Court : Allahabad
Decided on : Mar-14-1950
Reported in : AIR1951All462
..... banaras state. the laws became different in 1934 when the agriculturists' relief act was enacted by the united provinces legislature. in the circumstances, the contract would be governed by the lex loci contractus. it is stated by foote at page 372 that the broad rule is that the lex loci ..... the particular case and that law might, in certain circumstances, be the domestic law of another country. as in the instant case the mortgage contract was entered into in british territory, and the parties also are residing in british territory, the banaras state court itself might have applied the law ..... of interest settled was substituted the smaller statutory rate enjoined by this local enactment and that, this being now the 'proper law of the contract under which the debt is incurred', the debtor was entitled to have his indebtedness determined accordingly. the question of the locus to which the ..... , operating in personam and not in rem; and in the exercise of this personal jurisdiction they have always been accustomed to compel the performance of contracts and trust as to subjects which were not either locally or rations domicilli within their jurisdiction. they have done so, as to land, in scotland ..... , though all the same reserving the right of the plaintiff to seek remedy in the agency court regarding those lands.11. under the mortgage contract in this case, which was entered into within british india, the mortgagee agreed to return the property to the mortgagor on receipt of the mortgage .....Tag this Judgment!
Court : Orissa
Decided on : Mar-01-1950
Reported in : AIR1951Ori212
..... 0 (l), therefore, the court in, terms does not purport to amend or modify the preliminary decree which determines only the contractual interest, but exercises the fresh powers, dehors the contract conferred on it by legislature and passes the further decree in exercise of those powers. i am also not impressed by the argument that there is any repugnancy in the ..... way begging the question. when the court is given the specific power to scale down the interest on specific principles, it is not recalculating the interest with reference to the contract between the parties or under the general law which is all that has been done under the preliminary decree and authorised to be done by the civil p. c. in ..... of the act. the said subsection runs as follows :'notwithstanding anything to the contrary contained in any other law or in anything having the force of law or in any contract, no court shall, in any suit brought by a money-lender in respect of a loan advanced before or after the commencement of this act, pass a decree for an ..... . section 10 (1) of the act runs as follows:'notwithstanding anything to the contrary contained. in any other law or in anything having the force of law or in any contract, no court shall, in any suit brought by a money leader in respect of a loan advanced before or after the commencement of this act, pass a decree for an .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-19-1950
Reported in : AIR1951Cal230
..... to find out the error of law. the language of the arbitrator is not such in the award which can be construed to mean that either the contract or the papers are incorporated in the award. the last pronouncement of the judicial committee of the privy council on this point is in durga prosad v ..... with the award as to entitle the court to refer to them as showing either that the award was wrong in law or that under them the contract has come to an end and therefore the jurisdiction of the arbitrators had terminated. than again the judicial committee of the privy council in salleh md. ..... a matter which is within the special knowledge of the arbitrators as businessmen of experience and they can only decide that the due dates of the contract were extended provided that there were some materials on the point. that may be right or that may be wrong but they are entitled to come ..... mr. kasera. petitioner's counsel has said that the petitioner has confidence in mr. kasera who is a man of business and who deals in the contract commodity. his fitness to act as an arbitrator has not been questioned.'those observations are material because although the applicant did not succeed before my learned ..... ltd., 3 wagons of pure mahuya oil. the respondents claimed rs. 3368-9-3 as damages for non-acceptance being based on the difference between the contract price and the market price. after some disputes, by a letter dated 9-2-1949 the respondents' solicitor informed the applicant of the appointment of pannalal .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-06-1950
..... claims . . . for losses (not including diminution of anticipated profits) incurred between september 16, 1940, and august 14, 1945, without fault or negligence on their part in the performance of such contracts or subcontracts. . . ." "sec. 2. (a) in arriving at a fair and equitable settlement of claims under this act. . . ." "sec. 3. claims for losses shall not be ..... filed claims in these proceedings based primarily on the unpaid balance of the loan plus interest, the cost of completing incomplete and defective work on ships delivered under the contracts, and decreased costs resulting from certain changes in the plans and specifications. petitioner filed a counterclaim based primarily on payments due for progress in construction, overtime work, ..... little progress had been made under the contracts when, on december 18, 1942, inland waterways filed a petition for reorganization in bankruptcy. petitioner page 340 u. s. 10 was appointed trustee in bankruptcy. the united states ..... federal courts, certiorari was granted. 339 u.s. 909. the facts are not in dispute. inland waterways, financed by a government guaranteed loan and advances under the contracts, entered into several contracts and supplemental agreements with the navy department, dated from september 18, 1941, to october 30, 1942, for the production of submarine chasers and plane rearming boats. .....Tag this Judgment!
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 : 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!
Court : Supreme Court of India
Decided on : Sep-15-1950
Reported in : AIR1950SC222; (1951)53BOMLR1; (1950)IIMLJ703(SC); 1SCR621
kania, c.j.1. this is an appeal from a judgment of the high court at bombay and it relates to the power of the high court to issue a writ of certiorari against the province of bombay to quash an order to requisition certain premises. the material facts, as stated in the judgment of the high court, are these. one abdul hamid ismail was, prior to the 29th of january, 1948, the tenant of the first floor of a building known as 'paradise' at warden road, bombay, the landlord of which was one dr. m. d. vakil. on the 29th january, 1948, ismail assigned his tenancy to the petitioner and two others, the son and brother's daughter's son of the petitioner (the respondent). all the three assignees were refugees from sind. on the 4th february, 1948, the petitioner went into possession of the flat. on the 26th february, 1948, the government of bombay issued an order requisitioning the flat under section 3 of the bombay land requisition ordinance (v of 1947) which came into force on the 4th december, 1947. on the same day dr. vakil was informed that the government had allotted the premises to mrs. c. dayaram who was also a refugee from sind. further orders were issued authorising an inspector to take possession of the premises. on the 4th march, 1948, the petitioner filed a petition for a writ of certiorari and an order under section 45 of the specific relief act. the petition was heard by mr. justice bhagwati who, inter alia, granted the writ against the province of bombay and the .....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 : Allahabad
Decided on : Apr-28-1950
Reported in : AIR1950All598
..... in baldeo prasad v. bhola nath : air1929all941 spring from fine considerations of matter of procedure, and not from substantive legal rights, grounded in the contract between the parties.'20. the decision in umeshchandar mandal v. hemanga chandra : air1933cal325 was given in connection with the abatement proceedings. in that case ..... and procedure of the courts, so that justice may be done between the parties, according to their rights and interests at law and by their contracts, such rules are framed for expediency in order that judicial business may be conveniently and expeditiously despatched, and that there may be an end to ..... justice observed :'they (mortgagors) entered into one single transaction with a group of people to whom moneys were due previously and with whom they contracted that the amount would be payable in one lump sum to them jointly and they jointly would have the right to recover the amount and ..... death of c with the representatives of b and c jointly.'it is obvious from a plain reading of this section that in a mortgage contract where several mortgagors borrow money from several mortgagees to whom they hypothecate their property as security for the debt borrowed, it is the manifest ..... of the parties as required by order 34, rule 1, civil p. c., but because of the rule of substantive law under section 45, contract act, that in the casa of joint promisees the right to claim performance rests with the representatives of the promisees jointly. the suit was accordingly .....Tag this Judgment!