Court : Supreme Court of India
Decided on : Feb-23-1965
Reported in : AIR1965SC1755; 1966(0)BLJR91; 3SCR145
..... subject to other provisions of the act. sub-section (2) of s. 72 provides that an agreement purporting to limit the responsibility under s. 72(1) can be ..... the railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by railway to be the same as that of a bailee under sections 152 and 161 of the indian contract act, 1872, ..... section defined of the railway administration. so the responsibility of the railway for loss etc. is the same as that of a bailee under the indian contract act. but this responsibility can be limited as provided in s. 72(2). for the purpose of limiting this responsibility risk notes form b and form ..... , their lordships are clearly of opinion that is for him to say so, and to call on the administration to fulfil their obligation under the contract, and that the administration should then have the opportunity to meet the demands of the consignor before their case is closed; any question as to ..... or control and that its failure to do so results immediately in breach of the contract with the result that the responsibility of the railway has to be judged solely on the basis of s. 72(1) of the act ignoring the risk note altogether.8. section 72(1) defines the responsibility of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-15-1965
Reported in : AIR1966SC170; 35CompCas596(SC); 3SCR777
..... ramnath. to support a plea of payment, it is not necessary to show that cash passed. illustration (a) to s. 50 of the indian contract act, 1872 shows that payment may be made made by means of transfer entries in books of account. the company has sufficiently established a payment of rs. 1 ..... directors had voted, were voidable by the official liquidator of the company. the voting by the interested director, of itself, does not invalidate the contract. the effect of s. 91b is that the vote of the interested director must be excluded, and if as a result of such exclusion there ..... has a conflicting interest or duty, directors are precluded from taking part in any resolution under which they take a benefit or which adopts a contract that concerns them unless the articles authorises their doing so. it must be here noted that if interested directors take part in any transaction ..... which his personal interest conflicts with his duty, and unless authorised by the company's articles, he must not vote as a director on any contract or arrangement in which he is directly or indirectly interested. standard articles give effect to this rule of equity. see plamer's company precedents, 17th ..... narayandas. narayandas was clearly interested in the allotment of the shares. section 91b(1) of the indian companies act, 1913 provided that 'no director shall, as a director, vote on any contract or arrangement in which he is either directly or indirectly concerned or interested nor shall his presence count for .....Tag this Judgment!
Court : Chennai
Decided on : Apr-01-1965
Reported in : AIR1967Mad220
..... been made out to warrant an inference against the usual presumption that time was not the essence of the contract in an agreement for sale of immovable property. after referring to the indian contract act 1872, their lordships of the judicial committee observe in jamshed khodaram v. burporji dhunjibhai, ilr 40 bom 289 at p. 297: (air 1915 pc 83 at p. 84):"their ..... lordships do not think that this section lays down any principle which differs from those which obtain under the law of england as regards contract to sell land. under ..... sankaralinga v. ratnaswami, , a similar contention is met thus:"it remains to consider whether the respondents could claim to be relieved from their obligation to perform the contract under section 22(2), specific relief act. it is argued that as the price of the properties had risen to rs. 20,000 according to the plaintiff and rs. 30,000 according to the ..... of time for deposit in appropriate cases where the decree itself has fixed time for the deposit has been affirmed. in the new specific relief act 47 of 1963, section 16 provides in case of contracts involving the payment of money that it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money .....Tag this Judgment!
Court : Chennai
Decided on : Feb-16-1965
Reported in : AIR1968Mad42
..... received for carriage by railway to the provision of the indian railways act, 1890, be that of a bailee under ss. 151, 152 and 161 of the indian contract act, 1872, omitting the word 'in absence of any special contract' in s. 152 of the last mentioned act. provided that, till the receipt mentioned in sub-section (3) of ..... has taken charge as a bailee under ss. 151, 152 and 161 of the indian contract act. s. 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 of ..... it is the duty of consignee to take delivery of it. the extent their respective obligations in any particular case is, in the absence of any special contract, regulated by the custom, if any, of the port of discharge. under the decision of the supreme court above refereed to, delivery which a consignee is ..... , in a case like the present, it only emphasises the liability of the port trust. now,"the ship-owner remains liable under his contract until he has made delivery to a person entitled thereto. a delivery to a wharfinger or to a dock authority is not, in itself, sufficient unless ..... is on the faith of those marks that an indorsee takes up the bill of lading under a contract of sale, the person signing the bill will be estopped by s. 3 of the bills of landing act, 1856, from proving that goods with those were not shipped under the bill."apart from any question .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-03-1965
Reported in : AIR1965SC1954; 35CompCas629(SC); 3SCR254
..... in good faith. the sellers sought to stop the cotton in transit. the judicial committee held that the railway receipts were instruments of title within the meaning of the indian contract act, 1872, s.103, and that the sellers were therefore not entitled to stop the goods except upon payment or tender to the pledgees of the advances made by them. this decision ..... . centarl bank of india ltd.(2). it is also apparent that subject to the exceptions mentioned in ss. 30 and 53 of the indian sale of goods act. 1930, and s 178 of the contract act, 1872. its possessor cannot give a better title to the goods than he has. the negotiation of the railway receipt may pass the property in the goods. but ..... by the consignee or by a person whom he names by endorsement thereon, is a document of title within the meaning of the indian contract act, 1872, (s. 178 for which a new section was substituted. by the amending act iv of 1930), and a pledge of a railway receipt operated under the repealed section as a pledge of the goods. but this decision ..... it originally stood. it was held by lord parker that the railway receipts are instruments of title within the meaning of the indian contract act. 1872, s. 103, and that the sellers were therefore not entitled to stop the good's in transit except upon payment or tender to the pledgees of the advances made by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-10-1965
Reported in : AIR1965SC1666; (1965)0PLR231
..... goods delivered to the administration to be carried by rail shall be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. sub-section (2) provides that the railway administration could, by entering into a special contact in a form approved by the governor general, ..... goods delivered to the administration to be carried by railway shall, subject to the other provisions of this act, be that of a bailee under sections 151. 152 and 161 of the indian contract act, 1872. (2) an agreement purporting to limit that responsibility shall, in so far as purports to effect such ..... the responsibility of the railway administration was the same as that of a bailee under sections 151, 152 and 161 of the indian contract act, no. ix of 1872; but that responsibility could be limited under sub-section (2) by an agreement complying with the conditions of that sub-section. 19 ..... dictionary, "misconduct" means "bad management" or "mismanagement". therefore, omission or negligence which may come within the meaning of section 151 of the contract act may not be misconduct unless the court is further able to say that negligence or omission is such as can be called bad management or mismanagement ..... the consignor for obtaining the benefit of specially reduced rates, the railway administration would still continue to be liable under section 151 of the contract act as a bailee for loss, destruction or damage to the consignment covered by such a note. sub-section (2) of section 72, however .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-25-1965
Reported in : AIR1966P& H40
..... tuli. furnishes a complete answer to the respondents' objection, may also be reproduced :--'rule 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 person dies, whether ..... debt which became due during the life of a deceased partner the representatatives of such deceased partner, having regard to section 45 of the contract act (ix of 1872), are necessary parties. order 30, rule 4 of the code of civil procedure, however, according to this decision, contains a modification to section ..... and the question of the scope and effect of rule 4 of order 30 could scarcely arise, the case being governed by section 45 of the contract act. it is true that even an obiter dicta may legitimately demand serious consideration from subsequent courts, but i am inclined to think, with the utmost ..... 45 of the contract act with the result that after the enactment of order 30, rule 4, in a suit brought by or against a ..... one enunciated in the earlier decision. this assumption, as discussed above, is scarcely justified, with the result that the principle of law actually enunciated and acted upon in the case of radha kishan v. sohan lal, air 1962 punj 493 would seem to be of little assistance to the respondents, order .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-23-1965
Reported in : AIR1966All467
..... an arbitration agreement? and 2. whether this agreement, in any way, restricts the jurisdiction of the courts of law? 6. section 28 of the contract act, 1872, details which agreements in restraint of legal proceedings are void. the main clause of section 28 provides that:'every agreement, by which any party thereto ..... references to arbitration and such enactments shall be valid and binding on the parties.8. two factors thus emerge out of section 28 of the contract act; firstly, that the parties cannot by themselves restrict their right to seek remedy before the ordinary tribunals unless they agree to refer their disputes to ..... , and in such a case no suit shall lie unless recourse to arbitration has been taken.7. exception 2 to section 28 of the contract act also lays down that nothing in section 28 shall 'affect any provision of any law in force for the time being as to references to ..... is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals,. .... .is void to that extent.'exceptions to this rule are contained in exceptions 1 and ..... aside the order of the munsif khalilabad at agra staying the hearing of the suit under section 34 of the arbitration act.2. the plaintiff, ram nath bansal, was given the contract of digging ridges after he and also the conservator or forest land management circle, u. p. had executed agreements. .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-12-1965
Reported in : 57ITR213(MP); 1965MPLJ156
..... not ipso facto become partners in the business so as to clothe them with all the rights and obligation of a partner as defined by the indian contract act, 1872, and that in such a case the family as a unit does not become a partner but only such of its members in fact enter into ..... a contractual relation with the stranger; the partnership will be governed by the contract act. the privy council laid down this proposition by quoting with approval the statement contained in paragraph 308 of maynes hindu law. this proposition clearly envisages that ..... not ipso facto become partners in the business so as to clothe them with all the rights and obligations of a partner as defined by the indian contract act. in such a case the family as a unit does not become a partner, but only such of its members as in fact enter into a ..... contractual relation with the stranger : the partnership will be governed by the act.'the reference in the above passage to the provisions of the contract act is to the provisions which have been repealed and are now to be found in the indian partnership ..... act, 1932. the privy council held that virappa pillais entering into partnership with the chetties would not ipso facto make the other members .....Tag this Judgment!
Court : Chennai
Decided on : Feb-16-1965
Reported in : (1967)2MLJ594
..... 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 ..... taken charge 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 ..... duty of the consignee to take delivery of it. the extent of their respective obligations in any particular case is, in the absence of any special contract, regulated by the custom, if any, of the port of discharge. under the decision of the supreme court above referred to, delivery which a ..... the faith of those marks that an indorsee takes up the bill of lading under a contract of sale, the person signing the bill will be estopped by section 3(of the bills of lading act, 1855) from proving that goods with those marks were not shipped under the bill.apart from .....Tag this Judgment!