Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1959 Page 1 of about 872 results (0.093 seconds)

Jan 20 1959 (HC)

Tadepalli Kutumba Rama Sastry Vs. Seetepalli Dakshina Murthy and ors.

Court : Andhra Pradesh

Decided on : Jan-20-1959

Reported in : AIR1960AP178

..... ) has succinctly dealt with the position of equity and law in dealing with section 55 of the indian contract act as follows: 'the law applicable to the point is contained in section 55 of the indian 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 times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been ..... further had happened in this case, still we are firmly of the opinion that the plaintiff could have availed himself of the rights available under section 59 of the indian contract act, as in this case clearly there has been a refusal on the part of the defendant to perform his part of the ..... open to the defendant to question the imperative nature of the operation of section 39 of the contract act in the circumstances of this case. 12. from the foregoing it follows that having regard to the application of sections 39 and 55 of the indian contract act, we are firmly of the opinion that the refusal of the defendant to perform his part of .....

Tag this Judgment!

Aug 21 1959 (SC)

Shiva Jute Baling Limited Vs. Hindley and Company Limited

Court : Supreme Court of India

Decided on : Aug-21-1959

Reported in : AIR1959SC1357; [1960]1SCR569

..... this appeared on the face of it inasmuch as the arbitrators had purported to award such damages as could not be done under the provisions of the indian contract act, 1872. both these contentions were negatived by the learned single judge and he ordered the award to be filed in court and passed a decree in terms thereof. ..... the date of default but also a further sum of 10s. per ton. reference in this connection is made to sections 73 and 74 of the indian contract act, and it is said that the extra amount of 10s. per ton included in the sum of liquidated damages is against the provision of these section and ..... price on the date default and (ii) an addition of 10s. per ton above that. there is nothing in s. 73 or s. 74 of the contract act, which makes the award of such liquidated damages illegal. assuming that the case is covered by s. 74, it is provided therein that reasonable compensation may be awarded ..... this was per se unreasonable and was therefore bad accordingly to the law of india as laid down in sections 73 and 74 of the contract act. both these sections provide for reasonable compensation and s. 74 contemplates that the maximum reasonable compensation may be the amount which may be named in the ..... the application of these provisions to the facts of the case, and (ii) the construction of s. 7 of the protocol act and the indian contract act with respect to the damages awarded by the award. 8. in the statement of case also after narrating the facts and circumstances, the same two .....

Tag this Judgment!

Nov 18 1959 (HC)

Sorabji Hormusha Joshi and Co. Vs. V.M. Ismail and anr.

Court : Chennai

Decided on : Nov-18-1959

Reported in : AIR1960Mad520

..... claim for damages will not lie.(6) the law covering both these points is the same in england, u. s. a. and india.(7) before the passing of the indian contract act, 1872, the rules of english law, including those in the statute of frauds were applied within the limits of the presidency towns. the 'sales' chapter of the indian ..... 27 an exhaustive examination of the case law bearing on certain portions of the indian contract act was made and in 1928 a draft bill was prepared under the aegis of the late d. f. mulla who was then the law member of the government of india ..... generally the english law on the subject as it then stood, except in one or tow important particulars e. g., market-overt. the indian contract act only laid down simple and elementary rules. it was not exhaustive and on various occasions the courts had to import analogies from the decisions of the english courts.in 1926- ..... the affirmative intention of the parties. it is a child of the law. because of the acts of the parties, it is imposed by the law. it arises independently and outside of the contract. the law annexes it to the contract. it writes it, by implication, into contract which the parties have made. its origin and use are to promote high standards in business .....

Tag this Judgment!

Oct 28 1959 (SC)

Union of India (Uoi) Vs. Amar Singh

Court : Supreme Court of India

Decided on : Oct-28-1959

Reported in : AIR1960SC233; [1960]2SCR75

..... animals of goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. under s. 151 of the indian contract act, the bailee is bound to take such care of the goods bailed to him as a man of ordinary prudence ..... of animals or goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under s. 151, 152 and 161 of the indian contract act, 1872. section 148 of the indian contract act defines 'bailment' thus : 'a 'bailment' is the delivery of goods by one person to another for some purpose, upon a ..... contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering ..... would under similar circumstances take of his own goods of the same bulk, quality and value of the goods bailed; and under s. 152 thereof, in the absence of any special contract, he .....

Tag this Judgment!

Sep 21 1959 (HC)

Union of India Vs. Tara Rani and ors.

Court : Punjab and Haryana

Decided on : Sep-21-1959

Reported in : AIR1960P& H291

..... delivered to the administration to be carried by railway shall, subject to the other provisions of this act, be that of a bailee under ss. 151, 152 and 161 of the indian contract act, 1872. * * * * * (3) nothing in the common law of england or in the carriers act, 1865, regarding the responsibility of common carrier with respect to the carriage of animals or goods, shall ..... shall not be necessary for him to prove how the delay, loss, destruction, deterioration or damage was caused.' the relevant provisions of the indian contract act (no. 9 of 1872) are as under:'section 151. in all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary ..... railway while carrying goods for hire is that of a bailee. chapter vii of the indian railways act (no. 9 of 1890) and the indian contract act (no. 9 of 1872) deal with the liability of the railway as a carrier. the relevant provisions in the railways act bearing on the matter in controversy are set out below:'section 72(1): the responsibility of a ..... maintenance is a 'debt' of not, and it was held that though arrears of maintenance is a debt as defined in the act, future maintenance is not. 4. the claim in air 1956 punj 174, arose in a contract relating to sale of goods on account of breach of warranty. it was held that such a claim could not be held to .....

Tag this Judgment!

Sep 23 1959 (HC)

Court of Wards Dada Siba Estate and anr. Vs. Raja Dharan Dev Chand

Court : Punjab and Haryana

Decided on : Sep-23-1959

Reported in : AIR1961P& H143

..... that so far as the courts in this country are concerned, they must look primarily to the law as embodied in section 32 and 56, indian contract act, 1872.' these observations were referred to by mukherjea j., as he then was, in, and the head-note (b), which deals with the scope of ..... doctrine of frustration but really amounts to construction of the document and discharge of the same under the provisions of section 32 of the contract act; (3) a contract of lease may further be avoided at the option of the lessee on the happening of an event as contemplated under clause (e) ..... to the plaintiff. obviously, this case cannot possibly be an authority for the proposition that the doctrine of frustration as embodied in section 56 of the contract act, was applicable to leases.13. in kshitish chandra v. shiba rani debi, air 1950 cal 441, it was observed by a learned single judge of ..... ss. 32 and 56 and the relevancy of the english decisions, runs as follows :'to the extent that the contract act deals witha particular subject, it is exhaustive upon the sameand it is not permissible to import the principles ofenglish law 'dehors these statutory provisions. thedecisions of ..... extent that the performance became impracticable. in india these matters have been given statutory recognition and are embodied in section 32 and 56 of the indian contract act. fazl ali j. in ganga saran v. firm ram charan ram gopal, air 1952 sc 9, while speaking about frustration at page 11 of .....

Tag this Judgment!

Apr 07 1959 (HC)

K. Chandrasekharam Subudi and Sons Vs. Union of India (Uoi)

Court : Orissa

Decided on : Apr-07-1959

Reported in : AIR1960Ori100

..... ix of 1872). act lvi of 1949 abolished the risk notes and enacted sections 74-a to 74-e reproducing some of the provisions of the risk notes. in consequence section 74-a ..... this act, section 72 which doubtless underwent certain changes as far as is necessary for the present purposes lays down that the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by railway shall be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (act ..... on whose railway loss, injury, destruction or deterioration occurred. mr. panda mainly relied on the provisions of sections 74-e and 80 of the act.7. the judicial opinion until 1949 appears to be that the contracting as well as the subsequent railway administration through which the goods passed were jointly and severally liable. in the case of jamunadas ramjas v. e ..... on the central railway for delivery to the consignee (plaintiff) at berhampur railway station on the defendant railway. section 80 of the act gived an option to the plaintiff to sue either the railway administration with whom the contract was made or the railway administration on whose railway the loss occurred.the plaintiff in this case exercised his option and sued the .....

Tag this Judgment!

Sep 08 1959 (SC)

Topanmal Chhotamal Vs. Kundomal Gangaram and ors.

Court : Supreme Court of India

Decided on : Sep-08-1959

Reported in : AIR1960SC388

..... 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.'order xxx, rule 3: 'where persons are sued as partners in the name of their firm, the summons shall be served either--(a) upon any one or more of the .....

Tag this Judgment!

Feb 16 1959 (HC)

Ghaki Mal Hukam Chand and ors. Vs. Punjab National Bank Ltd.

Court : Punjab and Haryana

Decided on : Feb-16-1959

Reported in : AIR1961P& H91

..... with the contingency which arises on the death of a partner. it reads thus: '4. notwithstanding anything contained in section 45 of the indian contract act, 1872, where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies ..... or revisions should be transfered to the tribunal and consolidated.in my opinion, there is no substance in this objection. section 15(a) of the act itself exempts the proceedings, by way of appeal or review or revisions, against decrees or orders passed against a displaced debtor. the proceedings pending ..... s. l. puri in support of them. he has submitted in the first instance that an application under the displaced persons (debts adjustment) act filed on behalf of the debtors-appellants is pending before the tribunal and since the question of the present appellants being displaced debtors is pending adjudication ..... are 'displaced debtors' within the meaning of section 17 read with section 2, sub-section (9) of the displaced persons (debts adjustment) act 70 of 1951.the parties are entitled to lead whatever evidence they consider proper on this question before the lower court. i therefore direct the trial ..... raised is a very short and simple one. the learned counsel forthe appellants claims relief under section 17 of the displaced persons (debts adjustment) act. he has referred to paras 5 and 6 of the plaint wherein id is stated that on different occasions the defendants pledged with the plaintiff .....

Tag this Judgment!

Aug 28 1959 (HC)

U.P. Government Through the Collector, Cawnpore Vs. Lala Nanhoo Mal Gu ...

Court : Allahabad

Decided on : Aug-28-1959

Reported in : AIR1960All420

..... 26-8-1944 records an acceptance of the plaintiff's aforesaid offer. the offer and acceptance of the promise would constitute an agreement under the indian contract act, and we think that the plaintiff would be entitled to damages for breach of that agreement if it could be held that the agreement was ..... it is devoid of force and efficacybecause both the parties are mistaken about some fact which is vital to the agreement section 20 of the indian contract act deals with the common mistake of fact and not mutual mistake of fact. the facts averred in paragraphs 4 and 17 of the written statement clearly ..... . the erroneous assumption of the parties amounted to a mutual mistake of fact and the leases were, therefore, void under section 20 of the indian contract act.9. before examining the merits of the arguments of learned junior standing counsel on this point, we would like to point out that the written statement ..... court to only four grounds. they are :1. the four leases, which were executed on 26-8-1944, are void under section 20 of the indian contract act on account of mutual mistake of fact. 2. the said leases do not specify the date from which their term would commence and are, therefore, void ..... justice moo-tham (as he then was) that the provisions of sub-section (3) of section 175, government of india act, 1935, were mandatory. it was observed by him that a contract executed on behalf of the government of province should not only be executed on behalf of the governor of the province but .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //