Court : Supreme Court of India
Decided on : Nov-10-1967
Reported in : AIR1968SC741; 2SCR293
..... lb. the respondent was not a pledge of the newsprint in sheets and had no right to sell the goods under s. 176 of the indian contract act, 1872. the real question is whether the respondent had the right to resell the goods under s. 54(2) of the sale of goods ..... time was fixed in the contract for acceptance of the goods. on march 29, 1952, the appellants refused to accept the goods. the respondent is entitled to the difference ..... property in any individual portion of the stock of 415 tons would remain vested in the appellants. 12. section 18 of the sale of goods act provides that where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. it is ..... no time is fixed under the contract of sale for acceptance of the goods, the measure of damages is prima facie the difference between the contract price and the market price on the date of the refusal by the buyer to accept the goods, see illustration (c) to s. 73 of the indian contract act. in the present case, no ..... act, 1930. 8. the seller can claim as damages the difference between the contract price and the amount realised on resale of the goods where he has the right of resale under s. 54(2) .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-23-1967
Reported in : AIR1968Kant56; AIR1968Mys56; (1967)2MysLJ168
..... contention of the learned counsel whether the appellant-second defendant is discharged. chapter viii of the indian contract act, 1872, deals with indemnity and guarantee 126 defines a contract of guarantee thus:'a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his ..... p. suryanarayanan : air1944mad195 , and the relevant observations relied upon are at page 201, where their lordships have stated that 'sections 140 and 141, contract act, prima facie have reference to the simple case of a surety for a single debt for which the creditor holds a security or securities'. we do ..... , proceed to consider whether the appellant is discharged.(20) ss. 133 to 135 and 139 and 141, appearing in chapter viii of the indian contract act, state when a surety can be said to be discharged, section 133 states that the surety is discharged when any variance is made without the ..... are not entitled to any notice of the sale, in support of that conclusion, it relied upon the provision of section 176 of the indian contract act which deals with the rights of the pawnee where the pawner makes default in payment of the debt. though the trial court notices that under ..... parties to it, and the rights and liabilities of the surety have been stated n various sections appearing in chapter viii of the indian contract act. therefore, in our view, the relevant provisions which are applicable to the facts of the case are those contained in chapter viii. the .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-24-1967
Reported in : AIR1968All270; (1969)IILLJ607All
..... of being heard by counsel, it isobvious that the bar council's act will notsave him from the disability.' thus a person has no common law right to appoint a counsel as his agent. 8. under the indian contract act, 1872 in person who is sui juris has a right to appoint an ..... agent for any purpose whatsoever, but the supreme court held that this rule is subject to certain well known exceptions as the act to be performed is personal in character, ..... a person legally authorised to take evidence because under section 4 of the u. p. disciplinary proceedings (summoning of witnesses and production of documents) act, 1953 the inquiring officers have been empowered to summon witnesses and compel production of documents i am not impressed by the submission made on behalf of ..... entire proceedings are without jurisdiction and void. the petitioners' case is that the respondents have misunderstood the provisions of section 30 of the advocates act and on a true reading thereof sri sharma had no cause of action and the learned munsif had no jurisdiction to entertain the suit or ..... anand, an assistant in the stores and stationery department of the divisional office, life insurance corporation of india at meerut, sri anand was charged with acts of fraud, criminal misappropriation and criminal breach of trust in respect of goods and articles of the life insurance corporation. he was afforded an opportunity .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-15-1967
Reported in : AIR1968SC772; 38CompCas543(SC); 2SCR252
..... option in sugar or gur entered into before the appointed day and remaining to be performed whether wholly or in part shall be void within the meaning of the indian contract act, 1872, and shall not be enforceable by law.' 12. by clause 3(a) all persons are prohibited, save with the permission of the central government in that behalf from entering into ..... at the due date by the company prohibited. the difficulty arising by the government orders in transporting the goods needed to meet the contract was not an impossibility contemplated by s. 56 of the contract act leading to frustration of the contracts. 28. finally, if was urged that by reason of the notification issued by the central government, the substratum of the company was ..... 'futures' in gur did not become void; that in fixing the rate of settlement by resolution dated february 15, 1950, and settling the transactions with the other contracting parties at that rate the directors acted prudently and in the interests of the company and of the shareholders, and in making payments to the parties on the basis of a settlement at that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-29-1967
Reported in : AIR1968SC599; 1SCR705; 21STC212(SC)
..... far as they are inconsistent with the express provisions of the later act. section 2 of the indian contract act provides that when one person signifies to another his willingness ..... 1) of the indian sale of goods act, 1930, a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. by s. 3 of this act, the provisions of the indian contract act, 1872 apply to contracts of sale of goods save in so ..... to do or to abstain from doing anything with a view to obtaining the assent of the other to such act ..... by coercion, undue influence, fraud, misrepresentation or mistake. his consent is free as defined in s. 14 of the indian contract act though he is obliged by law to enter into the agreement. the compulsion of law is not coercion as defined in s. 15 of the ..... upon the facts of each case and the terms of the particular statute regulating the dealings whether the parties have entered into a contract of sale of goods. under act no. 45 of 1961, a canegrower makes an offer to the occupier of the factory directly and the latter accepts the offer. .....Tag this Judgment!
Court : Delhi
Decided on : Mar-03-1967
Reported in : 4(1968)DLT93
..... damage caused by breach of contract. the relevant portion of section 73 and illustration '(c)' thereof are as follows : -'73.when the contract has been broken, the party who suffers by such breach is entitled to receive, from the ..... section 73 of the indian contract.(39) section 56 of the indian sale of goods act, 1930, provides for damages foe non-acceptance. it runs as follows :- 'where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for nonacceptance'.(40) section 73 of the indian contract act, 1872. provides for compensation for loss or ..... answer to this argument, mr. parkash narayan, learned counsel for the respondent pointed out that the appellants did nto base their case before the umpire on section 55 of the contract act, and that even toherwise the letter, x. c/3 dated 15th april, 1957, whereby the appellants sought for the last or final extension of time, was unqualified and unconditional and ..... hand, the contentions on behalf of the respondent-government were : -(i)that the case of the first appellant-company before the umpire was nto founded on section 55 of the contract act; and that it was clear from exhibit c/3 dated 15th april, 1957, that the final extension which was sought by the first appellant company was wholly unqualified and unconditional .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-20-1967
Reported in : (1968)9GLR104
..... 313. in xlviii bom. l.r. it was decided that the law with regard to waiver is to be found in section 63 of the indian contract act, 1872. no agreement between the parties is necessary for the purpose of attracting the application of the section. a promisee can only dispense with the performance of the ..... and tear. the clause deals with voluntary waste and imposes a liability similar to that imposed upon bailees by sections 151 and 154 of the indian contract act. an act which a person of ordinary prudence using, his own property would commit is not waste although it damages the property. thus where a warehouse wasd ..... and only use it for the purpose for which it was let, thus tying him down to the term of the contract. the sub-sequent prohibitory expressions and the enumeration of the acts which the tenant must not do, only provides the code for constructs of the demise in the absence of specific covenant ..... him, the main underlying object is to lay down an obligation on the tenants and the emphasis is on keeping the tenant tied down to his contract. the first part of clause (o) accordingly lays down that the tenant will make use of the property as a person of ordinary prudence would ..... and clause (o) thereof for the purpose of the discussion of this contention.108. rights and liabilities of lessor and lessee. in the absence of a contract or local usage to the contrary, the lessor and lessee of immovable property, as against one another, respectively, possess the rights and are subject to .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-03-1967
Reported in : 69ITR45(KAR); 69ITR45(Karn)
..... satisfies the prescribed authority - (a) that he is a muslim, and (b) that he is competent to contract within the meaning of section 11 of the indian contract act, 1872, and (c) that he is a resident of the territories to which this act, extends may by declaration in the prescribed form and filed before the prescribed authority declare that he desire to ..... of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq ila, zihar, lian, khula and mubarrat, maintenance, dower, guardianship, gifts, trusts and trust ..... in appeal. the statement is contained in paragraph 10 of their judgment at page 811 of the report. their lordships open the paragraph by stating : 'manifestly by this 'act, the rule of decision' in all questions relating to intestate succession and other specified matters including wakfs where the parties to the dispute are muslims is the muslim personal law ..... amended its extent clause in such a way as to apply the statute to whole of india except to jammu and kashmir. 23. the principal operative section of the said act is section 2, which reads : '2. notwithstanding any custom or usage to the contrary, in all question (save questions relating to agricultural land) regarding intestate succession, special property .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-19-1967
Reported in : AIR1968SC253; 1SCR43
..... a-1 and ex. a-2. the appellant contends that venkatacharyulu agreed to make the transfers in consideration of past cohabitation, having regard to section 2(d) of the indian contract act, 1872, her past service was a valuable consideration and venkatacharyulu was competent to alienate for value his undivided interest in the coparcenary properties. the respondents contend that the transfers were by ..... services only and not his properties. having once operated as the consideration for his earlier promise, her past services could not be treated under section 2(d) of the indian contract act as a subsisting consideration for his subsequent promise to transfer the properties to her. the past cohabitation was the motive and not the consideration for the transfers under ex. a ..... the court held that the assignment of mortgagee's right to a woman in consideration of past cohabitation was not hit by section 6(h) of the transfer of property act and was valid. properly speaking, the past cohabitation was the motive and not the consideration for the assignment. the assignment was without consideration by way of gift and as ..... . in the alternative, the respondents contend that assuming that the transfers were made in consideration of past cohabitation, they were hit by section 6(h) of the transfer of property act, 1882. 4. our findings are as follow :- venkatacharyulu and the appellant were parties to an illicit intercourse. the two agreed to cohabit pursuant to the agreement each rendered services .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-12-1967
Reported in : AIR1969AP88
..... depends upon a proper interpretation of section 15 read with section 2(c)(f)(i)(m) and (n) of the forward contracts act, it is necessary to extract those provisions. section 2(f): 'non-transferable specific delivery contract' means a specific delivery contract, the rights or liabilities under which or under any delivery order, railway receipt, bill of lading, ware-house receipt or any ..... there is no direct authority available. 2. the question that falls for determination is a simple one, whether the contract in question is hit by section 15 read with section 2(c) of the forward contracts (regulation) act, 74 of 1952 (herein called the forward contracts act). 3. the appellant and the respondents are merchants whose business consists of buying and selling ginned cotton. the ..... below were wrong in coming to the conclusion that the transaction is a valid contract not being hit by forward contracts act and we hold otherwise. 12. as no other point has been argued and the contract has not been sought to be saved by any other provision of the forward contracts act, we allow the appeal. the judgments and decrees of the courts below are ..... . the appellant raised several contentions, one of them being that the transaction is hit by the forward contracts act. in view of that plea, an issue was framed as to whether the suit contract was a forward contract, and so not valid and enforceable. since this is the only point which we are called upon to consider it is not necessary to refer to .....Tag this Judgment!