Court : Supreme Court of India
Decided on : Jul-21-1970
Reported in : AIR1970SC2000; (1970)3SCC809; 1SCR671; 26STC344(SC)
..... . in andhra sugars ltd. and anr. v. state of andhra pradesh and ors. : 1scr705 again, in the view of the court liberty of contract between parties to transactions relating to supply of sugarcane was not ruled out. under the andhra pradesh sugarcane (regulation of supply and purchase) act, 1961, the ..... sales. the decision in indian steel & wire products ltd.'s case : 1scr479 does not justify the view that even if the liberty of contract in relation to the fundamentals of the transaction is completely excluded a transaction of supply of goods pursuant to directions issued under a control order may be ..... any iron or steel except in accordance with the conditions contained or incorporated in the order of the controller and that since there was liberty of contract between the parties but subject to restrictions, the transaction could be regarded as a sale. it was observed at p. 489 :but under clause ..... is some consensual arrangement, in our judgment, supply of wheat pursuant to clause 3 of the order and acceptance thereof do not result in a contract of sale. the high court observed that:. whatever compulsive or coercive force is used to bring about a transaction under clause 3 of the levy ..... at the controlled rate. the source of the obligations to deliver the specified quantities of wheat and to pay for them is not in any contract, but in the statutory order. in our judgment clause 3 sets up a machinery for compulsory acquisition by the state government of stocks of wheat .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-20-1970
Reported in : AIR1971Guj73; (1971)0GLR235
..... observation, their lordships pointed out that the conduct of the parties may justify an inference that after the determination of the contractual tenancy the landlord had entered into a fresh contract with the tenant, but whether the conduct justifies such an inference must always depend upon the facts of each case. in the present case, the question is not of a ..... shall be construed to limit or abridge the rights or privileges of any tenant under any usage or law for the time being in force or arising out of any contract, grant, decree or order of a court or otherwise howsoever. their lordships, therefore, in terms stated; 'the act, therefore, does not rule out the payment by the tenant and acceptance ..... not also amount to assenting to the lessee continuing in possession. thereafter, their lordships observed as under:- 'of course, there is no prohibition against a landlord entering into a fresh contract of tenancy with a tenant whose right of occupation is determined and who remains in occupation by virtue of the statutory immunity. apart from an express ..... of the parties may undoubtedly justify an inference that after determination of the contractual tenancy, the landlord had entered into a fresh contract with the tenant, but whether the contract justifies such an inference must always depend upon the facts of each case'. this decision is in the context of section 116 of the transfer of property act for finding .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-21-1970
Reported in : AIR1971Raj258
..... necessary to express any opinion on the question whether an arbitration agreement is of such a special nature as to require a stricter construction of its terms than any other contract for, as has been stated, the relevant clause of the agreement relied upon by the respondent company does not amount to an arbitration agreement on any construction thereof. 9. mr ..... ., air 1956 cal 280. in that case the word 'can' was used in the relevant clause, which ran as follows.-- 'in the event of any dispute arising out of this contract the same can be settled by arbitration held by a chamber of commerce at madras. their decision shall be binding to. the buyers and the sellers'.it was held that ..... into a contract, there is no reason why it should not be able to enter into an agreement to submit its differences with the other party, to arbitration out of court. in this ..... an arbitration agreement between the respondent company is no longer permissible and should be rejected. i am not persuaded, however, that this argument is correct. an arbitration agreement is a contract to submit the differences between the parties to a tribunal of their choice, and as a company has a legal personality of its own, and has the power to enter .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-30-1970
Reported in : AIR1971Raj294; 1970(3)WLN729
..... behalf so as to challenge the finding of the lower court. there there was no plea left for ramnaravan sharma to refuse specific performance of the contract. 19. learned counsel for the appellants challenged the finding of the court below with regard to the payment of rs. 1000/- on 13th june ..... this decision applies with full force to the facts and circumstances of the present case. 17. here too, though there is no privity of contract between the appellants and sheo sahai but as the appellants are the representatives-in-interest of ramnarayan in whose favour sheo sahai had made an ..... on the parties and that such an option becomes assignable and an assignee of the vendor will be entitled to claim specific performance unless the contract itself prohibits the assignment, or it has been stipulated therein that the benefit of repurchase could be claimed only by the vendor or by ..... 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 27th january. 1891, obtained possession of the property, and venkatasubrahmanya received rs. 10,000/- besides acquiring the right ..... v. munuswami, air 1928 pc 174. their lordships observed with regard to the counterpart agreement that, 'all the elements necessary to constitute a contract were present. there was an undertaking on the part of ven-katapathi to reconvey the village to venkatasubrahmanya and krishnaswami in the event of their .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-28-1970
Reported in : AIR1971Cal56
..... . it is true that section 175(3) uses the expression 'executed' but that does not by itself contemplate execution of a formal contract by the contracting parties. a tender for purchase of goods in pursuance of an invitation issued by or on behalf of the governor-general of india and ..... before us. from such correspondence it does not appear that there was compliance with article 299(1) of the constitution in respect of any contract embodying the rights of the plaintiff upon which the plaintiff is now suing the government.10. there is however another aspect of the matter. ..... 1935 or the corresponding provisions of article 299(1) of the constitution of india are mandatory in character and contravention of these provisions nullifies the contracts and makes them void. the supreme court further observed that in those circumstances there is no question of estoppel or ratification. reliance was also ..... if not, what is the consequence thereof in this application. the learned subordinate judge had come to the conclusion that as there was no contract or agreement between the parties because of non-compliance with article 299(1) of the constitution the plaintiff was not entitled to any relief in ..... from the suit being not maintainable for absence of service of notice under section 80 of the code of civil procedure and any legal contract or agreement between the parties, the plaintiff will not suffer any injury as the railway administration will provide adequate siding facilities to the plaintiff .....Tag this Judgment!
Court : Kolkata
Decided on : May-08-1970
Reported in : AIR1971Cal62
..... on behalf of the customs authorities that both laurenco marques and swaziland were outside south africa. consequently, it was submitted that on the face of the documents relating to the contract, the goods were destined for a place outside south africa. therefore, there has been no contravention of the notification dated the 3rd october, 1964.14. mr. g. p. kar appearing ..... the 3rd october, 1964.13. coming to the facts of the present case mr. ginwalla submits with reference to the telex messages and communications annexed to the petition and the contract contained in the purchase notes that the destination of the goods in so far as the petitioner was concerned was laurenco marques in transit to swaziland. it was not disputed ..... other specifications c & f lourenco marques.3. it is the case of the petitioner that the ultimate destination of the goods was unknown to the petitioner at the time the contract was concluded. in any event, the petitioner would have discharged all its obligations under the aforesaid agreement if the petitioner has shipped the said goods to lourenco marques andthe petitioner .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-14-1970
Reported in : 41CompCas557(Bom)
..... losses notwithstanding that the goods were merely in the possession or control of the bank. 31. mr. tijoriwala, learned counsel for the respondent relied on a passage from chitty on contracts, volume i, paragraph 697, at page 696, which is as follows : 'effective exclusion. - liability for negligence may be effectively excluded if words are used which indicate that all damage however ..... conditions in the contract, but the exempting words must be express, unambiguous and adequate in all the circumstances since they will be construed strictly against the bailee.' 27. he also cited a case mentioned ..... the rules ...' 26. he also argued that clause 7 must be construed strictly against the bailee, i.e., the first defendant-bank, and relied upon a passage in chitty on contracts, 23rd edition, volume 2, paragraph 185, at page 184. the said passage runs as follows : 'exemption from liability. - the bailee may exempt himself from his common law liability by special ..... the said application was allowed. by the amendment made by the defendants it was, inter alia, contended that under the said agreement dated 15th september, 1953, the first defendants had contracted themselves out of their liability be reason of clause 7 of the said agreement. 9. upon the pleadings the learned judged raised ten issues, out of which the following are .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-28-1970
Reported in : (1970)72BOMLR835; 1970MhLJ481
..... april 18, 1964. because the opponent did not fulfil his promise, therefore the applicant had to file this suit claiming a decree for specific performance of the contract.2. a decree was passed in favour of the plaintiff by a judgment dated june 80, 1965. the decree was drawn on july 2, 1965. under ..... when the same high court in various other cases has taken a different and a contrary view.5. now, in a suit for specific performance of a contract, a decree has to joe passed. all that a decree for specific performance can properly contain in the beginning is an adjudication to the effect that the ..... plaintiff is entitled to the enforcement of the contract which the defendant had entered into with him for the sale of a certain property for a certain specified sum. the power of the court to ..... 'which the court has ordered to pay, the vendor or lessor may apply in the same suit in which the decree is made to have the contract rescinded' clearly show that all these applications for extension of time for payment of the balance of consideration should be made to the court which passes the ..... high court in tribeni v. ramratan a.i.r.  pat. 460. that high court also was considering a decree for specific performance of a contract for sale and an extension of time after expiry of time originally fixed for payment of purchase money. it was considering section 85 of the old specific .....Tag this Judgment!
Court : Kerala
Decided on : Aug-11-1970
Reported in : (1970)IILLJ665Ker
..... the revocation of the order granting him leave preparatory to retirement and recalling him to duty is bound to result in serious adverse consequences to him in regard to various contracted commitments which he might have entered into on the faith of the permission granted to aim. counsel for the respondent sought to meet this point by laying emphasis on the ..... inquiry report received by it on 23.11.1960 from the director of vigilance that in the course of an investigation conducted into certain complaints relating to the grant of contracts in connection with the idiki project irregularities had been disclosed in which the petitioner was also involved. it is submitted in the board's counter affidavit that 'had the board ..... provisions is to provide for reciprocal rights to the government (or the board as the case may be) as well as to the officer to put an end to the contract of service, at their option, provided the officer has already completed the requisite period of qualifying service mentioned therein and subject to the conditions enumerated in the rule. the condition ..... construction works involving large financial outlay. in proof of the above fact the petitioner has produced exts. p-7 to p-16 which are documents relating to some of these contracts.3. on 30.3.1970 the board sent a communication to the petitioner (ext. p-6) informing that exigencies of service needed immediate revocation of the orders dated 10.1 .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-21-1970
Reported in : AIR1971Raj306; 1970(3)WLN758
..... of standard rent and thus null and void.29. the view propounded in this case appears to us to be based upon a little exaggerated importance to the liberty of contract and lapses and omission on the part of tenants and to ignore the purpose of the act and the mischief it is intended to suppress and the nature of the ..... similar nature on the 1st day of january, 1951. any agreement contrary to the provisions of section 4 would be one to which the provisions of section 23 of the contract act became applicable, and such an agreement is not enforceable. it is obvious that the agreement if countenanced will defeat the provisions of the law made for the purpose of ..... january, 1943, and not superseded by or merged in a decree or order of the court in any suit under this act, no tenant shall, notwithstanding anything contained in any contract, be liable to pay to his landlord for occupation of any premises any sum in excess of the standard rent therefor decreed by the court, unless such sum may lawfully .....Tag this Judgment!