Court : Supreme Court of India
Decided on : Oct-07-1966
Reported in : AIR1967SC540; 1967(0)BLJR285; 37CompCas62(SC); 1SCR792
..... of sultan mohd. the high court accepted this contention and rejected the argument on behalf of the appellant that the bank was justified under s. 72 of the indian contract act, no. 9 of 1872, to reverse the entries. the high court therefore allowed the appeal and disallowed the claim of the bank for rs. 28,029/15/- and decree the suit for ..... it was entitled to ask the bank to return the money paid by mistake and reliance in this connection is placed on s. 72 of the contract act. there is no doubt that s. 72 of the contract act provides that a person to whom money has been paid or anything delivered by mistake or under coercion must repay or return it. that section .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-07-1966
Reported in : AIR1968AP198
..... amount of 1/4 lease amount: and (f) the interpretation as mentioned above is reasonable and is in consonance with s. 74 of the indian contract act and the scheme of the rules.14. the learned government pleader appearing on behalf of the appellants in these writ appeals has challenged the correctness of ..... consistent with the right of the government to collect penalty mentioned under rule 29 and clause 7 of the forest agreement after the contract has been terminated. section 74 of the contract act does not stand in the way of the collection of the whole penalty also, as on the date of the writ petitions ..... breach; or if the contract contains any other stipulation by way of penalty; the party complaining ..... to recover the whole penalty after the termination of the contract in the circumstances of the two present cases.32. ground (f):-- section 74 of the indian contract act runs as follow:--'when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such ..... further agrees to pay to the government a sum of not exceeding one quarter of the total consideration payable by him under this contract for every omission by himself, or for every act by himself or by his servants, or agents which may be in contravention of this clause. for the purposes of this clause .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-20-1966
Reported in : AIR1967SC495; 63ITR238(SC); 1SCR416
..... out wholly and exclusively for the purpose of the business of the family and must be allowed as an expenditure under s. 10(2)(xv) of the act. 9. in this connection, we may take notice of a decision in the patna case, commissioner of income-tax, bihar and orissa v. jainarain jagannath, ..... family were minor sons of babu ram himself or of gobardhandas. babu ram and gobardhandas, being the only two members of the family competent to act on behalf of the family including the minors, entered into this agreement, obviously because it was considered in the interest of the family that babu ..... be held to be an expenditure incurred in the interest of the family, and consequently an expenditure deductible under s. 10(2)(xv) of the act. in the present case, babu ram received remuneration when he and his brother gobardhandas agreed that such remuneration should be payable. the other members of ..... the family for services rendered to the family business becomes his separate income and consequently a deductible expenditure under s. 10(2)(xv) of the act when computing the income of the family. in similar circumstances, if a karta offers his services to the family instead of choosing an independent career ..... test which has always to be applied when considering whether a particular expenditure claimed as a deduction under s. 10(2)(xv) of the income-tax act has been incurred wholly and exclusively for the purpose of the business. 5. this court in jitmal bhuramal v. commissioner of income-tax, bihar and orissa .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-22-1966
Reported in : AIR1966SC1734; 1966MhLJ982(SC); 3SCR623
..... misdirected itself in any manner in finding this fact. 19. in the end mr. aggarwala urges that immorality within s. 23 of the indian contract act is confined to sexual immorality, but we are not concerned with the question whether the consideration is immoral or not. the case of bribery is ..... services in the management of the mill because 'govindram continued to manage the mill without the plaintiff, putting him off by saying that the contract would be fulfilled after the end of litigation initiated by bilasrai and brijlal, and after the enquiry committee gave its final report govindram actually suggested ..... that if this principle is applied to this case the finding of bribery must be reversed as the facts are equally consistent with the plaintiff having acted honestly. meredith, j., had observed as follows : 'now it is well-settled that where fraud is to be inferred from the circumstances, and ..... standard of proof to the exclusion of all reasonable doubt required in a criminal case may not be applicable.' 13. in s. 3 of the indian evidence act, the words 'proved', 'disproved' and 'not proved' and defined as follows : 'proved. - a fact is said to be proved when, after considering ..... seksaria, brijlal ramjidas, bilasrai joharmal and four other persons entered into a deed of partnership on july 17, 1935 for carrying on the business of acting as managing agents and selling agents of indore malwa united mills ltd., a company owning a textile mill in indore. serious disputes arose between the .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-26-1966
Reported in : AIR1968Guj57; (1968)GLR376
..... 3 as partners of the first defendants and they also joined the fourth defendants on the allegation that in the matter of the contract the first defendants had acted as agents of the fourth defendants and that the fourth defendants were also liable to pay damages to the plaintiffs.(2) the defendants ..... therefore, clearly forms part of the description of the goods sold, and as such, by s. 15 of the sale of goods act, is a condition of the contract. but this stipulation actually much further than being a mere part of the description of the goods. it is a condition precedent which ..... particular period is a good deal more than a mere description of the goods within section 13 of the sale of goods act, 1893; it is an express term of the contract independent of that which is generally known as the description of the goods. it is, i think, a condition precedent ..... in his deposition, exhibit 138, do we find any statement which would even remotely suggest that the first defendants were acting as agents of the fourth defendants in entering into the contract with the plaintiffs. as a matter of fact, according to jadavi shivji, the proprietors of the first defendants were messrs ..... firm was not registered. on merits the defendants disputed the plaintiffs' allegation that defendants no. 1 had acted as agents of defendants no. 4 in respect of the contract and they alleged that the contract was between the plaintiffs and the first defendants as principal to principal and the fourth defendants had nothing to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-1966
Reported in : AIR1967SC181; SuppSCR1
..... these facts that the sale by the selling agents to customers was a transaction in which the manufacturers were not interested and there was no privity of contract between the manufacturers and the ultimate purchasers. reference may be made, in this connection to the following passage from blackwood wright, 'principal and agent', ..... within one month, and some other contracts within two months. all the contracts provided that time should be the essence of the contract. if the defendants were acting only as agents for the sale there is no reason why there should be a stipulation in the contract as to the time fixed for the ..... the statement of account with the expenses of the cable. even so, if the defendants were simply acting as agents for the sale there was no need at all to fix the price in the contract as between them and the plaintiff. it was contended for the plaintiff that according to the ..... . there is also a further condition in the contracts ..... delivery and the stipulation that time should be the essence of the contract .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-25-1966
Reported in : AIR1967SC333; SuppSCR38
..... therefore, recognised by the statute. but the question is whether an agent can sue the principal for accounts. there is no such provision in the indian contract act. in our opinion, the statute is not exhaustive and the right of the agent to sue the principal for accounts is an equitable right arising under special circumstances and is ..... in these appeals is whether the plaintiff is entitled to sue for accounts, he being the agent and the defendant-surat firm being the principal. section 213 of the indian contract act specifically provides that an agent is bound to render proper accounts to his principal on demand. the principal's right to sue an agent for rendition of account is, ..... from, its terms : proviso (1) ............................proviso (2) ............................ proviso (30) the existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved. ......................................'. 11. it was submitted by the solicitor-general that the high court has found that there is an agreement between the parties ..... the surat firm is that the plaintiff is precluded from setting up a parole agreement by reason of the provisions of s. 92 of the evidence act which states : '92. when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved .....Tag this Judgment!
Court : Chennai
Decided on : Jan-04-1966
Reported in : AIR1966Mad381; (1966)2MLJ16
..... plaintiff has also admitted that his client has recovered compensation claimed in the suit from the insurer. that being the position, section 41 of the indian contract act is attracted and this suit is not maintainable by the plaintiff. the provisions of s. 41 are a clear bar to a suit by a promise ..... assignment of the claim by the insured in favour of the insurer".the learned judge also considered s. 41 of the indian contract act in the context of the plaintiff's claim and observed:"the plaintiff's right to compensation for short delivery arises from the ..... the assignment to have all rights of suit transferred and vested in him as if the contract contained in the policy had been made with himself.(5) it is these provisions coupled with s. 41 of the contract act that are relied on for the railways to sustain the judgment of the learned subordinate judge. ..... insurance company, he cannot afterwards enforce it against the railways. further, s. 41 does not apply to obligations in the nature of an executory contract, but only when the contract has in fact (244): (air 1916 pc 68 (70)). nor does the fact that the insurance company has made good the loss, prohibit the ..... act relating to assignment of rights under a policy of marine insurance, so that where a policy of marine insurance has been assigned so as to pass the beneficial interest therein, the assignee of the policy is entitled to sue thereon in his own name and the defendant is entitled to make any defence arising out of the contract .....Tag this Judgment!
Court : Chennai
Decided on : Mar-10-1966
Reported in : AIR1967Mad318a; (1966)IILLJ686Mad
..... the basis of damages for loss of service.(15) learned counsel for the plaintiff submits that he could rest his claim for restitution under section 69 of the contract act. under sec. 69 of the contract act, a person who is interested in the payment of money which another is bound by law to pay, and who, therefore, pays it, is entitled to be ..... contract, indemnification cannot be obtained under the act and must be sought by recourse to the civil courts."these two cases clearly recognize the civil court ..... to be indemnified by b, and as regards the question whether b is entitled in turn to be indemnified by c, the act does not provide for such a contingency. the 'contractor' referred to in section 12(2) is the contractor who contracts directly with the principal as defined in section 12(1). if there is any further sub-letting of the ..... . in those circumstances, it was held in the aforesaid decision that section 12(2) of the act as it then stood contemplated only one principal and only one contractor, and if, therefore, there was any sub-letting of the contract, indemnity cannot be obtained under the act and must be sought by recourse to the civil court. the decision of a division bench .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-22-1966
Reported in : 37CompCas201(Kar); (1966)2MysLJ718
..... on the date the liability to pay the commission accrues it may be seen that under section 4(1) of the mysore hindu law women's rights act, 1933 (mysore act no.x of 1933), the succession to a hindu male dying intestate would take place in the following order : (i) the male issue to the ..... for so long as such commission would have been payable had such insurance agent been alive.' 6. this sub-section was substituted by the insurance (amendment) act, 1950 (central act xlvii of 1950). what is meant by the expression 'payable to the heirs ?' does it mean that the right to receive payments vests in the ..... limited to the question whether she is entitled to the commission accrued on or after that date. 5. sub-section (1) of section 44 of the act lays down the circumstances under which an insurance agent is entitled to renewal commission. it is not disputed that revannaiah would have been entitled to renewal commission ..... of section 44 of the act. that contention has been repelled by both the courts below. but the same is pressed before me for acceptance. 3. the term 'heir' found in section ..... the commission that would have been payable to revannaiah had here been alive. she has made this claim under sub-section (2) of section 44 of the act. the insurance corporation is resisting her claim. its case is that she is not a 'heir' within the meaning of that expression in sub-section 92) .....Tag this Judgment!