Court : Kolkata
Decided on : Feb-24-1949
Reported in : AIR1952Cal362
..... the fullest detail all the different steps which are required to be taken to implement the main portion of the order directing specific performance of the contract. the executing court is in such a case vested with authority to issue necessary directions.12. in our view, therefore, the directions given by ..... to put the purchaser in possession of the property. it cannot be suggested that when a party comes to court for the specific performance of a contract he is to be satisfied with simply the execution of the document on payment of the consideration money. the court when allowing the prayer for ..... details of the steps to be taken by the parties. the most important part of the decree is that portion where the court directs the contract to be specifically performed. the details which follow do not in any way limit the jurisdiction of the executing court to the particular steps which ..... conveyance is actually executed in his favour & the title is completed. it was also held that the right to recover possession springs out of the contract which is being specifically enforced & not on the narrower view expressed in some of the oases that it was only as a result of the execution ..... subordinate judge, burdwan dismissing an objection filed under section 47, civil p. c.2. the plff.-respondent had brought a suit for specific performance of a contract against the defts. the suit was decreed on 21-2-1948 in the following terms: claim for 'properties mentioned in the schedule below belonged to one .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-10-1949
Reported in : AIR1950Cal225
..... of the act, if such subletting has been for more than six consecutive months for the whole or a major portion of the premises without a contract in writing expressly permitting such subletting.20. accordingly i answer the issue 2 in the affirmative.21. issue 3 -- [after discussing the evidence his lordship ..... the act was indulgent to sub-letting on the ground of dearth of accommodation in calcutta and therefore the act required no writing in the contract to sub-let but the act did not favour prohibition on subletting on the same ground of dearth of accommodation and therefore requires the prohibition ..... to prevail then it would have meant that while the prohibition on sub-letting has always to be in writing the permission to sub-let by contract could be oral. i see no justification for making such a difference between prohibition and permission. mr. gupta has argued on the policy of ..... opinion indicates that the legislature intended that the contract must be expressed. the word 'expressly' qualifies also 'in writing'. in other words an authority in writing from which it might follow by implication a ..... read as ejusdem generis in this section. that is why the word 'other' is used in that part of the statute under consideration. if the words 'contract' and 'authority' were not to be read ejusdem generis then the word 'other' would be meaningless. besides the use of the word 'expressly' in my .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-16-1949
Reported in : AIR1950Cal333
..... specific performance ought to be granted but that it is not sufficient to satisfy the justice of the case and that some compensation for breach of the contract should also be made to the plaintiff it shall award him such compensation accordingly and the statutory illustration of para. 3 makes it abundantly clear. ..... (c), civil p. c. i am of the opinion that it is the same cause of action inasmuch as the law allows specific performance of a contract with or without compensation. in my view the claim for damages is based on (a) delay in completion of sale and (b) for failure to deliver ..... after on 30th june 1947.22. i find at these different stages that the plaintiffs were all along ready and willing to perform their part of the contract. if they insisted on vacant possession that was, i think, justified having regard to the view that i have taken of the construction of the ..... and not actual and physical. it is in this sense that the word 'nature' has to be construed. ordinarily therefore in the absence of any contract to the contrary if the agreement is to sell a house in which the seller has the sole and absolute interest the possession contemplated under section 55(1 ..... and for delivery of vacant possession was wrongful and unjustified. it is also denied that the plain-tiffs were ready and willing to perform the said contract. the written statement also admits that dunia lal das has been in wrongful possession of a portion of the said premises as trespasser. the defendants justify .....Tag this Judgment!
Court : Kolkata
Decided on : May-05-1949
Reported in : AIR1952Cal335
..... it is really a device, by which the-rules as to absolute contracts are reconciled with a special exception which justice demands.'this observation has been followed by lord maugham in the 'constantine case', (1942) ac 154 at p. 170 & by lord ..... have inserted had the matter occurred to them ort the basis of what is fair & reasonable having regard to the mutual interests concerned, & of the mam objects of the-contract. and then the learned lord added an observation which has been followed in later cases:'it is irrespective of the individuals concerned their temperaments & failings, their interest & circumstances. ..... by the non-availability of the transport facilities & the restrictions & embargoes put by the govt. & ultimately by requisition of the stock of the plff. the real object of the contract as contemplated by the parties was the purchase or employment of the goods for a ; articular purpose & therefore the doctrine of frustration can be imported & if necessary, the requisite ..... absolute obligation to pay for & take delivery of the goods, whether permits or railway facilities were or were not obtained.22. the absence of specific provision in the contract providing for the contingencies which have happened is immaterial. the true conception of the doctrine of frustration has been emphasised by lord wright in the following pregnant words:'this whole .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-30-1949
Reported in : AIR1950Cal23,54CWN58
..... proprietor in virtue of the contract of 10th october 1931, and their possession. in repelling this contention lord macmillan observed:'in their lordships' opinion the amendment of the law effected by the enactment of section 53a ..... quota rights to any person. they also sought an injunction. the contention of the plaintiffs was that notwithstanding that they had not chosen to sue for specific performance of the contract of 10th october 1931, and notwithstanding that they had taken no steps to complete their title, they were nevertheless entitled under section 63a actively to assert the rights of a ..... where there is an instrument of transfer, that the transfer has not been completed in manner prescribed by law. and in order to obviate any difficulty about proof of the contract or of the instrument of transfer for want of registration, supplementary legislation was enacted amending section 49, registration act.11. so far as the transferee is concerned, the section confers ..... mac millan in mian pir bux v. mahomed tahar as a partial importation into india of the english equitable doctrine of part performance, is in these terms:'where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-30-1949
Reported in : AIR1951Cal10,54CWN544
..... has undertaken to the other, such dispute shall be settled by a tribunal of their own constitution. moreover, there is this very material difference that, whereas in an ordinary contract the obligations of the parties to each other cannot in general be specifically enforced and breach of them results only, in damages, the arbitration clause can be specifically enforced by ..... conditions ejusdem generis with freight. thirdly, the peculiar wording of an arbitration clause may restrict its application to disputes under the charter-party and then its importation into another contract or document may be meaningless. the terms of a charter-party may be incorporated in the bill of lading by express reference and in each case the question is how ..... themselves that their meaning can be determined with a reasonable decree of certainty. it is plain that unless this can be done it would be impossible to hold that the contracting parties had the same intention; in other words, the consensus ad idem would be a matter of mere conjecture. this general rule, however, applies somewhat differently in different ..... dreyfus & co. v. arunachala ayya, their lordships of the privy council were clearly of opinion that an arbitration clause contained in an earlier agreement was imported into four subsequent contracts. the arbitration clause was as follows :'if any question or difference shall arise between the-parties hereto touching these presents or the constructions thereof or the rights, duties or obligations .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-02-1949
Reported in : AIR1952Cal306
..... chairman of the district council & filled up the low lying lands belonging to the council. he sued the council for payment as on a contract. the contract was invalid because it was in contravention of a rule made under section 79, burma rural self govt. act. it was held that although the ..... the provision of a statute section 65 cannot apply.55. i agree that if both the parties were aware at the time of the contract that the contract was in contravention of the terms of the statute the agreement would be discovered to be void at the time of the agreement & any ..... a suit against the municipal board of benares to recover a sum of money as the price of stone ballast supplied & for damages for breach of contract. the contract was not executed in the particular form which was prescribed by section 40 of act no. 15 of 1883 & section 47, local act no. ..... period in suit.69. in 'pallonjee eduljee and sons v. lonavla city ' municipality', il.r. (1937) bom 782, the municipality entered into a contract in writing with the plff. for constructing a new vegetable market while the building was under construction, the president of the municipality gave directions to construct other ..... therefore void. learned counsel for the appellant abandoned the claim on the personal covenant & as the security was invalid, asked for relief under section 65, contract act. held, that the, mortgagee was entitled to relief under section 65. their lordships observed as follows:'the principle underlying section 65 is that a .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-09-1949
Reported in : AIR1950Cal270,18ITR635(Cal)
..... to spend the amount in question and such expenditure must be incurred not only exclusively but necessarily for the performance of its duties. if there is no stipulation in the contract of service or employment to spend a particular amount, then the deduction is not permissible under the first proviso to section 7. for example, when an engineer is appointed to .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-12-1949
Reported in : AIR1950Cal116
..... a case are : (a) that there must be workmen employed in an industrial establishment, (b) that they shall go on strike in breach of the contract of employment and (c) that there must be the pendency of proceedings before a tribunal.28. in my opinion all these ingredients were present in this case ..... be made out for the prosecution. he has, however, urged that no offence is committed under section 23(b) unless the strike in breach of contract is connected with the dispute then pending before the tribunal. he has urged that if the strike concerns a matter or dispute different from the dispute ..... or award.'9. it will be seen from this section that no workman employed in any industrial establishment can go on strike in breach of his contract during the pendency of proceedings before a tribunal and two months after the conclusion of such proceedings.10. on behalf of the prosecution it was urged ..... the act.8. section 23 is in these terms: 'no workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a look-out--(a) during the pendency of conciliation proceedings before a board and seven days after ..... words are 'no workman who is employed in any industrial establishment shall go on strike in breach of contract.....' mr. gupta has contended that to make that intelligible the words 'of service' should be added to contract. if the words were added it would make the section perhaps a little more artistic, but i .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-03-1949
Reported in : AIR1950Cal159,54CWN677
..... the rent which accrued due before the partition, because article 8 (2) provides that'all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the province of bengal be rights or liabilities of the province of west bengal ..... on behalf of the province of east bengal instead of the province of bengal and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the province of bengal, be rights or liabilities of the province of west ..... bengal or the province of east bengal, as the case may be.'6. it is clear from this article that if the purposes for which the contract was made were after the appointed day the exclusive purposes of the new province of west bengal, then the province of west bengal would be liable though the ..... bengal before partition. that to my mind is clear from the terms of article 8, sub-clause (2). if after independence day the purposes of the contract can be regarded as exclusively the purposes of the new province of west bengal then west bengal is liable for what accrued due under this ..... contract before partition.12. it may be that the case was not presented properly before the lower court and the truth may be that areas now failing .....Tag this Judgment!