Court : Kolkata
Decided on : Jun-20-1963
Reported in : AIR1965Cal489
..... eventually will be shipped or that the goods are intended for export the emphasis on the contract as counsel for the petitioner rightly stressed is lost sight of and the fallacy is committed by shifting the emphasis on goods or the purpose for ..... . in my opinion, all the contentions on behalf of the petitioner are sound and correct.15. the most important consideration is that the contract meaning the particular contract sued upon has to be entered into for export of goods from india. if the argument of the respondent is accepted that the goods ..... in paragraph 6(g) of the affidavit of saligram jhajharia affirmed on june 10, 1963 that the respondent on the same day entered into a contract with one buriap sales corporation, new york, by which the respondent agreed to sell to the burlap sales corporation 700 bales of hessian and/or burlap ..... words 'for shipment'' occurring in term no. 14 and it was contended that this clause again shows that the goods were for shipment and the contract was for export:7. counsel for the respondent next contended that the surrounding circumstances would have to be looked into in order to ascertain the true ..... by the bengal chamber of commercein case no. 295 of 1962 and for an order that theaward be declared null and void. the petitionerentered into a contract with the respondent on orabout january 30, 1962. a true copy of thecontract is annexed to the affidavit affirmed bysaligram jhajharia on june 10, 1963. .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-13-1963
florida avocado growers v. paul - 373 u.s. 132 (1963) u.s. supreme court florida avocado growers v. paul, 373 u.s. 132 (1963) florida lime & avocado growers, inc. v. paul no. 45 argued january 8, 1963 decided may 13, 1963 * 373 u.s. 132 appeal from the united states district court for the northern district of california syllabus appellants, who are engaged in the business of growing, packing and marketing florida avocados in interstate commerce, sued in a federal district court to enjoin appellees, state officers of california, from enforcing 792 of the california agricultural code, which prohibits the transportation or sale in california of avocados containing less than 8% of oil by weight, against florida avocados certified as mature under federal regulations issued under the federal agricultural marketing agreement act of 1937. they contended that 792 of the california statute, as so applied, was unconstitutional, because, (1) under the supremacy clause, it must be deemed displaced by the federal standard for determining the maturity of avocados grown in florida; (2) its application to florida avocados denied appellants the equal protection of the laws in violation of the fourteenth amendment, and (3) its application to them unreasonably burdened or discriminated against interstate marketing of florida avocados in violation of the commerce clause. a three-judge district court convened to hear the case denied an injunction on the ground that the proofs did not establish .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-04-1963
..... . . who have not made the investment of money and effort . . . in the said territory." likewise, appellant's argument continues, "similar provisions in direct dealers' contracts and in contracts between the distributors and their respective dealers have the same purposes and the same effects." these limitations have "the purpose and effect of promoting the business and increasing the ..... , has entered into identical contracts. in its "argument" it says that "it has to" agree to these exclusive territorial arrangements in order to get financially able and capable distributors and dealers. ..... counterparts. this is true because price-fixing page 372 u. s. 280 agreements, being more easily breached, must be continually policed by those forming the combination, while contracts for a division of territory, being easily detected, are practically self-enforcing. moreover, white motor has admitted that each of its distributors and dealers, numbering some 300 ..... such as withdrawal or cancellation of a franchise, have ever been invoked by the appellant to check cross-selling. the pass-over provisions contained in the typical white contract (in a provision governing "adjustment on outside deliveries") seem representative of exclusive territory sanctions generally employed. see note, restricted channels of distribution under the sherman act, .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-10-1963
Reported in : AIR1964Bom274; (1964)66BOMLR262; 1964CriLJ650; ILR1964Bom319; 1964MhLJ441
..... cargo' and 'transhipment cargo'. as is indicated in article 606 of the chapter on 'shipping and navigation' in kalsbury's laws of england 3rd edition vol. 35, p. 426, the contract of carriage generally provides and the cargo shall be carried to its destination, as far as may be, by the same conveyance throughout the voyage or journey, that is to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-29-1963
Reported in : AIR1964AP485
..... till after decision of the appeal in the specific performance suit. dhum singh's defence would have been that the debt was paid by virtue of the contract, and that defence must have prevailed if the suit were heard while the decree of 1831 still stood unreversed. it would be an inconvenient state of ..... singh's prior suit for specific performance was dismissed,their lordships pointed out that it had throughout been common ground to both disputants that there was a contract made between them and that among its terms were the sale of the villages for rs. 55,000/-, the retention by dhum singh of his debt ..... what kinds of actions do come within it and what kinds of actions do not.'then, the learned judge proceeded to observe as follows :'while privity of contract between the parties is of course not necessary to sustain such an action, i think there must be what might be called some privity of a legally ..... the strictest sense of the terms as understood in the courts of common law in england and that when the action is based not on any implied contract, but on the principle of ex aequo et bono article 62 would have no application and the residuary article 120 would apply.so, this decision is ..... all actions for money had and received to the use of the plaintiff whether they be actions which may be deemed strictly to be based on implied contracts or whether they be merely to enforce an equitable claim to the return of the money had and received. the learned judges repelled the argument that .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-07-1963
Reported in : AIR1963All346
..... army headquarters, pakistan, to the station officer, jhelum. this letter snows mat the army headquarters, pakistan, had accorded sanction to ch. badri dass and sons to hand over their canteen contracts to k. s. haji s. abdullah and brothers, lucknow, provided that the lucknow area also agreed to the said cnange over. they had further issued necessary instructions to tne station ..... informing the latter that messrs. k. s. haji s. abdullah and brothers, station contractors, lucknow, and messrs. ch. badri dass and sons, station contractors, jhelum, were willing to exchange their contracts mutually and enquiring whether the lucknow authorities were agreeable to it.7. ex. 13 is another express telearam dated the 27th september 1947 sent by badri dass and sons to ..... evidence produced in the present case establishes beyond any shadow of doubt that the military authorities both in india as wen as in pakistan had given sanction to the aforesaid contract of exchange prior to the 15th november, 1947, which is the date of attachment. as already mentioned above, the oral agreement between the parties appears to nave been arrived at ..... , mona and sargodha before the partition of india, which took place with effect from the 15th august, 1947. similarly messrs. k. s. haji s. abdullah and brothers also held canteen contracts at lucknow, allahabad and faizabad in u. p. before the partition. after the partition messrs. k. s. haji s. abdullah and brothers wanted to migrate to pakistan. badri das found .....Tag this Judgment!
Court : Orissa
Decided on : Mar-13-1963
Reported in : AIR1963Ori174
..... 10 of ext. 5 and paragraph 4 of ext. 0) to the effectthat if the plaintiff fails to supply rice of the quality andquantity contracted, the company defendant shall be freeto procure their requirements from other sources and recover the difference in cost incurred either from the security deposit of the ..... july 21, 1958. therefore, the suit is. clearly barred by limitation. even accepting the plaintiff's contention that there can be no breach of contract unless damage has been actually suffered, this suit filed on july 21 1958 was clearly out of time because by june, 1955 after resale of ..... thereby caused. this point is untenable.there is no doubt documentary evidence which shows that in the month of december 1954 the defendant had contracts with other contractors for purchase of rice from government meant for the defendant's other mines. the defendant had necessity for all these different ..... to reject, because, according to the defendant, the rice supplies were not of the quality as per sample submitted by the plaintiff and under the contract the defendant was free to procure their requirements from other sources and recover the difference in the cost incurred.7. now, with regard to the ..... places including manganese mines at joda as per sample submitted by the plaintiff-and at rates tendered by the plaintiff.in pursuance of the said contract the plaintiff supplied at the godown of the defendant at joda seven wagon loads of rice weighing 3920 maunds of rice. the defendant wrongfully .....Tag this Judgment!
Court : Orissa
Decided on : Jan-22-1963
Reported in : 51ITR65(Orissa)
..... the madras high court (masks case and senthikumaras case) with approval, noticing that in those two cases the assessee did not contravene a statute but merely committed breach of contract. in paragraph 15 of their judgment, their lordships of the supreme court, after reviewing all the previous decisions, both indian and english, observed that disbursements, to be permissible ..... rice or paddy. that policy is based on the essential supplies (temporary powers) act, 1946, and the orissa foodgrains control order, 1951. by committing systematic breach of contract as regards the quality of paddy and rice to be supplied, the assessee prevented the authorities concerned from effectively implementing the aforesaid policy. hence, the aforesaid decision would apply ..... supply, distribution and availability, at fair prices, of essential commodities, in order to meet the needs of the people, that the government, through the instrumentality of a contract, laid very stringent regulations involving penalty and even forfeiture for breach of any of the conditions specified in clause 3 of the agreement. it was that that the assessee ..... to the government the standard quality, and consequently the government imposed these penalties on the assessee. such conduct by the assessee of supplying foodgrains which were below the contracted quality cannot be said to be a conduct in the regular course of business, and the penalty imposed for them cannot therefore be allowable deduction within the meaning .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-10-1963
Reported in : AIR1964SC538; (1964)66BOMLR402; 4SCR19
..... assert that the enforcement of an award in england isbased not on the award, but on the contractual agreement to submit toarbitration all differences arising out of the original contract, on the groundthat the submission to arbitration itself implies a contractual agreement toabide by the award, thereby extinguishing the original cause of action.' 60. after starting this, ..... of the statements containedin the said paragraph.' 30. it will be seen from the said paragraphs that though the defendantsdenied that at any time they entered into a contract with the plaintiffs asalleged in the plaint or otherwise they have not denied that the lettersparticularized in the plaint passed between the parties. learnedsolicitor-general relied upon the expression ..... the particulars of the correspondence that passedbetween the parties on the basis of which they claimed the preliminary contractcontaining an agreement to submit their dispute to arbitration and thesubsequent contracts in respect of the goods made and concluded between theparties. 29. the defendants, adverting to the said allegations dealt with them inparagraphs 7 and 8 of their written ..... a request to theappellants to send them after having duly signed, the appellants failed to doso. under the terms and conditions of the said trade association contract, allclaims arising under the contract should be submitted to, and settled by,arbitration under the rules of the said association. it was stated thatpursuant to a relevant rule of the said .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-05-1963
Reported in : 1963(0)KLT1063(SC); 2SCR879; 14STC766(SC)
..... amount of skill and labour in the manufacture of the bricks,does not affect the question. that was not the essence of the contract. theobject of the contract nonetheless remained the delivery of bricks. it hasnever been doubted that 'the claim of a tailor or a shoemaker is for theprice of ..... , and also stated the 'quantities to be delivered' and the'rate at which materials are to be supplied'. all these provisionsplainly show that the contract was for sale of bricks. if it were so, theproperty in the bricks must have been in the appellant and passed from him tothe company. ..... sell the bricks at all unless they belongedto him. then we find that in the tender which the appellant submitted and theacceptance of which made the contract, he stated, 'i/we hereby tender forthe supply to the hindusthan steel private ltd. of the materials described inthe undermentioned memorandum.' the memorandum described ..... the property in the earth wouldcontinue in the company in spite of its conversion into such a different thingas bricks. further we find that the contract provided that the bricks wouldremain at the appellant's risk till delivery to the company. now, obviously brickscould not remain at the appellant's ..... bricks had all along been its property and therecould be no transfer of property in them to it. this contention is founded on aclause in the contract which says, 'land will be given free' andwhich was apparently intended to make the earth available to the appellant formaking the bricks. 4. .....Tag this Judgment!