Court : Chennai
Decided on : Jan-25-1950
Reported in : AIR1951Mad524; (1950)2MLJ169
..... to sell in case the mortgagees require at a fixed price even though it be not the proper price on the date of the sale. such a contract for pre-emption would be clearly a clog on the equity of redemption.4. apart from this objection on the ground that this clause offends the rule against ..... market price, here we have a contract of preemption one of the terms of which is that the mortgagors shall not only give the mortgagees the first right of refusal, but they are further bound, ..... the notice dated 3-3-1943 offered to pay theentire amount of rs. 7500 and obtain redemption. in our opinion, though something may be said for a contract of pre-emption underwhich the mortgagees would have the right of first refusal, but the price ia that which is either agreed upon between the parties or the ..... 1914 a. c. 25 : 83 l.j.ch. 79). the rule that a mortgagee is not allowed at the time of the loan to enter into a contract; for the purchase of a portion of the mortgaged property or a part thereof is absolute.3. if, on the other hand, the clause is treated as embodying a ..... contract for pre-emption, it is not a case of absolute option. there is somedivergence of judicial opinion whether such a contract would in all circumstances amount to a clog on redemption. but in the present case, it is not .....Tag this Judgment!
Court : Chennai
Decided on : Aug-07-1950
Reported in : AIR1951Mad396; (1950)2MLJ757
..... purchase it. later on, as would appear from the written statement, on account of the notice of the plaintiff and the possibility of further litigation, the stranger withdrew from the contract and received back the sum of rs. 100 paid by him. the plaintiff then filed the suit out of which this appeal arises in the city civil court praying for ..... the undertaking contained in the partition deed. even when an enforceable agreement to sell has been entered into with a stranger, something may happen as a result of which the contract is not given effect to and no sale takes place. that was the case here, when the third party withdrew from his ..... contract beeause of the fear that he might be involved in litigation. under the partition deed, therefore, the plaintiff can have no right to any specifie performance of the undertaking contained .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-29-1950
Reported in : AIR1950MP60; 1950CriLJ1352
orderkaul, c.j.1. anant bhaskar lagu (who is-said to be a resident of indore and ujjain as he divides his time between the two please made the present application under section 491, criminal p. 0, by a subsequent application it was prayed on his behalf that it might be treated as an application under article 226 of the constitution.2. the material facts are as follows: on lab april 1949, the district magistrate, indore, passed an order under madhya bharat maintenance of public order act, samvat 2005, 3.3 (1) that lagu be detained for a period of three months. it is-alleged that in enforcement of this order the petitioner waa arrested but he escaped from police custody. on 3rd december 1949, a constable saw him in indore distributing some leaflets as part of propaganda for the communist party an association which was- declared unlawful in indore. he was ultimately arrested in indore on the night between 14th and 15th december 1949. on 15th december 1949, the district magistrate indore passed another order for his detention for three months. the grounds on which the order was passed were supplied to him on 25th december 1949. on 1st april 1950 the present petition for habeas corpus was made. on 2nd march 1950 the second magistrate, indore, issued a warrant for his arrest on a charge under section 4 of prohibition of associations dangerous to public peace act no. 19 of 1949 and he is being prosecuted under section 4 (1) of that act.3. a case has also been started against him for .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-14-1950
Reported in : AIR1951Raj88
..... parties for one month's notice & this is why ex. 3 was given in accordance with it. section 106, t. p. act, runs as follows:'in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable ..... this section that a notice of 15 days terminating with the period of tenancy is necessary only in the absence of a contract to the contrary. when there was specific contract between the. parties & the notice was given according to that contract then it cannot be said to be invalid! for the reasons given by the applt's. advocate.5. at the close .....Tag this Judgment!
Court : Chennai
Decided on : Aug-02-1950
Reported in : AIR1951Mad1; 18ITR825(Mad); (1950)IIMLJ580
..... service rendered and then something given in respect of that. it is a case in which, induced very probably by the voluntary service, the parties chose to enter into a contract for remuneration in respect of services. i think that that was the conclusion at which the commissioners arrived. i think they rightly thought that this was a case assessable under ..... work by mr. v. p. rao was not casual. mr. rama rao sahib argues that the word 'casual' can only be applied to accidental or fortuitous receipts; occurring without stipulation, contract, calculation or design.' we agree. it must be in the nature of an unforeseen windfall, like the finding of an article of value, or money won in a bet, and ..... be therefore taxable. in brocklesby v. marricks, (1934) 18 tax cas. 576, finlay j. held that where the parties chose to enter into a contract for 'remuneration in respect of services' the sum paid under the contract would be taxable. there, an architect in practice, was on a social occasion told by the owner of an estate that he wished to sell .....Tag this Judgment!
Court : Chennai
Decided on : Mar-01-1950
Reported in : AIR1951Mad282; (1950)1MLJ509
..... damages is quite arbitrary. there is no evidence that the plaintiff would suffer loss to this extent because of the conduct of the defendant in refusing to specifically perform his contract. for all these reasons, we consider that there is no justification for the award of rs. 1000 as damages in addition to the grant of specific performance.4. mr. v ..... not to be granted and cases in which the court decides that specific performance ought to be granted. in the latter case, ill provides that some compensation for breach of contract should also be made to the plaintiff if in its opinion it is not sufficient to satisfy the justice of the case. but there must be an allegation by the ..... to a plaintiff who has not chosen to ask for such relief of damages. section 19, specific relief act, lays down that any person suing for the specific performance ofa contract may also ask for compensation for its breach, either in addition to, or in substitution for, such performance. it then provides for cases in which the court decides that specific ..... , in addition to the relief of specific performance which he granted to the plaintiff, also awarded him rs. 1000 as damages sustained by him on account of the breach of contract on the part of the defendant. in the plaint there was no specific prayer far the award of damages in addition to the grant of specific performance. there was an .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-21-1950
Reported in : AIR1951All167
malik, c.j.1. i have had the benefit of reading the exhaustive judgment of my brother mushtaq ahmad.2. the facts are fully set out in the judgment of my learned brother, and it is, therefore, not necessary for me to deal with them in detail. the plaintiffs' suit was for redemption of a possessory mortgage dated 1-9-1881, executed, by kanhai, mahabir and mahadeo in favour of hathi prasad. the mortgagors are all dead and their heirs and legal representatives, bishwanath prasad, ajodhya prasad and lachmi prasad, sold the property on 19-7-1941, to ram prasad and others, plaintiffs the suit was filed, by the legal representatives of the mortgagors as well as by the transferees for redemption of the mortgage. the mortgage deed provided that the amount borrowed would be paid to the mortgagee within a period of six months and, if the amount was not so paid, the mortgage deed would be deemed to be a sale deed and the mortgagee would become the owner of the property. the amount was not paid to the mortgagee and the mortgagee remained in possession but he never filed any suit for foreclosure.3. the mortgagee, hathi prasad, died, and his widow, sm. sumrekha, purported to transfer the property to her son-in-law baleshwar prasad under a mortgage deed dated 19-9-1917. in the mortgage deed she described herself as--the full owner of the property and no reference was made to the mortgage deed of 1-9-1881. on-31-1-1924, bhairon prasad, the grandson of kanhai, one of the mortgagors, filed an .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-10-1950
Reported in : AIR1951Bom33; (1951)53BOMLR127; ILR1951Bom546
..... got the question before it; but it does not mean that the question may not arise in other proceedings. for example, the question may arise in actions for breaches of contract; and it must be held that nothing in the bombay industrial relations act takes away the power of an ordinary ct. to decide, or itself the question as to whether .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-25-1950
Reported in : AIR1952All353
..... the court is held to be helpless in giving effect to its own decision to the full extent; where the rights of parties depend on the same obligation, e.g. contract, and where the court finds that the contract is genuine or not genuine, it may give effect to its finding by holding all the parties liable under the ..... contract or by exonerating all the parties who are sought to be made liable without consideration as to whether such parties are before it or not. but the power which the .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-30-1950
Reported in : AIR1950All437
..... . r. (22) 1935 mad. 860 (f. b.)), it was held that a decree does not come within the purview of section 92, evidence act. section 92 really refers to a contract, grant or other disposition of property entered into by agreement between the parties to that document. it cannot refer to a decree which is imposed upon one of the parties ..... passed in accordance with the wishes of one party and contrary to the wishes of the other. section 92, therefore, in my opinion, cannot bar the setting up of a contract of the nature pleaded in the present case.6. the main question in the appeal is whether, having regard to the final decree in suit no. 22 of 1933, the ..... full bench case of udham, singh v. atma, singh, i. l. r. (1941) 22 lah. 383 : (a. i. r. (28) 1941 lah. 149). that case also is distinguishable. there a contract was set up not to vary a decree but as an adjustment within the meaning of order 21, rule 2, civil p. c. the judgment-debtor accepted the decree as .....Tag this Judgment!