Court : Chennai
Decided on : Apr-14-1950
Reported in : AIR1951Mad431; (1950)2MLJ597
..... doctrine of part performance, even though no conveyance had been executed. section 53a, t. p. act, dealing with part performance postulates a valid contract between the parties for the transfer of immovable property.6. the doctrine of mutuality as developed by english decisions with its deceptive appear, ance of ..... the minor's estate on a guardian's contract without being obliged to depend on a subrogation to the guardian's right of indemnity or reimbursement, whether the contract was one for necessaries supplied to the minor or whether the liability under the contract was one to which the minor's estate ..... what the minor cannot do directly by entering into a contract and the creditor can make the minor's estate liable not on the contract of the guardian, but on the principle of subrogation to the guardian's right of reimbursement or indemnity. this was the view of wallis c. j., in ..... bama jogayya v. jagannathan, 42 mad. 185: a. i. r. 1919 mad. 641 , fazl ali j. (at p. 299), was also of the opinion that the guardian of a hindu minor could not make contracts on behalf ..... was liable under hindu law.11. the distinction between the liability of a minor's estate under a mortgage or charge created by a guardian and a liability arising out of a contract .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-07-1950
Reported in : AIR1950Cal548,54CWN716
..... ltd. applied to the court to add the appellant as a party and claimed the tight of indemnity against the appellant. it was not for the appellant to prove that the work which he contracted to do was not ordinarily the kind of work performed by the national sheet and metal works ..... not challenged that finding. indeed they accepted the position that they were liable throughout the proceedings and only claimed that they were entitled to an indemnity. it is quite impossible to interfere with the order for compensation made by the commissioner against the respondents, the national sheet and metal works limited ..... appellant, opposite party no. 2, was liable to indemnify opposite party no. 1, the respondent national sheet and metal works ltd. 7. the right of indemnity arises under sub-section (2) of section 12, if the case falls within sub-section (1) of section 12. that sub-section is in these terms ..... workman to prove that the work done by the appellant under the contract was work which ordinarily formed the whole or part of the national sheet and metal works ltd's business, that fact having been established, a right of indemnity would arise. but it appears to me that the court could ..... not possibly hold in this case that section 12 applied at all. 14. the commissioner in his judgment disposes of the point in a somewhat summary manner. he observes in his judgment as follows : 'opposite party no. 2 admits that he accepted a contract .....Tag this Judgment!
Court : Chennai
Decided on : Mar-24-1950
Reported in : AIR1951Mad239; (1950)2MLJ438
..... between other contri-butories only in the proportion of the benefits which each one of them has received at the time of the original contract. section 43, contract act did not envisage such a contingency, it seems to be a causus omissus. it only speaks of the liability of all the ..... of a common burthen, and has no existence whatever, inchoate or complete, till the payment ia made. it is not, therefore, affected by what affectes the contract. that rule was necessarily the consequence of dering v. winchelsea, (1787) 1 cox. 318 : 2 bos. and p. 270 because in that case the ..... one of the joint contributors has not paid and the others have to pay that sum though those others received the benefits in the original contract in unequal proportions. there is not direct authority so far as our attention has been invited to in the indian courts except certain observations contained ..... was between the contributories themselves in proportion of the benefit enjoyed by each one of them. he relies upon the third paragraph of section 43, contract act, which lays down that it any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear ..... then it follows that the implied obligation of the principal debtor under the contract of guarantee to keep the guarantor indemnified from any loss or damage would displace or be available to be set off against the other implication of indemnity.' this is direct authority for holding that since defendant 5 was only .....Tag this Judgment!
Court : Chennai
Decided on : Aug-16-1950
Reported in : AIR1951Mad48; (1950)2MLJ472
..... amended under section 19, madras agriculturists' relief act, and the amount recoverable by a plaintiff from the principal debtor is diminished in appeal, the surety's engagement, being one of indemnity, would diminish in like proportion; and if the sum recoverable from the principal debtor becomes zero, under the amended decree the surety's liability would also be reduced to nothing ..... , are the plaintiffs entitled to proceed against the surety they are not. to my mind, the question does not admit of any doubt. cunningham and shephard in their 'indian contract' quote the following passage from pothiar when dealing with section 134 : 'it results from the definition of a surety's engagement as being accessory to a principal obligation that the ..... to the principal debtor and which do not maintain the benefit under the madras agriculturists' relief. act given to the surety by adding to or amending the sections of the contract act or even the section of the madras agriculturists' relief act. according to him, this also shows that the madras agriculturists' relief. act never intended to extinguish the debt ..... onanson's observations:'at common law lapse of time does not affect contractual rights. such rights are of a permanent and indestructible character unless either from this nature of the contract or from its terms it be limited in point of duration. but though the rights possess this permanent character, the remedies arising from their violation are by various statutory provisions .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-21-1950
Reported in : AIR1951SC144; (1951)53BOMLR472; (1951)IMLJ314(SC); 1SCR979; SuppSCR979
..... agreement they had failed to insure the goods. they contended that owing to this negligence and misconduct the plaintiffs were not entitled to the indemnity claimed. in the alternative they contended that the plaintiffs were liable to make good the loss caused to the defendants by their failure to insure ..... not be fair or reasonable to had the defendant responsible for losses which he could not be taken to contemplate as likely to result from his breach of contract. viscount haldane l.c. in the british westinghouse electric & . v. the underground electric railways co. of london  a.c. 678, 689 ..... insured. the second contention is that the counter-claim of the respondents is barred under section 18(2) of the ordinance. in the indian contract act, sections 211 and 212 provide for the consequences of an agent acting otherwise than according to his duty towards the principal. under section 211 ..... that the intervention of government in passing this ordinance could not increase or add to the liability of the appellants for the breach of contract or breach of duty and therefore they were not liable to pay the compensation which would have been receivable by the respondents if the ..... the workmen's compensation act, 1923 (viii of 1923), or under any policy of life insurance or against personal accident or under any other contract or scheme providing for the payment of compensation for death or personal injury, or for damage to property under any policy of marine or miscellaneous insurance .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-05-1950
Reported in : AIR1951Raj58
..... learned counsel for the applicant also. he has, however, argued that the learned civil judge did not at all apply his mind to the provisions of sections 192 and 193, contract act, and consequently acted illegally in the exercise of his jurisdiction. from a careful reading of the judgment, i find that the learned civil judge has not at all considered ..... privity of contrast between the parties. the applicant was only a sub agent of laxami narain who was in the position of an agent of the plaintiff. under section 192, contract act, where a sub-agent is properly appointed, he is responsible for his acts to the agent, but not to the principal, except in case of fraud or wilful wrong ..... with interest at the rate of re 1% per mensem. the total amount claimed was rs. 193-7-6.2. the main defence was that there was no privity of contract between the plaintiff and the defendant. the learned munsif karauli held this point in favour of the defendant and dismissed the suit. on appeal, the learned civil judge held that .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-02-1950
Reported in : AIR1951All860
..... was sent to the defts., who acknowledged receipt of the same direct to the plff. the plff. then wrote a letter to the defts and the contract was thus finalised. it was held that the indent form signed by the plff. was part of the offer which was accepted by the defendants and ..... document containing all the terms is sufficient.' the letter accepting the indent was, therefore, held to be sufficient acceptance of the terms embodied in the indent contract. it was further held:'all that is required is that both parties accept a written document as containing the agreed terms : it might be in ..... shankarlal lachhi narain's case (63 all. 384) the facts were similar to those in sukhmal bansidhar's case (42 all. 525). there also the contract was entered into by one party signing an indent on the form, prescribed by the delhi piece goods association as in the other cases the other party ..... invoices or indents, and the acceptances, the submission is clear and binding upon both the parties.' in the present case, the documents relating to the contract are not before us; and the opposite party relies upon the rules and bye-laws of the chamber, supported by the oral agreement and they do ..... for reference to arbitration; that the award was vitiated owing to misconduct; and that the transaction between the parties was in the nature of a wagering contract.2. the learned munsif found that there was no valid agreement between the parties to refer the dispute to arbitration and rejected the petition filed by .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-22-1950
Reported in : AIR1952Bom349; (1952)54BOMLR367
..... bye-law 65-a, you will then be bound by the provisions of the bye-law as between you and we. if this contract is a contract of purchase and if between us and other members of the east india cotton association limited, we become the last buyers, unless we ..... referred to intimations being sent by telegram, and especially to the last two clauses of the form in the following form; 'if this contract is a contract of sale, then if between us and other members of the east india cotton association we become, under the bye-laws, the first ..... have, in the absence of form prescribed. this court cannot proceed upon the ground that even though the petitioner failed to render a contract note, a contract note duly stamped and executed in the form provided must be deemed to exist and the rights of the parties must be governed thereby ..... the respondents have filed a detailed affidavit controverting the allegations and submissions. they denied the allegation of collusion with ramanlai, and asserted that the contracts were valid contracts in respect of which there existed arbitration agreements which were enforceable, and that the arbitration agreements were valid in law, and no question relating ..... entered, the letters of confirmation merely purport to give intimation that certain transactions in cotton have been effected, in pursuance of a pre-existing contract. again, the letters of confirmation which are collectively put in and marked ex. 5 do not substantially conform to the requirements of the official .....Tag this Judgment!
Court : Chennai
Decided on : Dec-01-1950
Reported in : AIR1951Mad917; (1951)IMLJ596
..... price thereof. c afterwards conveyed his undivided half to s, subject to the mortgage, which s assumed & agreed to pay, & gave to c a bond of indemnity against the same. s subsequetly conveyed the lot to a grantee with full covenants of warrantee & against incumbrances, & then became insolvent & left the state, having failed ..... original mortgagor but also extended to the case of any purchaser of the equity of redemption or incumbrancer who discharges a prior incumbrance which he is by contract, express or implied, bound to discharge & even to the case of a transferee from the purchaser with notice of the covenant.26. in order ..... the charge of the mortgage upon the land; & that c's rights were not affected by the fact that he had taken a bond of indemnity from s, for, as s was insolvent, his sureties on that bond might well insist that the land should be first resorted to for the ..... & demanded an assignment of the note & mortgage to a third person for his benefit, so that he might enforce them against the land for his indemnity, but the mortgagees refused to make such an assignment. it was held, on a bill in equity then brought by c against the mortgagee & the grantee ..... assignment of the security traceable to presumed intent in the case of the legal subrogation a fiction similar to that of a quasi contract underlying sections 69 & 70 of the indian contract act--& on the 'fact' of such assignment attributable to an express covenant with the party interested--the original creditor or the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-12-1950
Reported in : 23CompCas124(Bom)
..... raise the question of laches and acquiescence, in other words, estoppel in connection with each of the parties, and therefore, the efficacy of each contract would depend upon different facts and different conduct of parties, vis-a-vis the company, and the conduct of the company qua each shareholder. besides ..... and any person acts in contravention of the provisions of this sub-section, is liable to a fine. therefore, the issuing of these forms makes the contract void, inasmuch as section 96 contemplates a counterpart of what follows, namely, allotment, and that, if the first part, namely, and the sequel to ..... been induced to apply for shares by fraudulent misrepresentations contained in the promoters' prospectus, is not entitled after the winding up to rescind his contract to take the shares, even if the assets in the hands of the liquidators are sufficient to pay in full the whole liabilities of the ..... observations which will shorten the discussion on the different issues. it is apparent that it is nowhere alleged in the plaint that this contract, which is a voidable contract, has bene avoided by the plaintiffs or any other members of the class of shareholders they represent by the due notice. as ..... not entitled to maintain this suit. as regards the allotment of shares, it is said the plaintiffs are estopped by laches and acquiescence from avoiding the contracts. 13. numerous issues were raised, namely, 16 issues, but the main issues are, issue no. 1 - whether the suit is bad for .....Tag this Judgment!