Court : Supreme Court of India
Decided on : Dec-13-1966
..... concededly be well within time. i may point out that the view taken by the learned single judge that the liability created under section 63 of the contract act being initially a common law liability, its incorporation in the statute is immaterial, has not, speaking with all respect, appealed to us and indeed shri hardy ..... hardy to bring the present case within the fold of article 97 by reading the definition of consideration contained in section 2(d) of the indian contract act and submitting the payment of earnest money must be held to be money paid upon an existing consideration which afterwards failed because the property which was ..... learned single-judge, according to the appellant's counsel, was not quite right in being influenced by the consideration that independently of the indian contract act, there would have been under the common law of england some obligation in similar circumstances to restore to the vendee the advantage received by the vendor under ..... has also frankly expressed his inability to support this view.quite a good portion of our contract act has its roots in the common law of england but that can scarcely be a cogent ground for holding that a liability created under the ..... contract act would for that reason not be a statutory liability, though on the view we have taken of the character of earnest money in .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-01-1966
Reported in : AIR1967Cal25
..... ind app 239 (pc). the privy council makes it clear in that case that agreements by way of wager are void by section 30 of the indian contract act and expressly observed that no distinction was to be drawn between the words 'by way of wager' and the expression 'gaming and wagering' as used in ..... different. in the latter case the promissory note becomes an agreement by way of wager and therefore void within the meaning of section 30 of the contract act. in the former case it is not, because it is collateral. it is needless to point out in this connection that leicester and co.'s ..... the point by a refinement of his argument that a promissory note in this case was really a collateral transaction not hit by section 30 of the contract act. for this purpose he relied on the decision of ameer ali, j. in kshitendra nath ray v. madaneshwar chatterji, (1936) ilr 63 cal 1234 ..... executed for payment of that indebtedness. the plain question is, is this permissible in law speciallyhaving regard to the express provisions in section 30 of the contract act saying:'agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted ..... carry on wagering transactions. we, therefore, hold that in me present case the partnership is not unlawful within the meaning of section 23(a) of the contract act.'8. we are afraid this case on the facts cannot help the plaintiff before us. the case of : air1959sc781 in the supreme court was concerned with .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-13-1966
Reported in : AIR1967Cal461,(1969)ILLJ290Cal
..... of salaries and allowance to the plaintiff for about two and half years are sufficient acts of the defendant which would make us hold that the plaintiff's contract of employment was duly ratified under section 230(3) of contract act and, as such, following the principles in chatturbhuj vithaldas v. moreswar parashram, : ..... 1scr817 the plaintiffs contract or employment must be held to be enforceable.5. the next ..... . on 16th september, 1965 (cal). this bench after examining large number of decisions for and against such contention, came to the conclusion that the contract of service with the government officers cannot be struck down for non-compliance with the said provisions. even assuming mr. kar's contention to be correct ..... letter dated june 2, 1949, and the said two letters dated june 7, 1949 do not comprise a formal contract within the meaning of section 175(3) of government of india act, 1935 the defendant's letters dated 2-6-49. 7-6-49, 21-5-51, 7.6.51, ..... the suit inasmuch as there was no valid and binding contract between the plaintiff and the union of india. the plaintiffs contract of service cannot be enforced as it contravened the provisions of section 175(3) of the government of india act, 1935 and/or article 299 of the constitution of india .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-09-1966
Reported in : AIR1968Bom156; (1967)69BOMLR186; ILR1967Bom1211; 1967MhLJ400
..... board to confer on students the right to appear for the examination, if that right has been already surrendered to the heads of schools under the implied terms of the contract of education.(33) notice must be taken in this connection of another argument advanced by the learned advocate general. he argued that the heads of schools represented by the petitioners ..... portion appears under the heading 'common law right and duties' and the sub-heading 'the contract to educate' (halsbury, third edition, volume 13, page 590, paragraphs 1241 and 1242):-'1241. parents and school proprietors:- in schools which are not maintained by local education authorities the relations ..... affidavit in reply was filed by the respondents.(25) according to the petitioners, the right claimed by them arises from the implied terms which the common law attaches to the contract to educate. these implied terms are the basis of the internal autonomy of educational institutions. in halbury's laws of england, in the volume dealing with education, the following ..... the right granted by section 18(f) to the board. the right of the board to prescribe conditions of eligibility arises from the act, whereas the right of the head masters arises from the implied terms of the contract of education. the board prescribes conditions of eligibility of all students wishing to appear for the examination, whereas the head masters make a .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-01-1966
Reported in : AIR1968All201
..... of the share in the mortgaged property was not maintainable under order xxxiv, rule 1 of the code of civil procedure and also section 45 of the indian contract act as would appear from a full bench case of this court in rameshwar bux singh v. ganga bux singh, : air1950all598 . it was because of this ..... but what was found was that the property in question had not passed to the plaintiff and that the defendants had been guilty of a breach of contract in not supplying the property to the plaintiff. it was, therefore, a case based on the misunderstandings of the legal position, there being no dispute as ..... agreement that the suit was brought for damages for conversion and not for damages for breach of contract. the suit for damages for conversion would have been in order if the property in question in that case had passed to the plaintiff, but was ..... . v. jardine skinner and co. : 1scr438 a suit for damages for conversion was allowed to be converted into a suit for damages for breach of contract. the suit was based on an agreement (document ex. a) in that case and it was only on account of the misunderstanding of the terms of the ..... , the plaintiff-appellant claimed that it was a suit for enforcing the mortgage security under section 67 of the transfer of property act and not under section 68 of that act and he sought the permission for making the co-mortgagees also parties to the suit this application was made long after the expiry .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-14-1966
Reported in : AIR1966Cal540
..... the consignee at the time of the delivery of the goods to the railway. again the consignee would have the right to sue where the consignor acts as an agent of the consignee and the contract is actually entered into on behalf of the consignor. there may be cases where the consignor puts the goods on rail at the direction of the ..... india : air1959ap594 , governor general in council v. sukhdeo ram, air 1949 pat 329 in support of the proposition that the provisions of the railways act indicated that since different railway administrations were separate entities and the contract was only with the administration that received the goods that administration was the principal party liable to answer the claims or under the provisions of ..... section 80 of the railways act the injured party had the option to sue either the railway administration with whom the contract was made or the railway administration on whose railway the loss occurred or the destination station lay. in the nagpur case, air ..... occurred and that the remedy was alternative and not cumulative. with regard to sec. 80 of the railways act it was said in the patna decision that the railway has been made responsible by the statute because the consignor entered into direct contract with that railway for safe carriage and delivery of the goods and as far as loss on the railway .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-30-1966
Reported in : AIR1967Raj258
..... case was admittedly a minor at the time when ex. a1 came to be entered into in november, 1931, the contract embodied therein was altogether insufficient in law to convert the character of the possession of the defendants mortgagees which was to start with permissive, into hostile or ..... look at this entry, it fulfils, in my opinion, all the essential ingredients of the charge laid down in section 100 of the transfer of property act.the intention of the parties is clear that the security under the mortgage would also be available for the cash advances taken by the plaintiff from the defendants ..... find out the intention of the parties in a fair and square manner and see whether the requirements of section 100 of the transfer of property act are satisfied, which act as in the case of air 1930 pc 176 (supra) must be held to be operative in the present ease on principles of justice, ..... consent, and there being no consent, there could be no change in the character of possession, which can only be by consent, and not by unilateral act.' in this state of the law i do not think that there is or can be any escape from the conclusion that as the mortgagor in this ..... 1963 sc 70 (supra).it was held in this case that when a person gets into possession of a property as mortgagee, he cannot by any unilateral act or declaration of his, without consent, prescribe for a title by adverse possession against the mortgagor, because in law his possession is that of a mortgagor. .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-08-1966
Reported in : AIR1968Cal146
..... void. see heyman v darwin ltd., (1942 1 all er 337 (343, anderson v. daniel, (1924 1 kb 138 (140 under section 10 of the indian contract act, read with section 23, an agreement, if calculated to defeat any provision of law is void16. in our opinion, therefore, the claim for 50% of commission ..... after the expiry of six months from the commencement of this act, pay or contract to pay any remuneration or reward whether by way of commission or otherwise for soliciting or procuring insurance business in india to any person except an ..... to the peculiar nature of the claim, successive awards may be valid where certain goods were deliverable in installments and each instalment constituted a separate contract, it was held that successive awards were possible. bal mukund v. gopi ram, (1920 24 cal wn 775=(air 1920 cal 565. in gould v. ..... 12 it 509. the principle has been mentioned in nickels v. hancock, (1855 7 de g. m. and g 300 (314 that where parties had contracted to be bound by the decision of the arbitrator on the whole and not in part, of the matters referred, it may so happen that regard being had ..... of all, i shall deal with the question of insurance agency. the first provision of law to be considered is section 40(1) of the insurance act (act iv of 1938. it is in the following terms:'40. prohibition of payment by way of commission or otherwise for procuring business.(1) no person shall, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-25-1966
Reported in : AIR1968P& H385
..... nil learned counsel.5. the decisions cited by the learned counsel for the respondent are more exactly in point. the first case is sheogholam v. buddree nath, (1872) 4 nwp 36, in which the learned judges held that 'by the terms of the lease, t is not limited to a year; on the contrary, ..... respondent instituted a suit for ejectment of the appellant on the ground, among others, of having served notice under section 106 of the transfer of property act, 1882 (act 4 of 1882), terminating the tenancy. one of the defences of the appellant was that the tenancy is to continue till he continues to pay the ..... lease 'for any term exceeding one year' within the meaning and scope of clause (d) of sub-section (1) of section 17 of the indian registration act, 1908 (act 16 of 1908)?2. the appellant took on lease the demised premises at a rental of rs. 10 per men-sam, executing the rent-note, which, therefore ..... as the tenant occupied the shop the landlord was not to eject him except in case of refusal to pay rent. on those conditions the learned acting chief justice held that the lease was a totally fresh lease not being limited to one year, and was inadmissible in evidence for want of registration. ..... stipulated rent, such ft lease must be registered under section 17. and, not being registered, cannot be received in evidence under section 49 of the registration act of 1866.' the next case is martha pool v. secretary of state for india in council, 68 punj re 1886, in which after, reviewing the authorities .....Tag this Judgment!
Court : Delhi
Decided on : Dec-22-1966
Reported in : AIR1967Delhi88; 1967CriLJ1300
..... the goods but in the popular sense it signifies the transaction itself which results in the passing of the property. under section 4 of the indian contract act the communication of an acceptance is complete as against the proposer, when it is put in a course of transmission to him, so as to be ..... delhi.(8) thirdly the expression 'sale of goods' is a composite expression consisting of various ingredients of elements. there are the elements of a bargain or contract of sale, the payment of promise of payment of rice, the delivery of goods and the actual passing of title. each one of these ingredients is ..... where he was expected to utilise it for the specified purpose. there are various difficulties in upholding this view-(i) even under the sale of goods act the dispatch of goods may nto be decisive of the passing of property or of the sites of sale: and (ii) the offence in this ..... section 201, criminal procedure code, and suggested that if a magistrate finds that he is nto competent to take cognizance of the case he can, in that event, act only under that provision, which can be invoked before issuing process to the accused, but since the accused has been summoned in this case, order could ..... sale had contravened the said condition of the import license granted to him which is an offence punishable under section 5 of the imports and exports (control) act, 1947 read with clauses 5(iv)of the imports (control) order, 1955' (4) aggrieved by the order of the trial magistrate, the state preferred .....Tag this Judgment!