Court : Chennai
Decided on : Apr-14-1950
Reported in : AIR1951Mad431; (1950)2MLJ597
..... doctrine of part performance, even though no conveyance had been executed. section 53a, t. p. act, dealing with part performance postulates a valid contract between the parties for the transfer of immovable property.6. the doctrine of mutuality as developed by english decisions with its deceptive appear, ance of ..... the minor's estate on a guardian's contract without being obliged to depend on a subrogation to the guardian's right of indemnity or reimbursement, whether the contract was one for necessaries supplied to the minor or whether the liability under the contract was one to which the minor's estate ..... what the minor cannot do directly by entering into a contract and the creditor can make the minor's estate liable not on the contract of the guardian, but on the principle of subrogation to the guardian's right of reimbursement or indemnity. this was the view of wallis c. j., in ..... bama jogayya v. jagannathan, 42 mad. 185: a. i. r. 1919 mad. 641 , fazl ali j. (at p. 299), was also of the opinion that the guardian of a hindu minor could not make contracts on behalf ..... was liable under hindu law.11. the distinction between the liability of a minor's estate under a mortgage or charge created by a guardian and a liability arising out of a contract .....Tag this Judgment!
Court : Chennai
Decided on : Aug-16-1950
Reported in : AIR1951Mad48; (1950)2MLJ472
..... amended under section 19, madras agriculturists' relief act, and the amount recoverable by a plaintiff from the principal debtor is diminished in appeal, the surety's engagement, being one of indemnity, would diminish in like proportion; and if the sum recoverable from the principal debtor becomes zero, under the amended decree the surety's liability would also be reduced to nothing ..... , are the plaintiffs entitled to proceed against the surety they are not. to my mind, the question does not admit of any doubt. cunningham and shephard in their 'indian contract' quote the following passage from pothiar when dealing with section 134 : 'it results from the definition of a surety's engagement as being accessory to a principal obligation that the ..... to the principal debtor and which do not maintain the benefit under the madras agriculturists' relief. act given to the surety by adding to or amending the sections of the contract act or even the section of the madras agriculturists' relief act. according to him, this also shows that the madras agriculturists' relief. act never intended to extinguish the debt ..... onanson's observations:'at common law lapse of time does not affect contractual rights. such rights are of a permanent and indestructible character unless either from this nature of the contract or from its terms it be limited in point of duration. but though the rights possess this permanent character, the remedies arising from their violation are by various statutory provisions .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-07-1950
Reported in : AIR1950Cal548,54CWN716
..... ltd. applied to the court to add the appellant as a party and claimed the tight of indemnity against the appellant. it was not for the appellant to prove that the work which he contracted to do was not ordinarily the kind of work performed by the national sheet and metal works ..... not challenged that finding. indeed they accepted the position that they were liable throughout the proceedings and only claimed that they were entitled to an indemnity. it is quite impossible to interfere with the order for compensation made by the commissioner against the respondents, the national sheet and metal works limited ..... appellant, opposite party no. 2, was liable to indemnify opposite party no. 1, the respondent national sheet and metal works ltd. 7. the right of indemnity arises under sub-section (2) of section 12, if the case falls within sub-section (1) of section 12. that sub-section is in these terms ..... workman to prove that the work done by the appellant under the contract was work which ordinarily formed the whole or part of the national sheet and metal works ltd's business, that fact having been established, a right of indemnity would arise. but it appears to me that the court could ..... not possibly hold in this case that section 12 applied at all. 14. the commissioner in his judgment disposes of the point in a somewhat summary manner. he observes in his judgment as follows : 'opposite party no. 2 admits that he accepted a contract .....Tag this Judgment!
Court : Chennai
Decided on : Mar-24-1950
Reported in : AIR1951Mad239; (1950)2MLJ438
..... between other contri-butories only in the proportion of the benefits which each one of them has received at the time of the original contract. section 43, contract act did not envisage such a contingency, it seems to be a causus omissus. it only speaks of the liability of all the ..... of a common burthen, and has no existence whatever, inchoate or complete, till the payment ia made. it is not, therefore, affected by what affectes the contract. that rule was necessarily the consequence of dering v. winchelsea, (1787) 1 cox. 318 : 2 bos. and p. 270 because in that case the ..... one of the joint contributors has not paid and the others have to pay that sum though those others received the benefits in the original contract in unequal proportions. there is not direct authority so far as our attention has been invited to in the indian courts except certain observations contained ..... was between the contributories themselves in proportion of the benefit enjoyed by each one of them. he relies upon the third paragraph of section 43, contract act, which lays down that it any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear ..... then it follows that the implied obligation of the principal debtor under the contract of guarantee to keep the guarantor indemnified from any loss or damage would displace or be available to be set off against the other implication of indemnity.' this is direct authority for holding that since defendant 5 was only .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-21-1950
Reported in : AIR1951SC144; (1951)53BOMLR472; (1951)IMLJ314(SC); 1SCR979; SuppSCR979
..... agreement they had failed to insure the goods. they contended that owing to this negligence and misconduct the plaintiffs were not entitled to the indemnity claimed. in the alternative they contended that the plaintiffs were liable to make good the loss caused to the defendants by their failure to insure ..... not be fair or reasonable to had the defendant responsible for losses which he could not be taken to contemplate as likely to result from his breach of contract. viscount haldane l.c. in the british westinghouse electric & . v. the underground electric railways co. of london  a.c. 678, 689 ..... insured. the second contention is that the counter-claim of the respondents is barred under section 18(2) of the ordinance. in the indian contract act, sections 211 and 212 provide for the consequences of an agent acting otherwise than according to his duty towards the principal. under section 211 ..... that the intervention of government in passing this ordinance could not increase or add to the liability of the appellants for the breach of contract or breach of duty and therefore they were not liable to pay the compensation which would have been receivable by the respondents if the ..... the workmen's compensation act, 1923 (viii of 1923), or under any policy of life insurance or against personal accident or under any other contract or scheme providing for the payment of compensation for death or personal injury, or for damage to property under any policy of marine or miscellaneous insurance .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-05-1950
Reported in : AIR1951Raj58
..... learned counsel for the applicant also. he has, however, argued that the learned civil judge did not at all apply his mind to the provisions of sections 192 and 193, contract act, and consequently acted illegally in the exercise of his jurisdiction. from a careful reading of the judgment, i find that the learned civil judge has not at all considered ..... privity of contrast between the parties. the applicant was only a sub agent of laxami narain who was in the position of an agent of the plaintiff. under section 192, contract act, where a sub-agent is properly appointed, he is responsible for his acts to the agent, but not to the principal, except in case of fraud or wilful wrong ..... with interest at the rate of re 1% per mensem. the total amount claimed was rs. 193-7-6.2. the main defence was that there was no privity of contract between the plaintiff and the defendant. the learned munsif karauli held this point in favour of the defendant and dismissed the suit. on appeal, the learned civil judge held that .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-21-1950
Reported in : AIR1951All167
malik, c.j.1. i have had the benefit of reading the exhaustive judgment of my brother mushtaq ahmad.2. the facts are fully set out in the judgment of my learned brother, and it is, therefore, not necessary for me to deal with them in detail. the plaintiffs' suit was for redemption of a possessory mortgage dated 1-9-1881, executed, by kanhai, mahabir and mahadeo in favour of hathi prasad. the mortgagors are all dead and their heirs and legal representatives, bishwanath prasad, ajodhya prasad and lachmi prasad, sold the property on 19-7-1941, to ram prasad and others, plaintiffs the suit was filed, by the legal representatives of the mortgagors as well as by the transferees for redemption of the mortgage. the mortgage deed provided that the amount borrowed would be paid to the mortgagee within a period of six months and, if the amount was not so paid, the mortgage deed would be deemed to be a sale deed and the mortgagee would become the owner of the property. the amount was not paid to the mortgagee and the mortgagee remained in possession but he never filed any suit for foreclosure.3. the mortgagee, hathi prasad, died, and his widow, sm. sumrekha, purported to transfer the property to her son-in-law baleshwar prasad under a mortgage deed dated 19-9-1917. in the mortgage deed she described herself as--the full owner of the property and no reference was made to the mortgage deed of 1-9-1881. on-31-1-1924, bhairon prasad, the grandson of kanhai, one of the mortgagors, filed an .....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 : Chennai
Decided on : Dec-12-1950
Reported in : AIR1951Mad910a; 21CompCas224(Mad); (1951)2MLJ9
..... to be transferred. the rule will have no application where the draft was obtained by the party concerned either for gain in the shape of exchange commission or under a contract for giving accommodation to the prior or any other party or otherwise for commercial purposes generally.' at first sight, this ruling of achhru ram j.may appear to be a .....Tag this Judgment!
Court : Chennai
Decided on : Dec-08-1950
Reported in : AIR1952Mad481; 21CompCas138(Mad)
..... carry interest did not alter its character. 11. section 282-b (1), companies act makes the position as regards such moneys or securities deposited by employees in pursuance of their contracts of service clear & it is provided that such moneys should be kept or deposited by the company in a special account in a scheduled bank & that no portion thereof shall ..... be utilised by the company except for the purposes agreed to in the contract of service & any director or other officer of the company contravening the provisions of that section is liable on conviction to a fine not exceeding rs. 500. since the bank ..... point raised in this application. the question that arose for consideration there was about the nature of a deposit made by a selling agent of the company's goods. the contract of agency provided for a security deposit of rs. 10500 carrying interest at the rate of 3 per cent, per annum. there was a provision in the agreement that the ..... the directors, is, in common with his co-directors, liable. it was his duty to see that the investments were made in accordance with the resolution & clauses of the partnership contract, & his not attending to it was a breach of trust to the company for which he was acting as a director; and a breach of trust in respect of which .....Tag this Judgment!