was no stipulation in the sale deed, that if ratan chand did not defray ..... , extortionate nor unfair.13. the third point which has been urged on behalf of the appellant is that ratan chand did not perform his part of the contract inasmuch as he did not defray the costs in appeal. as remarked above, the appeal was instituted by smt. janaka against the decree passed in favour of ..... 14-12-1934, embodied in ex. 2 was champertous and, if so, was it not binding on the parties. the law on the subject of agreements or contracts which are champertous, as administered in india, has been the subject of various rulings of the. privy council as also of the various high courts. there is ..... on various grounds. it was alleged that the sale in favour of ratan chand was champertous and that ratan chand did not perform his part, of the contract under the sale deed executed in his favour and as such no title to any part of the house passed to him. it was also contended that .....Tag this Judgment!