Court : Supreme Court of India
Decided on : Oct-16-1969
Reported in : AIR1970SC546; 1970(0)BLJR790; 1970MhLJ674(SC); (1969)3SCC120; 2SCR854
..... to the terms of the agreement. by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms, of the contract the obligations of the parties have to be performed in a certain sequence, one of the ..... parties to the contract cannot require compliance with the obligations by the other party without in the first ..... instance performing his own part of the contract which in the sequence of obligations ..... the property and he had in pursuance thereof paid an amount of rs. 22,011/-. the argument raised by counsel for nathulal that the act done in pursuance of the contract must be independent of the terms of the contract cannot be accepted. the first three conditions for the defence of part performance to be effectively set up by phoolchand exist. mr. shroff .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-29-1969
Reported in : AIR1970MP261
..... when the other party fails to perform the contract in its entirety. it reads: '39. when a party to a contract has refused to perform, or disabled himself from performing, his ..... claims to treat the contract as at an end, in which case he can sue at once for damages.' 43. these english common law principles are merely re-stated in section 39 and the other allied sections of the indian contract act, 1872. the right to rescission of a contract under section 39, arises ..... was for a consideration which was forbidden by law and opposed to public policy and, therefore, was not enforceable under section 23 of the contract act and had raised this issue in the court below, the learned counsel appearing on their behalf has abandoned that stand, and no provision either ..... the arrangement so arrived at was either forbidden by law or was against public policy and, therefore, void and unenforceable under section 23 of the contract act. the submission is that the plaintiff had no right to sue, being a mere benamidar. as already stated, we find that the author having ..... law and, was therefore, legally not enforceable, besides being opposed to public policy and was, therefore, void and unenforceable under section 23 of the contract act. even otherwise, they alone had the right to print and publish the book in question, but in breach of that agreement, the author had .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-30-1969
Reported in : AIR1970Bom307; (1970)72BOMLR150; ILR1970Bom1024; 1970MhLJ387
..... is essentially a suit for damages for breach of contract. this is made clear by section 77 (1) of the indian railways act, 1890, which says that the railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872, for the loss, destruction, damage, deterioration or ..... non-delivery of goods carried by a railway within a period of thirty days after the termination of transit. the question is whether such a suit for breach of contract is covered by either article (1) or ..... difficult to look upon a breach of contract as an act. secondly, supposing it is an act, it cannot be held to be an act of the central government, if the language used in article (1) is compared with the language in article ..... his official capacity.' in revati mohan das v. jatindra mohan ghosh , the privy council observed that breach of contract committed by a public officer in his official capacity may amount to an 'act' and may entitle the officer to a notice under section 80, although their lordships held in that case that ..... not appear to us that article (1) of the second schedule covers a suit of this type. a breach of contract committed by a railway administration cannot be regarded as an 'act done or purporting to be done by or by order of the central government.' in the first place, it is .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-07-1969
Reported in : 41CompCas377(Bom); 41ITR377(Bom)
..... these two forms of revocation should be rejected. a proxy holder is merely an agent of a shareholder to vote at a particular meeting. under section 203 of the indian contract act, 1872, except where an agent has an interest in the subject-matter of the agency, the principal may revoke the authority given to his agent at any time before the authority ..... the defendant's address helped to advertise his business with the consequent probability of increasing his custom. salter j. held that 'interest' in a contract within the meaning of section 12(1) of the municipal corporations act, 1882, must be something more than a sentimental interest, such as arises from the natural love and affection of a man for his son; it ..... exists, or in any other case at the first meeting of the directors after the acquisition of his interest or the making of the contract or arrangement ... (4) every officer of the company who knowingly and wilfully acts in contravention of the provisions of sub-section (3) shall be liable to a fine not exceeding five hundred rupees.' '91b. prohibition of voting ..... . it is a prohibitory section. what section 300 does is to prohibit a director of a company holding a particular character from doing certain acts, namely, from taking any part in the discussion of, or voting on, any contract or arrangement entered into, or to be entered into, by or one behalf of the company, if he is, in any way, whether .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1900)ILR22All307
..... a subsequent suit against co-contractors who were not parties to the former suit, should be applied in these provinces, notwithstanding section 43 of the indian contract act, 1872.2. the suit was a suit for sale on four mortgages executed in 1886,1888, 1889 and 1890, and was brought against seventeen persons who are admittedly members of a ..... to joint and several liability. in rahmubhoy hubibbhoy v. turner (1890) i.l.r. 14 bom. 408, scott, j., in the first court said that 'section 43 of the contract act ix of 1872 is not perhaps quite clear whether a complete adoption of the english rule is intended.' he, however, applied the decision in hemendro coomar mullick v. bajendrolall moonshee (1878) i ..... section 43 of the contract act, the doctrine of king v. hoare (1844) 13 m. & w. 494, should be applied to ..... to that principle and to the provisions of section 43 of the contract act, the principle is applicable to cases of joint liability in this country.3. the case of nuthoo lall chowdhry v. shoukee hall (1872) 10 b.l.r. 200 :s.c. 18 w.r. 458, was decided before the contract act came into force. since then it has been held that, notwithstanding .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1887)ILR9All366
..... the stamps and destroyed the letters; or that the letters may have been incorrectly addressed and returned to the company through the dead letter office. section 4 of the indian contract act, 1872, appears to us to support the contention of mr. hill, and to be against that of mr. strachey, for it is there enacted that 'the communication of an acceptance is ..... properly addressed; and in support of this latter contention he relied upon townsend's case l.r., 13 eq. 148, and referred to sections 3 and 4 of the indian contract act, 1872. we are of opinion that there is no evidence whatsoever that the letters, if posted, were properly addressed, and we decline to draw, and do not draw, the inference that ..... communication with him, and to the risks contingent on such use, is not recognized by the law of india. section 3 of the contract act shows that the communication of an acceptance is deemed to be made by any act by which the acceptor intends to communicate it or (not ' and ') which has the effect of communicating it. the despatch of a letter ..... shares, if ever made, was revoked by the lapse of a reasonable time, without communication of the acceptance,--section 6 of the contract act. his letter of the 28th april 1886, could not be a valid ratification of charu chandra's acts, because it shows that his knowledge of what had happened was materially defective--section 198. the respondent might, if he had .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-09-1969
Reported in : 1969WLN570
..... that of the firm within a specified period or within specified local limits; and not withstanding contained any thing in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions impose are reasonable.section 55. sale of goodwill after dissolution. (1) in settling j the ..... limits, and, not withstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable.13. thus according to the provisions of the contract act as well as the partnership act any partner may, upon the sale of a goodwill of a firm, ..... it may be observed that there is no statutory requirement that such an agreement must be limited by time. exception 1 to section 27 contract act itself provides that the restriction would remain in force so long as the buyer, or any person deriving title to the goodwill from him ..... of his retirement, provided it is reasonable in its limit.11. the law in india on the point is modified. section 27 of the contract act provides as follows:27 agreement in restraint of trade void - every agreement by which any one is restrained from exercising a lawful profession, trade ..... counsel has relied upon a large number of english and indian decisions and has also referred to the relevant provision of the indian contract act and the indian partnership act, 1932.6. 1 may deal with the first contention of mr. gupta namely, whether the agreement by which kalicharan was restrained .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-24-1969
Reported in : AIR1971Cal221
..... the general responsibility to a railway administration for loss, destruction or deterioration of goods is subject to other provisions of the act, governed by sa 152 and 161 of the indian contract act. 1872. mr. basu has also relied on the decision in duncan brothers & co. v. jeetmull, (1891) ilr 19 ..... liability of the administration is provided in section 72 of the indian railways act (act ix of 1890), the railway's responsibility being that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (act ix of 1872). mr. basu also relied on the decision in the case of governor- ..... cal 372 where it was held that when a contract for sale and purchase of goods is broken by the purchaser, in ..... general in council v. musaddilal, : 3scr647 , and it was held in that case that the railway administration in india is not an insurer of goods, but it is merely a bailee of goods entrusted to it for carriage. section 72 of the railways act ..... cause of action of the plaintiff against the railway--namely the liability of the railway administration under section 72 of the railways act arising out of the contract of carriage under railway receipt dated june 16, 1947. though different evidence may be necessary to establish non-delivery and .....Tag this Judgment!
Court : Chennai
Decided on : Mar-17-1969
Reported in : (1970)2MLJ414
..... , it is for the railway to prove that they have exercised the care required of a bailee as laid down in the indian contract-act, 1872. vide mankuram v. indian midland railway co. : air1924all254 . it is the duty of the railway to place all material evidence to find out whether it ..... to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. section 72 had a sub-section (2) which was deleted by the amending act lvi of 1949 to which we shall have occasion to refer in due ..... course. by that amending act new sections 74-a to 74-b were added replacing certain forms ..... acted in conformity with the relevant provisions of the contract act dealing with the duties of bailee, and in such a case, it is incumbent upon the plaintiff to make out that there was ..... ratan appearing for the defendants took up a new position to the effect that under the terms of the forwarding note, exhibit b-1, a special contract was agreed to between the plaintiff and the railways whereby the railways are absolved of liability. the written statement is silent on his aspect. such a contention .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-18-1969
Reported in : 1969WLN209
..... was no more necessary thereafter for the plaintiffs to have shown that they were ready and willing to perform their part of the contract. in support of his contention, he has referred us to section 39 of the indian contract act, 1872, and also placed reliance on najan ahmed v. salamahomed air 1923 bom. 113 and union of india, v. bungo steel furniture (pr ..... .) ltd. : air1963cal70 . on the other hand, mr. kasliwal, learned counsel for the defendant respondent has submitted that the plaintiffs have failed to allege and prove that they were ready and willing to perform their part of the contract ..... purchased stamps for execution of the sale deed. he has also argued that the defendant was justified in repudiating the contract by the notice dated the 9th september 1955. in support of his arguments, he has referred to section 51 of the contract act and has also relied upon mathra das v. secretary of state air 1920 lah. 979 and imamali v. rani ..... specific performance of the same, or, in the alternative, for damages. section 39 of the contract act itself lays down that when a party to contract has refused to perform or disabled himself from performing his promise in its entirely, the promises may put an end to the contract, unless he has signified by words or conduct his acquiescence in its continuance. it was .....Tag this Judgment!