Court : Allahabad
Decided on : Jan-19-1934
Reported in : AIR1934All397
..... before the expiry of the term. their lordships have made it perfectly clear that the mortgage deed is not forthcoming, but both she courts in india have found that a contract between the parties to the transaction is, for all material purposes, substantially set forth in the proceedings of the collector's court dated 18th september 1830 on an application for ..... the right to foreclose must be regarded as co-extensive and that the mere use of the words 'andar miad' in the mortgage-deed is not enough evidence of a contract that the mortgagor was given a right to redeem before the expiry of the stipulated period for which the mortgage was effected. at one place the learned judge mentioned thatthe ..... that it does not become due unless he exercises his option, even though the mortgagor may already have a right to redeem in accordance with the terms of the mortgage contract. if we hold that time begins to run for a suit to enforce the mortgage from the date of the first default that gives an optional cause of action, then ..... the third column of which were different from the words in the third column of article 132. his right to redeem or recover possession cannot accrue contrary to a special contract fixing a period of time within which he could not redeem. pancham v. ansar husain a.i.r. 1926 p.c. 85, was a case in which there was somewhat .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-06-1934
Reported in : AIR1934All617
..... bound to hand over to the vendor under the terms of the deed. it has been suggested in argument that there was really in practice a notation of contract between the parties, the vendee agreeing to accept the substituted property on condition that the sale consideration was reduced by the amount which had to be paid to ..... deed as being equivalent to the plot which he desired to obtain. it does not appear therefore that he had any intention of putting an end to the contract, and in failing to fulfil his obligation under the sale deed he apparently-tried to gain two advantages. he secured an equivalent to the property which it was ..... appellant for failure to carry out the terms of the contract was that he was not put in possession of the property which had been sold to him. according to the sale deed the property sold was a plot ..... and the plaintiff-respondent had to pay a sum of rs. 657 odd in consequence of the failure of the appellant vendee to fulfil the terms of the contract contained in the sale deed. the present suit therefore was one to recover this sum as damages from the vendee-appellant.2. the reason given by the ..... bishan dial. there is, however, no evidence whatever that there was any agreement between the parties that there should be a fresh contract of this nature, but on the other hand it appears that both parties considered themselves to be bound by the terms of the original .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-1934
Reported in : AIR1934Mad646
..... , tulaja boyee got the suit house 'belonging to the deceased. a creditor of the widows filed o.s. no. 275 of 1872 against them for the recovery of a debt contracted by them after their husband's death. a decree was obtained and in court auction in execution of the decree, the house was sold and purchased by the decree-holder .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-02-1934
Reported in : (1934)36BOMLR1201
..... 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 series 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 ..... which says that the solicitor can recover his costs only from the 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 : Mumbai
Decided on : Nov-27-1934
Reported in : (1935)37BOMLR315
..... the body of the document.15. having arrived at this conclusion, it becomes unnecessary to consider the effect of section 133 of the indian contract act. whether that much-discussed section relates only to continuing guarantees or is intended to affect a guarantee of one obligation, and if so ..... consent had not been obtained. in their lordships' opinion, therefore, the sureties are being sued in respect of an obligation which they did not contract to-make good, and are entitled to succeed.14. it is, perhaps, desirable to add that the application of this principle must always depend ..... of the security lost. its value for the present purpose is that without any agreement between the creditor and the surety to vary the contract, the fact that the creditor stood by and permitted something to be done which made the original performance impossible discharged the other sureties whose ..... cases a different performance of the original contract is due to an express variation of the terms between the parties ; and it is natural that the reported cases should mainly deal with ..... the final obligation of the principal debtor will be something different from the obligation which the surety guaranteed. presumably he is discharged forthwith on the contract being altered without his consent, for the parties have made it impossible for the guaranteed performance to take place. in the vast majority of .....Tag this Judgment!
Court : Privy Council
Decided on : Apr-12-1934
..... . by art. 2, the general management of the bank may at all times of the year discharge an employee, but (art. 3) he receives an indemnity from the pension fund applicable to his case. each employee (art. 9) cedes to the bank prescribed proportions of his fixed salary and increments. these sums ..... condemned as an attempt by the bank, under cover of art. 30 of the pension regulations above set forth, to alter a fundamental term of their contracts in the case of its employees in turkey. this may or may not be so. upon such a question their lordships in this case naturally express no ..... on 6th august 1924. it may also be questioned whether these currency notes were ever made legal tender for any payment under a turkish contract which by that contract had to be made outside of turkey. these matters however have not been discussed in the courts below and their lordships in the absence ..... satisfied that the " equivalent " in cyprus currency ascertained by that formula was, and intended to be. a real equivalent. it merely energetical of the basic contract. it was a formula applicable only where the result was to produce parity in terms of gold. to both parties it was a convenience that the salary of ..... thinks, clearly shown by what actually happened in cyprus. first on 21st may 1926 the respondent was granted an increase in his emolument-a so-called indemnity-expressed as 2 turkish pounds to be added to the 45 turkish pounds he was then receiving. he was granted a similar increase as from 1st .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-21-1934
..... with ours in respect of the meaning of the statute, a meaning that will then be declared with ultimate authority. page 292 u. s. 426 hartford accident & indemnity co. v. nelson mfg. co., 291 u. s. 352 . there should be an appropriate opportunity in such circumstances to terminate or modify the restraints of the ..... selling broker and the buying one came together page 292 u. s. 425 on the floor of the stock exchange in new york and made a contract there. the directive force of all these signposts of intention is little less than irresistible when the series is viewed together. the meaning ascribed to the ..... is an executory agreement or a transfer by delivery, a note or entry to be handed by the seller to the buyer as an evidence of contract or as a muniment of title. if another view were to prevail, the tax could be multiplied repeatedly as the product of the same transaction. ..... does not differ in essentials, so far as the present subject of inquiry is concerned, from that upon an order to buy. by concession, the "exchange contracts" and the "sales tickets" are not taxable in florida. taxes are claimed, however, upon the telegraphic report of the sale when written out by employees in ..... and after the execution of the order upon the floor of the exchange, the buying and selling brokers sign and exchange what is known as an "exchange contract." there is no contention by the comptroller that this is taxable in florida. when the shares are delivered, the rules call for the exchange of what .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-08-1934
..... city, 285 u. s. 195 , 285 u. s. 204 . affirmed. [ footnote 1 ] compensation for death or disability resulting from personal injuries suffered or disease contracted in the line of duty was provided by article 3, act of october 6, 1917, 40 stat. 405, as amended. the grant of insurance was authorized by article ..... time of the lapse. the evidence as to his subsequent condition may be considered only for the purpose of determining his condition while the contract was in force. his conduct following the alleged accrual of his claim reflects his own opinion as to whether he was totally and permanently ..... in the military service, and that the epileptiform and epileptic fits, such as that suffered march 1, 1923, and later, are not curable. the war risk contract unqualifiedly insures against "total permanent disability." the occasion, source, or cause of petitioner's illness is therefore immaterial. [ footnote 2 ] his injuries, exposure, and ..... -561. 8. evidence of the claimant's condition after lapse of his policy may be considered only for the purpose of determining his condition while the contract was in force. p. 290 u. s. 560 . page 290 u. s. 552 9. the claimant's conduct after the alleged accrual of his ..... and all inferences fairly deducible from them should be drawn in his favor. p. 290 u. s. 553 . 2. to a claim under a war risk contract insuring unqualifiedly against "total permanent disability," the occasion, source or cause of the petitioner's illness is immaterial. p. 290 u. s. 558 . 3. .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-20-1934
Reported in : AIR1934Bom361; (1934)36BOMLR786; 152Ind.Cas.580
..... profits and losses according to the shares mentioned in the above stated memo, namely:then comes the statement of the shares. then it says-this contract thus took place at gadag on 19th october 1918 in the presence of many merchants and others, and accordingly the plaintiff sold 1,500 bales ..... high court in the case already quoted of pannaji devichand v. senaji kapurchand.9. mr. murdeshwar's other point turns on the interpretation of the contract. his contention is that though the original arrangement was as contemplated in exh. a, and its counterpart exh. b, what really happened on october ..... case, includes sixteen persons and the three bellary firms eight, there were twenty four individuals at least concerned and forming an association which, in turn, contracted with the three separate bellary firms, which were also members of it.7. mr. murdeshwar for the appellants has sought to get out of the ..... the parties from october 24, one side demanding that the other should pay and take delivery, and the other charging the plaintiff firm with breach of contract. the bellary firms, thereupon, filed a suit for taking an account of the partnership profits on the sale of the 800 bales, on october 27 ..... firm of pannaji devichand and three bellary firms, and was come to on october 13, 1918. it is both a partnership agreement and a forward contract. the partnership is between the larger pannaji devichand firm, called the company by the learned subordinate judge, and the three bellary firms, and its .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-21-1934
Reported in : AIR1935Bom225; (1935)37BOMLR215; 159Ind.Cas.492
..... the notice contained was never carried out, and we do not think, nor can we find any authority for holding, that it put an end to the contract and absolved the defendants from their liability under the promissory note.15. there is no other point in the appeal. we confirm the lower court's decree ..... a position to avoid it under section 62 without the other side's consent; nor were they promisees, to take advantage of section 63 : nor was the contract voidable under section 64.14. the notice was, therefore, really no more than a notice of demand for payment of the sum due under the note, claiming ..... under the decree-in fact that they were falling back on their original cause of action, which they had agreed to waive, because of a breach of contract by the defendants, which empowers the senders to put an end to the said agreement, which they accordingly do.12. mr. coyajee for plaintiffs has suggested ..... are drafted by solicitors' clerks, and have no importance, but this suggestion begs the question which is one under the indian contract act.13. it is clear that as regards the defendants, the contract was executed, for they had agreed to furnish a promissory note for rs. 4,500 which they had done. it is true ..... have been made in this case, but plaintiffs' remedy for non-payment was to sue on the instrument and not to rescind the original contract. as regards plaintiffs, so long as execution of the two decrees was still within limitation and no formal assignments of them had been made, the .....Tag this Judgment!