Court : Mumbai
..... there is no such case and/or covenant pointed out. there is no such assignment ordered. the submission, revolving around the provisions of the indian contract act and the supporting documents, in our view, is also of no assistance. 28. the court, therefore, in the case in hand cannot direct the bank, at this ..... gvk ratle, as instructed and/or mentioned in communication dated 30 july 2016. all are bound by such terms and conditions of the commercial document like pbg. the learned senior counsel appearing for respondent no.s 2 and 3, based upon the judgments so cited and as read and ..... directed to be made to the owner -gvk ratle, instead of the contractor beneficiary gvk projects. it is also submitted that pbg is not negotiable document/instrument. the terms and conditions of pbg are required to be followed strictly. the bank is under obligation to discharge its liability under those terms ..... and conditions as agreed between the parties. the appellant has also executed a counter guarantee/indemnity in favour of the bank along with the necessary documents. by letter dated 9 july 2013, the appellant/borrower requested to issue pbg of rs.98.35 crores in favour of gvk projects. it ..... the local persons for the project. the correspondence/communications, itself show that the demand was raised from time to time. pbg, being an independent contract and there is no irretrievable injustice and considering the scope of appeal against such ad-interim order, the appeal is required to be dismissed. .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1982MP85
..... it was simply a collecting agent for the plaintiff company on commission and other collecting charges.12. as regards the question of transfer of ownership by transfer of title documents under the indian contract act. the position has been settled by the supreme court in morvi mercantile bank ltd. v. union of india, air 1965 sc 1954 wherein it has been held that under ..... is a document of title to the goods covered by it and the transfer of the said ..... document for consideration effects a constructive delivery of goods also.13. we shall now proceed to examine the questions as posed ..... the indian law the transport receipts are equated with the goods covered by them for the purposes of constituting delivery of goods within the meaning of the contract act and that transport receipt .....Tag this Judgment!
Court : Mumbai
Reported in : (1913)15BOMLR890
..... shall be taken to be mercantile documents of title fulfilling one or other of the two specified conditions, viz., proving ..... to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive the goods thereby represented.15. this is one of the sections of the transfer of property act relating to contracts which under section 4 is to be taken as part of the indian contract act. we have, therefore, an express statement by the legislature that railway-receipts ..... in the ordinary course of business the possession or control of goods, or authorising or purporting to authorise either by endorsement or by delivery the possessor of the document ..... england there is no force in the distinction -drawn by sir charles sargent in great indian peninsula railway company v. hanmandas ramkison i.l.r.(1889) bom. 57. it is to be noted that sections 102 and 103 are the only sections of the contract act which refer to assignment of documents of title and that section 137 of the transfer of property .....Tag this Judgment!
Court : Kolkata
Reported in : (1911)ILR38Cal127
..... , however, that may be, i think it must fail.18. in india there is now statutory recognition of a delivery order as. a document of, title (see section 108 of the contract act and section 137 of the transfer of property act) and under it the transferee acquires a title to the goods to which it relates.19. it is, however, urged, that, in ..... of them to this delivery order; and it is contended that no reliance can be placed on the 1st exception to section 108 of the contract act, inasmuch as, in the, circumstances, the delivery order was not a document of title. it is difficult to see how the defendant company can successfully rely on this plea in view of my conclusion as to ..... this case, it cannot be regarded as a document of title, seeing that the goods to which it relates were not ascertained. but in fact ..... credit in this trade on either side?a. none whatever.q. you don't part with your documents without the cash and he wants his documents representing the goods before he pays?a. yes.q. these delivery orders are considered a good tender under a contract?a. oh, yes.q. it is for the purpose of really making a tender that you make .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1939Bom435; (1939)41BOMLR609
..... meaning of section 178 of the indian contract act. as regards the term jangad used in the document the learned judge observed as follows : 'assuming that jangad in gujerati ordinarily ..... 1928. at that time the relative section of the indian contract act did not contain the expression 'mercantile-agent' but only 'person'. on a consideration of the terms mentioned above the learned judge came to the conclusion that the possession obtained under a document worded as aforesaid was not juridical possession within the ..... no issue has been raised on the point. unless such a right to appoint a sub-agent was established, under section 193 of the indian contract act this act of the agent is not binding on the principal and he is entitled to repudiate the same. the authority of defendants nos. 1 and ..... a smaller authority and was therefore included in the larger one. in my opinion this argument is unsound. under section 190 of the indian contract act an agent has no power to delegate his authority to any one except when it is done according to the custom of trade or from ..... the owner. if the authority is exceeded, the question will have to be considered in the light of sections 227 and 228 of the indian contract act. the judgment of the appeal court which treats 'jangad' as equivalent to sale or return must be read as applicable only when the goods .....Tag this Judgment!
Court : Chennai
Reported in : II(1990)DMC568
..... under ex. a-1 will fall within the ambit of section 23 of the indian contract act. in this view of the matter, the argument of learned counsel for the appellant that the transaction covered by the document ex. a-1 would fall within the mischief of section 23 of the indian contract act, cannot at all be countenanced.8. i am to point out here that ..... , as being opposed to public policy under section 23 of the indian contract act and consequently, the settlement deed under ex. a1 is null and void and that the plaintiff cannot at all be conferred with any manner of right, title or interest in the properties settled in her favour under the document. in support of such a submission, learned counsel would draw my ..... attention to the following decisions and a passage from the 'law of contract' by mr. t.s. venkatesa iyer.(1) meenakshisundarammal v. subramania ayyar, : air1955mad369 . a division bench of this court considered the effect of section 23 of the indian contract act as follows :-- 'it may sometime ..... and the first defendant alone contested the suit by filing a written statement contending as follows. the settlement deed ex. al is null and void under section 23 of the indian contract act. he purchased schedule i property from the second defendant in good faith and for valuable consideration under ex. a2 sale deed. thereafter, he had been in possession and enjoyment of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2004Guj102; (2003)3GLR2563
..... we hold that the agreement dated 24th march, 1980 is not in contravention of provisions of section 23 of the indian contract act.16. the next submission of mr. parikh is that the document in question shows that originally there were 3 persons on the side of plaintiffs viz. plaintiffs nos. 1 and ..... , therefore, it is against the provisions of section 43 of the tenancy act. the agreement, therefore, would be in contravention of section 23 of the indian contract act. similarly, in respect of the suit land, at the time the document in question exh. 207 was executed, no permission as required under sections ..... 43 and 63 of the tenancy act was obtained and, therefore, also the transaction was in contravention of section 23 of the indian contract act. he ..... collector was needed in view of the provisions of section 43 of the tenancy act and since the agreement to sell was without obtaining such permission, the agreement was in contravention of section 23 of the indian contract act. we cannot accept this submission of mr. parikh because in the evidence of ..... been joined as plaintiff or as proforma defendant and the plaintiffs having not done so, that was against provisions of section 45 of the contract act. we do not see any reason to accept the aforesaid submission of mr. parikh and in our opinion the aforesaid decision does not .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1924Bom182; (1923)25BOMLR1225
..... husband and wife, and that it is difficult to accept the idea that they have become partners in law. in my opinion, they have become partners by this document within the meaning of indian contract act, and that the businsess of karamchand fremchand is constituted a firm. as it is an unregistered firm, my answer to the question referred to us is in the ..... to partnerships.4. the-question has been argued before us on the footing that the requirements of the definition of 'partnership' as given in section 239 of the indian contract act are not satisfied by this document. it is not necessary for the purposes of this reference to determine the general question as to whether the meaning of the word 'firm' must necessarily be ..... reference, though the point is by no means free from doubt, that we must apply the definition contained in section 289 of the indian contract act in considering the question of the construction of this document. the first clause in this document, as i read it, constitutes a partnership between ambalal and his wife, and if that is so, the inference would be, having ..... that it is not a firm, because the requirements of section 239 of the indian contract act are not satisfied according to the terms of the document. in other words, it is contended that the persons who executed the document did not constitute a partnership within the meaning of the indian contract act. the document is sufficient, in my opinion, to constitute a partnership between the two executants of .....Tag this Judgment!
Court : Punjab and Haryana
..... purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or ..... introduced a proviso to section 49 of the indian registration act, to clarify the effect of non- registration of a contract executed in terms of section 53-a of the transfer of property act. section 49 of the registration act 1908, reads as follows:- "49. effect of non-registration of documents required to be registered. - no document required by section 17 or by any provision of the ..... envisaged by section 53a of the transfer of property act shall, after enactment of section 17(1a), be compulsorily registrable and if not so registered, shall have no effect for the purpose of section 53a of the 1882 act. section 17(1a) reads as follows:- "section 17(1a) of indian registration act, 1908 the documents containing contracts to transfer for consideration, any immovable property for the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(6)ALLMR(SC)904; 2009(2)KarLJ1; (2008)7MLJ550(SC); 2008(9)SCALE144; 2008AIRSCW6476; 2008(4)LH(SC)2287; 2008AIRSCW6476; 2008(4)LH(SC)2287
..... no consideration in the eye of law. however, the question is as to whether a partition deed would be violative of section 25 of the indian contract act for want of consideration. it is per se not a void document. no such plea was raised. no issue has been framed. no evidence has been adduced. no ground has been taken even in the memo ..... be disclosed in the document, which having not been done, the impugned judgments could not have been sustained. xii) power of attorney having not been witnessed by a close ..... same is nonest in the eye of the law, as it would be a nullity.33. section 16 of the indian contract act provides that any transaction which is an outcome of any undue misrepresentation, coercion or fraud shall be voidable.if, however, a document is prima facie valid, a presumption arises in regard to its genuineness.in prem singh (supra), it was stated ..... application as both the appellants had not acted upon the documents of lis.x) the properties of joint families and the self acquired properties and in particular the properties standing in the name of singaramma could not be put into hotchpotch of joint family properties. xi) consideration within the meaning of section 25 of the indian contract act, love and/or affection being consideration must .....Tag this Judgment!