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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1962 Page 1 of about 871 results (0.114 seconds)

Jan 11 1962 (HC)

Union of India (Uoi) Owning Western Railway, Bombay Vs. Dayabhai Laxma ...

Court : Gujarat

Decided on : Jan-11-1962

Reported in : AIR1962Guj266

..... 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 (9 of 1872).'section 161 of the contract act reads as under 'if by the default of the bailee, the goods are not returned, ..... the instant case, the consignor or the bailor has not filed the suit, but the suit has been filed by the consignee, under section 161 of the contract act, in the case of bailment the bailee is responsible only to the bailor, and if a person, who is not a bailor, files a suit against ..... this question also need not be further pursued in view of the fact section 161 or the contract act clearly provides that the bailee is responsible only to the bailor. it is not stated in section 161 of the contract act that the bailee is responsible to the owner of goods bailed.7. in any case, it ..... the bailor, that is the consignor, and this is not a case in which section 226 of the contract act is sought to be applied, because it is not suggested by the plaintiff that the consignor was acting as his agent. the learned small cause court judge was, therefore, wrong in passing a decree in ..... of goods to the railway. the word 'bailment' is thus defined in section 148 of the indian contract act :-'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 disposed of according to the directions of .....

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Jan 15 1962 (SC)

Mithoolal Nayak Vs. Life Insurance Corporation of India

Court : Supreme Court of India

Decided on : Jan-15-1962

Reported in : AIR1962SC814; [1962]32CompCas177(SC); [1962]Supp2SCR571

..... deliberate suppression fraudulently made by mahajan deolal. fraud, according to s. 17 of the indian contract act, 1872 (ix of 1872), means and includes inter alia any of the following acts committed by a party to a contract with intent to deceive another party or to induce him to enter into a contract - (1) the suggestion, as to a fact, of that which is not true by ..... truth.' in our opinion, no question of waiver arises in the circumstances of this case, nor can the appellant take advantage of the explanation to s. 19 of the indian contract act. 13. our finding on the first question makes it unnecessary for us to decide the second question, namely, whether the present appellant merely gambled on the life of mahajan deolal ..... the proposal form and the personal statement, even though those answers were inaccurate. learned counsel for the appellant has referred us to the explanation to s. 19 of the indian contract act in support of his argument. we are unable to accept this argument as correct. it is indeed true that mahajan deolal was examined by as many as four doctors. it ..... it be said that if the respondent company had knowledge of those facts, they would not have made any difference. the principle underlying the explanation to s. 19 of the contract act is that a false representation, whether fraudulent or innocent is irrelevant if it has not induced the party to whom it is made to .....

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Mar 20 1962 (HC)

Gulam HussaIn Ahmedali and Co. Vs. Trustees of the Port of Trust, Bomb ...

Court : Mumbai

Decided on : Mar-20-1962

Reported in : AIR1963Bom45; (1962)64BOMLR670; ILR1963Bom35

..... contract' in section 152 of the last-mentioned act.'section 151 of the contract act requires a bailee 'to take as much care of the goods bailed to him as a man of ordinary prudence would ..... has taken charge shall, subject to the other provisions of this act and subject also in the case of goods received for carriage by railways to the provisions of the indian railways act, 1890 (9 of 1890) be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (9 of 1872), omitting the words 'in the absence of any special ..... by section 61a(1), the board are required to take the same degree of care of the goods which a bailee is required to take under section 151 of the contract act, but that they are not responsible for the loss, destruction or deterioration of the goods if they have taken that amount of care,4. mr. amin's arguments in support ..... the loss.'in onr view, these observations indicate the extent of the care which a bailee is required to take. as provided by section 152 of the contract act, a bailee is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken as much care of the goods bailed as a man of .....

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Sep 14 1962 (SC)

M.S. Anirudhan Vs. the Thomco's Bank Ltd.

Court : Supreme Court of India

Decided on : Sep-14-1962

Reported in : AIR1963SC746; [1963]33CompCas279(SC); [1990]2SCR410; [1977]SuppSCR984; [1963]Supp1SCR63

..... letter and the promise to make further advances. then it is said that inadequacy of consideration does not avoid a contract as stated in explanation 2 of s. 25 of the contract act, 1872, and therefore the bank's undertaking to advance upto rs. 20,000/- could support the appellant's promise to guarantee ..... up to rs. 25,000/-. but it is not the bank's case that there was such a contract of guarantee. its case was that the contract of guarantee was ..... deed of guarantee to the principal debtor for the purposes of being given to the bank, the respondent. in these circumstances the avoidance of contract by material alteration is inapplicable because the document was not altered while in possession of the promisee or its agent but was altered by the ..... the principal debtor, in this case defendant no. 1, and what the principal debtor did will estop the guarantor from pleading want of authority (williston on contract, vol. vi, para 1914, p. 5354). 3. thus the position in the present case comes to this. the appellant agreed to stand surety for ..... 000/- which was subsequently altered to rs. 20,000/- and that any change of figure was a material alteration resulting in the avoidance of the contract, even though the alteration might have been advantageous to him, the obliger. it was argued that howsoever innocent the obligee might be or howsoever innocent .....

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Nov 26 1962 (SC)

New India Sugar Mills Ltd. Vs. Commissioner of Sales Tax, Bihar

Court : Supreme Court of India

Decided on : Nov-26-1962

Reported in : AIR1963SC1207; [1963]Supp2SCR459; [1963]14STC316(SC)

..... are fulfilled subject to which the property in the goods is to be transferred.' 61. it was then pointed out that in section 77 of the indian contract act 1872 sale was defined as 'the exchange of property for a price involving the transfer of ownership of the thing sold from seller to buyer'. it was ..... then held that in view of the scheme of the indian contract act sections 1 - 75 a bargain was an essential element and that even after the indian sale of goods act the position had not changed. it was next pointed out that 'thus, if merely title to the ..... is sufficient to emphasize that natural assent is an essential element in the transaction. it is no doubt true that the contract or agreement to sell may precede the formal instrument or act of delivery under which the property passes but to describe a transfer of property in a chattel which takes place without the ..... that the term 'sale' was used in the limited sense it bears in that part of the law of contract which is now incorporated in the sale of goods act. as a result of this fundamental consideration 'forward contracts' were held to be outside the scope of the entry. the sale, it was held, had to ..... this part of the definition was declared ultra vires entry 48 in list i of the government of india act 1935 and explanation iii to section 2(h) of that act which provided that forward contract 'shall be deemed to have been completed on the date originally agreed upon for delivery and also section 3-b .....

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Dec 11 1962 (SC)

The Trustees of the Port of Madras by Its Chairman Vs. K.P.V. Sheik Mo ...

Court : Supreme Court of India

Decided on : Dec-11-1962

Reported in : [1963]Supp2SCR915

..... of the last-mentioned act. provided that, till the receipt mentioned in sub-section ..... provisions of this act and subject also in the case of goods received for carriage by railway to the provisions of the indian railways act, 1890, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, omitting the words 'in the absence of any special contract' in section 152 ..... charges as a bailee under sections 151, 152 and 161 of the indian contract act. section 148 of the contract act states that 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 ..... entitled under the bill of lading....... the shipping company did not deliver the goods to any such person. they are therefore liable for breach of contract unless there is some term in the bill of lading protecting them. and they delivered the goods, without production of the bill of lading, ..... the fact that the subsequent services are facilities and services rendered to the ship-owner in respect of the goods which are the subject of contract of carriage by the ship-owner. (vii) the past practice had been for the agents to inform the board about the shore labour which .....

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Apr 17 1962 (SC)

Gambhir Mal Pandiya Vs. J.K. Jute Mills Co., Ltd., Kanpur and anr.

Court : Supreme Court of India

Decided on : Apr-17-1962

Reported in : AIR1963SC243; [1963]2SCR190

..... 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 ..... the appellant admitted that he was a partner in the firm of birdhi chand sumer mal, he was not entitled to raise any objection either to the contract or the reference to arbitration or the award. the learned judge having disagreed about the interpretation to be placed on sub-r. (2) of r. ..... to the arbitration; nor of the making and the filing of the award in court. he also contended that seth tikam chand, who had signed the contract containing the arbitration clause with the mills, had no authority to enter into an agreement containing such a clause or to refer the dispute to arbitration on ..... not a partner, and (2) that the decree could not be personally executed against him as he was a ward under the u.p. court of wards act. the second plea was one of a special protection under law, and the case is thus distinguishable. 23. the bombay view has, however, changed in recent ..... amended in 1891. under common law, an action against firms was not known. all actions had to be brought against the partners individually. after the judicature acts, rules were framed in 1883, which enabled actions to be brought against firms in the names of the firms. 6. the rules provided forms for appearances .....

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Apr 12 1962 (SC)

Kapur Chand Godha Vs. Mir Nawab Himayatalikhan Azamjah

Court : Supreme Court of India

Decided on : Apr-12-1962

Reported in : AIR1963SC250; [1963]2SCR168

..... rs. 20 lacs in full satisfaction of their claim and duly discharged the promissory notes by endorsing full satisfaction thereon; therefore, s. 63 of the indian contract act, 1872, applied and the suit of the appellants was liable to be dismissed. it accordingly allowed the appeal and dismissed the suit with costs. 8. in the ..... the only conclusion is that there was full satisfaction of the claim of the appellants. 12. the legal position is clear enough. section 63 of the indian contract act reads : 'every promisee may dispense with or remit, wholly or in part, the performance of the promise made to him, or may extend the time for ..... claim, are not now entitled to sue the respondent for the balance. a reference may also be made in this connection to s. 41 of the contract act under which when a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor. there is some english ..... a third person is effectual only if authorised or ratified by the debtor. in india, however, the words of s. 41 of the contract act leave no room for doubt, and when the appellants have accepted performance of the promise from a third person, they cannot afterwards enforce it ..... ) 32 q.b.d. 610. in that case the plaintiffs made a claim against the defendants for a sum of money as damages for breach of contract; the defendants sent a cheque for a less amount stating that it was in full payment of all demands. the plaintiffs kept the cheque stating they did .....

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Mar 14 1962 (HC)

Saleha Begum and ors. Vs. A. Hajee Abdul Rahim Sahib and Co. and ors.

Court : Chennai

Decided on : Mar-14-1962

Reported in : AIR1963Mad97

..... sustained in view of the provisions of order 30, rule 4, c. p. c. it is in these terms:'4 (1) 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, whether before the institution ..... him ot his costs. some people think that in the ordinary sense of the word it is a shabby thing to rely upon a statute of limitation or the gaming act or a defence of infancy but it has been distinctly held that neither of these matters is good ground for depriving a defendant of his costs.'7. the result of ..... objections raised on behalf of the defendants was that the suit was not maintainable, as the plaint firm was not registered as required by the provisions of the indian partnership act. this question of the maintainability of the suit was tried as a preliminary issue by the learned city civil judge, as the issue raised the fundamental question of the maintainability .....

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Sep 13 1962 (HC)

Pasalapudi Brahmayya and anr. Vs. Teegala Gangaraju

Court : Andhra Pradesh

Decided on : Sep-13-1962

Reported in : AIR1963AP310

..... when considering the claim of the vendors for the amount of rupees 10,000/- stipulated in the agreement that the privy-council held as follows:'the effect of section 74 contract act of 1872, is to disentitle the plaintiffs to recover simpliciter the sum of rs. 10,000/- whether penalty or liquidated damages. the plaintiffs must prove the damages they have suffered.'ultimately ..... have been sustained by the plaintiff on account of the breach of tbe agreement by the defendants is no bar to the awarding of compensation under section 74 of the contract act. apparently, the decision of the privy council in air 1929 pc 179 was not, by then, reported and was not brought to the notice of sundaram, chetty j. who gave ..... valid andenforceable according to its tenor: __5. it is argued by sri rangachari, the reamed counsel for the petitioners that, on a proper construction of section 74 of the indian contract act read with section 73 the plaintiff is not entitled to any damages unless he proves that he suffered damaged or loss by reason of the default committed by the petitioners ..... petition has been referred to a bench of this court by narasimham, j., as it raises an important question as to the true interpretation of section 74 of the indian contract act and accordingly it has now come before us for decision.2. the petitioners entered into an agreement in writing with the respondent on 31-7-1954 for rendering him service .....

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