Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1966 Page 7 of about 701 results (0.121 seconds)

Mar 10 1966 (HC)

Trustees of the Port of Madras Vs. Bombay Co. (P) Ltd., Madras

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!

Jul 22 1966 (HC)

Life Insurance Corporation of India Vs. Thilothama

Court : Karnataka

Decided on : Jul-22-1966

Reported in : [1967]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!

Mar 02 1966 (SC)

State of Madras Vs. A.R. Srinivasan

Court : Supreme Court of India

Decided on : Mar-02-1966

Reported in : AIR1966SC1827

..... objection. it may be that in disciplinary proceedings taken against public servants, the technicalities of criminal law cannot be invoked, and the strict mode of proof prescribed by the evidence act may not be applied with equal rigour; but even in disciplinary proceedings the charge framed against the public servant must be held to be proved before any punishment can be ..... . disciplinary proceedings taken against the respondent, says mr. setalvad, are in the nature of quasi-judicial proceedings and when the appellant passed the impugned order against the respondent, it was acting in a quasi-judicial character. that being so, the appellant should have indicated some reasons as to why it accepted the findings of the tribunal; and since no reasons are ..... already proved before the tribunal. it is impossible to see how this finding, which is clear and categorical, can be ignored in considering the question as to whether the appellant acted against the respondent merely on suspicion. the whole order is elaborately drawn; it sets out the history of the proceedings; the findings of the tribunal, the advice of the madras ..... madras. on a further reference by the appellant, the said tribunal framed three additional charges against the respondent on the 31st december, 1954. all these charges were in respect of acts of corruption alleged to have been committed by the respondent.2. after the said two sets of charges were communicated to the respondent, the tribunal held an enquiry. at this .....

Tag this Judgment!

Aug 20 1966 (HC)

E.S. Velayudhan Vs. Commissioner of Income-tax and ors.

Court : Andhra Pradesh

Decided on : Aug-20-1966

Reported in : AIR1968AP50

..... he do, little or nothing of either income-tax law or the laws of three taxes, or accountancy or the allied laws of partnership act, contract act, transfer of property act, registration act, hindu law as modified and codified recently etc.' and he ended his explanation quoting the bible 'my lord! he knoweth not what ..... raiasthan, : [1958]1scr1015 .'it is well established that when one state is absorbed in another, whether by accession, consequent, merger or integration all contracts of service between the prior government and its servants automatically terminate and thereafter those who elect to serve in the new state, and are taken on by ..... the files relating to his service from 1-4-50 onwards, we have no doubt that the competent authority the first respondent has not acted in any capricious orarbitrary manner and that he was not motivated by any personal animosity or 111 will against the officer, that the reasons recorded ..... appellant then became an indian citizen the repudiation 'as an act of state' was not any longer possible. the only way therefore to defeat his rights was by legislation if that could be done under the ..... no. 29 of st. 2004 were still good and could have been enforced in the municipal courts until either repealed or repudiated as an act of state. these rights were carried over after the constitution when the indian republic was formed with this important difference viz., that as the .....

Tag this Judgment!

Dec 23 1966 (HC)

V. Ramiah Vs. the State Bank of India by Its Secretary and Treasurer

Court : Chennai

Decided on : Dec-23-1966

Reported in : (1967)2MLJ519

..... prior facts of the charges and the enquiry, and the ultimate conviction of the relevant authority that the charges had been established, the act of termination under the contract is not explicable. but, in our view, the motive which led to the exercise of a function, has to be carefully distinguished ..... considerable. he has a perfect right to contend that, if the bank proposes to exercise its power under the contract to terminate his employment, simpliciter, it should not couple this act with observations on the alleged misconduct of the appellant, which is itself the conclusion of an enquiry, allegedly vitiated by ..... the question whether miss scott was a 'workman' under section 2(s) of the industrial disputes act, 1947, the power under contract was relied on. upon the question whether the order of termination was really under the contract, or was merely a semblance for a punishment for misconduct, gajendragadkar, j., (as he then ..... power under a binding law; in brief, the doctrine of ultra vires. but where the statutory body acts in the same way as any private individual may do, by terminating the employment under contract, by borrowing money or lending money, or as a tenant or a landlord of premises, the ordinary ..... statutory body is in breach of a mandatory obligation imposed by the statute, when a statutory body terminates an employment under contract, that the act is liable to be canvassed in writ jurisdiction. in appears to us that this distinction can be most clearly brought out, .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Jul 13 1966 (HC)

Union of India (Uoi) Vs. Jyotirmoyee Sharma

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, : ..... [1954]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!

Dec 01 1966 (HC)

Lala Gur Prasad Vs. Smt. Laxmi Devi

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. : [1957]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!

May 16 1966 (HC)

Govinda Gouda Vs. Kalu Houda and anr.

Court : Orissa

Decided on : May-16-1966

Reported in : AIR1966Ori228

..... for the promise of the latter to discontinue the criminal proceeding. such a transaction would be opposed to public policy under section 23 of the contract act. the party on whom the onus rests must discharge it by proof of clear and satisfactory evidence. see air 1965 sc 166, ouseph poulo ..... 7-1958 is unenforceable under section 23 of the contract act as the arbitration agreement intended to stifle criminal prosecution; and (ii) the award was not made a rule of the court under section 14 of the arbitration act, 1940 (hereinafter referred to as the act), and, as such, it cannot he relied upon ..... consent of parties, their properties were divided equally by metes and bounds by the arbitrator as mentioned in the award, that the award was acted upon and in accordance with the division sulla and defendant were in separate and exclusive possession of ka and kha schedule lands respectively in their ..... ka schedule land. the parties thus remained in separate possession of the lands allotted to them. the award and the deed of gift were acted upon. (ii) there is no proof that any non-compoundable criminal litigation was pending between sulla and the defendant. there was thus no agreement ..... trial court recorded the following findings:(i) partition was effected between sulla and the defendant only by the award and not by any other independent act; and (ii) certain criminal offences were pending between sulla and defendant and those were sought to be compromised by arbitration agreement. the award given .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //