Court : Kolkata
Decided on : Mar-26-1920
Reported in : 59Ind.Cas.126
..... . 449 : 23 w.r. 253 : 3 suth. p.c.j. 102, viz., that 'succeeding shebaits in fact form a continuing representation of the idol's property,' we hold that the contract entered into between the tahsildara and radha raman, the former shebait, did not terminate on his death, bat can be sued upon by the present shebait. the hypothecation bond, as ..... suit being necessarily vested in the shebait, he was entitled to the benefit of the provisions of section 7 of the limitation act. their lordships did not lay down that contracts in respect of the dedicated property entered into by the shebait of a thakur terminate on the death of such shebait. in the case of maharanee shibessource debia v. mothooranath ..... of his attaining majority, as he was a minor when the dispossession took place. it does not follow that all contracts with the shebait of a thakur cease to be operative on the death of the particular shebait, where the contract is not one with the shebait personally.7. having regard to the fact shat the position of a shebait is that .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-15-1920
Reported in : AIR1921Cal185,60Ind.Cas.337
..... the expenses for maintaining or defending such an action. the object and intention of the special scale is to enable the successful litigant to obtain indemnity for his expenses in very special or unusual circumstances, which would not be covered by the ordinary scale prescribed for fill actions (other than short ..... the payment, was to be distributed over twenty years at the rate of rs. 2,500 a year. if the defendants had not wrongfully rescinded, the contract before the time for performance, had arrived, the plaintiff would have received rs. 2,500 annually for twenty years. the, result of the renunciation by ..... the date of the breach; nevertheless, they are to be a compensation for the loss caused by depriving the plaintiff of the benefit of the contract as it was originally made. the doctrine of anticipatory breach is not a doctrine which fictitiously moves the performance ahead to the time on the ..... alleges that he was paid rs. 5,000 by way of preliminary expenses, but has received nothing under the other two heads. the contract with the corporation was to be in operation for twenty years, and twenty lakhs cubic feet of stone metal were to be supplied annually. consequently, ..... in connection therewith; (2) brokerage at two annas for every hundred cubic feet of stone metal delivered to the corporation during the subsistence of the contract, and (3) two-fifths share of the profits of the business which was to be placed under his management for the same period. the plaintiff .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-23-1920
Reported in : AIR1921Cal501,65Ind.Cas.27
..... act, if it transpires that under the hindu law the interest of a reversionary heir is alienable or may form the subject-matter of a valid contract for assignment. no authority, however, has been produced from the original texts, which may lend even a semblance of support to such a theory ..... apparent (the fee-simple being in the ancestor) was not an interest, or a possibility, nor was capable of being made the subject of assignment or contract.' it is not improbable, if speculation is permissible, that the indian legislature intended, by the provision in section 6, clause (a), to settle the ..... good title, the court would make that good title available to make the assignment effectual. but this principle plainly has no application where the contract of assignment refers to property which has been expressly rendered inalienable by the legislature. this view is supported by the decision in dooli chand v ..... voluntarily sold his reversionary right, on his succeeding to the property, if he did so, a court of equity might compel him to fulfil his contract. the full bench, however, did not commit itself to this proposition, which cannot now be maintained in view of the circumstance that the legislature ..... by the defendant on the 7th may 1908, and confirmed on the 28th november 1909. the defendant resisted the claim for specific performance of the contract on the ground, amongst others, that it was void, illegal and unenforceable as the subject matter was an expectancy. mr. justice greaves has given .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-24-1920
Reported in : 56Ind.Cas.541
..... n. 811. there, the question primarily under consideration related to the grant of interlocutory injunctions to restrain arbitration proceedings commenced on the basis of a contract which was either denied or impeached on equitable grounds. the earlier decisions reviewed in that judgment do not justify the inference that when an award has ..... get exactly that assortment of borders. in these circumstances, the plaintiff urges that the parties were not ad idem, and there was no valid contract between them in fact and in law. the plaintiff farther urges that the defendant was not ready to deliver goods according to sample and that ..... 5th june. the award was forthwith filed in court and the buyer instituted the present suit on the 16th june. as regards the alleged contract, the buyer and the sellers are disagreed upon a fundamental point. the case for the buyer is that the sale was with reference to ..... consequently be now investigated.5. the plaintiff buyer seeks to set aside the award of the arbitrators on the ground that there was no valid contract between the parties and also imputes fraud to the defendants, inasmuch as they have claimed damages for refusal to accept goods which they never offered ..... by the arbitration tribunal of the bengal chamber of commerce in their favour on the 5th june 1919 for damages for breach of the said contract was equally void and inoperative. the plaintiff also prayed for a perpetual injunction to restrain the defendants from enforcing the award. the suit was .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-10-1920
Reported in : AIR1921Cal356(1),60Ind.Cas.864
..... c.w.n. 744 (p.c.) it is, however, well-settled now by the decision of the judicial committee that in cases of specific performance of contracts to sell real estate, equity which governs the rights of the parties looks, not at the letter but at the substance at the agreement, in order to ..... khodaram irani 20 ind. cas. 469 : 33 b. 77 : 15 bom. l.r. 405 where he had held that time was of the essence of the contract in agreements for the sale of land had not yet been reversed by the judicial committee; jamshed khodaram irani v. burjorji dhunjibhai 32 ind. cas. 246 : 43 ..... the sale shall stand confirmed. in such cases, as the parties intended in the first conception of the agreement to make time the essence of the contract, the court would net be competent to extend the time, except by consent of all the parties concerned. on the other band, as we have seen ..... clause is cot confined to contracts between landlords and tenants incorporated in a compromise decree but extends to compromise decrees generally. the substance of the matter then is that the circumstance that ..... defendants punctually paid into court a prescribed amount as maintenance within a specified period. it was ruled that time was not of the essence of the contract, and that relief should be granted against forfeiture on the ground that the power of the court to grant relief against the enforcement of a penal .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-03-1920
Reported in : AIR1921Cal315,61Ind.Cas.14
..... 291 : 16 w.r. 1046, that 'in order that the notice may have any effect, it must be given under such circumstances, as that an actual contract arises on the part of the defendant to bear the exceptional loss.' the case before us clearly does not fall within this rule. there if, however, another ..... of obligation should be awarded compensation for the losses which he has sustained in consequence and (should be placed in the same position paauniarily as if the contract had been performed, is subject to important limitations, and compensation is not in fact recoverable for every 1908 or detriment which may be traceable as a ..... delivered at the time due, and the sum it is would have fetched at the time is the amount of the loss sustained by non-performance of the t defendants contract rice v. baxedale (1831) 7 h. & n. 93 : 33 l.j. ex. 371 : 153 e.r. 407 : 128 r.r. 318, sanquer ..... the contention of the defendants. it is well-settled that, as a general rule, where goods entrusted to a oarrier are not delivered according to the contract, the measure of damages is the value of the goods at the place of destination, in the condition in which the carrier undertook to deliver them, ..... the knowledge mast be brought home to the party sought to be charged under such circumstances that he must know that the person he contracts with reasonably believes that he accepts the contract with the special condition attached to it. to the same effect is the observation of blaokbum, j., in rome v. midland railway .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-28-1920
Reported in : 58Ind.Cas.867
..... to the conduct of the parties. in our opinion, in a case of this description the evidence of conduct is not relevant if the terms of the contract are ambiguous, the rights of the patties may be determined with reference to the conduct of the parties: hebbert v. purchas (1871) 3 p.c. ..... from time to time. consequently, this document does not show that the landlord bad precluded himself from the exercise of the right of enhancement, by a contract binding on him.7. reference has been made to a subsequent document, dated the 9th december 1852, which, in our opinion, is of no assistance ..... , the only point for consideration is, whether the zemindar is precluded from the exercise of the right to enhance the rent of the tenure by a contract binding on him.5. reliance has been placed by the tenants on the use of the expression 'patni taluk' in the contrast of tenancy, which, ..... rent-paying lands within his zamindary according to the pergunnah or current rate, unless either he is precluded from the exercise of that right by a contract binding on him, or the lands in question can be brought within one of the exemptions resognised by bengal regulation viii of 1793; and it also ..... period of temporary remission, the original rent would be revived. consequently, we are thrown back on the initial contract between the parties dated the 31st august 1823, and, on the interpretation of that contract, we have already held that it does not preclude the landlord from enhancing the rent.8. reference has also .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-01-1920
Reported in : AIR1921Cal45,66Ind.Cas.389
..... what lord watson called in adams v. g. n. scotland ry. co. (1890) 18 bettie 1 : 28 sc. l. e. 579. 'any one of the express conditions contained in the contract of submission, or any one of those important conditions which the law implies in every submission.' see also sharps v. bickserdys (1815) 3 dow. 102 : 3 e. r. 1003. the ..... to this contrast.'3. the case for the appellants is that, between the 1st and 30th september 1919, they delivered to the buyers 2,494 bales of jute of the contract mark assortment and quality, which were received by them. the buyers were apparently not satisfied with the quality of the jute and on the 11th september 1919 referred the matter ..... 1919 the appellants agreed to sell to the respondents 5,000 bales of jute of what has been tailed the, narainganj mark. the contract contained an arbitration clause in the following terms:any dispute arising out of this contract shall be referred to tin arbitration of the bengal chamber of commerce whose decision shall be accepted as final and binding on bath .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-07-1920
Reported in : 64Ind.Cas.785
..... principals themselves. under proviso 4, again, he was competent to prove the existence of any distinct subsequent oral agreement which modified the written contract, as the contract here was neither required by law to be in writing nor had been registered according to the law in force for the time being ..... negotiations for extension of time were already in progress, he contented himself with the letter of the 17th august 1907 written by the defendants, confirming the contract but making no mention of extension of time. in this connection, we cannot overlook the pencil note to the plaintiff from harris, dated the 15th ..... confirmation does lend some support to the theory that the parties intended that the contract made by the broker should become operative only upon confirmation. this is by no means inconsistent with the view that the agreement, when confirmed, ..... that the plaintiff has failed to establish it by satisfactory evidence. it is not enough for him to prove that the parties understood that the contract would become binding, only upon confirmation by the respective principals. let this condition be taken to have been made out, as the fact of ..... been pressed by the advocate-general to accept as proved both the allegations of the plaintiff as regards extension of time for performance of the contract. after full consideration of the arguments addressed to us, we feel no doubt that the evidence does not sustain either branch of the case .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-22-1920
Reported in : AIR1921Cal809,58Ind.Cas.396
..... sumn. 567:the true and appropriate office of a usage or custom is, to interpret the otherwise indeterminate intentions of parties, and to ascertain the nature and extent of their contracts, arising not from express stipulations, but from mere implications and presumptions, and across of a doubtful or equivocal character it may also be admitted to ascertain the true meaning of ..... reconciliation of two conflicting principles, namely, first, that evidence of usage is admissible on the presumption that the parties did not mean to express in writing the whole of the contract by which they intended to be bound but contrasted with reference to those usages, and, secondly, that the evidence received must not be of a term which is repugnant ..... special particulars of their agreement, but omit to specify these known usages, which are included, however, as of course, by mutual understanding. evidence, therefore, of such incidents is receivable. the contract, in truth, is partly express and in writing, partly implied or understood and unwritten but in these case s, a restriction is established on the soundest principle, that the evidence ..... are well aware of the said usage and have always acted in conformity thereto.3. the plaintiffs allege that, according to this usage, the due date for delivery under the contract was the 28th october 1918, when they tendered the goods to the defendants, who refused to accept delivery. the plaintiffs accordingly claim damages on the basis of the difference between .....Tag this Judgment!