Court : Chennai
Decided on : Aug-03-1950
Reported in : (1951)1MLJ147
..... clause 5 power was given to the central government by notification in the official gazette to exclude from the operation of the order any contract or class of contracts. on the 12th january, 1944, the central government in the exercise of the powers conferred upon them under clause 5 of the order ..... clause 3 of the order prohibited a person from entering into any forward contract in respect of any article to which the order applied, and clause 4 laid down that notwithstanding any custom, usage or practice of the trade ..... this appeal by the defendants the sole point that arises for consideration is whether in view of the vegetable oils and oil cakes (forward contracts prohibition) order, 1944, the contract is enforceable. the order in question was promulgated by the government of india on the 8th january, 1944, and came into force immediately. ..... has given rise to this appeal was instituted by the respondent to recover damages in a sum of rs. 7,392 for breach of the contract to sell 2,800 tins of ground-nut oil. the plaintiff is a firm of merchants with their registered office at calcutta, but they have ..... excluded from the provisions of the order certain classes of contracts. the exclusion read as follows :forward contracts for specific qualities or types of any article to which the said order applies, and for specific delivery at a specified price .....Tag this Judgment!
Court : Kolkata
Decided on : May-09-1950
Reported in : AIR1951Cal405,54CWN589
..... the tenant thereof & includes any person who is entitled to bring suit for such rent.2 (11) 'tenant' means any person by whom rent is, or but for a special contract would be, payable for any premises, & includes any person who is liable to be sued by the landlord for rent.'12. this definition is contrasted with the definition of 'tenant .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-10-1950
..... does not warrant the court to impose on the state courts a rigid one. congress surely would not have granted this exclusive primary power to adjudicate contracts to a body like the board. it consists of people chosen and paid not by the government, but by groups of carriers and the page ..... the federal courts, since the "concept of mediation is the antithesis of justiciability." [ footnote 2/13 ] here, the controversy relates to the interpretation of contracts, a function courts have always performed, and "it is not page 339 u. s. 251 to be lightly assumed that the silence of the statute bars ..... to accept the railroad's action in discharging him as final, thereby ceasing to be an employee, and brought suit claiming damages for breach of contract. as we there held, the railway labor act does not bar courts from adjudicating such cases. a common law or statutory action for wrongful discharge ..... u. s. 244 involving the railroad and two employee accredited bargaining agents. . . ." our ground for this holding was that the court "should not have interpreted the contracts . . . ," but should have left this question for determination by the adjustment board, a congressionally designated agency peculiarly competent in this field. 326 u.s. at ..... to dismiss the case on the ground that the railway labor act left the state court without jurisdiction to interpret the contracts and adjudicate the dispute. that motion was denied. 274 app.div. 950, 83 n.y.s.2d 513. after a trial, the court .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-03-1950
Reported in : AIR1952All584
..... give a lessee a right to relief against forfeiture which he did not previously possess; & (2) that the intention was to give relief not only against future breaches of the contract, but also as regards the past breaches. having come to these conclusions his lordship considered the question whether the enactment applied to pending proceedings & held as follows: ''we must, therefore ..... england the decision that the act was retrospective was given as it was held that the clear intention was to give relief to the lessees for past & future breaches of contract. the case before us is a much stronger case where two sections wereenacted--section. 14, restricting the right of execution where the decree had already become final ; and section 15 .....Tag this Judgment!
Court : Chennai
Decided on : Sep-28-1950
Reported in : AIR1951Mad606; (1951)IMLJ21
..... relevant. indeed, section 8 (iii-a) clearly, says that if the other conditions are complied with it is immaterial whether 'interest' is expressly mentioned or not in the document or contract. the only condition is that the debtor should have paid some amount or thing which was in excess of the money advanced. 5. it is then contended that if the ..... or payable entirely in cash or entirely in kind or partly in cash and partly in kind and whether the same is expressly mentioned or not in the document or contract if any,' under this definition, anything paid or intended or agreed to be paid over and above the principal sum borrowed would be deemed to be 'interest' under the act .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-04-1950
Reported in : AIR1951Cal236,54CWN572
..... defendant be regarded as a tenant under the new act of 1950 the defendant in this case is not a person by whom 'rent' is or but for a special contract would be payable within the meaning of section 2 (11) of the act of 1950. the expression 'rent is' means a present and continuing liability to pay rent at the ..... 'for ejectment of a tenant.'8. section 2 (11) of the new act of 1950 defines a tenant as the person by whom rent is or but for a special contract would be payable and includes any person who is liable to be sued by landlord for rent. mr. huq contends that the defendant is a tenant by reason of the .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-15-1950
..... complaint was filed. unilateral wage increases and respondent's efforts to shunt the union representatives from one company official to another in search of the final authority in wage and contract negotiations -- these and other findings led the examiner to conclude that "an unmistakable effort to escape genuine collective bargaining" was demonstrated. further, the examiner determined, there was no merit in ..... part therein. in december, 1947, the trial examiner issued his report. he concluded that, "from the evidence, it is apparent that, although the respondent conferred with the union on possible contract provisions, it did not bargain in good faith, and had no intention of doing so." the failure to bargain was manifest from evidence of incidents taking place from the time .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-09-1950
savorgnan v. united states - 338 u.s. 491 (1950) u.s. supreme court savorgnan v. united states, 338 u.s. 491 (1950) savorgnan v. united states no. 48 argued november 7-8, 1949 decided january 9, 1950 338 u.s. 491 certiorari to the united states court of appeals for the seventh circuit syllabus in 1940, petitioner, a native-born american citizen who was a competent adult woman, voluntarily and knowingly applied for and obtained italian citizenship while in the united states through naturalization in accordance with italian law. she went to italy in 1941, and lived there with her italian husband until 1945, when she returned to the united states. held: she expatriated herself under the laws of the united states by her naturalization as an italian citizen followed by her residence abroad. pp. 338 u. s. 492 -506. (a) within the meaning of 2 of the citizenship act of 1907, the term "naturalization in any foreign state" includes naturalization proceedings which lead to citizenship in a foreign state, even though such proceedings take place in the united states. p. 338 u. s. 499 . (b) after a competent adult american citizen has voluntarily and knowingly performed an overt act which spells expatriation under the wording of the citizenship act of 1907, he cannot preserve or regain his american citizenship by showing his intent or understanding to have been contrary to the usual legal consequences of such an act, since those legal consequences are not dependent upon the intention of .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-30-1950
Reported in : AIR1951Kant38; AIR1951Mys38
..... the whole of the family property on the ground that the debt for which he obtained the decree in execution of which the property was bought was a family debt contracted by the defendant as managing member of the family for its benefit unless the original suit had been brought against the defendant aa manager of the family and the decree ..... filed more than six years after the purchaser got possession under the revenue sale.4. as regards the remaining items the sale deeds, exs. i-v, recite that the debts contracted by defendant 1 for liabilities incurred by him were for the benefit of the family and that at a family settlement each of the brothers under took to discharge a ..... of the family. in 21 mys. c. c. r. 145, it was held that where all the adult male members in the family joined in contracting a debs, there arises a presumption that the debt is contracted for the benefit or for the necessities of the family. the same proposition is reiterated in 28 mys. c.c. r. 10, where plumer j .....Tag this Judgment!
Court : Chennai
Decided on : Jan-17-1950
Reported in : AIR1952Mad27; (1951)2MLJ438
..... legislative power and that in so far as the section affected interest it did so only incidentally. but the judicial committee held that the legislation sought to modify statutorily the contract between the two parties which would have the effect of not only reducing the rate of interest but also postponing the payment of interest. in this view they held that ..... the mortgage deed required, was 'intra vires', the punjab legislature. it was contended that the legislation offended the existing law such as sections 37, 69 and 70 of the indian contract act and section 4(1) and (2) and section 59 of the code of civil procedure whereas the opposite party sought to support the validity of the legislation by relying ..... agricultural land. item 8. transfer of property other than agricultural land; registration of deeds and documents. item 9. trusts and trustees. item 10. contracts, including partnership, agency, contracts of carriage, and other special forms of contract, but not including contracts relating to agricultural land. item 11. arbitration. item 12. bankruptcy and insolvency.' it will therefore be seen that whenever the legislature intended to exclude .....Tag this Judgment!