Court : Mumbai
Decided on : Jul-27-1970
Reported in : 43CompCas284(Bom)
..... false and such statements were made by them fraudulently with a view to have their proposals accepted. on this evidence, we hold that the contract of insurance entered into with the indian mercantile insurance company is vitiated and not binding on the defendant. the policy in suit on which ..... will be a mere ratification of the first and they must be construed together. in the instant case, there is nothing inconsistent between the first contract and the second agreement. no material terms have been altered. there is only a modification with respect to the amount of insurance, everything else remaining ..... where the representations, statements and agreements made by an assured in his application for a policy of life assurance are made a basic condition of contract by the policy of life insurance, the truth of the statements contained in the proposal are, apart from the question of their materiality, ..... fraud. secondly, the materiality of the untruth is not in issue; the parties having settled for themselves - by making the fact the basis of contract and giving warranty - that as between them their agreement on that subject precluded all inquiry not the issue of materiality. a similar view has been ..... kind of misrepresentation or mis-statement or suppression of any facts, much less material facts, and the defendant was not entitled to repudiate the contract. 14. the law with respect to insurance previously was that any mis-statement on the part of the assured while making the proposal or .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-23-1970
Reported in : AIR1970Kant270; AIR1970Mys270
..... is especially true of conveyance. there even, if there has been a formal antecedent contract, that contract cannot be looked at to control the terms of the conveyance; much less can mere communing which could only show what parties meant to ..... that that introduces the correspondence as a part of the deed. nothing is better settled than that when parties have entered into a formal contract, that contract must be construed according to its own terms and not be explained or interpreted by the antecedent communing which led up to it. this ..... already stated, consideration is undoubtedly a term--a very important term of a contract or a transaction.58. another case depended upon by mr. ramachandra rao is a decision of the calcutta high court in satyesh chunder sircar v. ..... other in consideration of that other party giving up his right to certain property. if, however, the letter itself is to be regarded as contract with respect, we find it difficult to agree that the omission to mention consideration therein can be supplied by oral evidence because, for the reasons ..... entitle any person to any decree or order relating thereto, such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law.proviso (2). the existence of any separate oral agreement as to any matter .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-1970
Reported in : AIR1970SC1683; (1970)2SCC307; 1SCR546
..... the conclusion reached by the other learned judges, has emphased that by the first part of s. 12, the tenant is protected against his own contract and the landlord is protected by the second part of the said section; but in the case before them the landlord could not seek protection of ..... becomes ineffective is where the tenant has made a stipulation in writing registered as to the erection of buildings, erected after the date of the contract of lease. the res-triction is therefore made only in respect of a limited class of cases which expressly attract the description of the stipulations ..... is a stipulation as to the erection of buildings, coming within the proviso to s. 12 and, as such, therestriction on the liberty of contract between the landlord andtenant imposed by the opening clause of s. 12 stood removed. it was further contended on this basis that the lessee 557was bound ..... can remove all structures and buildings erected by him on the demised land. further, under s. 108, there is nothing to prevent the lessee's contracting to handover any building or superstructure erected on the land by him to the. lessors, without receiving any compensation. that is, though under s.108 ..... of two parts. the first part is a general provision saving to tenants comprehended by the act the rights conferred by its operative terms notwithstanding any contract. such rights would, amongst others, include the rights to claim compensation under ss.3 and 4 and the right to exercise option to purchase .....Tag this Judgment!
Court : Kerala
Decided on : Jun-24-1970
Reported in : AIR1971Ker261
..... divorce and this is a relevant enquiry to apply section 2(ix) and to construe correctly section 2(ii) of the act.'marriage under islam is but a civil contract, and not a sacrament, in the sense that those who are once joined in wed-lock can never be separated. it may be controlled, and under certain circumstances, ..... by the father or the father's father, had no option to repudiate it on the attainment of her puberty but this has now been changed. the contract of the father or the father's father stands on no higher footing than that of any other guardian and the minor could repudiate or ratify the ..... contract made on his or her behalf during the minority, after the attainment of puberty. 'puberty' under muhammadan law is presumed, in the absence of evidence, on completion ..... 1950 lah 45). the learned judge expatiated on the real significance of the option of puberty thus:'the marriage under muhammadan law is in the nature of a contract and as such requires the free and unfettered consent of the parties to it. normally speaking, a man and a woman should conclude the ..... themselves but in the case of minors i.e., who have not attained the age of puberty as recognised by muhammadan law, the contract might be entered into by their respective guardians. before the act 8 of 1939 (the dissolution of muslim marriages act 1939) a minor girl given in marriage .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-05-1970
Reported in : (1971)28BOMLR47; 28STC47(Guj)
..... consumed or used up during the course of that activity, no such presumption about the purchase tax liability would arise. for instance, if for the execution of a contract for building construction, the articles like stone crusher, cement mixture or motor trucks are purchased, they would prima facie be capital assets and since such capital assets are ..... whole business activity in question. in other words, the purchases, which are found to be essential for executing a works contract, form a necessary corollary to the business in question. this position, therefore, completely reveals the nature of the relationship which different purchases made with a view to execute the ..... make their purchases from the market, such purchases would obviously become an integral part of the business undertaken by the contractor. thus 'business' activity represented by the works contract of constructing a building cannot be carried out without making purchases of the building materials. the purchase of these materials, therefore, becomes an unavoidable and integral part of the ..... of the appeal, taking the view that the trucks, which were purchased by the assessee, were accessory for transportation of materials for the purpose of effectively carrying out the contract work undertaken by the assessee and, therefore, the purchases were liable to purchase tax under section 13 of the act. the assistant commissioner also rejected the other contentions .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-09-1970
Reported in : AIR1971Raj202; 1970(3)WLN697
..... to the well-known decision in sharpington v. fulham guardians, 1904-2 ch 449. there the guardians for the parish of fulham entered into a contract with the plaintiff for the execution of certain works consisting of altering and adding to an, old mansion-house, for the purpose of carrying out their ..... section that private acts should be kept outside its purview. it would follow that it would not be permissible for us to hold that all contracts must be excluded from the ambit of the section,, irrespective of their nature. in restricting its scope to acts 'done or purporting to have been ..... be considerable difficulty in holding that the word 'act' in section 192, district boards act, includes all cases of mere omission to perform a private contract, even though not amounting to an illegal omission within the meaning of section 4, general clauses act.'a similar view has been taken in 1965 all ..... before a division bench of this court. the learned judges examined the argument regarding the applicability of section 271 of the act to suits based on contracts, and referred to the view expressed by another division bench of this court in municipal board, bhilwara v. bhuralal. 1964 raj lw 504 that ..... plaintiffs' committee.relying on the aforesaid talk with defendant no. 2 and the resolution, the plaintiffs' committee got the debris removed by giving out a contract for the purpose. the debris was removed by october 4, 1958, and the plaintiffs altogether spent rs. 4,287/- for the work. they asked .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-01-1970
chandler v. judicial council - 398 u.s. 74 (1970) u.s. supreme court chandler v. judicial council, 398 u.s. 74 (1970) chandler v. judicial council of the tenth circuit no. 2, misc. argued december 10, 1969 decided june 1, 1970 398 u.s. 74 on motion for leave to file petition for writ of prohibition and/or mandamus syllabus on december 13, 1965, respondent, the judicial council of the tenth circuit, acting under 28 u.s.c. 332, issued an order finding that petitioner was unable or unwilling to discharge his duties efficiently as a district judge for the western district of oklahoma (hereafter the district) and directing that he should not act in any case then or thereafter pending therein, that, until the council's further order, no cases filed in the district were to be assigned to petitioner, and that, if all the active judges in the district could not agree upon the division of business and case assignments necessitated by the order, the council, acting under 28 u.s.c. 137, would make such division and assignments as it deemed proper. petitioner filed with this court a motion for leave to file a petition for a writ of prohibition and/or mandamus directed to the council and sought a stay of its order. the court denied a stay on the ground that the order was interlocutory and that petitioner would be permitted to appear at further proceedings before the council. a hearing, scheduled for february 10, 1966, was not held, the council having been advised that no district judge, .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-27-1970
Reported in : AIR1971Kant217; AIR1971Mys217; (1971)1MysLJ245
..... specific performance. the second paragraph of section 19 makes the matter very clear. if specific performance cannot be granted and the breach of the contract is by the defendant, the plaintiff would be entitled to compensation for that breach. it is quite conceivable that specific performance may not be ..... circumstance that the plaintiff has delayed in seeking legal action, does not lead to the conclusion that he acquiesced in the alleged termination of the contract. the fact that the plaintiff has not furnished any satisfactory and acceptable reason for the delay in filing the suit cannot disentitle him from ..... decision it is observed:--'a court of equity will indeed relieve against and enforce specific performance, notwithstanding a failure to keep the dates assigned by the contract; either for completion or for the steps towards completion, if it can do justice between the parties, and if (as lord justice turner said ..... it appears to me that the learned judge should have considered the case from the point of view whether there was a breach of contract on the part of either the plaintiff or the defendants without confining attention to only what happened on the 26th october 1959. this incidentally, ..... framing these points for decision, the learned judge has gone beyond the scope of the issues which merely concerned itself with the breach of contract either on the part of the plaintiff or on the part of the defendants without reference to particular date connected with the incident. it .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-11-1970
Reported in : 1970WLN398
..... 2.5.45 became void on the coming into force of the constitution. the plaintiff company can be granted relief under section 65 of the contract act on the basis of this plea.31. the learned additional advocate general next relied on the following observations made in the municipal committee krishengarh ..... , their lordships think that their attitude towards the question of pleading was unduly rigid. a defendant who when sued for money lent pleads that the contract was void can hardly regard with surprise a demand that he restored what he received there under.28. in firm sriniwas ram v. mahabir prasad ..... mortgage and as to their claim on the personal covenant being statute barred, but they also insisted on their right to relief under section 65, contract act. the appeal was heard exparte. in spite of this however, their lordships cams to the conclusion that the appellants ought not be refused ..... company derived benefit in the shape of quarrying and removing stone from the mines after the agreement became void. under section 65 of the contract act the company is bound to make compensation for it to the state. similarly the company continued to make payments due under the agreement under ..... of the constitution these laws continued to operate as existing laws at the date of the commencement of the constitution.therefore, under the law of contract, the liabilities of the dholpur state devolved on the united state of rajasthan, and then on the present state of rajasthan when the constitution came .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-20-1970
Reported in : AIR1971Kant156; AIR1971Mys156; (1970)2MysLJ577
..... with, or undertakes not to sue the principal debtor. section 39 enables the holder of a bill of exchange to enter into any such contract with the acceptor without losing his rights against the other parties, provided he expressly reserves his rights against those parties. but the scope of ..... the surety against the principal must be impaired,30. under section 39 of the negotiable instruments act, generally a surety is discharged by a contract between the creditor and the principal debtor by which the debtor is discharged or relieved or by which the creditor gives time to, compounds ..... by the defendants long after the hundies became due from time to time as per their acknowledgments. it is perfectly possible for a surety to contract with a creditor in the suretyship instrument that notwithstanding any composition, release, or arrangement the surety shall remain liable although the principal does not. ..... out by mr. nanjundaswamy, with reference to the hundies. it is important to distinguish clearly between the rights of a surety under an ordinary contract of guarantee not containing any special provisions and the rights of a surety where the instrument creating the suretyship contains certain special clauses. it ..... the plaintiff had to look to the security of immoveable properties for any amount due by the defendants and there was no agreement or contract that the plaintiff had to take action on the hundies.10. although the hundies were considered as securities for the amount advanced, in .....Tag this Judgment!