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!
Court : Orissa
Decided on : Nov-23-1950
Reported in : AIR1953Ori105
..... the stipulation that payments already made might, on forfeiture, be retained, was really a stipulation for penalty, and should be relieved against. they, however, reversed the decision cancelling the contract and ordered specific performance. on these facts, their lordships of the privy council held:'as to the relief from forfeiture, their lordships think that the supreme court were right in ..... reported in -- 'steedman v. drinkle', air 1915 p c 94 affords a clear and cogent illustration that notwithstanding the plaintiffs' failure to secure the relief of specific performance of contract of which time was of the essence, they can be relieved from forfeiture of the earnest money. in that case, plaintiffs-respondents brought an action claiming specific performance and in ..... andmotivated by their own construction of the original agreement that it was at an end dueto plaintiffs' failure to further the steps towards its perfection, had entered into a contract with banarasi dei and had received money in advance as earnest money for sale of the identical property. it appears from the decision of the arbitrators that the defendants were ..... limits as being subordinate to the main purpose of the parties, and it will enjoin specific performance notwithstanding that from the point of view of a court of law the contract has not been literally performed by the plaintiff, as regards the time limit specified. this is merely an illustration of the general principle of disregarding the letter for the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-19-1950
Reported in : AIR1950SC27; 1950CriLJ1383; (1950)IIMLJ42(SC); 1SCR88
..... to the state legislatures and the congress [vide kelley and harbinson on the american constitution, p. 539]. to what extent the courts laid stress upon the doctrine of freedom of contract is illustrated in the case of lochner v. new york 198 u.s. 45. in that case the question arose as to the validity of a labour legislation which prohibited ..... the court, observed as follows : 'in each case the violation alleged by those attacking minimum wage regulation for women is deprivation of freedom of contract. what is the freedom the constitution does not speak of freedom of contract. it speaks of liberty and prohibits the deprivation of liberty without due process of law. in prohibiting that deprivation the constitution does not recognise .....Tag this Judgment!
Court : Chennai
Decided on : Mar-27-1950
Reported in : AIR1951Mad1015
..... act 1904-1928 penalizes any breach or non-observance of an award, and, inasmuch as the award in this case commanded performance of the applicant's contract, his neglect to fulfil it would constitute an offence under this provision. the same acts or omissions were therefore made subject to the penal sanctions of ..... following terms: 'when a statute is adjudged to be unconstitutional it is as if it had never been. rights cannot be built up under it; contracts which depend upon it for their consideration are void; it constitutes a protection to no one which has acted under it, and no one can be ..... is no collision between an intention to deal exclusively with disobedience of awards and a law for the punishment of breach of contract. the federal instrument, which prescribes performance of the shearers' contract of service, is the award of the commonwealth. court of conciliation and arbitration. but unlawful as it is to depart from ..... to govern the same conduct or matter. but in the present case, conduct which the state law prescribes, namely, the performance of contracts of service, is a matter with which the commonwealth. parliament has not itself attempted to deal. although neglect by a shearer to perform such a ..... contract constitutes an offence against federal law, this does not arise from any statement by the federal legislature of what the law shall be upon .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-20-1950
Reported in : AIR1950All508
..... managing directors and other directors committed any breach of rules, the shareholders may have other remedy against them but not that of rescinding the contract of purchase of shares. they might have acted dishonestly and inefficiently and filed false declarations before the registrar, but even that would not entitle ..... names and addresses of the vendors of any property purchased or acquired by the company, and the debts of, and parties to, every material contract. the prospectus does not contain this information. but there is no penalty prescribed in the act for non-compliance with the provisions of section ..... held that the prospectus did not announce to the public in clear and unequivocal language that the promoters of the company actually possessed, or had contracted for the possession of 6 ships of the description mentioned. his 'lordship observed at p. 475 :'there is a material distinction between the employment ..... the company. in smith's case: (1867)-2 ch, a. 604) the prospectus contained the statement that the property which the company had contracted for consisted of 50 acres of land 'containing several very valuable claims, some of which are in full operation, and making large daily returns.' ..... the suits were contested by the opposite parties. the grounds with which we are concerned in these applications were (1) that the original contract for the purchase of the shares was procured by the promoters of the company by fraudulent misrepresentation, (2) that the promises held out to .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-20-1950
Reported in : AIR1952Cal294
..... this point is this: by section 3(c)(ii),'notwithstanding anything contained in any other law for the time being in force, every such contract (meaning a contract which comes within the purview of the ordinance) made prior to the date of publication of the' notification shall be varied & settled ..... outbreak of war the defts. were unable to ship the sugar, & the piffs. brought an action against the defts., claiming a declaration that the contracts were suspended or dissolved & an injunction restraining the defts. from proceeding with arbitration. on an application by the defts. for an order that the ..... in the weekly notes cases, the facts were very simple. there it was alleged by the petitioner in those cases that the parties entered into the contracts on the basis & subject to the condition that the jute price control order would be continued after september, 1946, & the rights & obligations of ..... to be the closing rate of such market immediately preceding the date of publication of the notification under sub-section (1) prohibiting the making of contracts relating to jute goods futures; &(b) 'notified market' means a jute goods futures market recognised by the provincial govt. by notification in the ..... to be exercised: one, the court should not lightly release the parties from their bargain; that follows from the sanctity the court attaches to contracts; the other, that the court should be satisfied that a substantial miscarriage of justice will take place in the event of its refusal to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-27-1950
..... by the agreement -- the wife's assumption of a $47,650 indebtedness of her husband -- was not incorporated into the divorce decree, and therefore is presumably enforceable only under the contract. if enforceability under the decree is the criterion, a gift tax is due to the extent this indebtedness is reflected in the amount determined by the commissioner to represent the ..... or agreement' as upon the decree; indeed, they were 'founded' upon both; the parties chose to submit themselves to two sanctions -- contempt under the divorce court and execution under the contract. the payments were therefore subject to the gift tax." 178 f.2d 861, 865. i would affirm the judgment. [ footnote 2/1 ] the merrill settlement did not involve release of ..... fortiori "founded upon" that agreement? judge learned hand's treatment of this matter is so hardheaded and convincing that it would be idle to paraphrase his views. "in some jurisdictions contracts made in anticipation of a divorce are held to persist ex proprio vigore after the divorce decree has incorporated their terms, and has added its sanctions to those available in ..... allowed in the case of claims against the estate, unpaid mortgages, or any indebtedness shall, when founded upon a promise or agreement, be limited to the extent that they were contracted bona fide and for an adequate and full consideration in money or money's worth. . . . for the purposes of this subchapter, a relinquishment or promised relinquishment of dower, curtesy, or .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-09-1950
..... representative, whose decision shall be final and conclusive upon the parties thereto. in the meantime, the contractor shall diligently proceed with the work as directed." article 15 of the contract. [ footnote 3 ] these and other representations in the petition for certiorari in this case are substantially identical with representations made by the solicitor general in asking this court ..... legislative branch of government. second. we turn to the contract to determine whether the parties did show an intent to authorize final determinations by the secretary of war or his representatives in this type of controversy. if the ..... to a plain intent of parties to adopt this method for settlement of their disputes. nor should such an agreement of parties be frustrated by judicial "interpretation" of contracts. if parties competent to decide for themselves are to be deprived of the privilege of making such anticipatory provisions for settlement of disputes, this deprivation should come from the ..... that the total effect of the decisions was to "add further doubt and confusion to the authority of designated officers of the united states to make final decisions under government contracts. [ footnote 3 ]" we granted certiorari. 338 u.s. 810. first. contractual provisions such as these have long been used by the government. no congressional enactment condemns .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-07-1950
Reported in : AIR1951Kant59; AIR1951Mys59; ILR1951KAR196
..... the p. c. pointed out that the pltf. had by his notice in effect intimated that he was no longer either willing or ready to perform the contract on his part & had not only thereby renounced but as from that moment disentitled himself to a decree for specific performance & had thus brought upon himself ..... amounts paid by the pltf. after adjusting towards rents had been 'kept in suspense towards the sale consideration of the house.' the result therefore is that the contract was never put an end to by deft. 1 & the pltf. can treat it as still subsisting & seek specific performance of it.15. the next ..... an absolutely necessary element in a suit for specific performance that the pltff. must establish that he was 'ready & willing' to perform his part of the contract. as we have pointed out above the pltf. has certainly been irregular in payment of the instalments bat deft. 1 appears to have been content to ..... be paid before the end of december 1947. deft. 1 did not issue any notice or other, wise intimate the pltf of their intention to cancel the contract before disposing of the property to deft. 2.12. mr. somasekhara rao, the learned counsel for resp. 1 relies on a case reported in shanmugam pillai ..... but contended that the pltf. had been extremely irregular in the matter of payment of the instalments in spite of numerous chances given to her, that the contract had, therefore, come to an end & that they were justified in conveying the property to deft. 2.2. the learned dist. j. who tried the .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-03-1950
Reported in : AIR1952All149
..... money, the transaction is not a sale, the legal conception of a consideration is not the same as the dictionary meaning of the term. cheshire & fifoot in their law of contract, 1945 edn. p. 47 observe that: 'it seems better, therefore, to approach the problems of consideration through the language of purchase & gale, the plff, must show that be has bought ..... of sale was struck, the primary consideration with the donor was to dispose of the property & get a good price for it by inducing the donee to agree to a contract of sale by this method of a gift would not be enough in law to convert the deed of gift into a deed of sale, unless, of course, it can .....Tag this Judgment!