Court : Privy Council
Decided on : Dec-10-1946
..... what was done in the case of the "pedersen", which sailed from mexico about eight days before the "charles racine" with gas oil under the german contract and had been ordered to malmo by the coal and oil company after the outbreak of war. a cable is produced addressed by skandi-tank malmo to the ..... " cargo through to germany if possible. he also said that he was not satisfied by the evidence that effective steps had been taken to cancel the scana contract. on the contrary he thought that it subsisted. the president was most careful to deal with every suggestion that could tell in favour of the claimant. only ..... german policy of getting as much oil as possible. the appellant had, it may be repeated, every interest in performing as far as be could his contract to deliver the oil to germany. as was said by this board in 1944 ac 6,1 in discussing a decree forbidding the export of contraband goods ..... visited italy and germany, and during the visit met goering. it may be inferred that the visit had some reference to the very important contract the appellant had with the german government and to the cargoes row claimed. the appellant had obviously a great interest in completing as far as possible the ..... contract and perhaps renewing it if the war should be short. the appellant had a large inducement towards keeping on good terms with the german government .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-20-1946
..... between the respondent and the government, rather than between respondent and its bricklayers. hence, the ordinary review provisions of article 15 were applicable, enabling respondent to appeal the contracting officer's decision to the departmental head or his representative. the court of claims made a like error in this respect. [ footnote 4 ] the government points out ..... . their decisions in such matters were clearly appealable under article 15. the second dispute was a question arising under the wage provisions of article 18 of the contracts; that question involved a consideration of the factual situation surrounding the required wage increase and a determination of the validity and effect of the increase under the circumstances ..... that it] expected reimbursement of the difference of 25 cents per hour." on may 12, 1934, the constructing quartermaster advised respondent "that it was the decision of the contracting officer that bricklayers employed on war department construction projects at san antonio, texas, and vicinity [fort sam houston is in this vicinity] should be paid $1.25 per ..... of difference between drawings and specifications, the specifications shall govern. in any case of discrepancy in the figures or drawings, the matter shall be immediately submitted to the contracting officer." the specifications contained a similar provision, and added that the constructing quartermaster was to be the interpreter of the "intent and meaning of the drawings and specifications." .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-25-1946
duncan v. kahanamoku - 327 u.s. 304 (1946) u.s. supreme court duncan v. kahanamoku, 327 u.s. 304 (1946) duncan v. kahanamoku argued december 7, 1945 decided february 25, 1946 * 327 u.s. 304 certiorari to the circuit court of appeal for the ninth circuit syllabus 1. section 67 of the hawaiian organic act, 31 stat. 141, 153, authorizing the territorial governor, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, to suspend the privilege of the writ of habeas corpus or "place the territory . . . under martial law," did not give the armed forces, during a period of martial law, power to supplant all civilian laws and to substitute military for judicial trials of civilians not charged with violations of the law of war, in territory of the united states not recently regained from an enemy at a time when the dangers apprehended by the military are not sufficient to cause them to require civilians to evacuate the area and it is not impossible for the civilian government and the courts to function. pp. 327 u. s. 313 , 327 u. s. 324 . (a) although part of the language of 67 of the organic act is identical with a part of the language of the original constitution of hawaii, congress did not intend to adopt the decision of the supreme court of hawaii in in re kalanianaole, 10 hawaii 29, sustaining military trials of civilians in hawaii without adequate court review during periods of insurrection. p. 327 u. s. 316 . page 327 u. s. 305 (b) .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-07-1946
..... funds to respondent, but, acting through a bank, purchased the bonds at the composition figure and registered the bonds in its name; that, in accordance with the terms of the contract between respondent and the reconstruction finance corporation, page 326 u. s. 540 the old bonds so acquired remained obligations of respondent, were held by the reconstruction finance corporation as security ..... in the market, acquired merely a speculative position in the plan of composition. nor is it merely in the position of a holder of a majority of the bonds. by contract with the debtor, it has underwritten the whole refinancing program. it has ventured the capital necessary to effectuate the plan of composition. it has long been recognized in reorganization law ..... to be treated in situations like the present as a creditor. sec. 402 of the act provides that "any agency of the united states holding securities acquired pursuant to a contract with any petitioner under this chapter shall be deemed a creditor in the amount of the full face value thereof." the reconstruction finance corporation is such an agency. sec. 403 .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-21-1946
Reported in : AIR1947Bom217; (1946)48BOMLR828
..... sale. the principles which i deduce from these decisions are: (1) that although the pledgee may sell the goods unauthorisedly or unlawfully, the contract of pledge is not put an end to and the pledger does not become entitled to the possession of the goods pledged without tendering the amount ..... if nevertheless he does pledge the goods to a third person for a greater interest than he possesses, such an act does not annihilate the contract of pledge between himself and the pawnor; but that the transaction is simply inoperative as against the original pawnor, who upon tender of the sum ..... the two; while one protects the innocent purchaser, the other does not do so. in the absence of any provision in section 176 of the indian contract act in favour of the innocent purchaser, to import such protection from the provisions of another statute is, again, with respect, wholly fallacious and unjustifiable ..... the third question raises the principal point agitated in the court below, viz. whether in july, 1940, mr. jamnadas mehta by enforceable and binding contract acquired these 26,000 shares in the assurance company. since in any attempt to establish his title to these shares as a purchaser from the bank ..... and involves the allegation that mr. nissim waived any notice which it is incumbent upon the bank to give under section 176 of the indian contract act.22. the sixth question is with reference to an allegation that the official assignee is estopped from disputing that the plaintiff is the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-15-1946
Reported in : AIR1947Mad176; (1946)2MLJ335
..... several rights and liabilities in the event of its occurrence. the principle is one of construction, and is, we apprehend, applicable to the construction of grants as well as of contracts. applying that principle to the wakfnama in question we have little doubt having regard to its terms and the surrounding circumstances, that if the wakif had thought of the possibility ..... , the meaning of the contract must be taken to be, not what the parties did intend (for they had neither thought nor intention regarding it), but that which the parties, as fair and reasonable men ..... of the contract of charterparty which were not actually present to the minds of the parties at the time of making it, and, when one or other of these possibilities becomes a fact ..... what he may be justly presumed to have intended in regard to matters about which he did not think at all. the principle is familiar enough in the law of contracts and has been stated perhaps nowhere better than by lord watson in dahl v. nelson, donkin & co.(1881) 6 a.c. 38 : there may be many possibilities within the contemplation .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-27-1946
..... stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, pre-organization certificate or subscription, transferable share, investment contract, voting trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly ..... therefore essential if the investors are to achieve their paramount aim of a return on their investments. their respective shares in this enterprise are evidenced by land sales contracts and warranty deeds, which serve as a convenient method of determining the investors' allocable shares of the profits. the resulting transfer of rights in land is ..... ] this definition also includes "securities" of a more variable character, designated by such descriptive terms as "certificate of interest or participation in any profit-sharing agreement," "investment contract," and, "in general, any interest or instrument commonly known as a security.'" the legal issue in this case turns upon a determination of whether, under the circumstances, the ..... the application of 2(1) of the securities act of 1933 [ footnote 1 ] to an offering of units of a citrus grove development, coupled with a contract for cultivating, marketing and remitting the net proceeds to the investor. the securities and exchange commission instituted this action to restrain the respondents from using the mails and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-29-1946
..... in absence of administrative control, the law would, under those circumstances, imply a contract for the use of another's property and award reasonable compensation. thus, trackage rights would be acquired on such terms as the court and jury determined. but 5(2)(a ..... new one without the approval of the commission, they would have page 328 u. s. 147 violated the act. there would be no difference in result merely because the trackage contract expired, by its terms, or was terminated by operation of an escape clause. until abandonment is authorized, operations must continue. while they continue, trackage rights are being enjoyed. ..... a reasonable length of time, no satisfactory plan could be worked out." that decision prevented, in the interests of a reorganization, the enforcement of the provisions of the contracts of the debtor according to their terms. we think like reasons make it important that the status quo of this trackage agreement be maintained pending decision by the commission as ..... railroads, both of which were subject to the authority of the interstate commerce commission, one obtained trackage rights over the lines of the other at a specified rental. the contract was terminable by either party upon twelve months' notice. the grantee railroad subsequently petitioned for reorganization under 77 of the bankruptcy act, a trustee was appointed, and stay orders .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-25-1946
Reported in : AIR1946Bom510; (1946)48BOMLR365
..... contended by mr. munshi. had it been so, in the case of loss of a bank note, the owner could have proved the contract by independent evidence and recovered the amount of the note from the bank. but section 28 of the act expressly provides that no person shall of right be entitled, to ..... offer and acceptance, which are the foundation of a contract. the only obligation on the bank is to exchange it for rupee coin or bank notes of other denomination, and there can be no other implied obligation to pay as ..... denomination bank notes from claiming such an exchange from the bank without giving the required declaration.21. it must be remembered that the obligation does not arise out of a contract, but out of statutory provisions. as soon as a bank note is issued, it becomes a legal tender and must be accepted by the public as such. there is no .....Tag this Judgment!
Court : Chennai
Decided on : Jul-29-1946
Reported in : AIR1947Mad258; (1946)2MLJ401
..... q..b.d. 149 and tolhurst v. associated portland cement manufacturers (1900), associated portland cement manufacturers (1900) v. tolhurst 1903 a.c. 414 : but a contract that certain acts shall be done or goods supplied, without regard to the persons engaged, is assignable; and upon performance of all the conditions stipulated for, the ..... permitted. such difficulty as exists has been got over in some of the english cases by taking the view that the very nature of the contract might show that it was not intended that the party should personally perform their obligations or that it was within their contemplation that what was undertaken ..... man for the discharge of his obligation. so is a buyer under an obligation to pay the price. the buyer's right under the contract to get the goods on payment of the price has been held to be capable of assignment because it falls within the definition of an actionable ..... cases, the promisor or his representatives may employ a competent person to perform it. it is obvious that there is nothing personal about such a contract as this. the only objection raised against the assignment is that the seller is under an obligation to deliver the goods and that he cannot compel ..... the legal objection.2. for the appellant reliance is placed on the general proposition of law that a promisor cannot assign his liabilities under a contract and that a promisee cannot be compelled by the promisor or by a third party to accept anyone but the pro-misor as the person liable .....Tag this Judgment!