Court : Mumbai
Decided on : Aug-22-1950
Reported in : AIR1952Bom349; (1952)54BOMLR367
..... bye-law 65-a, you will then be bound by the provisions of the bye-law as between you and we. if this contract is a contract of purchase and if between us and other members of the east india cotton association limited, we become the last buyers, unless we ..... referred to intimations being sent by telegram, and especially to the last two clauses of the form in the following form; 'if this contract is a contract of sale, then if between us and other members of the east india cotton association we become, under the bye-laws, the first ..... have, in the absence of form prescribed. this court cannot proceed upon the ground that even though the petitioner failed to render a contract note, a contract note duly stamped and executed in the form provided must be deemed to exist and the rights of the parties must be governed thereby ..... the respondents have filed a detailed affidavit controverting the allegations and submissions. they denied the allegation of collusion with ramanlai, and asserted that the contracts were valid contracts in respect of which there existed arbitration agreements which were enforceable, and that the arbitration agreements were valid in law, and no question relating ..... entered, the letters of confirmation merely purport to give intimation that certain transactions in cotton have been effected, in pursuance of a pre-existing contract. again, the letters of confirmation which are collectively put in and marked ex. 5 do not substantially conform to the requirements of the official .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-12-1950
Reported in : 23CompCas124(Bom)
..... raise the question of laches and acquiescence, in other words, estoppel in connection with each of the parties, and therefore, the efficacy of each contract would depend upon different facts and different conduct of parties, vis-a-vis the company, and the conduct of the company qua each shareholder. besides ..... and any person acts in contravention of the provisions of this sub-section, is liable to a fine. therefore, the issuing of these forms makes the contract void, inasmuch as section 96 contemplates a counterpart of what follows, namely, allotment, and that, if the first part, namely, and the sequel to ..... been induced to apply for shares by fraudulent misrepresentations contained in the promoters' prospectus, is not entitled after the winding up to rescind his contract to take the shares, even if the assets in the hands of the liquidators are sufficient to pay in full the whole liabilities of the ..... observations which will shorten the discussion on the different issues. it is apparent that it is nowhere alleged in the plaint that this contract, which is a voidable contract, has bene avoided by the plaintiffs or any other members of the class of shareholders they represent by the due notice. as ..... not entitled to maintain this suit. as regards the allotment of shares, it is said the plaintiffs are estopped by laches and acquiescence from avoiding the contracts. 13. numerous issues were raised, namely, 16 issues, but the main issues are, issue no. 1 - whether the suit is bad for .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-10-1950
Reported in : AIR1950Bom401; (1950)52BOMLR614
..... the amount due on the mortgage. it was held that the consideration for the mortgage being unlawful by reason of the provisions of section 24, contract act, the contract failed ab initio, and the agreement contained in the mortgage deed to pay the mortgage debts was void and unenforceable. the principle of that case ..... of purchase money on the vendor's failing or refusing to relinquish such lands, or for the vendor being liable to a suit for breach of contract on his failing or refusing to relinquish such lands. all such devices, arrangements and agreements are in contravention of the policy of the act and are ..... is secured to the vendee and therefore until these are disturbed by the rightful owner it could not legally be said that there is a breach of contract within the meaning of article 116, limitation act......in both the cases where possession is delivered to the vendee, the sale, for all practical purposes, ..... the objection of third parties and possession is taken under the voidable sale; and (c) where though the title is known to be imperfect, the contract is in part carried out by giving possession of the properties. in the first class of cases, the starting point of limitation will be the date ..... not be recovered for failing to carry out that covenant.8. now the suit filed by the plaintiff is one for damages for breach of a contract in writing registered. the relevant words in the sale deed are:'you should enjoy the said property from generation to generation. i have no right, .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-20-1950
Reported in : AIR1952Bom37; (1951)53BOMLR754; ILR1952Bom269
..... that all public servants hold office during his majesty's pleasure on ft statutory basis as regards some offices, but allowed it to remain on a common law or implied contract basis as regards the rest. in their lordships' opinion, it was more reasonable to hold that the statutory declaration as to the nature of the tenure contained in sub-section ..... not necessary to cite authority to establish that no action in tort could lie against the grown and therefore any right of action for damages must either be baaed on contract or conferred by statute. they went on to say that the respondent had sought to establish a statutory right to recover arrears of pay by action in the civil court ..... salary must fail. the rules made under the bombay district police act, 1890, do not provide for any right to claim damages or arrears of pay. admittedly there was no contract in this ease on the basis of which the plaintiff could claim damages, and there is no statutory provision also in regard to the claim made in this respect. the .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-12-1950
Reported in : AIR1951Bom358; (1951)53BOMLR282; ILR1951Bom492
..... & the person affected would have a cause of action to have it declared that the resolution was invalidly passed & bis position under the contract was not affected by any such invalid resolution. the position, however, as it obtains here is that of a particular amendment to a resolution ..... acted as managing director for 11 years & was remunerated in accordance with the terms set out in the articles, the articles constitute an implied contract between the company & the shareholder so as to entitle him to the declaration that he was the managing director of the company.' here again ..... they are alterable from time to time without any assenton the part of govt. servants, which could not be done if they were part of a contract with those servants. . . no authority, legal or constitutional, has been produced to countenance the doctrine that persons taking service with a colonial govt. ..... non-compliance with the rules framed under section 96b relating tc conditions of service did not comprise any breach of a term of the contract of service but was merely non-compliance with the directions given by the crown to the administrative authorities for their general guidance & brought ..... dr. smith held office in the govt. medical service in western australia & relied upon certain rules & regulations of the service as an essential part of his contract of service. he was dismissed & brought an action for damage which failed. upon appeal to her majesty in council, lord hobhouse, in giving their lordships' .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-02-1950
Reported in : AIR1951Bom226; (1950)52BOMLR774; ILR1950Bom777
..... alienee or the auction-purchaser is whether he has provided consideration for the same. whether it is a transaction brought about as a result of a contract entered into between the alienor and the alienee or is the result of the party being an auction-purchaser at an auction sale held at the ..... in possession of an alienee by private contract and the purchaser at the auction-sale was not arguedbefore the learned judges of the appeal court in the eases which are reported in panduranganandrav's case ..... enunciation of the position in law as laying down the rights of a mortgagee or a purchaser, the purchaser being either a purchaser by reason of a contract withthe coparcener himself or by way of execution. mr. r. b. kotwal for the appellants tried to suggest that this point as to the property ..... delivered by the appeal bench consisting of west and nanabhai haridaa jj. the case before the appeal court was not that of an alienee by private contract from the alienating coparcener but was the case of a purchaser at an auction sale held at his instance in execution of a decree which hehad obtained ..... this behalf was negatived by the court the learned judges of the madras high court based their decision on the consideration that there was no privity of contract between the auction-purchaser and the judgment-debtor. they observed that under the old civil p. c. if the purchaser had reason to believe that .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-16-1950
Reported in : AIR1951Bom14; (1950)52BOMLR876; ILR1951Bom279
..... matrimonial court set up under that act can have no jurisdiction over him.3. it is unnecessary for us to express any opinion as to whether the marriage which was contracted by the parties is a valid marriage. it would depend upon whether the marriage was valid according to zoroastrian rites, both the parties being zoroastrians. but if the marriage was ..... iii  of 1936, as its preamble shows, was intended to regulate marriages and divorce among parsis. marriage itself under that act is defined as a marriage between parsis whether contracted before or after the commencement of the act. mr. lobo has drawn our attention to section 1(2) of the act which provides that the act extends to the whole ..... difficulty which presents itself to the plaintiff in limine, and that difficulty is as to whether the defendant is a parsi zoroastrian to whom the act would apply, who could contract the marriage under the parsi marriage and divorce act or who could be sued in a special court set up by that act with regard to obligations arising under the ..... jurisdiction or not was that of domicile and not of residence. the learned judge took the view that although the construction of the marriage contract depended upon lex loci contractus, the rights and obligations arising under the marriage contract were governed by the lex domioilli, and as the defendant was not domiciled in india, but was domiciled in persia, the suit filed .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-10-1950
Reported in : AIR1951Bom33; (1951)53BOMLR127; ILR1951Bom546
..... got the question before it; but it does not mean that the question may not arise in other proceedings. for example, the question may arise in actions for breaches of contract; and it must be held that nothing in the bombay industrial relations act takes away the power of an ordinary ct. to decide, or itself the question as to whether .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-20-1950
Reported in : AIR1951Bom57; (1951)53BOMLR192; ILR1951Bom576
..... different view of the law were taken by us now. the principle of stare decisis is especially important in the case of contracts relating to land.'and in balu sakharam v. lahoo : air1937bom279 :'there are a great many indian cases dealing with the effect of adoption by a widow of a hindu divided ..... that it is not. probably there are at this moment many contracts outstanding in which such a clause relating to deposit has been inserted on the assumption that the law in this presidency is settled & these would all be disturbed if a ..... . r. 1930 bom. 213:'these decisions have established the law relating to such deposits in contracts for the sale of immoveable property. it is important that there should be as little uncertainty as possible in contracts relating to the sale & purchase of land and parties who have contracted on the assumption that the law is settled should not be left to discover later .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-27-1950
Reported in : AIR1951Bom86; (1951)53BOMLR218; ILR1951Bom473
..... , section 15 deals with the delegation of powers by the central govt. to the govt. of bombay. section 16 is in the nature of an indemnity clause. section 17 is the rule-making section.3. now it is not disputed by mr. engineer on behalf of the pltf. that the legislature ..... sholapur mills. it brings about the termination of the office of the old directors & provides for the appointment of new ones, it terminates the managing agency contract of the managing agents, & it places restrictions upon the free exercise of the right of vote of the share-holders. what we have to decide is ..... deals with filling up of casual vacancies. section 10 provides that no managing agent shall be entitled to any compensation for the premature termination of his contract under this ordinance, section 11 deals with the cancellation of the appointment of directors appointed under the ordinance, & it states that if at any time ..... who were holding office im.mediately before the issue of the order appointing new directors shall be deemed to have vacated their offices; (2) any contract of management between the company & any managing agent thereof shall be deemed to have terminated; (3) it is a direction to the directors to ..... passed at the meeting of the company. therefore, undoubtedly, the directors whose office abruptly came to an end had a certain benefit under the contract between themselves & the company. the question is whether such a benefit would be 'property' within the meaning of article 31. now, it is not .....Tag this Judgment!