Court : Mumbai
Decided on : Sep-12-1950
Reported in : AIR1951Bom358; (1951)53BOMLR282; ILR1951Bom492
..... & the person affected would have a cause of action to have it declared that the resolution was invalidly passed & bis position under the contract was not affected by any such invalid resolution. the position, however, as it obtains here is that of a particular amendment to a resolution ..... acted as managing director for 11 years & was remunerated in accordance with the terms set out in the articles, the articles constitute an implied contract between the company & the shareholder so as to entitle him to the declaration that he was the managing director of the company.' here again ..... they are alterable from time to time without any assenton the part of govt. servants, which could not be done if they were part of a contract with those servants. . . no authority, legal or constitutional, has been produced to countenance the doctrine that persons taking service with a colonial govt. ..... non-compliance with the rules framed under section 96b relating tc conditions of service did not comprise any breach of a term of the contract of service but was merely non-compliance with the directions given by the crown to the administrative authorities for their general guidance & brought ..... dr. smith held office in the govt. medical service in western australia & relied upon certain rules & regulations of the service as an essential part of his contract of service. he was dismissed & brought an action for damage which failed. upon appeal to her majesty in council, lord hobhouse, in giving their lordships' .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-05-1950
..... to michigan-wisconsin pipe line company on november 30, 1946, whatever the date of its order, for purposes of computation of time for rehearing. the crucial clause of the contract refers to "the issuance of such certificate (of public convenience and necessity)." by their inclusion of a provision dependent upon the action of a federal agency, it is ..... but the actual content of the order was not made public until december 2, 1946. petitioners severally, on december 2, 1946, gave notice to phillips of termination of their contracts on the ground that michigan-wisconsin had not received a certificate of public convenience and necessity. thereupon michigan-wisconsin and phillips brought suit against petitioners in the district court for ..... [october 1, 1946] a certificate of public convenience and necessity for the construction and operation of its pipeline, seller [a petitioner] shall have the right to terminate this contract by written notice to buyer [phillips] delivered to buyer at any time after december 1, 1946, but before the issuance of such certificate." the legal significance of this provision ..... 1945, whereby the latter undertook to make available gas from the hugoton gas field, sprawling over kansas, oklahoma, and texas, which it produced or purchased from others. phillips had contracted with petitioners, skelly oil company, stanolind oil and gas company, and magnolia petroleum company, to purchase gas produced by them in the hugoton field for resale to michigan-wisconsin. .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-02-1950
Reported in : AIR1951Bom226; (1950)52BOMLR774; ILR1950Bom777
..... alienee or the auction-purchaser is whether he has provided consideration for the same. whether it is a transaction brought about as a result of a contract entered into between the alienor and the alienee or is the result of the party being an auction-purchaser at an auction sale held at the ..... in possession of an alienee by private contract and the purchaser at the auction-sale was not arguedbefore the learned judges of the appeal court in the eases which are reported in panduranganandrav's case ..... enunciation of the position in law as laying down the rights of a mortgagee or a purchaser, the purchaser being either a purchaser by reason of a contract withthe coparcener himself or by way of execution. mr. r. b. kotwal for the appellants tried to suggest that this point as to the property ..... delivered by the appeal bench consisting of west and nanabhai haridaa jj. the case before the appeal court was not that of an alienee by private contract from the alienating coparcener but was the case of a purchaser at an auction sale held at his instance in execution of a decree which hehad obtained ..... this behalf was negatived by the court the learned judges of the madras high court based their decision on the consideration that there was no privity of contract between the auction-purchaser and the judgment-debtor. they observed that under the old civil p. c. if the purchaser had reason to believe that .....Tag this Judgment!
Court : Chennai
Decided on : Dec-08-1950
Reported in : AIR1952Mad481; 21CompCas138(Mad)
..... carry interest did not alter its character. 11. section 282-b (1), companies act makes the position as regards such moneys or securities deposited by employees in pursuance of their contracts of service clear & it is provided that such moneys should be kept or deposited by the company in a special account in a scheduled bank & that no portion thereof shall ..... be utilised by the company except for the purposes agreed to in the contract of service & any director or other officer of the company contravening the provisions of that section is liable on conviction to a fine not exceeding rs. 500. since the bank ..... point raised in this application. the question that arose for consideration there was about the nature of a deposit made by a selling agent of the company's goods. the contract of agency provided for a security deposit of rs. 10500 carrying interest at the rate of 3 per cent, per annum. there was a provision in the agreement that the ..... the directors, is, in common with his co-directors, liable. it was his duty to see that the investments were made in accordance with the resolution & clauses of the partnership contract, & his not attending to it was a breach of trust to the company for which he was acting as a director; and a breach of trust in respect of which .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-05-1950
Reported in : AIR1950SC272; (1950)IIMLJ350(SC); 1SCR548
..... the other hand, its proper construction and the surrounding circumstances lead to the conclusion that the parties did not intend to do so, then, there being no express bargain, the contract to create the mortgage arises by implication of the law from the deposit itself with the requisite intention, and the document, being merely evidential does not require registration. 5. there ..... a security thereon.' that is to say, when the debtor deposits with the creditor the title deeds of his property with intent to create a security, the law implies a contract between the parties to create a mortgage and no registered instrument is required under section 59 as in other forms of mortgage. but if the parties choose to reduce the ..... contract to writing, the implication is excluded by their express bargain, and the document will be the sole evidence of its terms. in such a case the deposit and the document .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-28-1950
Reported in : AIR1951Raj50
..... principal in saving limitation.'2. i respectfully agree with the view taken in this judgment and hold that the word 'detor' connotes not only the person who contracted the debt but also his son in his capacity as his legal representative and, therefore, is liable to pay the debt, that is, the person against ..... the word 'debtor' was intended to connote not only this person who contracted the debt but his legal representative and in the case of a debt charged on land the parson who derived title from him; in short the person ..... to pay.' so far as the part payment of principal is concerned, the section specifically says, 'the debtor.' literally construed, it would mean the person who contracted the debt. we do not think that the legislature intended by the use of the word 'debtor' to have that restricted interpretation. it would seem to us that ..... , the son could by no means be said to be the debtor. if any payment is made by the son during the lifetime of the father, who alone has contracted the debt, since it is not a payment by the debtor, it cannot save limitation. sukumari gupta v. dhirendra nath, a. i. r. (28) 1941 cal ..... is in any way different from. the term debtor as it occurs in para. 2 of that section. in the case of a debt which was originally contracted by the father, on the death of the latter, the son becomes substantially the debtor and is therefore, 'the person liable to pay the debt,' these .....Tag this Judgment!
Court : Chennai
Decided on : Aug-16-1950
Reported in : AIR1951Mad107; (1951)IMLJ153
..... learned judges gave the follow-ing two reasons for not accepting the literal interpretation. (1) the section cannot be readas imposing a personal liability regardless of the nature of the contract in which the debt is embodied. (2) the apportionment of joint liability between agriculturists & non-agriculturistsis really not a matter arising with reference tothe personal liability of the actual executants ..... section the words 'in respect of his ortheir share.' i do not think that by giving theliteral interpretation the ct. is imposing any personal liability, regardless of the nature ofthe contract in which the debt is embodied. the section cannot be understood to impose a personal liability where there is none, but onlyto cover those oases where personal liabilityexisted either under ..... a contract or in law. 17. the second reason also does not appearto me to be sound. the splitting up of the debt provided under the section depends upon thenature of the ..... the creditor seeks to execute the personal decree obtained by him against the non-agriculturist member, as it does not purport to deal or provide for obligations arising out of contracts personally entered into by the members of the family. this result he bases upon the words: 'in respect of a family debt' within the section & on the words 'against .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-19-1950
Reported in : AIR1952Cal315
..... his behalf that the application is misconceived inasmuch as it seeks to enforce an alleged agreement (which is denied) to enter into another agreement. it is contended next that the contract, if any, being one for personal services, cannot be specifically enforced. it is also said that there was no consideration for the alleged agreement & that the same was, in ..... the meantime, proceed to make all preparations necessary for the next term. on 17-10-1949 the applicants received an official communication from the chief commercial manager saying - 'the hew contract is being drawn up, a copy will be sent to you later.' thereupon the applicants made all preparations necessary for the next term of three years, imported & purchased all ..... from time to time as a matter of course.4. it is said that on the applicants insisting upon the said agreement or arrangement being incorporated into the then next contract, the said administration, in order to remove the feeling of insecurity on the part of the applicants, convened a meeting of the various divislpnal superintendents'of the said administration. ..... the growing requirements of the said railway administration. it is the applicants' case that in or about 1928 they asked that subject to their services being satisfactory, the periodical catering contracts should thenceforward stand on a permanent basis with regard to renewals thereof, so that they could continue & improve their services by malting further investments & thus pursue a policy of' .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-13-1950
..... of this case, it is sufficient to note that there, the pennsylvania court emphasized that the shipment came into this country on a through bill of lading from canada. the contract of carriage did not terminate at the border, as in the instant case. nor does mexican light & power co. v. texas mexican r. co., 331 u. s. 731 , aid respondent ..... of the journey terminated at the border of the united states. the obligation as receiving carrier originated when respondent issued its original through bill of lading at new orleans. that contract of carriage was squarely within the provisions of the statute. the case of alwine v. pennsylvania r. co., 141 pa.super. 558, 15 a.2d 507, much relied upon by ..... different. if the various parties dealing with this shipment separated the carriage into distinct portions by their contracts, it is not for courts judicially to meld the portions into something they are not. the test is not where the shipment originated, but where the obligation of the carrier ..... from buenos aires to boston. the record does not show the slightest privity between respondent and the ocean carrier. the contract for ocean transportation terminated at new orleans. having terminated, nothing of it remained for the new, separate, and distinct domestic contract of carriage to "supplement." even the parties to the ocean bill of lading and the domestic bill of lading were .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-16-1950
Reported in : AIR1951Bom14; (1950)52BOMLR876; ILR1951Bom279
..... matrimonial court set up under that act can have no jurisdiction over him.3. it is unnecessary for us to express any opinion as to whether the marriage which was contracted by the parties is a valid marriage. it would depend upon whether the marriage was valid according to zoroastrian rites, both the parties being zoroastrians. but if the marriage was ..... iii  of 1936, as its preamble shows, was intended to regulate marriages and divorce among parsis. marriage itself under that act is defined as a marriage between parsis whether contracted before or after the commencement of the act. mr. lobo has drawn our attention to section 1(2) of the act which provides that the act extends to the whole ..... difficulty which presents itself to the plaintiff in limine, and that difficulty is as to whether the defendant is a parsi zoroastrian to whom the act would apply, who could contract the marriage under the parsi marriage and divorce act or who could be sued in a special court set up by that act with regard to obligations arising under the ..... jurisdiction or not was that of domicile and not of residence. the learned judge took the view that although the construction of the marriage contract depended upon lex loci contractus, the rights and obligations arising under the marriage contract were governed by the lex domioilli, and as the defendant was not domiciled in india, but was domiciled in persia, the suit filed .....Tag this Judgment!