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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 1915 Page 1 of about 5 results (0.068 seconds)

Oct 21 1915 (PC)

Boggiano and Co. Vs. the Arab Steamers Co. Limited

Court : Mumbai

Decided on : Oct-21-1915

Reported in : AIR1916Bom265; (1916)ILR40Bom529

..... liability and nothing else, and formed a special chapter of the law of bailment. therefore, in any event, in my opinion, the case is governed by section 65 of the indian contract act; and the plaintiffs are entitled, under the events which have happened, to recover the amount paid by them in advance for freight with interest at 6 per cent. from the ..... plaintiffs were asked to admit that the ship was under charter to chhagandas & co. and in para. 5 of the written statement the defendants rely on section 56 of the indian contract act. the defence was really based on the decision in the case of civil service co-operative society v. general steam navigation company [1903] 2 k.b. 756 which is applicable ..... . i do not think that when their lordships said that there was in india before the indian contract act a complete code for common carriers they intended to decide that the general provisions of the common law relating to the formation and performance of contracts, should still be applicable to contracts entered into by the public with common carriers.15. the defendants appear to have conceded ..... . the plaintiffs, therefore, filed this suit to recover the freight and for an account of the rs. 12,000 paid by them to defray the costs of unloading. if the indian contract act applies, the contract became void under section 56 of the act and the defendants were bound, under section 65, to restore to the plaintiffs the advantage they had received under the .....

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Oct 21 1915 (PC)

C. Boggiano and Co. Vs. the Arab Steamers Ltd.

Court : Mumbai

Decided on : Oct-21-1915

Reported in : 33Ind.Cas.536

..... liability and nothing else, and formed a special chapter of the law of bailment. therefore, in any event, in my opinion, the case is governed by section 65 of the indian contract act; and the plaintiffs are entitled, under the events which have happened, to recover the amount paid by them in advance for freight with interest at 6 per cent, from the ..... plaintiffs were asked to admit that the ship was under charter to chhagandas & co. and in paragraph 5 of the written statement the defendants rely on section 56 of the indian contract act. the defence was really based on the decision in the case of civil service co-operative society v. general steam navigation company (1903) 2 k.b. 756 : 72 l.j ..... do not think that, when their lordships said that there was in india before the indian contract act a complete code for common carriers, they intended to decide that the general provisions of the common law relating to the formation and performance of contracts should still be applicable to contracts entered into by the public with common carriers.15. the defendants appear to have conceded this ..... . the plaintiffs, therefore, filed this suit to recover the freight and for an account of the rs. 12,000 paid by them to defray the costs of unloading. if the indian contract act applies, the contract became void under section 56 of the act and the defendants were bound, under section 65, to restore to the plaintiffs the advantage they had received under the .....

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Aug 11 1915 (PC)

HussaIn Saib and ors. Vs. Hassan Saib and ors.

Court : Chennai

Decided on : Aug-11-1915

Reported in : AIR1916Mad165; 31Ind.Cas.927

..... partition, and dissolution of partnerships. the rights of the parties must be determined with reference to the muhammadan law of inheritance and succession, and to the law contained in the indian contract act relating to acquisitions made with joint labour, or by means of property in which more persons than one are interested or with property originally jointly acquired and held in co ..... of the members, his estate must necessarily devolve upon persons within the co-parcenary itself. where one of the partners dies, the firm would ordinarily be considered to be dissolved. [indian contract act, section 253(10)]. but since the firm has been continuously carried on, there must, in the eye of the law, be considered to have been, on the death of ..... may under certain circumstances differ from the rights of those male members who assist in the business, and in the acquisition of property, because the latter would under the indian contract act be entitled to be considered partners in regard to the acquisitions made by efforts in which they have joined, whereas females and such males as have not contributed their efforts ..... a group of persons belonging to a family governed by muhammadan law, work together for the purpose of earning their livelihood and acquiring properties, the transition leading up to the formation of such a thoroughgoing partnership is extremely easy, and secondly, it indicates limitations on the scope of the partnership and points out a means for limiting the assets and .....

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Jul 08 1915 (PC)

The Advocate General Vs. Jimbabai

Court : Mumbai

Decided on : Jul-08-1915

Reported in : (1915)17BOMLR799

..... against the interest of the makers. nor do i think that these depositions of men long dead are admissible under any other provision of the indian evidence act. i have examined them, however, with the object of bringing out clearly what really were the materials before sir erskine perry in 1847. many ..... evidence its general interest can hardly be denied, nor the importance if this can be done, in a controversy of the kind, of tracing the formation of opinion in the sect. several points of importance emerge. this complete review of the evidence confirms, in my opinion, what i have said more ..... will wipe out an existing anomaly, the isolated attitude of the bombay high court in dealing with article 127 of the second schedule of the indian limitation act. every other high court in india has held that that article does not apply to mahomedans. the bombay high court alone has held that it ..... 11 bom. l.r. 545, in which the same question was sought to be reagitated indirectly. the suit was nominally for specific performance of a contract to buy certain property belonging to the plaintiff. indirectly the plaintiff sought to obtain a judicial decision that the said property was his self-acquired property and ..... latter, mr. f.e. dinshah and mr. inverarity, for example, i entertain considerable doubt whether it is relevant at all under section 48 of the indian evidence act. certainly, in the case of mr. dinshah, even if it be relevant, it can be of little or no value. doubtless, in questions of this .....

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Jan 25 1915 (PC)

Boyd and Forrest Vs. Glasgow and So.-western Railway Co

Court : House of Lords

Decided on : Jan-25-1915

..... strata, as the company will not hold themselves liable for any claim that may be made against them on account of any inaccuracy in the journals of the bores. the formation level in both cuttings and embankments shall be 1 foot 9 inches below mean rail level. of the probability of rock existing in any of the cuttings or other excavations ..... misrepresentation of the appellants, (2) that the work as executed by the respondents proved to be entirely different from that contemplated by the contract, and (3) that the appellants were by their actings barred from founding on the said contract as the basis of charge. their lordships of the second division were of opinion that the plea that the work as executed by ..... mr melville, who was their chief engineer, and occupied the position of responsible borer. it will be convenient to consider, in the first instance, the second allegation. over the whole contract work sixty-five bores were taken. they were taken partly by employees of the appellants, under the superintendence of their engineering staff, and partly by an independent professional borer, mr ..... misrepresentation. a case in some respects not unlike the present may be cited, viz., pearson v. dublin corporation, in which there were protective clauses analogous to those in the present contract. putting the contractor upon his own inquiry, as the noble earl loreburn said, these clauses contemplate honesty on both sides, and protect only against honest mistakes. lord ashbourne was of .....

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