Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1900)ILR22All307
..... doubt and is supported by the authorities cited by the learned chief justice in his judgment. therefore, since the enactment of section 43 of the contract act, the recovery of a judgment against one of several joint debtors does not bar a subsequent suit against his co-debtors. the result is ..... in rahmubhoy hubibbhoy v. turner (1890) i.l.r. 14 bom. 408, scott, j., in the first court said that 'section 43 of the contract act ix of 1872 is not perhaps quite clear whether a complete adoption of the english rule is intended.' he, however, applied the decision in hemendro coomar ..... 37. similarly in lukmidas khimji v. purshotan haridas (1882) i.l.r. 6 bom. 700, mr. justice latham expressly held that section 43 of the contract act materially altered the rules of the english common law, and disallowed an objection by a partner defendant that the other partners should have been joined as defendants ..... applicable where the liability sought to be enforced is joint and several. that being so, how does the matter stand in india? section 43 of the contract act provides: 'when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any ..... the plea in abatement would formerly have been dealt with. in india that right of joint debtors has been expressly excluded by section 43 of the contract act, and therefore the basis of the doctrine being absent, the doctrine itself is inapplicable. cassante ratione legis, cessat ipsa lex.4. that this .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1897)ILR19All434
..... of the iqrarnama, the surrounding circumstances and the oral evidence, we have come to the conclusion, in concurrence with the court below, that the contracting parties intended the transaction to be one of mortgage by conditional sale, and not an absolute sale with a right to repurchase. this case is therefore ..... he retained in his hands the equity of redemption of the property in question. it is not likely, therefore, that he entered into a contract of the nature alleged by the defendants. a third circumstance is the form adopted--a form commonly used in these provinces to represent a bai-bil ..... are therefore of opinion that the iqrarnama of the 4th of february 1873, itself affords intrinsic evidence showing that the transaction was intended by the contracting parties to be one of mortgage and not an absolute sale with a right of repurchase.13. there are many extraneous circumstances which we think ..... -wafa or mortgage by conditional sale. in our opinion it is necessary to bear these facts in mind in considering what the intention of the contracting parties was when they entered into the transaction.7. as we have stated above, taluqa pataila, the property which the plaintiff seeks to redeem in ..... the right of repurchase was a genuine document. with the exception of the documents themselves there was no evidence to show the intention of the contracting parties in regard to the transaction. on this point we have satisfied ourselves by a reference to the records of the case. this being so .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1895)ILR17All581
..... that the interest on payment of which in addition to the principal money a mortgagor may prevent foreclosure or sale or obtain redemption is the interest which be contracted to pay, and the payment of which was secured by the mortgage-deed. those who were responsible for the drafting of the transfer of property act, 1882 ..... non-payment on the due date of the money due under a registered mortgage-deed, if the suit was not brought within six years of the breach of contract.12. turning now to act no. iv of 1882, it seems to us to be clear, upon a comparison of the provisions of sections 83, 84 ..... be allowed depend, not upon the agreement of the parties, but entirely on the discretion of the court. it is allowed as compensation for the breach of contract, in the one case to pay at the time certain, and in the other case for non-compliance with demand in writing, and is damages, although ..... , competent to a court in its discretion to allow interest after the date certain under act no. xxxii of 1839, provided that the parties have not contracted themselves out of that act. it is seldom that the provision in the act enabling a court to allow interest when a demand in writing has been ..... seeds, but, until taught by bitter experience, he has but the most hazy conception of legal phraseology. it would be as reasonable to construe a doubtful contract between a spider and a fly against the fly as it would in these provinces be to construe a doubtful provision in a mortgage-deed against the mortgagor. .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-04-1969
Reported in : AIR1970MP119; 1969MPLJ931
..... of rs. 10,101/- as liquidated damages by the party in breach, but that clause was struck out at the time of execution of the contract. instead, the following clause now finds embodied therein:--'7. both parties will pay the damage to each other if they fail to fulfil the conditions ..... cannot be upset because the arbitrator has merely directed what, according to the learned counsel, was only a legal consequence that arose from the plaintiffs' breach of the contract. reliance is placed upon rustomji v. manmal, 1963 mplj 284 = (air 1964 madh pra 15); smt. santa sila devi v. dhirendra nath sen, (1964 ..... earnest money are well known. earnest money, although taken as part payment of the consideration, is also a guarantee for the due performance of the contract. as their lordships of the privy council had stated in chiranjit singh v. har swarup: air 1926 pc 1--'earnest money is part of the ..... for that direction was for their benefit. they have not availed of that direction because they do not want to specifically enforce their rights under the contract. their grievance only lies against the order which refuses to set aside the award in so far as it directs a forfeiture of the amount of ..... dated 31st july 1965. the reference to arbitration required the arbitrator to determine two questions: firstly, which of the parties had committed a breach of the contract, and, secondly, what were the damages payable to the injured party by the party responsible for the breach.3. by an award dated 30th november .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-14-1969
Reported in : AIR1970Raj36
..... monopoly rights to ply the buses and motor lorries exclusively in the territory of the former state of bundi and thus the performance of the contract pertaining to the monopoly rights became impossible by a supervening event. consequently, the state is bound to restore the advantage received by it with ..... on 1-4-1951 which was not under the contemplation of the parties at the time they entered into it, the performance of the contract regarding enjoyment of monopoly rights became impossible. after the motor vehicles act came into force it became impossible for the state to allow the ..... the act of the former bundi state for granting monopoly rights to the company was not impossible in itself nor it became impossible after the contract had been made and therefore section 56 has no application, and consequently section 65 also cannot apply as the agreement was neither discovered to ..... the books of the bundi petrol and automobile supply agency after payments of the dividend due on the 1st november, 1943 as well as the contracts for the railway out-agency and postal mail and agencies for burmah-shell petrol and motor and lubricating oils, kerosene oils, shell-tax grease ..... outstanding as shown in its books together with an additional sum calculated at 10% of such valuation as compensation for compulsory acquisition.'16. the indian contract act does not define the word 'goodwill' but in its legal sense the word 'goodwill' means every affirmative advantage as contrasted with negative advantage .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-01-1969
Reported in : 1969WLN177
..... plaintiff is entitled for the wrongful termination of his service. i am unable to accept this contention. under para 11 any dispute arising in connection with clause 9 of the contracts was to be referred to arbitration. these words are sufficiently wide so as entitled to tribunal determine what damages for wrongful termination of services should be awarded to the plaintiff ..... filed an application, in which two objections were taken against the award. one was that there was an error apparent on the face of it in as much as the contract embodies in the agreement was for personal service and could not be specifically enforced in view of section 21 of the specific relief act. the other was that the tribunal ..... been taken. the facts of khardah co. ltd. v. rayman and co. (india) private ltd. air 1962 sc 1810 are distinguishable. in that case the contract was void as it was prohibited by the forward contracts (regulation) act 1952.27. i would like to make it clear that the principle enunciated above is only applicable to the case of an arbitration tribunal ..... execution of certain work by a with the government of india provided that except where otherwise provided in the contract, all questions and disputes arrising out of or relating to the contract would be referred to the arbitration of the superintending engineer, eastern aviation circle ii. disputes arise between the parties and the government appointed on as an arbitration to adjudicate on .....Tag this Judgment!
Court : Chennai
Decided on : Sep-11-1969
Reported in : AIR1970Mad360; 1970CriLJ1239
..... , charges, fees, rents, expenses, contributions, and other sums which under this act or any rule, by-law or regulation made thereunder or any other law or under any contract including contract in respect of water-supply or drainage made in accordance with this act, and the rules, by-laws and regulations are due by any person to the corporation shall, if ..... it did not want to confer such power to the district board, village panchayat, town panchayat or panchayat union to collect any amount due to the, panchayat under a contract. the legislature then passed the madras panchayats act, 1958 and the government framed the rules thereunder, and followed the pattern provided under the madras district boards act and the madras ..... respectof the mode of recovery by distraint andby prosecution. it is therefore, clear fromthe provisions of these acts that wherever the legislature intended to includethe amount due under the contract alsoto be recovered by the mode of distraintand prosecution, it specifically said so.when there is an omission in thepanchayat act, the omission must be takento be a deliberate ..... collection of taxes, namely, by distraint and if distraint becomes impracticable, by prosecution. 5. now, the question is whether this rule includes the amount due to the panchayat under a contract between the panchayat and the third party under any of the heads mentioned therein. it is clear that the specific heads provided therein, namely, costs, damages, compensation, penalties, charges, .....Tag this Judgment!
Court : Chennai
Decided on : Nov-11-1969
Reported in : 26STC228(Mad)
..... of property in the bricks from the appellant to the company for consideration and therefore there was a sale liable to sales tax. there also the contract was that the assessee was to be provided with the land free, from which bricks had to be manufactured. the question that arose was whether what ..... already suffered a tax at its first sale. in the bills issued by the petitioners they have given the certificate. thus we see that the contract in question entered into between the petitioners and the company provided for a transfer of property in the goods for valuable consideration and such a transfer ..... do not agree, the entire course of conduct adopted by both the petitioners and the company has to be looked into and the words in the contract ought not to be taken out from its context and weighed, dealt with and interpreted de hors the other facts and circumstances attendant upon the dealings ..... would say that the sale is not a first sale. his other contention is that the petitioners are not entitled to the benefit, because the contract in question would disclose that the intention of the parties was that there should be no sale but merely a supply of a finished product with the ..... the nature of the dealings between them and messrs e.i.d. parry limited, hereinafter referred to as the company and urged that there was a contract between themselves and the company, where under certain raw materials such as rosin, shellac etc., were supplied by the petitioners to the company and the company .....Tag this Judgment!
Court : Chennai
Decided on : Nov-11-1969
Reported in : (1971)1MLJ7
..... of property in the bricks from the appellant to the company for consideration and therefore there was a sale liable to sales tax. there also the contract was that the assessee was to be provided with the land free from which bricks had to be manufactured. the question that arose was whether what ..... goods already suffered a tax at its first sale. in the bills issued by the petitioners they have given the certificate. thus we see the contract in question entered into between the petitioners and the company provided for a transfer of property in the goods for valuable consideration and such a transfer ..... do not agree. the entire course of conduct adopted by both the petitioners and the company has to be looked into and the words in the contract ought not to be taken out from its context and weighed, dealt with and interpreted de hors the other facts and circumstances attendant upon the dealings ..... would say that the sale is not a first sale. his other contention is that the petitioners are not entitled to the benefit, because the contract in question would disclose that the intention of the parties was that there should be no sale but merely a supply of a finished product with ..... the, nature of the dealings between them and messrs. e.i.d. parry limited, hereinafter referred to as the company, and urged that there was a contract between, themselves and the company, whereunder certain raw materials such as rosin, shellac, etc., were supplied by the petitioners to the company and the company .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-05-1969
..... that we make our ruling prospective only, asserting that he reasonably believed he had a right to invoke federal jurisdiction, and that the four-year texas statute of limitations governing contract actions, tex.rev.civ.stat., art. 5527 (1948), may bar him from recovering in the state courts as to some of the installments allegedly due him. however, another ..... an additional $165,000 in 12 annual installments. no installment payments ever were made, despite requests for payment by panama. in 1964, panama assigned its entire interest in the 1959 contract to petitioner kramer, an attorney in wichita falls, texas. the stated consideration was $1. by a separate agreement dated the same day, kramer promised to pay back to panama ..... or joined to invoke the jurisdiction of such court." the facts were these. respondent caribbean mills, inc. (caribbean) is a haitian corporation. in may, 1959 ,it entered into a contract with an individual named kelly and the panama and venezuela finance company (panama), a panamanian corporation. the agreement provided that caribbean would purchase from panama 125 shares of corporate stock ..... for an $85,000 downpayment and $165,000 in 12 annual installments. no installment payments were made, despite demands by the panamanian company, which thereafter assigned its interest in the contract to petitioner, a texas attorney, for $1. by a separate agreement, petitioner promised to pay the panamanian company 95% of any net recovery "solely as a bonus." petitioner filed .....Tag this Judgment!