Court : Kerala
Decided on : Dec-12-1956
Reported in : AIR1957Ker19
..... was no patty to ext. a, his obligation can be treated only asthe obligation of a person enjoying the benefit of a non-gratuitous act, i.e., an obligation coming withinthe ambit of section 70 of the indian contract act, 1872; 'where a person lawfully does anything for another person or delivers anything to him, not intending to do so gratuitously, and such other ..... character and as already indicated the claim in this case has to be considered not as one based on a contract but as one based on a relation resembling those created by contract and as coming under section 70 of the indian contract act, 1872. in other words, what we are dealing with is a statutory liability for the breach of which the only article ..... available is article 120 of the limitation act, 1908. 11. such a conclusion no doubt leads to the anomaly of suits on ..... contract having a period of limitation of three years and of quasi .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-14-1956
Reported in : AIR1957MP157
..... railway administrations was that of bailee. they were, therefore, bound to take only the amount of care which has been enjoined on a bailee under section 151 of the indian contract act, 1872. % has been held in dwarkanath v. r. s. n. co., ltd. (e) (supra), the burden of proving negligence on the part of the servants of the carrier is on the ..... defined in section 3 (6) of the indian railways act, and is wide enough to include the government administering the railways. section 79 of the code of civil procedure enacts that where a suit is instituted against the central government ..... dominion of india v. firm museram kishunprasad, ilr, (1950) nag 212 : (air 1950 nag 85) (c) was referred to and distinguished.the nagpur case had arisen before the indian independence act was passed, and appears not to be intended to apply to cases arising after that enactment. it is no doubt true that section 80 of the indian railways ..... act, 1890 permits an action against the railway administration, but it only provides for their liability and not for frame of the suit. the expression 'railway administration' or 'administration' has been .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-09-1956
Reported in : AIR1956SC604; 30ITR163(SC); 1SCR577
..... correctness of these contentions, that now falls to be considered. 8. according to the law of england - and that is also the law under the indian contract act, 1872 - 'every person who is sui juris has a right to appoint an agent for any purpose whatever, and that he can do so when he is ..... document and not the principal. it is the agent alone that can enforce the deed, and it is the that will be liable on it. vide in re international contract company  6 ch. app. 525; schack v. antony [1 m. & s. 105 e.r. 214, halsbury's laws of england, 3rd edition, ..... of the contention of the appellant that the right which a person has under the general law and under section 2 of the powers-of-attorney act to act through an agent has not been taken away or abridged by the section. he relies in support of his contention on the following rules of construction ..... , the signature of the person so signing is the signature of the person authorizing it'. per blackburn, j. in the queen v. justices of kent  l.r. 8 q.b. 305. the appellant is therefore right in his contention that unless the statute itself enacts otherwise, an application which a partner ..... , and then, assuming that it was probably 'intended to leave it unaltered.................................................... '. 14. we must therefore construe the provisions of the indian income-tax act as forming a code complete in itself and exhaustive of the matters dealt with therein, and ascertain what their true scope is. 15. turning then to .....Tag this Judgment!
Court : Sales Tax Tribunal STT Mumbai
Decided on : Feb-21-1956
Reported in : 19567STC343Tribunal
..... within any of the classes mentioned in the second paragraph of section 230 of the indian contract act, 1872, so that the appellants, the agents, would not be "personally bound" by the contract as regards the block-making. in this view the statement made in the order of the collector of sales tax ..... to set out "the custom which prevails" in the business which is done by the appellants within the meaning of section 211 of the indian contract act, which deals with the agent's duty in conducting the principal's business. we have no doubt that though the appellants have received the commission ..... tax has been charged accordingly. in support of those orders shri kabe has relied on sections 211,213, 216, 217 and 218 of the indian contract act, and argued that it cannot be said that there was any relation of principal and agent between the clients and the appellants. it is, however ..... of no significance whatsoever to the block engraver" appears to us to be clearly erroneous. the view held by the. collector that there is privity of contract for the manufacture and sale of materials between the block engravers and the appellants is also, therefore, erroneous. it cannot, therefore, be held, as held ..... to exempt himself from liability under the contract.2. the circumstances under which the transactions in question were entered into have been stated at length by the appellants in their application to the collector, which was under section 19 of the bombay sales tax act of 1946 and section 27 of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-23-1956
Reported in : 8STC167(AP)
..... 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 ..... .3. in order to appreciate the arguments of the learned counsel, a reference to the relevant provisions of the sale of goods act, the sales tax act and forward contract (regulation) act is necessary; but before dealing with the said provisions, we would like to state certain facts necessary for the correct appreciation of ..... connection drew our attention to section 2(4), 6(3), 7 and 11 of the sales of goods act, section 2(b), (c), (h) and (i) of the sales tax act, section 2(c) of the forward contracts (regulation) act, 1952, and placed reliance on state of bombay v. united motors (india) ltd. (1953 4 ..... assessment of tax and the assessment orders were challenged on the ground that the u.p. sales tax act, xv of 1948, in so far as it imposed a tax on forward contracts was ultra vires the powers of the provincial legislature. this contention was accepted by the high court and ..... be noticed that though the section groups both sales and agreements to sell under the single generic name 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 point of distinction between them being that whereas in .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-05-1956
Reported in : (1957)59BOMLR117
..... to be carried by railway shall, subject to the other provisions of this act, be that of ft bailee, under section 152 and 161 of the indian contract act, 1872. now, if we turn to section 151 of the indian contract act, it says that in all cases of bailment the bailee is bound ..... of his own goods of the same bulk, quality and value as the goods bailed. section 152 of the indian contract act provides that the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount ..... would in the matter of his own goods. that being so, the provisions of section 161 of the indian contract act would be attracted by virtue of section 72 of the indian railways act and the bailee, namely the railway administration, would be responsible for the consignment not arriving at its destination, ..... by the said presentation the person delivering the parcel to the administration would satisfy the requirements of section 75, sub-section (i), of the act. section 75,sub-section (1), does not contemplate a separate declaration under that section, if the requisite information is otherwise supplied by the person ..... which the value of the goods was mentioned, before the railway administration at coimbatore. 'declaration' under section 75, sub-section (1), of the act means a communication by a person delivering the parcel of goods to the railway administration for carriage by railway, telling the administration what the nature, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-17-1956
Reported in : AIR1956SC354; 29ITR535(SC); (1956)IMLJ164(SC); 1SCR154
..... j. followed the calcutta decisions and was not prepared to dissent from the view that the word 'person' in section 239 of the indian contract act, 1872 should not be interpreted so as to include a firm. the learned chief justice, however, expressed the view that it was difficult to say that ..... of that definition to the word 'person' occurring in section 239 of the indian contract act. in our opinion, the word 'persons' in section 4 of the indian partnership act, which has replaced section 239 of the indian contract act, contemplates only natural or artificial, i. e., legal persons and for the reasons ..... there was anything in section 239 itself which made the application to that section of the definition of 'person' as given in general clauses act in any way repugnant. the learned chief justice, however, does not appear to have considered whether there was anything repugnant in the subject ..... would depend on whether a firm can be called a 'person'. 15. there is no definition of the word 'person' in the partnership act. the general clauses act, 1897, however, by section 3(42) provides that 'person shall include any company or association or body of individuals whether incorporated or ..... name' :- 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. persons who have entered into partnership with one another are called individually 'partners' and collectively 'a firm', and the name under which their .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-05-1956
Reported in : AIR1957Kant55; AIR1957Mys55; ILR1956KAR281
..... the bicycle in the stand under the circumstances mentioned above. hence i hold that the defendant did not take the 'care' prescribed under section 151 of the contract act in respect of the bicycle bailed to him by the plaintiff and that he is liable for the value of the said bicycle. 8. there is another ..... for the loss of the bicycle. the learned subordinate jude held that the liability of the defendant was that of a bailee under section 151 of the contract act, that the defendant had taken such care as any prudent man would take in respect of the bicycle, that the loss was due to causes beyond the ..... this case (from 11 a. m. to 3 p. m.) does not amount to the 'care' that is prescribed by section 151 of the contract act. the fact that many others act in the same way as the defendant has done, cannot bring the 'care' taken by the defendant within the meaning of 'care' prescribed under section ..... 151 of the contract act. leaving a bicycle in the stand under the circumstances stated above always involves a risk to the knowledge of the person keeping it there which risk a ..... circumstances, take of his own goods of the same nature and value. it is only when the 'care' as contemplated under section 151 of the contract act is taken that a bailee will be exonerated from all liability for loss, destruction or deterioration of the thing balled under section 152 of the .....Tag this Judgment!
Court : Chennai
Decided on : Apr-11-1956
Reported in : AIR1957Mad228
..... ranganayakalu were relied upon. it has to be remembered that their lordships were dealing with section 93 of act ix of 1872 which was replaced by section 35 of the sale of goods act. section 93 of the contract act stated as follows:-'in the absence of any special promise, the seller of goods is not bound to ..... haji muhammad sait, ilr 23 mad 18 (t) where also the question for consideration related to a clause in the indent and section 107 of the contract act could not have been attracted. at page 23 it is observed thus:-'since judgment was given the law has been reviewed in the calcutta high court ilr 25 ..... 20 (m) was a converse case where it was held that in a suit by the buyer it is his duty under section 51 of the contract act to satisfy the court that he was ready and willing with the money or had the capacity to pay for the goods in suit or that he ..... the goods had been sold the plaintiffs were intimated about it. sub-section (2) of section 54 of the sale of goods act which corresponds to section 107 of the contract act states that where the unpaid seiler who has exercised his right of lien or stoppage in transit give notice to the buyer of his ..... deliver them until the buyer applies for delivery' and the words used in section 35 of the sale of goods act are 'apart from any express contract .....Tag this Judgment!
Court : Chennai
Decided on : Apr-18-1956
Reported in : AIR1957Mad169; 25CompCas378(Mad)
..... the reason for this is that in india there is no such conception as legal estates and equitable estates, and, under sec. 23 of the indian contract act, a contract will be void if it is opposed to law or to public policy, as observed by a full bench of the calcutta high court in ali hossain ..... madras state, there is no question of giving the madras state any increase whatever on the principle of quantum meruit, or under section 70 of the indian contract act, which cannot he brought into operation at all.32. it follows from our observations above that the agreements between the electric supply corporation and the madras ..... the whole or any part of the enhanced charges on the principle of quantum meruit, or under section 70 of the indian contract act, or on any principle analogous to section 70 of the indian contract act.on issues 7 and 8 in c. s. no. 368 of 1953, he found that the state of madras was ..... the principle of quantum meruit, or on a principle analogous to it, or on the principle embodied in section 70 of the indian contract act. we cannot agree. the short answer to this is that the principle of quantum meruit has no application to cases where there are specific ..... a transferee from the madras electric supply corporation and was bound by all the obligations of the madras electric supply corporation under its existing contract.section 7(3)(a) of the electricity act itself says 'where a purchase has been effected under sub-section (1) or sub-sectiion (2)', making it plain that it is .....Tag this Judgment!