Court : Mumbai
Decided on : Feb-12-1946
Reported in : AIR1947Bom135; (1946)48BOMLR727
..... market, but had appropriated the sales to himself. counsel for the defendant in suit no. 227 of 1939 conceded that his client was not entitled to indemnity with regard to these twenty tata deferred shares and, therefore, both the purchases of these twenty tata deferred shares and the sales of these twenty tata ..... to the hands of the agent as an agent; and, finally, the principal's right to resist the agent's claims for commission and for indemnity against liability incurred as a mandatory by showing that the agent has acted as a principal himself and not merely an agent. now with regard to ..... deferred shares were eliminated from the account and no indemnity was given to the defendant in respect of these shares. on january 16, 1940, as the record of suit no. 227 of 1939 shows, an ..... with regard to both the vaidas. further tie plaintiff in his plaint has alleged that it was relying upon the representations of the defendant that the contract notes and the ankdas submitted to him were correct that the plaintiff made payments to the defendant mid received payments from the defendant; and he ..... not entitled to claim accounts for these two taidas. now every principal has a right, which has received statutory recognition in section 213 of the (indian contract act, to claim accounts from his agent; and section 213 says that an agent is bound to render proper accounts to his principal on demand. .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-20-1946
Reported in : AIR1947Cal294
..... 36, clause (1) for the purpose of giving relief to the borrower if the principal and interest claimed in the suit on the basis of the contract contravenes section 30. otherwise, there would be no necessity to repeat the provisions of section 30 in section 36, clause (l), sub-clause (c). ..... for other causes. in those cases the new promissory note does not discharge the earlier one which can be enforced in view of the implied contract to repay money lent. this proceeds upon the principle accepted by the judicial committee of the privy council in har chandi lal v. sheoraj singh ..... obligations in substitution for the previous securities. indeed, this high court has consistently maintained that whether there was an agreement to substitute a new contract or not is a question of fact depending on the intention of the parties. one should look to the substance of the matter and not ..... a ease where the adjustment or agreement extinguishes the previous obligation and replaces it by another or substituted obligation within the meaning: of section 62, contract act. the whole contention, therefore, centres round the point whether the second mortgage in the present case rescinded or discharged the obligation created by ..... the terms of the original bond on which the loan was advanced in a sense may be taken to create a new obligation, for the contract so altered would certainly be different from the original one. but that by itself is not sufficient to attract the proviso. the proviso lays down .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-06-1946
Reported in : AIR1947Cal351
..... , with the end of a month of the tenancy: aklu v. emman 3 a.i.r. 1916 cal. 358.15. since, there is absence of a valid contract, it cannot be said that the time limited by the lease was 'expressed as commencing from a particular day' and therefore, para. 1 of section 110, t.p ..... take into consideration, was the registered document itself or secondary evidence of the contents of the document. as there was no registered document the terms of the contract could not be proved for the purposes of the present suit.13. the appellant accepted this position but argued, relying on the case in adinath bhattacharjee v. ..... v. salsiccioni and pointed out that the very argument relied upon by the learned district judge has been considered and repelled in that decision.11. the contract was an oral contract. it is stated in the appellant's letter of 11th november 1941, that one of the terms of the agreement was:(2) i shall occupy ..... ejectment and for damages for use and occupation of the premises after termination of the tenancy by notice. the material facts are these:2. there was an oral contract between the parties regarding the lease of premises no. p. 15 lansdowne road extension (ground floor) and defendant 1 wrote a letter to plaintiff on 11-11 ..... , t.p. act, was still applicable.14. i am not satisfied that this is the correct view. it seems to me that the actual contract between the parties was one which the law does not allow to be proved and given effect to, and that therefore, there was no valid .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-27-1946
..... . united states, 281 u. s. 249 , 281 u. s. 255 . but here, the rights of the union and its members under a contract with the corporation were adjudicated in a proceeding in which the union was a party. the contract was still in existence at the time of the appeal. hence, the case was not moot. and the only way the union .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-25-1946
..... ] our findings of fact and conclusions of law are as follows: " findings of fact. -- 1. that mechanics employed by common and contract carriers and private carriers of property by motor vehicle, subject to part ii of the interstate commerce act, devote a large part of their time to activities which directly affect ..... following observation made by joseph b. eastman of the interstate commerce commission -- "the bill . . . gives the commission authority to prescribe maximum hours of service for the employees of common carriers, contract carriers, and private carriers of property. . . ." (italics supplied.) 79 cong.rec.12,229. see also s.rep. no.482, 74th cong., 1st sess. (1935) p. 1. [ footnote 8 ..... , uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment." "(2) to regulate contract carriers by motor vehicle as provided in this part, and to that end the commission may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation ..... paragraphs (1) and (2) to confer power on the commission to establish reasonable requirements with respect to the qualifications and maximum hours of service of employees of common and contract carriers, thus restoring provisions that were in the rayburn bill, introduced in the seventy-third congress. . . ." "in order to make the highways more safe, and so that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-27-1946
winters v. new york - 333 u.s. 507 (1948) u.s. supreme court winters v. new york, 333 u.s. 507 (1948) winters v. new york no. 3 argued march 27, 1946 reargued november 19, 1946 reargued november 10,1947 decided march 29,1948 333 u.s. 507 appeal from the court of special sessions of new york city syllabus subsection 2 of 1141 of the new york penal law, as construed by the state court of appeals to prohibit distribution of a magazine principally made up of news or stories of criminal deeds of bloodshed or lust so massed as to become vehicles for inciting violent and depraved crimes against the person, held so vague and indefinite as to violate the fourteenth amendment by prohibiting acts within the protection of the guaranty of free speech and press. pp. 333 u. s. 508 -520. 294 n. y. 545, 63 n. e. 2d 98, reversed. appellant was convicted for having certain magazines in his possession with intent to sell them, in violation of subsection 2 of 1141 of the new york penal law. the appellate division of the supreme court of new york affirmed. 268 app.div. 30, 48 n.y.supp. 230. the court of appeals of new york affirmed, 294 n.y. 545, 63 n.e.2d 98, and amended its remittitur to the trial court so as to show that it had held that the conviction did not violate the fourteenth amendment. 294 n.y. 979, 63 n.e.2d 713. reversed, p. 333 u. s. 520 . page 333 u. s. 508 mr. justice reed delivered the opinion of the court. appellant is a new york city bookdealer, convicted, on information, [ .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-22-1946
Reported in : AIR1947Bom272; (1946)48BOMLR864
..... find it difficult to accept this contention. it is difficult to believe that parliament wanted to include matrimonial matters in the compendious expression 'matters of contract and dealing between party and party.' if parliament intended to invest the high court with matrimonial jurisdiction, parliament would have made use of a more appropriate expression. therefore in our ..... clause 24 of the charter it was provided that in the eases of mahomedans or gentoos (hindus), their inheritance and succession to lands, rents and goods, and all matters of contract and dealing between party and party, shall be determined, in the case of the mahomedans, by the laws and usages of the mahoraedans, and where the parties are gentoos, by ..... classes of cases enumerated in section 112 of the government of india act of 1915, it is contended that marriage is a contract, that parties entered into the contract of marriage, that one party is seeking to repudiate the contract and that as the two parties belong to different communities their rights should be administered according to the law of the defendant. we .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-28-1946
..... were stipulated. petitioner is a maryland corporation "having its principal office, place of business and a manufacturing plant" in baltimore. it is there engaged in "commercial and industrial wiring, electrical contracting, and dealing in electrical motors and generators, for private, commercial, and industrial uses." petitioner had "approximately 1,000 active accounts . . . 99 percent of which are commercial or industrial firms." its ..... the fourth circuit syllabus petitioner, a maryland corporation having its principal office, place of business and a manufacturing plant in baltimore, is engaged there in commercial and industrial wiring, electrical contracting, and dealing in electrical motors and generators for private, commercial, and industrial uses. it had approximately 1,000 active accounts, 99% of which were commercial or industrial firms. of its .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-09-1946
Reported in : AIR1947Bom33; (1946)48BOMLR616
..... of his property was assumed. also the filing of an appeal by him or his representation in an appeal filed by his opponent usually will be matters requiring contracts by him involving him in pecuniary liability. again, by reason of section 34, every process issued against any government ward is to be served on the ..... two before the formal order by which superintendence is assumed. by reason of section 37 of the act, a government ward is incompetent to enter into any contract which may involve him in pecuniary liability, and it is very difficult to understand how a government ward under this disability ordinarily will be in a position ..... his property or any part thereof (except such interest as may be created by a will made in accordance with section 38), or to enter into any contract which may involve him in pecuniary liability; and no suit shall be brought in any civil court whereby to charge any person upon any promise made after he ..... has ceased to be a government ward to pay any debt contracted during the period when he was a government ward, or upon any ratification made after he has ceased to be a government ward of any promise or ..... contract made during the period aforesaid, whether there is or is not any new consideration for such promise or ratification.3. there can be no doubt .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-29-1946
Reported in : AIR1947Bom255; (1946)48BOMLR795
..... mohammad akbar khan v. attar singh (1988) l.r. 631, a. 279 . in actual practice it is often difficult to determine whether a given monetary transaction is a contract of loan or a contract of deposit in trust. a mere deposit of money does not necessarily create a fiduciary relation. as pointed out by candy j. in dorabji jehangir v. muncherji bomanji ..... the new trustees inserted in their place. the suit then proceeded to trial and it was held that the four original trustees were personally liable under the terms of the contract. hence the islaim against the new trustees was dismissed and a decreee was passed against the respondent alone as guarantor. in appeal, the respondent contended that he had been discharged ..... council in. mahant singh v. u ba yi 41 bom. l.r. 742.3. the facts of that case were peculiar. the four trustees of a pagoda had given a contract to the plaintiff, and the respondent had stood surety for the trustees for payment of the contractor's dues. the contractor sued to recover his dues from all the five .....Tag this Judgment!