Court : Chennai
Decided on : Aug-17-1950
Reported in : AIR1951Mad870; (1951)IMLJ518
..... is, i think, this : that he is to be paid adequate compensation in money for the loss of that which he would have received had his contract been kept, & no more.'the passage cited does, no doubt, draw a distinction between the two forms of action--in delicto & in contractu--arising out ..... the present case is not, strictly speaking, necessary in the sense indicated in the passage quoted & cannot be allowed to be imported into the interpretation of the contract of service between the pltf. & the deft.3. the two main contentions for the applt. before me have been (1) that the office of the ..... . falls to be considered as at all relevant to the present case. the rule asto implication of terms not expressly found in a contract is stated thus in halsbury's law ofengland, edn. 2 vol. vii, at p. 322 : 'such an implication must in all cases be founded on ..... been adduced & canvassed, had it been appropiately raised. moreover, i am not satisfied prima facie that any such term can be implied by the ct. into the contract of service in the present case & any question of honesty & good faith about the conduct of the vice-chancellor & the syndicate in suspending & dismissing the pltf ..... applied,'the learned counsel in the later stages of the argument gave up such stress, maintaining only that, if as also contended by him, the contract of service in the present case is to be regarded as containing an implied term that the deft. should have the power to dismiss the pltf. .....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 : 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 : 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 : 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 : Kolkata
Decided on : May-22-1950
Reported in : AIR1952Cal397
..... express terms contemplated such-an event & provided against it. in this case, however,- requisition, was not made during the period of performance. it will be remembered that in the contract no time had been fixed for performance & therefore performance had to be completed within a reasonable time. the correspondence shows that the deft, had been postponing taking of delivery from ..... parties to performance notwithstanding the supervening event may occur. discharge by supervening impossibility, is not a common law rule of general application, like discharge by supervening illegality; whether the contract is terminated or not depends on its terms & the surrounding circumstances in each case. every case in this branch of the law can be stated as turning on the question ..... were framed:'1. what were the terms of the contract between the parties?2. was the plff. under any obligation to arrange for wagons or permits?3. was the deft, company bound to make diligent efforts to secure wagons? ..... reason of the fact that the govt. of bihar requisitioned 12,500 maunds of rice lying with the mills which included the rice which was the subject matter of the contract in this suit, & alternatively, that the time for performance or delivery was reasonably extended. the company denied liability & challenged the basis of calculation of damages.5. the following issues .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-04-1950
Reported in : AIR1951SC23; 19ITR132(SC); 2SCR1
..... is not an action for unliquidated damages but for liquidated sum of money. a breach of trust is certainly an actionable wrong independent of contract and the beneficiaries can claim compensation if the trustee has misappropriated trust property; but as the claim cannot be for unliquidated damages, it ..... it is really this characteristic that differentiates a tort from other forms of civil injury or actionable wrong even though the latter are unconnected with any contract. there may be other remedies besides damages available to the plaintiff against a tortfeasor in the shape of restitution, injunction, etc., but no 'civil ..... a party who failed to perform his agreement on the ground that such failure amounted to a wrong in the nature of deceit [vide pollock on contract, 12th edition, p. 111; winfield on tort pp. 3-4 (4th edition)]. 77. when the principles of substantive law gradually extricated themselves ..... ) where immediately before the appointed day the governor-general in council is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall, - (a) where the cause of action arose wholly within the territories which, as from that day, are the territories of ..... day the province of bengal is subject to any such liability (i.e., 'any liability in respect of an actionable wrong other than breach of contract') referred to in sub-section (1) that liability shall, where the cause of action arose wholly within the territories which, as from that .....Tag this Judgment!
Court : Chennai
Decided on : Apr-03-1950
Reported in : AIR1951Mad12; (1950)IIMLJ818
..... v. ramaswami mudaliar, 44 mad. 399 : (62 i. c. 354), mopurappa v. ramaswami gramani : air1934mad418 . while discarding the english doctrine of an equitable interest arising from a contract for the sale of immovable property, the legislature, perhaps unconsciously, adopted the equitable doctrine with reference to agreements to leases not only by omitting to enact a provision similar to ..... affected by the agreement long since passed out of the picture, and, the only claim in these proceedings is a personal one for damages for breach of an admitted contract against an alleged undisclosed principal who denies he was a principal.' two principles, therefore, emerge from this passage. firstly, unless the document is the foundation of a ..... possession of the villages. on 28-4-1890 theplaintiff demanded the defendant by a notice toregister the kabuliat and execute a cowle. thedefendant without carrying out the terms ofthe contract cancelled the lease without anyexcuse. the plaintiff thereupon instituted asuit for recovery of damages. the defendanthimself produced in evidence the kabuliat andthe other documents, which the plaintiff wantedto ..... immediate interest in the property, are admissible in evidence to prove an agreement to transfer, in a suit for specific performance, or as evidence of part performance of a contract, or as evidence of a collateral transaction. the decisions, therefore, which are by no meansunanimous and pronounced before 1929 to the contrary must all be taken to have .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-08-1950
..... of said plant, including the training of operating personnel . . . but excluding the procurement and supervision of the installation of manufacturing facilities (to be done, under a like contract, by the contractor's parent corporation, western cartridge company), and operate said plant. . . ." (emphasis supplied.) it would have been simple for the government to have ordered ..... (a) the congress hereby finds that the fair labor standards act of 1938, as amended, has been interpreted judicially in disregard of long established customs, practices, and contracts between employers and employees, thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation, upon employers, with the results that, if said act as so interpreted ..... and services heretofore and hereafter purchased by its various departments and agencies would be unreasonably increased and the public treasury would be seriously affected by consequent increased cost of war contracts . . ." " * * * *" "the congress further finds and declares that all of the results which have arisen or may arise under the fair labor standards act of ..... the plant, including labor costs. the contractor was even allowed costs of production of munitions that did not meet specifications and could not be used. the government contracted for electric power, telephone, teletype, and telegraph services itself and paid the bills directly, and provided employees traveling on business with tax-free transportation tickets. at .....Tag this Judgment!
Court : Chennai
Decided on : Feb-27-1950
Reported in : AIR1951Mad222; (1950)2MLJ317
..... whether the learned judges who decided raja chetti v. jagannathadas govindas : (1949)2mlj694 , would have held in such circumstances that the tenant had validly contracted himself out of the right to a fair rent and immunity from eviction conferred on him by the act. be it as it may, waiver as ..... operate to curtail the rights and privileges conferred upon him by the act. but sections 6 and 7 of the act prevent a tenant from contracting out of the terms of those sections and depriving himself of the right to insist on a fair rent and the right to continue in possession ..... control order, 1942. section 3of the control order provided for an application to the rent controller to determine the fair rent in cases where the contract rate of rent waa found to be excessive, and empowered the rent controller to fix a fair rent. though section 3 did not in terms, ..... ), hereinafter referred to as 'the act,' embodies a compromise between two well-recognised and occasionally conflicting principles, namely, the freedom of citizens to enter into contracts and the duty of the state to prevent the oppreasive exploitation of large sections of the public by a few individuals. the act was a measure intended ..... by my learned brother whether the decision in raja chetti's case. : air1950mad284 would impliedly lead to the conclusion that the tenant can also contract himself out of the benefits conferred on him by the act by taking a lease after the act containing terms and conditions which operate to curtail .....Tag this Judgment!