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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1966 Page 3 of about 701 results (0.221 seconds)

Apr 18 1966 (HC)

Century Spinning and Manufacturing Co. Ltd. Vs. Motilal Dhariwal S/O D ...

Court : Madhya Pradesh

Decided on : Apr-18-1966

Reported in : AIR1966MP313

..... the agreement made between the parties on 26-9-1957. forbearance to sue is a good consideration according to the definition of that term in clause 2(d) of the contract act.23. shri sen vehemently contended that the arbitration clause in agreement is different from the other clauses which define and regulate the rights and liabilities of the parties. he based ..... contract agree to substitute a new contract for them or to rescind or to alter it the original contract need not be performed. section 63: every promisee may dispense with or remit whole or any ..... the present case there was merely an accord but no satisfaction with regard to the earlier contracts and consequently it should be held that those contracts were not abrogated.19. for considering this argument, it would be necessary to refer to the provisions of sections 62 and 63 of the contract act. these provisions are as follows:'section 62: if the parties to a ..... by the parties in support of their respective claims and the said order finally directed that if the court found that the original contracts have not been discharged, the suit shall be stayed under section 34 of the act, otherwise the suit shall be allowed to proceed. the order passed by the division bench is reported in mathura prasad v. permanand, 1960 .....

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Nov 23 1966 (HC)

Singhal Transport Vs. Jesaram Jamumal

Court : Rajasthan

Decided on : Nov-23-1966

Reported in : AIR1968Raj89

..... air 1937 nag 334 may be referred to. as was pointed out in raghavayya v. vasudevayya chetty, air 1944 mad 47 the relevant provision of the contract act which is directly applicable to such cases is contained in section 28. i may also refer to the full bench decision of the lahore high court in musaji ..... the parties that disputes between them would be tried at one place out of them so as to render the agreement void under section 23 of the contract act point no. 1.6. on behalf of the defendant a number of english decisions were cited from which it appears to be well established that if ..... is not hit by section 28. in dwarka rubber works v. chhotelal, air 1956 madh b 120 it was held that such a contract is hit by section 23 of the contract act. with all respect i am of the opinion that the case was not correctly decided.16. i accordingly hold that the presentsuit is ..... of the passage-ticket. garth c. j. delivering the judgment of the court observed--'although he may not understand french, he was a man of business contracting with a french company, whose tickets he knew very well were written in the french language. he had ample time and means to get the ticket explained ..... absence of fraud, immaterial that the defendant had not read the agreement and did not know its contents. now if in the course of making a contract one party delivers to another a paper containing writing and the party receiving the paper knows that the paper contains conditions which the party delivering it intends .....

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Oct 31 1966 (HC)

Princess Ushadevi Malhotra and ors. Vs. Bhagwandas Tiwari and anr.

Court : Madhya Pradesh

Decided on : Oct-31-1966

Reported in : AIR1967MP250

..... up and sued him.21. thus the two features on account of which the trial court has discharged the surety do not attract either section 135 or 139 of the contract act accordingly they do not have the effect of discharging the surety. the result is that the appeal is allowed and the decree made by the trial court is modified by ..... of fee instant case in fee light of reported case law.we have section 135 of the contract act setting out the circumstances in which a contract between fee creditor and fee principal debtor discharges the surety unless the last is privy to that contract. such a contract might provide for one of three things, namely, a composition with the principal debtor or a promise ..... composition coming under section 135 or the acceptance of additional security which by implication discharging the original surety, or amount to acts calculated to prejudice the interests of the surety in the manner set out in section 139 of the contract act.2. the following facts of the case are practically common ground and though there are one or two obscurities in matters ..... the principal debtor for the time being to allow him opportunity to raise money to discharge the debt, it is only an act of forbearance within the meaning of section 137 and not an instance of giving lime under a contract within the meaning of section 135 and does not discharge the surety' (underlining (here in ' ') mine).14. thus tbe mere fact .....

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Aug 11 1966 (HC)

Sudhakar Sahu Vs. Achutananda Patel and ors.

Court : Orissa

Decided on : Aug-11-1966

Reported in : AIR1967Ori89; 33(1967)CLT86

..... from the true owner the deed of sale containing an untrue statement as to the payment of the purchase money but being otherwise reasonable in its terms, and affirmed and acted upon by both vendor and purchaser, and neither champertous nor contrary to public policy. held, that it operated as a present transfer to the plaintiff, giving him a good title ..... this case. admittedly defdt. 7 was in possession till 1955. her possession up to 1955 would enure to the benefit of the plaintiffs. under section 2(8) of the limitation act, 1908, 'plaintiff' includes any person from or through whom a plaintiff derives his right to sue, plaintiffs, in this case, thus establish their possession within 12 years of the suit ..... file a suit for specific performance of the alleged agreement under section 27(b) of the specific relief act, 1877 and cannot take resort to the protection under section 53a of the transfer of property act. he is a rank trespasser and stranger to the contract between the plaintiffs and defendant no. 7 and cannot question the non-passing of consideration under exs .....

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Apr 22 1966 (HC)

Major B.A.S. Chopra Vs. the New Zealand Insurance Co. Ltd.

Court : Kolkata

Decided on : Apr-22-1966

Reported in : AIR1967Cal35

..... is under a duty not to make any misrepresentation concerning the subject-matter of the contract to the other. if consent to an agreement is caused by misrepresentation, the agreement becomes voidable, under section 19 of the contract act, at the option of the party whose consent was so caused. under the ordinary ..... law, there is no positive duly to tell the whole truth in relation to the subject matter of a contract. there is only the negative obligation to tell nothing ..... be complied with--if immaterial, that immateriality may be inquired into and shown; but that if there is a warranty it is part of the contract that the matter is such as it is represented to be. therefore the materiality or immateriality signifies nothing.''the more serious proposition arose on the ..... , by which the truth of the answers to the proposal form is made the basis of or condition precedent to the liability of insurers under the contract. the proposal form, in the instant case (ex. c) also contains similar warranties as appears from the declaration subscribed by the plaintiff on the ..... co. (2), (1893) 2 qb 274, (283) where he said; 'did the defendants by their acts or conduct lead the plaintiff reasonably to suppose that they did not intend to treat the contract for the future as at an end, on account of the failure to perform the condition precedent?' that passage .....

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Jun 22 1966 (HC)

Sree Ramakrishna Mining Company Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Decided on : Jun-22-1966

Reported in : [1967]64ITR197(KAR); [1967]64ITR197(Karn)

..... transfer by one or more persons who may wish to take a mining lease under such transfer. 39. the three principles which emerge from section 23 of the contract act are these : the first is that an agreement is void if it is statutorily prohibited. the second is that, when the intention of the parties to ..... by law or was of such a nature that, if permitted, it would defeat the provisions of the law within the meaning of section 23 of the contract act. 31. mr. visvanatha iyer for the assessee placed before us the submission that we should not spend any time on the question whether there was a proper ..... permitted, would defeat the provisions of the 37th rule does not, in our opinion, rest upon a sound interpretation of section 23 of the contract act. the words 'if permitted it would defeat the provisions of any law' occurring in the third paragraph to that section refer to performance without ..... those provisions in terms forbid. it was urged that while transgression of such statutory provisions would attract the 23rd section of the contract act and would make the agreement void, such would not be the case where a transfer is made under rule 37, which does not contain ..... the sense that neither rule 37 nor any other rule prohibits it, the argument cannot be sustained that the contract of partnership is forbidden by law and is, therefore, void under section 23 of the contract act. on the contrary, the 37th rule on which mr. rajasekhara murthy depends, enables the transfer of a lease and so .....

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Dec 23 1966 (HC)

Perfect Pottery Co. Ltd. Vs. Commissioner of Sales Tax

Court : Madhya Pradesh

Decided on : Dec-23-1966

Reported in : AIR1967MP234; [1967]19STC234(MP)

..... lax must in the result be levied in accordance with the substantive provisions of section 4 and the 'contract' referred to in the proviso can have reference only to the contract as defined in the indian contract act. we are not called upon to (five an answer on the merits of this argument. we have ..... the central provinces and berar sales tax act, 1947? (2) under the facts and circumstances of the case, are ..... referred the following two questions for our decision:'(1) is that word 'contract' occurring in the proviso in sub-section (1) of section 4 of the central provinces and berar sales tax act, 1947, to be interpreted according to the indian contract act or is it to be interpreted according to section 2(b) of ..... questions were not in execution of the contracts as defined in section 2(b) of the act. the contention of the assessee, however, it that the word 'contract' used in the proviso to section 4(1) must be given general meaning as understood under the indian contract act. this contention was repelled by the tribunal ..... observed:'. . . the expression 'sale of goods' in entry 48 has the same meaning which it has in the sale of goods act, 1930, that in a building contract there is no sale of materials as such, and that it is therefore ultra vires the powers of the provincial legislature to impose tax .....

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Aug 17 1966 (HC)

Daneyi Gurumurty Vs. Raghu Podhan and anr.

Court : Orissa

Decided on : Aug-17-1966

Reported in : AIR1967Ori68

..... by law and is void. it has now been authoritatively pronounced that sections 65 and 70 of the indian contract act have no application to a minor and no refund of consideration can be ordered under those sections. in (1903) 30 ind app. 114 (pc) mohri bibeee v. dharmodas ghose, their ..... the de facto guardian would be a rank trespasser. 5. the next question for consideration is whether the minor is liable to refund the consideration. section 2(g) of the contract act says that an agreement not enforceable by law is said to be void. ex. 1 executed by defendant-2 as the de facto guardian of defendant 1 is not enforceable ..... lordships held that the contract act makes it essential that all contracting parties should be competent to contract and expressly provides that a person who by reason of infancy is incompetent to contract cannot make a contract within the meaning of the act. adverting to section 65 of the contract act their lordships said that it has no application to a case ..... in which there never was and never could have been any contract. in air 1940 pat. 324 (fb) bankey behari pd. v. mahendra pd .....

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Oct 05 1966 (HC)

Mawaji Ramji and ors. Vs. Premji Kumbhabhai Chanda

Court : Orissa

Decided on : Oct-05-1966

Reported in : AIR1967Ori158

..... inapplicable to the case of heirs also who have jointly succeeded to the liability of their deceased ancestor.'on the application of section 43 of the contract act i am clearly of the opinion that in the absence of an express agreement to the contrary it is open to the plaintiff to compel performance ..... any one of such tenants may be sued for the entire rent due to the landlord this conclusion was reached both under section 43 of the contract act which applied to express as well as implied promises and under the general law based on privity of estate. the principle enunciated in the full bench ..... examine the case law at some length.'this decision did not therefore decide the point and cannot serve as an authority 8. section 43 of the contract act so far as relevant runs thus:'43 when two or more persons made a joint promise the promisee may, in the absence of express agreement to ..... 1957 andh pra 688. v sooravya v. kateeza begum this decision cannot be accepted as authority in support of the contention that section 43 of the contract act has no application to coheirs. their lordships said :--'it might be observed that there is some difference of opinion in the calcutta high court itself on ..... by time. this finding is not assailed by mr. mohanty.this does not however, affect the plaintiff's case under section 25(3) of the contract act, an agreement made without consideration but in writing and signed by the person to be charged therewith to pay wholly a debt of which the creditor might .....

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Mar 04 1966 (HC)

Phoolchand and ors. Vs. Laxminarain

Court : Rajasthan

Decided on : Mar-04-1966

Reported in : AIR1967Raj151

..... unable to accept this argument as sound. the liability to account by an agent is always there and account has to be rendered on demand, vide section 213 of the contract act. making good the loss or accounting for the profit did not, in my view, make any difference about the duty to render accounts. in the present case the first transaction ..... view, is bound to carry out the direction of his principal, vide section 211 of the contract act. section 211 provides that 'an agent is bound to conduct the business of his principal according to the direction given by the principal, or, in the absence of any such ..... respects a pucca adatiya may be taken to be a principal yet he is not entirely shorn of his character as an agent and thus, the statutory provisions of the contract act defining the rights and obligations of an agent vis-a-vis the principal will continue to apply to him with full force. as an agent the pucca adatiya, in my ..... position in which he would have been placed if they had carried out his instructions.from the language of section 211 of the contract act the learned counsel for the appellant tried to make out that when an agent acts contrary to instructions he is required to make good the loss but he is to account only if any profit accrues and as .....

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