Court : Privy Council
Decided on : Oct-15-1934
..... of allowing delivery without production of the receipt analogus to that often followed in the case of bills of lading, whereby delivery is made on an indemnity if bills of lading are not forthcoming. as in general the insolvents wanted loans against the consignments their practice was to bring or send to the ..... facts. before this board the point was argued as an alternative, and in view of the conclusions stated above as to the application of s. 178, contract act, it may be regarded as not calling for decision. but this point by itself would be enough to decide the case against the appellant even if ..... relate. the latter provision is the same in substance as that which is now reproduced in s. 3 of the english act of 1899. but s.178, contract act, 1872, has omitted the word "agent," and has without express qualification made the section apply to "a person who is in possession of any goods ..... , assimilated their warrants to delivery orders to bills of lading for this purpose. it has been strenuously contended on behalf of the appellant that s. 173, contract act of 1872, must be construed as embodying the same principles as those of english law, that is, as being limited to mercantile agents, or at ..... of opinion that it is. in 1916 p. c. 7 (1)this board held that a railway receipt was an instrument of title within s. 103, contract act: the board said in that case that no distinction could be drawn between the term 'document of title' and the term 'instrument of title;' and accordingly .....Tag this Judgment!
Court : Privy Council
Decided on : Jan-24-1934
..... instance, as between urban and rural municipalities, but simply to such difference or similarity in the energy supplied-that is, the "service"-as is illustrated by the words of the contract itself. thus in cl.11 reference is made to " lighting and power service," which may be compared with the words ' electrical energy for lighting, heating, power, industrial and ..... than b, that constituted a legitimate reason for making a lower charge to a, for the same supply. these authorities however were concerned with different words from those in the contract between these parties ; the words were supply under similar circumstances for a corresponding supply." but furthermore these authorities also recognize that a dissimilarity exists in the case of the ..... , in their lordships' opinion, be illegitimate as involving something specific and not necessarily involved. but the limitation to the province flows from the nature and purpose of the contract and must apply without express words and in the absence of clear manifestation of intention to the contrary. it is objected that so wide a scope of comparision is unreasonable ..... and supplying electric energy for light and power in british columbia in the vicinity of vancouver city. in the territory served by it is the respondent municipality. by the contract in question the respondent granted to the appellant the right and privileges to sell electrical energy for lighting, heating, power and industrial and other purposes incidental thereto within the .....Tag this Judgment!
Court : Chennai
Decided on : Nov-19-1934
Reported in : AIR1935Mad206; 160Ind.Cas.1069
..... and independent of, the bill but is contemporaneous with it, the lender, when the note turns out to be invalid, can fall back upon the original contract, express or implied, arising from the loan. in the result, the lower court's decision is set aside and it is directed to 'return findings, after ..... c.j., distinguished that raling (and in fact dissented from it, though it is not so stated) and the lender was allowed to sue on the implied contract arising from the loan. in krishnaji narayan v. rajmal manikchand (1900) 24 bom. 360, already cited jenkins, c.j., after observing that the lower court ..... in the evening and executed an unstamped promissory note, representing that no stamp was available. on those facts it was held that there was a completed contract independent of the note, which must be deemed to have been executed on account of the loan made previously. the facts of this case are ..... note was not stamped and the plaintiff was not allowed to fall back upon the contract evidenced by the loan. a similar view was taken in muthu sastrigal v. viswanatha pandara sannadhi 1914 mad. 657. there the loan was treated as ..... radically opposite views which have found expression in two sets of decisions. in pothi reddi v. velayudasivan (1887) 10 mad. 94 the terms of a contract to repay a loan of money having been settled and the money paid, a promissory note embodying those terms was executed later in the day. the .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-16-1934
Reported in : AIR1934Cal682,152Ind.Cas.351
..... equity nor good concience require me to force the parties into further and unnecessary litigation. in my opinion, the plaintiff is entitled to enforce the contract in suit. therefore, the appeal is allowed with costs here and below and the judgment of the district judge of bankura modified. there will be ..... the creditor and accepted by him, the arrangement between the creditor and the transferee did not amount to a novation within the meaning of section 62, contract act; that the obligation undertaken by the transferee was for, and intended to be for, the benefit of the creditor; and that the creditor ..... discharge the promisee's duty creates a duty of the promisor, the creditor beneficiary, to perform the promise.28. according to scots law: when parties contract, if there be any article in favour of a third party, at any time, estjus quaesitum tertio, which cannot be recalled by either or both ..... 's agreed commission as trustee, and walford could have compelled its payment over. if walford had had no right to it by virtue of the contract, assuredly the charterer would not; and the subsequent stipulation between walford and the owner would not itself create one. nor would the issues be res ..... for all his engagements in that capacity'. r. h. harper defaulted on certain marine insurance policies, and lloyd's sued samuel harper on the guarantee contract, for the benefit of the holders of such policies. it was argued that lloyd's had suffered no injury, and were entitled only to nominal .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-21-1934
..... affect rights also under (a) the colorado river compact, (b) the conditions required by the boulder canyon project act to be attached to patents, grants, contracts, concessions, leases, permits, rights of way, and other privileges from the united states, (c) the relative and respective rights of each of the parties ..... testimony is competent to resolve. but the resolution of this alleged conflict can never be material to any case based on the compact considered as contract, since arizona neither has nor claims any contractual right. fifth. nor does arizona show that article iii(b) of the compact is relevant ..... only to that part of the lower basin constituted by arizona. fourth. it is clear that the meaning of the compact, considered merely as a contract, can never be material in the contemplated litigation, since arizona refused to ratify page 292 u. s. 357 the compact. arizona rests her ..... , new mexico, colorado, and wyoming be permanently enjoined from carrying out said compact or said act, and that they be enjoined from performing contracts which had been executed by the secretary on behalf of the united states for the use of stored water and developed power after the project shall ..... than arizona. p. 292 u. s. 359 . 4. the rule permitting recourse to the negotiations, preparatory work, and diplomatic correspondence of the contracting parties to establish the meaning of a treaty when not clear has no application to oral statements made by those engaged in negotiating the treaty which .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-02-1934
Reported in : AIR1935Bom112; 156Ind.Cas.304
..... successful defendant, out of the estate of the minor. where the next friend is entitled to have recourse to the estate of the minor in exercise of his right of indemnity or under the liberty reserved to him to recover the same when paid out of the estate of the minor, such directions are usually given in the judgment itself. where ..... for money against a minor, as for instance, where a minor like an adult is liable for damages in respect of any wrong which he has committed independently of a contract. of course in certain cases the circumstances may justify the estate of the minor being charged with the payment of the costs, but generally speaking courts in this country as ..... the same time the next friend has a right to ask that he should have liberty to proceed against the estate of the minor in exercise of his right of indemnity, or to protect himself, as he is entitled to get not only these costs out of the estate of the minor but all costs, charges and expenses which have been ..... halsbury which says that the solicitor can recover his costs only from next friend, and that is so because the contract of employment can only be between the next friend and the solicitor, a minor being incapable of entering into the contract. that the next friend is a surety for the costs of the opponents of the infant is clear from the .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-07-1934
Reported in : AIR1934All661
..... the whole amount only before the expiry of the stipulated period and not 'afterwards,' such a covenant would clearly have been void. parties cannot by contract alter the statutory period of limitation. nor can they alter the statutory starting point of limitation. when the statute lays down that in certain circumstances, ..... that a clear intention of the creditor making the choice and communicating that choice to the debtor would be enough even though there is no contract between the creditor and the debtor and no fresh consideration passes from the debtor to the creditor. i do not think it necessary to decide ..... of recovering instalments only after their successive dates.20. it seems to me that it is not necessary that there should be either a fresh contract between the parties or a fresh consideration proceeding from the debtor in order to bind the creditor by his choice. he had the option ..... into an option in the mortgagor, for if the latter finds subsequently that he can make a better bargain elsewhere he has only to break his contract by refusing to pay the interest and so eo instanti entitle himself to redeem. in their lordships' opinion this was an impossible result. their lordships ..... and to the plaintiff having 'waived' the condition of payment in a lump sum in the deed, and there was allegation that the defendants contracted subsequently that they would not make payments by instalments but would pay the entire amount within the stipulated period. the cause of action was alleged .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-03-1934
Reported in : AIR1935All221; 155Ind.Cas.136
..... because it occupies also the status of a joint family.50. the manager in the case of a joint ancestral trading business, has an implied authority to contract debts for its purposes, and the creditor is not bound to enquire into the purpose of the debt in order to bind the whole family. it will ..... family carries on a business or profession and maintains itself by means of it, the member who manages, it for the family has an implied authority to contract debts for its purposes, and the creditor is not bound to inquire into the purpose of the debt in order to bind the whole family thereby, because ..... tarachand v. bank of bombay (1910) 34 bom. 72, chandavarkar, j., in his judgment expressed the following opinion:the rule of hindu law that debts contracted by a managing member of a joint family are binding on the other member only when they are for a family purpose is subject to at least one important ..... to the discharge of the secured and the unsecured debt. the point raised in this branch of the case is not in terms covered by section 61, contract act, but in my judgment the principle underlying that section should be applied. learned counsel for the plaintiffs has not contended, as in my view he could ..... money has been borrowed is a family business and the loan is for the benefit of the family, the sons are liable for the repayment of the loan contracted by the father; and (2) whether the payment of rupees 3,000 should be considered, to be repayment partly of the debt incurred for the benefit .....Tag this Judgment!
Court : Chennai
Decided on : Feb-20-1934
Reported in : AIR1934Mad480
..... wisdom of counsel's conceding the point in mahomed ibrahim v. commissioners for the port of chittagong : air1927cal465 mad. of his commentary on the contract act but he only follows the english decisions. it would be dangerous to ignore the plain, statutory provision of section 65 and argue as though the ..... assumption that a municipality is a person who can make agreements. the act itself seems to assume as much, for even under section 45 a contract below rs. 100 is left to its unhampered direction. the act does not specially empower municipalities to make agreements, and then prescribed the form ..... is considering the welfare of the community as a whole, and there is no cause; for surprise that while making special provision in terms as regards contracts, it left agreements to be governed by the general law. mr. srinivasa ayyangar argues that the special overrides the general; a maxim of universal ..... question would seem to be that the municipalities act is silent about and therefore not concerned with such an agreement. the distinction between agreements and contracts is well known and it would have been quite easy to provide that every agreement made on behalf of a municipal council shall be immune ..... 29 mad. 360 and evidently influenced walsh, j., in our present case. it was held in allahabad that section 65 cannot apply to a contract void ab initio and it was also suggested hypothetically that if a court were to hold otherwise it would render nugatory the salutary provision of the .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-07-1934
Reported in : AIR1934Cal796
..... that case. in my view unless i am satisfied that the words of this particular sowdah clearly established the incorporation of the arbitration clause in the contract of punna lal sagoremull into the sowdah, i ought to make any order for stay of the suit under section 19. that being my view, ..... a collateral bargain between the plaintiff firm and punna lal sagoremull, and it cannot be said that an arbitration clause is an ordinary incident of a contract for the sale or purchase of goods.9. in this connexion i should like to quote a passage from the judgment of the lord chancellor in ..... a further point however which requires very careful consideration.6. it has been submitted that the defendant firm cannot rely on the arbitration clause in the contract between the plaintiff firm and punna lal sagoremull as that clause cannot be said to have been incorporated in the sowdah in suit, having regard to ..... september. an entry was made in the plaintiff firm's sowdah book setting out the terms of the contract between the plaintiff firm and the defendant firm which was signed by or on behalf of the defendant firm. the entry contains the following; words:as ..... , for an order that all proceedings in this suit be stayed. it appears that on 28th june 1923 the defendant firm entered into a sowdah or contract with the plaintiff firm for the purchase of thirty bales of saris 10 yards 44 inches of hati border of two colours, shipments july, august and .....Tag this Judgment!