Court : Chennai
Decided on : Aug-10-1896
Reported in : (1896)ILR19Mad398
..... no consideration for the agreement.7. as to the second question, its determination depends upon the construction to be put upon section 63 of the indian contract act, which provides, among other cases, for one like the present, of an agreement to extend the time for the performance of a promise. before ..... done by holding that agreements referred to in section 62 are agreements which more or less affect the rights of both parties under the contract discharged by such agreements; whilst those referred to in section 63 are such as affect the right of only one of the parties. the ..... . 21 and laid down that it cannot be maintained, that although there was an agreed substitution of other days than those originally specified, still the contract remained. in meeting an objection based on the absence of consideration, to the view which was taken by him, the chief justice argued thus: ' ..... ex. 839 must, unless made under seal, be supported by consideration has not, as pointed out by sir f. pollock in his work on contracts (sixth edition, page 177), been productive of very happy results. the learned author attributes such results to the carrying out of a general principle ..... reasonably applicable; or in other words to the doctrine of consideration, instead of governing the formation of contracts, being made to regulate and restrain their discharge also.8. now the question arises whether the indian legislature intended to perpetuate such an unsatisfactory state of things in this country. i think that .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-25-1896
..... , 112 u. s. 549 . it appears from the first article that this treaty was entered into at the close of a war between the two contracting parties; that the indians agreed to accept certain reservations of land, and the united states, on its part, "solemnly agreed" that no page 163 u. s. 518 persons, ..... and the soil under them were not granted by the constitution to the united states, and hence the jurisdiction exercised thereover by the federal government, before the formation of the new state, was held temporarily page 163 u. s. 512 and in trust for the new state to be thereafter created, and that ..... of the united states so long as game may be found thereon and so long as peace subsists among the whites and indians on the borders of the hunting districts." in july, 1868, an act had been passed erecting a temporary page 163 u. s. 506 government for the territory of wyoming, 15 stat. 178 ..... purpose of congress to continue them in the state after its admission, such continuation will, as a matter of construction, be upheld, although the enabling act does not expressly so direct. here, the nature of the right created gives rise to no such implication of continuance, since, by its terms it ..... the act admitting wyoming into the union, which recognized her co-equal rights, was merely declaratory of the general rule. in pollard v. hagan, 3 how. 212 (1845), the controversy was as to the validity of a patent from the united states to lands situate in alabama which, at the date of the formation .....Tag this Judgment!