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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1957 Page 1 of about 781 results (0.101 seconds)

Apr 10 1957 (HC)

B. Bajranj NaraIn Vs. Shri Ram

Court : Allahabad

Decided on : Apr-10-1957

Reported in : AIR1957All644

..... to us to be well-founded. a reference to section 37 of the contract act, 1872, act ix of 1872, would indicate that there is repugnancy between the provisions of the indian contract act and the provisions of u. p. act x of 1949. section 37 of the indian contract act runs as follows:'the parties to a contract must either perform, or offer to perform their respective promises, unless such ..... the same matter' (the remaining portion is not relevant) .7. learned counsel for the appellant argued that the provisions of the u. p. act being in conflict with the provisions of the contract act (act ix of 1872), which is a central act, were to that extent void under sub-section (1) of section 107. the provincial legislature could, however, under section 107(2) enact a ..... valid piece of legislation repugnant to the provisions of an earlier federal law or an existing indian law (i.e., the contract act in the present case) provided .....

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Sep 02 1957 (HC)

Chacko Varkey Vs. Thommen Thomas

Court : Kerala

Decided on : Sep-02-1957

Reported in : AIR1958Ker31

..... to depart from the view expressed on this point in air 1942 nag 92 (c).'8. section 26 of the travancore contract act (act x of 1115) corresponds to section 25 of the indian contract act, 1872. that section provides -- subject to strictly limited exceptions -- that an agreement made without consideration is void. one of the ..... suits.'pollock and mulla deal with the difference between section 25(3) of the indian contract act, 1872, and section 19 of the indian limitation act, 1908, as follows:'the distinction between an acknowledgment under section 19 of the limitation act and a 'promise' within the meaning of this section is of great importance. both ..... a case there is no consideration at all and the agreement will be void unless it is saved by section 26(3) of the travancore contract act.11. in the light of what is stated above the appeal fails and it is hereby dismissed. the lower court directed the parties to bear ..... the period of limitation expires, nothing short of an express promise will provide a fresh period of limitation; an implied promise is not sufficient.'(the indian contract act, eighth edition, p. 216)it is agreed that ex. a-1 will not amount to an express promise and that the suit cannot be saved ..... bai, air 1942 nag 92 (c). grille, j., said:'if the whole account is time-barred, then the ban imposed by section 25(3), contract act, would apply.'this decision was followed in tulsiram shrikisan v. zaboo bhima, air 1949 nag 229 (d):'in an account stated it does not matter if .....

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Sep 02 1957 (HC)

Passarilal Mannoolal Vs. Mst. Chhuttanbai and ors.

Court : Madhya Pradesh

Decided on : Sep-02-1957

Reported in : AIR1958MP417

..... rules of english law in respect of champertous agreements have not been adopted and the only provision for holding some of them illegal is section 25 of the indian contract act, 1872 (ix of 1872). the civil justice committeewere of the opinion that the law should be soamended as to check the evils which arise from champertous litigation. the amendments proposed will implement ..... expedient to provide for the setting aside of champertous agreements and to amend the indian contract act, 1872, for that purpose; it is hereby enacted as follows : 1. this act may be cited as the central provinces and berar indian contract (amendment) act, 1938. 2. after section 19a of the indian contract act, 1872, the following sections shall be deemed to be inserted, namely : '19-b. (a) ' ..... will make such agreements as fall within the definition of champertous agreements in the english law void under section 23 of the contract act (act ix of 1872). we propose no alteration under section 6 of the transfer of property act (act iv of 1882), but we do propose that all agreements of a champertous nature should be made voidable under the provisions of ..... respondent 3 lalaram (father) not to give it to the appellant.under the circumstances, the appellant was, in my opinion, a 'maintainer' as defined under section 19-b or the contract act; and, having agreed to share the part of the property, which might be securedby moolchand respondent 2, the agreement, dated 7-7-1948, was clearly champertous. i, therefore, .....

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Mar 01 1957 (HC)

Union of India (Uoi) Vs. Asharfi Devi and ors.

Court : Madhya Pradesh

Decided on : Mar-01-1957

Reported in : AIR1957MP114

..... and as for the rajuwadia consignment, that the railway administration failed to take the amount of care enjoined on a bailee under section 151 of the indian contract act, 1872: dwarkanath v. r. s. n. co., ltd., air 1917 pc 173 (a).4. we are inclined to accept the lower court's finding ..... therefore, be accepted.11. this brings us to the question whether the notices addressed to the general traffic manager satisfy the requirements of the indian railways act, there is no doubt that there was no officer called general traffic manager at that time. this however, cannot vitiate the notices, for, that ..... authority is virtually given to the general traffic manager, bombay (now the chief traffic manager) to receive notice of claims under section 77 of the indian railways act. on a similar provision, in g. g. in council v. g. s. mills, (m) (supra), describing the chief commercial manager as the authority ..... to receive the notice, it was held that the notice addressed to him was a proper notice under the railways act. similar facts also existed in govindlal v. governor-general in council, (j) (supra), which were held sufficient to uphold the validity of the notice. ..... the evidence of the vinayak katikar (d. w. 1), who is district commercial claims inspector, that claims under section 77 of the indian railways act are passed on by the general manager to the superintendent of claims who has his office in the same building. due authority of this officer to .....

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Sep 25 1957 (HC)

J.K. Jute Mills Co. Ltd. Vs. Firm Birdhichand Sumermal

Court : Allahabad

Decided on : Sep-25-1957

Reported in : AIR1958All176

..... 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 ..... 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 ..... 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 ..... are not liable by the award decree passed on a reference made by dullabh who had no power to refer the matter to arbitration under section 251, contract act and under the authorities referred to above. i think therefore that the appellants in appeal no. 27, namely bhagvan, mulchand and raychand, are not liable ..... this plea can be taken is that the action of the other partner in entering into the contract on the basis of which the suit has been brought was unauthorised under section 19 of the indian partnership act.34. but can the plaintiff deprive the partner who is not so bound by the action .....

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Apr 09 1957 (SC)

The State of Bombay Vs. R.M.D. Chamarbaugwala

Court : Supreme Court of India

Decided on : Apr-09-1957

Reported in : AIR1957SC699; (1957)59BOMLR945; (1957)35MysLJ(SC)283; [1957]1SCR874

..... governor of bengal. lottery has been, since 1870, made an offence under s. 294a of the indian penal code. gambling agreements have been declared to be void under the indian contract act, 1872 (s. 30). this is short in how gambling is viewed in india. 47. before the legislature intervened, gambling and wagering were not prohibited by the english common law although the ..... facilities which were granted to other litigants. the scottish courts, however, have always refused to recognise the validity of wagering contracts and have held that sponsiones ludicroe, as they style such contracts, are void by the common law of scotland. gambling and betting act, 1664 (16 car. ii, c. 7) was directed against fraudulent and excessive gambling and betting at games or sports ..... intended to prohibit wagering in general, prohibited wagering under the cloak of a mercantile document which purported to be a contract of insurance. then came the gaming act of 1845 (8 and 9 vict. c. 109) which for the first time declared all contracts made by way of gaming or wagering void irrespective of their form or subject-matter. the provisions of this ..... act were adopted by our act xxi of 1948 as hereinbefore mentioned. the gaming act of 1892 (55 and 56 vict. c. 9) further tightened up the law. 48. as .....

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Feb 15 1957 (HC)

The Great Eastern Shipping Co., Ltd. Vs. E. Govindaswamy Chetty and an ...

Court : Chennai

Decided on : Feb-15-1957

Reported in : (1957)2MLJ98

..... trust for the loss', destruction, or deterioration of goods taken charge by them as that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. there is no material on record to sustain the plea of the port trust. there is no proof that the port trust took as much care of ..... a man of ordinary prudence would, in similar circumstances, take of his own goods. it is only on such proof that under section 152 of the indian contract act, the bailee would be relieved from the responsibility for loss destruction, or deterioration of the thing bailed.7. it follows that it is the port trust ..... so far as the present suit was concerned, the plaintiff, the consignee, had no right as against the port trust.4. section 39 of the madras port trust act, in so far as it is material for this case, runs as follows:39- (1) the board shall, according to its powers, provide all reasonable facilities ..... and the manifest which were entrusted to them by the shipper and for which they passed a receipt under section 39(3) of the madras port trust act. the learned judge was not prepared to accept the plea of the port trust that the tally sheets were subsequently corrected by the adjustment sheet, because ..... ship to the madras port trust authorities, who passed receipts, sometimes described as tally sheets, as prescribed by section 39(3) of the madras port trust act. as the goods were unloaded in the course of 3 or 4 days, they were covered by more than one tally sheet. the total shown in these .....

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Aug 19 1957 (HC)

Raja Ram Jaiswal Vs. Ganesh Prasad and ors.

Court : Allahabad

Decided on : Aug-19-1957

Reported in : AIR1959All29

..... disclosed principal who had exceeded his authority. that being the case the suit of the plaintiff was clearly barred by sections 230 and 235 of the indian contract act.5. sections 230 and 235 indian contract act could apply only if the appellant had instructed the plaintiff to arrange for the sale in the capacity of an agent of the company and not in ..... appellant to contend before us that as he had instructed the plaintiff in his capacity as agent the plaintiffs suit was barred by sections 230 and 235 of the indian contract act. the liability which the plaintiff sought to enforce and for the enforcement of which the decree against the appellant was passed was the appellant's personal liability.6. the plea ..... to the second contention of the learned counsel for the appellant will be found in section 43 of the indian contract act and particularly illustration 'a' appended to that section. if the appellant alone appointed the plaintilf his agent and entered into the contract dated 22-12-1941 he could certainly be made liable on its basis and the fact that the other ..... in the ordinary meaning of those words for the agent is under no obligation to do anything, and consequently no term ean be implied in such a contract that the principal will not so act as to prevent the agent from earning his commission, as by disposing of the property himself or through another agent or by breaking of negotiations before the .....

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Sep 05 1957 (HC)

C.V. Kunhiman Vs. P.M.K. Idrosekutty

Court : Kerala

Decided on : Sep-05-1957

Reported in : AIR1958Ker126

..... of even the madras agriculturists' relief act, unless that act governed the transaction in suit in ext. al case. on this matter, the principle of private international ..... at all be invoked by the defendant. for one thing, the contract under the promissory note for simple interest at 18 per cent sustained by ext. al judgment did not contravene any statutory provision in any all-india enactment e.g., the usurious loans act, v. of 1918' or the contract act ix of 1872. secondly, there could not be said to be a breach ..... sought to be enforced was being questioned as regards its conclusiveness, by the defendant.the argument is that to the extent section 13 of the act was ignored by the colombo district court in granting the contract rate of 18 per cent interest under ext. al decree, it was sustaining 'a claim founded upon a breach of any law in force in ..... the creditor, held (reversing the order) that the act will not apply to the foreign decree sought to be executed. and krishnaswamy iyer c. j. observed :'the debt evidenced by the decree in question is one which is the result of a contract entered into a foreign place. the substantive law relating to the contract between the parties is the british indinn law .....

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Dec 03 1957 (HC)

Majety Balakrishna Rao Vs. Mooke Devassy Ouseph and Sons

Court : Andhra Pradesh

Decided on : Dec-03-1957

Reported in : AIR1959AP30

..... company, for the purpose of transmission to the buyer, he reserved the right of disposal and consequently there was no unconditional appropriation of goods to the contract. as stated supra, the plaintiff had obtained the railway receipt in respect of the goods in his own name. ho endorsed the railway receipt in ..... the contention of the learned advocate for the appellant that the terms of section 20 or section 21 of the act apply to the case. i am clearly of opinion that as the contract was for the sale of unascertained goods, section 23 is attracted. the question for consideration is whether there was ..... damages, railway freight, demurrage, commission and other expenses of resale.5. sri sankara sastri, the learned advocate for the appellant, strenuously contended that the contract dated 29-9-1950 related to a sale of specific foods, that the title to the goods passed to the defendant on the plaintiff accepting his ..... at the time when it was passed, a rule which has been recorded in countless decisions since the doctrine of repudiation of contract has received its development in frost v. knight, (1872) 7 ex. 111. (v), namely, that the damages are to be fixed in reference to the time for performance of ..... the contract subject to questions of mitigation.' the court of appeal confirmed the view of the divisional court as to the measure of .....

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