Court : Supreme Court of India
Decided on : Jul-30-1963
Reported in : AIR1964SC888; 4SCR190
..... present case, the agreements culminating in the agreement of 1943, cannot be regarded as law but must be regarded only as agreements which might have bound the sovereign as a contracting party but not the municipal committee. 9. the municipal committee had already imposed octroi in the state but the ruler ordered the municipal committee not to collect the dues from ..... . the consensual aspect of the document there considered was pointed out in umaid mills' case. it is plain that an agreement of the ruler expressed in the shape of a contract cannot be regarded as a law. a law must follow the customary forms of law-making and must be expressed as a binding rule of conduct. there is generally an ..... certain advantages promised to him by the mill. the document is not worded as a law is ordinarily expected to be. it records a contract and part iii where the concessions occur is also worded as a contract and uses language familiar in agreements between two parties dealing with each other at arm's length. it is not necessary to refer in .....Tag this Judgment!
Court : Kerala
Decided on : Jan-22-1963
Reported in : AIR1963Ker301
..... also placed upon a passage occurring at i page 33 of income-tax, by kanga and palkhivala.'a company may not obtain or be able to execute a single business contract for a period of months or even years, yet it may be deemed to carry on its business it during the period of lull and inactivity it performs its internal ..... intervenes, and when the debenture-holder does intervene he must do so with the intention of making his security a fixed security. in my opinion it is a breach of contract on the part of the debenture-holder to interfere in the conduct of the business so long as his security is only a floating security;'counsel relied upon these rulings ..... the things which the licence entitles them to do. it is admitted that in the present case the debenture-holder allowed the company to carry on its business, to make contracts, and to pay its debts; but it is said that, though it is entitled to carry on business and has incurred debts in carrying it on, and although it might .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-19-1963
Reported in : AIR1964Raj17
..... , 'for money received by the defendant for the plaintiff's use' have been borrowed from english law and practice and point to an action of assumpsit founded upon an implied contract and waiver of any tort committed and that properly construed they would cover suits where the defendant has received money which in justice and equity belongs to the plaintiff under ..... article 62 is based on and borrowed from the english law and practice, it must be remembered that in england it was necessary for the courts to find an implied contract to provide a remedy to suitors in personam in a great variety of cases, and that was why the courts there were anxious to infer or imply a ..... contract therein so that the plaintiff might not fail by reason of any technical defect, but such a necessity did not and does not arise in india, as our courts are ..... received grew out of the circumstances that at common law in england an action in personam is maintainable only on contract or on tort. where therefore an action was not based on tort and the plaintiff was unable to establish any contract by evidence, it was found necessary to have recourse to a fiction of a promise to pay 'impliedin law' in .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-18-1963
Reported in : AIR1964Raj50
..... learned senior civil judge who heard the appeal overruled the defendant's objection and held that in the circumstances of the case section 65 of the contract act properly applied. the appeal was therefore, dismissed. 10. in this appeal it is urged by the learned counsel for the appellant that as ..... is whether the respondent is entitled to the possession of the shop in dispute from the appellant under the provisions of section 65 of the indian contract act. the intention of the section is to prevent a party to a void agreement, to retain benefits received under it. the section is not ..... every promise and every set of promises forming the consideration for each other is an agreement, and by clause (h) an agreement enforceable by law is a contract. section 65, therefore deals with (a) agreements enforceable by law and (b) with agreements not so enforceable. by clause (g) an agreement not enforceable ..... law, and, on the language of the section, would include an agreement that was void in that sense from its inception as distinct from a contract that becomes void. the agreement here was manifestly void from its inception, and it was void because its subject-matter was incapable of being bound ..... partnership, where a partnership already exists though he cannot be made a partner in a firm (vide section 30 indian partnership act). therefore, a contract by a guardian of a minor admitting him to the benefits of partnership would be a perfectly valid agreement. the agreement in this case recited in .....Tag this Judgment!
Court : Chennai
Decided on : Feb-06-1963
Reported in : AIR1964Mad219
..... a standing otter by the purchaser which may or may not be accepted by the original vendor, and that until the offer was accepted no contract could spring into existence. but this contention was specifically repelled by their lordships of the judicial committee. though the decision really turned upon the ..... at which the option was to be exercised and the price which was to be paid for the property were specified.there was consideration for the contract because venkatapathi, by the sale of the 27th january 1891, obtained possession of the property, and venkatasutxamania received rs. 10,000, besides acquiring ..... such was no doubt not considered before the judicial committee, apparently because it was not raised. but the decision is authority for the position that such a contract is capable of specific performance. at p. 537, (of ilr) : (at p. 176 of air), sir lancelot sanderson, delivering the judgment of ..... same doctrine had been upheld by the privy council in mir sarwarjan v. fakhruddin mohamed chowanun, ilr 39 cal 232. in that case, a contract was entered into by the manager of a mohammadan minor for purchase of immoveable property on behalf of the minor, and a suit was later ..... , do so simultaneously, there is absolutely no element of uncertainty attached to the obligations and rights inter se between the persons in whose favour the contract had been executed by the appellants, namely, the four named persons, and the appellants themselves. it will be for those persons to determine, in .....Tag this Judgment!
Court : Chennai
Decided on : Feb-06-1963
Reported in : (1964)1MLJ135
..... a standing offer by the puchaser which may or may not be accepted by the original vendor, and that until the offer was accepted no contract would spring into existence. but this contention was specifically repelled by their lordships of the judicial committee. though the decision really turned upon the ..... at which the option was to be exercised and the price which was to be paid for the property were specified.there was consideration for the contract because venkatapathi, by the sale of the 27th january, 1891, obtained possession of the property, and venkatasubramanya received rs. 10,000, besides acquiring ..... a single agreement. that being so it is clear enough that the agreement to reconvey is supported! by consideration (section 2(d) of the contract act), since the sale itself forms the content of that consideration, and that is not disputed by the learned counsel for the appellants. further, ..... do so simultaneously, there is absolutely no element of uncertainty attached to the obligation and rights inter se between the persons in whose favour the contract had been executed by the appellants, namely the four named persons and the appellants themselves. it will be for those persons to determine, in ..... years, the plaintiffs, who are two of the named persons in the agreement exhibit a-1 instituted the present suit for specific performance of the contract of sale, on payment of rs. 13,000. the suit was resisted by the defendants (appellants) but decreed by the learned subordinate judge of .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-05-1963
Reported in : AIR1965Cal236,68CWN776
..... vide state of travancore-cochin v. sharmugha vilas casuewnut factory, : 1scr53 : cement marketing co. v. state of mysore (unreported) (since reported in : 3scr777 . from the terms of the contract entered into between the petitioner and the punjab government (predecessor-in-interest of respondent 3), it is clear that the import of the materials by the petitioner from the manufacturers ..... b). of course, 'the definition in section 2 (g) of the bengalact is sweeping enough to include the power to tax a transfer of materials involved in any 'execution of contract', but since dunkerely's case, : 1scr379 it has been established that notwithstanding any such provision in a statute, there is no sale and no power to impose sales tax ..... until fully paid for....................after the contractor's obligations ...... have beendischarged fully, especially with regard to the quantity, quality and use of the material and all payments due under this contract made, the contractor shall obtain a completion certificate from the purchaser in token of final transfer of title to material from the contractor to the purchaser and termination of the ..... body called the punjab state electricity board (respondent 3) created under the provisions of the electricity (supply) act, 1948, is not denied.12. one of the conditions of the contract, as disclosed by ann. d, was that the equipment to be supplied was to be manufactured in england by the firm specified in ann. d; that they would, after import .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-02-1963
..... 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. . . ." [ footnote 3 ] the figures stated throughout are rounded to the nearer dollar. [ footnote 4 ] the ..... suggests, a deduction under 812(b) should not be predicated solely on the finding that a promise or claim is legally enforceable under the state laws governing the validity of contracts and wills. [ footnote 18 ] the claims referred to by the statute are those "claims against" the property of the deceased which are allowed by and enforceable under the laws of ..... section carefully restricts the deductible amount "in the case of claims against the estate . . . or any indebtedness . . . , when founded upon a promise or agreement, . . . to the extent that they were contracted bona fide and for a adequate and full consideration in money or money's worth. . . ." absent such an offset or augmentation of the estate, a testator could disguise transfers as .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-22-1963
..... of race, or compel the execution of a contract subject to executive orders. we do not rest on this ground alone, however, nor do we reach the question of whether an executive order can foreclose state legislation. it is ..... -discrimination act. page 372 u. s. 725 finally, we reject the argument that colorado's anti-discrimination act cannot constitutionally be enforced because of executive orders requiring government contracting agencies to include in their contracts clauses by which contractors agree not to discriminate against employees or applicants because of their race, religion, color, or national origin. [ footnote 26 ] the district court purported ..... notice that "a certificated commercial carrier by air [such as respondent] is obligated to and in fact does transport united states mail under contract with the united states government." the government answers that, in fact, it has no contract with continental, and that, while 49 u.s.c. 1375 requires air lines to carry mail, it does not forbid discrimination on account .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-06-1963
Reported in : AIR1964Bom184; (1964)66BOMLR169; 1964MhLJ331
..... 'discharge' superfluous and useless. he, therefore, contends that the word 'discharge' must have been intended to mean discharge simpliciter made by virtue of the power of the employer under a contract or standing order. it is not possible to accept this construction for several reasons.15. in this connection, mr. singhvi referred us to standing orders 23, 24 and 25. standing ..... is worded in affirmative form only, without any negative expressed or implied, it does not repeal the earlier law.' the earlier law in the present ease is the law of contract as modified by the standing order which permits the employer to terminate the services of a workman by discharge. it may be that as in respect of discharges and dismissals .....Tag this Judgment!