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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1966 Page 2 of about 701 results (0.396 seconds)

Mar 23 1966 (HC)

Shyam Lal Vs. State of Uttar Pradesh, Lucknow and ors.

Court : Allahabad

Decided on : Mar-23-1966

Reported in : AIR1968All139

..... court and it was paid under that order which was binding on the defendants. it was not a payment made under any mistaken belief. section 72 of the indian contract act, therefore, did not apply.22. it can, however, not be doubted that a result of the writ petition in this court and the appeal in the supreme ..... been wrongly paid to thelaintiff. it was pointed out on behalf of the tate that such a claim is based on section 72 of the indian contract act.19. section 72 of the indian contract act provides:'a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.'section 72 ..... of the contract act apparently does not apply. the amount has not been paid by mistake, but it has been paid under the order of the court which ultimately stands ..... act, they were payments of tax and even though the terms of section 72 of the indian contract act applied to the facts of the present case no monies paid by way of tax could be recovered. we do ..... they were not due and that mistake on being established entitled it to recover the same back from the state under section 72 of the indian contract act. it was, however, contended that the payments having been made in discharge of the liability under the u.p. sales tax .....

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Jul 08 1966 (HC)

Gauri Shanker Pandey and anr. Vs. Chandari Girja Prasad Singh

Court : Allahabad

Decided on : Jul-08-1966

Reported in : AIR1967All262

..... out of the possession of the tenant and he filed a suit for recovery of compensation against his landlord. the suit was decreed. the principle of section 66 of the contract act was applied to the case.we think that this case was not rightly decided for the obvious reason that this was not a case where the ..... rent. he is not entitled to any refund for the amount which he might have paid earlier for obtaining the tenancy.in the second place under section 65 of the contract act the party who obtains an advantage under the contract is bound to refund the same. whereas in the present case the defendant having obtained rs. 950 under the ..... .5. coming to the next basis upon which the claim is made, namely, section 65 of the contract act there are several objections. in the first place after the contract terminated in a transfer of property the transaction went out of the domain of the contract. all that remain ed to be seen was the rights between the landlord and the tenant. where a ..... . 950 and secondly his contention is that in any case on account of the legislation the contract between the parties became void and under section 65 of the indian contract act the landlord defendant was bound to refund the advantage which he obtained from the plaintiff under the contract and he contends that this sum of rs. 950 was the advantage which the defendant .....

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Feb 25 1966 (HC)

K. Appukuttan Panicker and anr. Vs. S.K.R.A.K.R. Athappa Chettiar and ...

Court : Kerala

Decided on : Feb-25-1966

Reported in : AIR1966Ker303

..... between this position and the plea that some of them are only sureties there is an essential antithesis.7. we may also add that under section 44 of the indian contract act, the release of one of the joint promisors will not absolve the others. we therefore come to the conclusion that notwithstanding ext. d-1 and in the absence of any ..... securities available to the appellants were impaired by the execution of ext. p-1, the appellants have been released from their obligations by virtue of section 139 of the indian contract act. itwas also urged that in any view of the matter ext. p-1 spelt a granting of time to the principaldebtor and therefore the appellants have been released on the ..... principle enbodied in section 135 of the indian contract act. reference was also made to section 133 of the contract act. the second contention was that by virtue of ext. p-1 there has been an alteration of the agreement contained in the promissory note ext ..... low bur 103). the relevant passage runs thus:'the judgment must be based on facts duly proved, evidence act, section 165. the parties had reduced their contract to a written document and under section 37, negotiable instruments act, were principal debtors in the absence of a contract to the contrary. according to thenote each promised to pay jointly or severally. it was on the .....

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Jan 17 1966 (HC)

Chajju Lal and anr. Vs. Dr. Ram Pal Singh

Court : Allahabad

Decided on : Jan-17-1966

Reported in : AIR1968All79

..... agreement between the parties as alleged in the plaint and the decision of the lower appellate court on the applicability of section 23 of the contract act and its decision about consideration being wrong the next question that arises is as to what should be the nature of the decree to be ..... lower appellate court having accepted the agreement has erred in holding that the agreement was without any consideration or was hit by section 23 of the contract act. two co-sharers can by mutual arrangement partition a property and in order to bring about amity between the parties and convenience can agree not ..... parties on this point and i am of opinion that the decision of the lower appellate court so far as applicability of section 23 of the contract act or consideration is concerned is erroneous in law and cannot be upheld.9. before proceeding to decide the point raised a further fact has to ..... had been proved and repelling the contention of the defendant that the agreement, if any, was unlwful and contrary to section 23 of the indian contract act decreed the suit as prayed,5. the defendant preferred an appeal before the lower appellate court and the lower appellate court framed two points for determination ..... part of the building. it was further asserted that in any view of the matter the agreement was void under section 23 of the indian contract act and that the plaintiffs' real object was to snatch away the defendant's share of the triangular land.4. the trial court framed relevant issues .....

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Sep 01 1966 (HC)

Firm Rupram Kailash Nath Vs. Co-operative Union and anr.

Court : Allahabad

Decided on : Sep-01-1966

Reported in : AIR1967All382

..... paid to him by the first defendant, then in such circumstances the first defendant would be liable for the fraudulent act of the agent, viz., the second defendant.7. the relevant provisions of the contract act are:'section 186. the authority of an agent may be expressed or implied. section 187. an authority is ..... high court in bissessardas kasturchand v. kabulchand asaram. air 1945 nag 121, observed:'even if the agent has acted in excess of his actual authority the liability of the firm remains, if the contracting party has been led into an honest belief in the existence of the authority to the extent apparent to ..... his employment, although the principal did not authorise, or justify, or participate in, or indeed know of such misconduct, or even if he forebade the acts, or disapproved of them.' 'but although the principal is thus liable for the torts and negligences of his agent yet we are to understand the doctrine ..... anything contrary to law. in the present case, admittedly defendant no. 1 accepted the goods. in the absence of any finding that the plaintiff had acted fraudulently or in collusion with the second defendant in supplying the goods on credit to the first defendant, it must be held that the goods were ..... him. even if fraud is committed by agent for his own benefit the firm is liable if the agent is acting within the scope of his implied .....

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Sep 20 1966 (HC)

Bishal Chand JaIn Vs. Chattur Sen and ors.

Court : Allahabad

Decided on : Sep-20-1966

Reported in : AIR1967All506; (1968)IILLJ708All

..... after making complete enquiry. the cashier incharge would be responsible and liable to indemnify the treasurer for any shortage or loss caused by any act of commission or neglect on the part of such employee, if the report of the cashier incharge regarding the financial status of such employee ..... . used to remain in the custody of cash staff, who were responsible to indemnify the plaintiff for any loss caused to him on account of acts of omission or commission, negligence, embezzlement and theft.13. according to the plaintiff's case, defendants 1, 5 and 8 entered into a conspiracy ..... treasurer of the hindustan commercial bank, agre branch besides other branches; shri chattar sen defendant no. 1 was in plaintiffs service at saharanpur, where he acted as cashier in the rationing department, and defendants shriom prakash, sri som prakash and sri debi hand (defendants nos. 2, 3 and 41 respectively ..... was required to make oath, express provision to that effect has been made. article 60 of the constitution requires that every president and every person acting as president or discharging the functions of the president shall, before entering upon his office, make and subscribe in the presence of the chief ..... of the court as the president may appoint for the purpose.'the marginal note of the article consists of the following words :--'appointment of acting chief justice.'5. the notification referred to above uses the language used in article 223 of the constitution of india and the appointment made .....

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Oct 03 1966 (HC)

Satya NaraIn Vs. Smt. Nanki Devi

Court : Allahabad

Decided on : Oct-03-1966

Reported in : AIR1968All224

..... was, but the language of the paragraph conveys an impression that the respondent admitted her signatures. this is obvious from the statement that 'the contract if any is proved is voidable at the instance of the defendant; having been induced by misrepresentation or undue influence.' this statement is virtually an ..... wordly affairs and is capable of protecting her own interests.7. as regards her relations with the appellant, it is established that he was acting as her pairokar in two suits. but as stated above a pairokar is not necessarily in a position of active confidence. it is note- ..... learned appellate judge that there was a relationship of active confidence between the appellant and the respondent as contemplated under section 111 of the evidence act is correct; and if not, whether this erroneous view vitiates his findings of fact. the respondent, to prove this alleged relationship of active confidence ..... district judge held that the appellant stood in a position of active confidence to the respondent and, therefore, under section 111 of the indian evidence act, the burden of proving the good faith of the transaction was on him. he then considered 'whether that burden had been discharged', and observed ..... and that he had repaired the houst before selling it she also produced certain documents with the object of showing that the appellant had acted as her pairokar in the fatehpur suit and in another proceeding at kanpur. she also produced two postcards written by the appellant's son .....

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Dec 16 1966 (HC)

Purshottam Das Banarsi Das Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Dec-16-1966

Reported in : AIR1967All549

..... of the railway as public carrier is that of a bailee.22. learned counsel for the respondent has invited our attention to section 180 of the indian contract act and has urged that asbailee, the railway it as much entitled to file the suit for recovery of the goods from defendant no. 4 as the ..... the railway authorities were negligent in effecting delivery on the basis of railway receipt presented by defendant no. 3, the question that arises is whether the act of defendant no. 4 in accepting to advance money on the pledge of the commodity was the proximate result of such negligence on the part of the ..... such third person to occasion the loss must sustain it.'their lordships accepted the principle relating to interpretation of section 27 of the sale of goods act, and proceeded to examine english cases in which its application had been considered. the case on which the learned counsel for the appellant has based his ..... no way independent of those of the consignor. the position of the plaintiff was that of a bailee-cum-agent of defendant no. 1 and plaintiff acted as agent of defendant no. 1 in giving delivery of the consignment, as such the plaintiff did not have any right to institute and maintain any ..... rented for that purpose. defendant no. 3 had nothing to do with the dealings between the aforesaid person and the defendant no. 4. he did not act in collusion with any cheat. the plaintiff got defendant no. 3 arrested. eventually he was released on bail. the police did not find any case against .....

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Aug 17 1966 (HC)

Calcutta National Bank Ltd. Vs. Rangaroon Tea Co. Ltd. and anr.

Court : Kolkata

Decided on : Aug-17-1966

Reported in : AIR1967Cal294

..... if it appears that the condition was imposed for merely administrative purposes, e.g., the convenient collection of revenue. it is also observed in mulla's contract act, 8th edition, at page 158 that, an act or undertaking is equally forbidden by law whether it violates a prohibitory enactment of the legislature or a principle of unwritten law. but in india, where the ..... merely prohibits transactions. it says that if you violate a particular provision you would be punished. now, section 23 of the contract act provides that every agreement of which the object or consideration is unlawful is void as observed in mulla's contract act, 8th edition, page 159, it is possible for a statute to attach a penalty to make a particular kind of ..... enactment or regulation made by lawful authority. broadly speaking, that which has been forbidden in the public interest cannot be made lawful by paying the penalty for it; but an act which is in itself harmless does not become unlawful merely because some collateral requirement imposed for reasons of administrative convenience has been omitted. there was a time when the english ..... by the violation of, or omission to adhere to, statutory directions; this determination involves a decision of whether or not the violation or omission is such as to render invalid acts or proceedings pursuant to the statute, or rights powers, privileges or immunities claimed thereunder; and if the violation or omission is invalidating, the statute is mandatory; if not, it is .....

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Aug 22 1966 (HC)

K.K. Khadilkar Vs. Indian Hume Pipe Co. Ltd. and anr.

Court : Mumbai

Decided on : Aug-22-1966

Reported in : AIR1967Bom521; (1967)69BOMLR273; [1968(16)FLR208]; (1967)ILLJ139Bom; 1967MhLJ579

..... 16) we may mention on this point that there is nothing in chapter x of the indian contract act to justify the submission that the right of audience cannot be delegated to an agent. under the contract act, an agency can be created for every lawful purpose and an agent having an authority to ..... do an act has authority to do every lawful thing which is necessary in order to do such an act. it is therefore open to a person ..... a legal practitioner. he, however, frequently represents the indian hume pipe company before the tribunals constituted under the act, in pursuance of what is clearly a long and uniform practice. he holds a contract with the company under which he receives a monthly payment of rs, 1,000/- in consideration of the ..... in duduwala and co. v. industrial tribunal, , a division bench of the high court of rajasthan has held that the industrial disputes act, being a special act providing for special contingencies, must be treated as a complete code when it provides for representation of employees and employees before industrial courts or ..... limited and its workmen has been referred by state government to the industrial tribunal under section 19(1)(d) of the industrial disputes act, 1947, hereinafter called 'the act'. one mr. k. s. mehta sought to represent the company in the proceedings before the tribunal but the workmen objected to his .....

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