Court : Mumbai
Decided on : Oct-01-1946
Reported in : AIR1947Bom276; (1947)49BOMLR92
..... within six months recondition the plant so as to ensure a continuous and efficient supply to all consumers so as to comply with the obligations imposed on them by the contracts with the consumers as provided for under clause vi of the schedule.59. thereafter correspondence between the licensee and government followed which has been exhibited, and in the course of ..... the purpose of ensuring a continuous and efficient supply to all consumers connected to the system and in order to fulfil the obligations imposed on the licensee by virtue of contracts with the consumers as laid down in el. vi of the schedule to the indian electricity act. thereafter it is added that in the event of the licensee failing to ..... new conditions imposed it is clearly stated that it was so being imposed in order to enable the licensees to fulfil the obligations imposed on them by virtue of the contract with the consumers as laid down in el. vi of the schedule to the indian electricity act. but be that as it may, when the learned judge gave his ruling ..... the purpose of ensuring a continuous and efficient supply to all consumers connected to the system and in order to fulfil the obligations imposed on you by virtue of the contract with the consumers as laid down in clause vi of the schedule to the i. 10. act, 1810, subject to the limitations imposed by the orders issued under the defence .....Tag this Judgment!
Court : Chennai
Decided on : Sep-16-1946
Reported in : (1949)2MLJ694
..... were not aware of the act. though the learned advocate attempted to contend that it would be against public policy to permit the parties to contract out of this statute, he did not make good this contention by either citation of authority or otherwise. in this connection we have found the judgment ..... .12. mr. ramachandra aiyar argued that there is no reference to the act in the lease deed and therefore it cannot be said that they contracted out of it. merely because there was no reference to it we cannot presume that the parties or their legal advisers who evidently prepared the lease ..... that the landlord is entitled to re-enter upon the demised premises. in the absence of authority that it is not permissible for the parties to contract themselves out of the provisions of this act we hold that they can agree to be governed by terms and conditions which may be inconsistent with ..... the provisions of the statute in so far as they are inconsistent. incidentally the learned counsel also argued that the parties did not contemplate that the contract of lease which they were entering into was to be governed by the provisions of madras act xv of 1946. in fact having regard to the ..... . the main argument addressed on behalf of the lessees was that parties were aware of madras act xv of 1946 and by this lease they had contracted out of the statute and therefore the application was not maintainable. the rent controller was evidently not inclined to uphold this contention. there was an appeal .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-12-1946
Reported in : AIR1947Cal162
..... facts into consideration; in particular he believed that gill accepted a number of comparatively small presents from lahiri and in the absence of proof that gill acted improperly in handling contracts as a result of those payments or that government suffered loss he held that short sentences of imprisonment would meet the ends of justice. he also imposed sentences of fine ..... cheat the government of india in the department of supply by dishonestly or fraudulently inducing its financial officers to pay larger sums of money than due (in respect of specified contracts) by means of false representation regarding...the rates quoted by baranagore engineering works and character and capacity of supply made by them in preference to those of other firms.the ..... gill had been taking illegal gratification from lahiri and that from official records it appeared that gill had been showing undue favour to lahiri in connexion with the latter's contracts and in particular that gill showedan amount of eagerness to place orders with accused lahiri in preference to other firms and that in doing so he wilfully misrepresented facts ..... chief presidency magistrate, at that time mr. r. gupta, alleging against gill and lahiri, that between march 1941 and july 1942 gill held the post of deputy assistant director of contracts and deputy controller of purchase at calcutta under the chief controller of purchase (munitions) in which capacity he was responsible for the issue and acceptance of tenders for purchase of .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-18-1946
Reported in : AIR1947Cal14
..... seems to have been put in view of the postscripts, in ex. 71. that postscript runs thus:though we expect to deliver the goods timely against contract, we shall not be responsible for failure to deliver or for late delivery of goods due to consequences of war or warlike operations.4. we have no ..... to consider whether the evidence given in support of the claim for damages is satisfactory or not, because we are of opinion that there was no contract between the defendant and the plaintiffs as alleged in the plaint. it appears from the evidence that there were no dealings between the plaintiffs and the defendant ..... 16-12-1940. that document is printed at pp. 18 and 23 part i of the paperbook. the learned subordinate judge held, that there was no contract as alleged by the plaintiffs but there was only a standing order on the defendant to supply chests, meaning thereby that the defendants were entitled to charge ..... bills amounting to rs. 4000 odd had not been honoured by payment by the plaintiffs. the main defence of the defendant was that there was no contract as alleged in the plaint. in his written statement the defendant prayed for a decree for the sum of rs. 4300 odd in respect of which ..... been marked as ex. 63 and the further letter of the defendant to them dated 13-3-1939 which has been marked as ex. 64 constituted the contract. there was further correspondence between the plaintiffs and the defendant before 16-2-1939, but those letters are not material except one which has been marked as .....Tag this Judgment!
Court : House of Lords
Decided on : Mar-29-1946
..... of the court of session and argued in this house by the appellants upon the assumptiondictated by the form of the case statedthat the relevant terms of the contracts of insurance between the company and its members were such that, apart from section 31 of the finance act, 1933, no taxable profit could thereby arise to the company. into ..... that a mutual transaction with a non-member was a contradiction in terms. but this is a misconception. there is nothing to prevent a mutual insurance company entering into a contract of mutual insurance with a person who is not a member of the company. the argument will not fit the terms of the subsection. it is "those transactions," that is ..... from that status are to be ruled out. but, there the section stops. the ruling out of the status of membership and its consequences leaves unaffected the substance of the contract and in that there is inherent the right in respect of surplus contributions. there is thereforeon the assumption madeno sum finding its origin in payments under the ..... those terms in the articles of association which secure to him rights in respect of surplus contributionsas those articles stand at the date of his contract of insuranceenter into and form part of the contract of insurance. the member therefore as respects surplus contributions can rely not only on his rights as a member of the company under the articles .....Tag this Judgment!
Court : Privy Council
Decided on : Mar-13-1946
..... very natural and businesslike course for sir shapurji to take, and necessarily resulted, when the appellant accepted the terms, in the formation of a binding contract.  for these reasons, their lordships will humbly advise his majesty that the appeal should be allowed, the decree of the high court set ..... left to the solicitors to settle some of its terms and because (as counsel rightly submitted) a solicitor has no implied authority to make a contract on his client's behalf. their lordships are of opinion, however, that no question as to a solicitor's implied authority arises in this case ..... was said that, by reason of his attitude, either the business had never proceeded beyond the stage of negotiation, or that, alternatively, after a contract had been concluded it "was reopened and the parties entered into negotiations afresh, which negotiations did not result in a concluded agreement." sir shapurji himself ..... remaining defendants, in accordance with s. 27, specific belief act, as persons claiming under the defendant company by a title arising subsequently to the contract. it may be said at once that if the plaintiff is entitled to the relief which he claims against the defendant company, no question arises ..... to examine the evidence which was called on behalf of the plaintiff to show that these defendants in fact had notice of the earlier contract, since a decision of this board is clear authority for the proposition that the burden of proving good faith and lack of notice lay .....Tag this Judgment!
Court : Privy Council
Decided on : Dec-11-1946
..... unreasonable. it was due to nothing but the operation of the terms of the contract which ex hypothesi were reasonable terms.  the other reason suggested by counsel is equally without substance. the fact that the net profits of ..... to be assumed nor is it now suggested that the commissions were other than reasonable having regard to the benefits obtained by the respondents under the contract. the mere fact there- fore that as the receipts increased the commission automatically increased can provide no ground for saying that the increase was ..... only viz. that the receipts of the respondents on which the commission was paid were on a rapidly rising scale, due no doubt to war contracts; and that the rise in the amounts paid away in commission was not accompanied by a corresponding rise in the net profits of the company. ..... a quite general meaning and is wide enough to cover any expenditure by the taxpayer whether made under or as a condition of obtaining a contract or otherwise. there is in the opinion of their lordships, no justification, for drawing a distinction between different kinds of contractual payments and this ..... in respect of the net selling price of all wire ropes both manufactured and sold by the respondents since 1st march 1931. while this earlier contract was still current the later agreement of 12th september 1935 (which was expressed to supersede it), was entered into and by clause 8 it .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-10-1946
..... possible purposes of the act, we think the decisions prove to have been in fact its purposes. [148 f.2d at 427.]" " * * * *" "starting, however, with the authoritative premise that all contracts fixing prices are unconditionally prohibited, the only possible difference between them and a monopoly is that, while a monopoly necessarily involves an equal or even greater power to fix prices ..... sell is a price which it itself fixed. thereafter, the power and its exercise must needs coalesce. indeed, it would be absurd to condemn such contracts unconditionally and not to extend the condemnation to monopolies, for the contracts are only steps toward that entire control which monopoly confers; they are really partial monopolies. [ id., 148 f.2d at 427, 428.]" " * * * *" "it does .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-25-1946
..... paul, minnesota. it put the vendee in possession, but retained the legal title, with the right of reentry, as security for portions of the purchase price remaining due under the contract of sale. the decisive question before us is whether the interest thus retained by the united states bars minnesota, under a general nondiscriminatory law, from taxing the vendee's interest ..... which the petitioner presents for our decision -- whether the retention by the united states of the legal title to the taxed land precludes its taxation to petitioner, which, under its contract with the government, has acquired possession and right to possession. as i have no doubt on this question, i agree the judgments should be affirmed. mr. justice frankfurter concurring. ..... owned by the united states and therefore treated as the united states. these purchasers had paid enough of the purchase price -- ten percent -- to entitle them to deeds under their contracts, but had not paid the entire purchase price. the deeds had not been delivered, nor the mortgages executed for the balance, as required by the purchase agreement. this page 327 ..... directly passed upon the effect on federal sovereignty of the property's transfer by the united states to private hands. in this instance, there were no specific words in the contract with petitioner which were intended to retain sovereignty in the united states. there was no express retrocession by congress to minnesota, such as sometimes occurs. [ footnote 8 ] there was .....Tag this Judgment!
Court : Chennai
Decided on : Jan-04-1946
Reported in : AIR1947Mad18; (1946)2MLJ35
..... be substituted, namely, 61 : a mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in the absence of a contract to the contrary, when the principal money of any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately ..... his case that he was a bona fide purchaser. it will be observed that the subsequent purchaser who takes the property with notice of a prior contract does not get any right as against the prior contractee. the prior contractee when he obtains a decree for specific performance obtains a right which prevails ..... the money with which the earlier mortgages were paid off. when there, is such an intention, we can well say that it amounts to a contract express or implied that the later alienee should be subrogated to the rights of the earlier mortgages which are discharged with the money advanced by him. ..... deed. therefore the case was purely one in which the purchaser cf a half retained that half and still claimed even the amount which he had contracted to pay for his purchase. strictly the question whether a person is entitled to be subrogated to the rights of a mortgagee who has been ..... entire amount. on these facts, inderprasad or his represontativc obviously cannot claim from the defendan1 who owned the other half the amount which he himself had contracted to pay as the sale consideration, inderprasad or his representative was not deprived of what he had purchased by his sale deed. he was still in .....Tag this Judgment!