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 : Chennai
Decided on : Sep-14-1950
Reported in : AIR1951Mad147; (1951)IMLJ628
..... .s. 624.60. where personal rights & liberties are concerned a wider coverage of judicial review had been accorded than in the case of the property rights including freedom of contracts. there is a heirarchy of constitutional values in which rights of personal liberty, freedom of speech, assembly & association are accorded the first place rights of property being accorded a ..... & the condition of the accused. relations between debtor & creditor, employer & workman, & landholder & tenant, are not regulated by the laissez faire theory or by the principle of freedom of contracts & are even taken out of the jurisdiction of cts. the bulk of modern social & economic legislation applies not to all citizens generally but only to special classes considered by the ..... & enjoy property; that they should have like access to the cts. of the country for the protection of their persons & property, the prevention & redress of wrongs & the enforcement of contracts; that no impediment should be interposed to the pursuits by any one except as applied to the same pursuits by others under like circumstances; that no greater burdens should be ..... & enjoy property; that they should have like access to the cts. of the country for the protection of their persons & property, the prevention & redress of wrongs, & the enforcement of contracts; that no impediment should be interposed to the pursuits of any one except as applied to the same pursuits by others under like circumstances; that no greater burdens should be .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-06-1950
Reported in : AIR1951Cal332,55CWN222
..... and if that foundation has disappeared.30. as the parties contemplated that roads and drains would be constructed, and the conveyance completed within a few years the foundation of the contract was that the lands would remain available for the construction of such roads and drains, without any appreciable break, for this period of time. with the requisition of the ..... unproductive for an unascertained period. their plan obviously was to complete the construction of roads as early as possible. the time they had in contemplation for the performance of the contract was, therefore, the period which such construction was expected to take plus the period of one month. the evidence of the contractor who was actually entrusted with the construction ..... suit was decreed by the trial court, and that decree was confirmed by the district judge.4. mr. gupta for the appellants has pressed before us the contention that the contract stood dissolved by frustration, as its performance became indefinitely impossible.5. the doctrine of frustration, which had been incorporated into the english law, from the roman law, several centuries ..... sale of lands with different parties, accept a very small portion of the consideration money, as earnest money, undertaking to construct roads and drains in order that the lands contracted to be sold might be suitable for building purposes, and agreeing to complete the conveyance on receipt of the balance of the consideration money after the construction of such roads .....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!
Court : Allahabad
Decided on : Aug-10-1950
Reported in : AIR1952All602
..... the agreement has been sold by the executant as well as his minor brother & their mother. therefore, there was undoubtedly a breach of the contract & the plaintiffs-appellants are entitled to compensation for that breach; & the amount of that compensation must be determined in the present suit.13. ..... respondents has argued that the words 'such suit' occurring in the second para. of the section refer to a suit for specific performance of a contract in which compensation for its breach has been asked either in addition to or in substitution for such performance. there, however, appears to be no reason ..... decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the deft. & that the plff. is entitled to compensation for that breach, it shall award him compensation ..... their claim to specific performance.8. section 19, specific relief act, is in these terms: 'any person suing for the specific performance of a contract may also ask for compensation for its breach, either in addition to, or in substitution for, such performance.if in any such suit the court ..... learned counsel for the appellants has next contended that, when the court below refused to grant the relief by way of specific performance of the contract, under section 19, specific belief act, they should have awarded compensation. in reply to this argument it has been pointed out on behalf of .....Tag this Judgment!
Court : Allahabad
Decided on : May-01-1950
Reported in : AIR1950All632
..... in the case before us was also the mortgagee in possession, he must be held to have taken physical possession under the sale from the date when the contract of sale became complete,'does not appeal to me just as it did not appeal to the learned judges deciding gaffar khan's case, (160 p. r. ..... 98/- to be set off against the mortgage debt. a pre-emptor sued to pre-empt the sale, but the suit was dismissed on the ground that the contract of sale had not become complete because the mortgagee-vendee had not paid rs. 200/- to the mortgagor-vendor. subsequently, the mortgagee-vendee paid rs. 200/- to ..... . lachmi narain lal v. sheombar lal, 2 all. 409, which computed the period of limitation for a pre-emption suit from the date on which the contract of sale became complete on payment of the price, was decided on facts of its own. the sale was of equity of redemption of a possessory mortgage in ..... . it was contended on behalf of the pre-emptor that the condition in the deed of sale that if the vendees defaulted in performing their part of the contract the sale deed would stand cancelled, means that there was no completed sale. the exact words used are: 'khilafwarzi karen to us suratmen bainama haza mansukh mutasawwr ..... be required to be executed by the vendors to pass the title. this deed itself gave them a right to sue for possession; were it only a contract for sale, they would first have to obtain a sale deed from the vendors before being in a position to sue for possession. they did sue for .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-04-1950
Reported in : AIR1951All44
..... provision dealing with offences committed by firms; obviously because the partners themselves are liable.26. i find that basdeo and his father and brother who had entered into a particular contract, committed the offence of not maintaining a stock register showing correctly certain facts and that basdeo at least was certainly liable to be punished because he had the guilty mind ..... the firm mahanand bajoria committed an offence punishable under rule 81 (4). what is meant by the firm is basdeo and his brother and father who have entered into a contract of partnership. thus basdeo and his brother and father committed the offence and could be prosecuted. there is, therefore, nothing illegal in basdeo's being convicted. his father and ..... taken collectively. partnership is 'the relation between persons who have agreed to share the profits-of a business.' thus a firm means the persons-who have entered into a particular contract, namely, that of sharing the profits of a business, taken collectively. a firm would, therefore, come within the definition of person' in the general clauses act. the definition is subject ..... . within these limits of subjects and area the local legislature is supreme, and has the same authority as the imperial parliament.'owen-dixon j. observed in victorian stavedoring and general contracting co. proprietary ltd. v. dignan, (46 c. l. r. 73) with reference to the maxim delegatus non potest-delegare that:'no similar doctrine has existed in respect of british colonial .....Tag this Judgment!
Court : Chennai
Decided on : Jan-16-1950
Reported in : AIR1950Mad451; 18ITR200(Mad)
..... this opinion we must hold that the object of the partnership was illegal and therefore the partnership contract itself was void ab initio. that being the case it was open to the income-tax officer to refuse to register a firm whose object was ..... judges also held that even though a partnership was lawful at its inception because it was not intended to infringe any of the provisions of the contract act, it nevertheless, became unlawful when it intended to conduct the business jointly on a licence granted to one only of the partners in view of ..... or toddy on a licence granted, or to be granted, to only one, or some of the partners, is void ab initio whether the partnership contract was entered into before the licence was granted or afterwards. the reason for this conclusion is stated to be that such a partnership arrangement either involves a ..... unlawful and the partnership contract under which the firm was constituted was wholly void. we therefore answer the question referred to us in the affirmative and against the assessees. the ..... whether the business or the combination of persons was legal or illegal. he contends that if the contract of partnership or the business was illegal the partners could not enforce the rights flowing from the contract of partnership but for purposes of income-tax the profits of the partnership could be assessed to .....Tag this Judgment!