Court : Allahabad
Decided on : Mar-10-1933
Reported in : AIR1933All417
..... the law relating to contracts, but it is undoubtedly an authoritative statement of the chief rules relating to the formation, ratification and discharge of all agreements enforceable by ..... whole of british india. that act does not profess to be a complete code dealing with every branch of ..... the sake of argument, that act 21 of _1926 does not apply to 'acting' in criminal proceedings and we must then consider what law applies to the agreement as a whole, leaving that act altogether out of consideration.28. in my opinion, the law which the courts are bound to apply is the general law of contract, enacted in the-indian contract act, 1872 which extends to .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-09-1933
Reported in : AIR1933Cal759
..... defendant that the matter having been decided by the arbitrators, the court has no jurisdiction to re-open the matter. it is conceded that, where the formation of the contract is challenged, e.g., where it is said that one party did not sign, there a suit lies. again, it is conceded that where ..... struck me as an honest man. the plaintiff has set up a case of fraud. he has set up a case under section 236,. contract act, which on my finding, that he knew perfectly well what sobhachand was going to do and what position he was occupying fails. this court does not ..... suffered by him in carrying out the transaction. had the commission agent been working on difference in price the result would possibly have been otherwise. i now turn to indian authorities other than holmes wilson & co., ltd. v. bata kristo de : air1927cal668 . these arise out of transactions of two kinds, foreign or indent trade [of ..... how to describe himself and certainly did not wish to be tied down: see questions 16, 18 and 21:in all these contracts were you acting as broker?'' in those contracts i was acting in accordance with the rules of the association.'11. on the other hand one matter of importance is clear from his evidence, ..... referred? (1)(a) if so, can the award be set aside on that ground? (2) are the defendants entitled to enforce the contracts, having regard to the provisions of section 23g, contract act? (2)(a) if not, is the plaintiff entitled to have the award set aside on this ground? (3) were the .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-03-1933
Reported in : AIR1934Bom86; (1934)36BOMLR68; 150Ind.Cas.467
..... generally accepted that we must assume it to have been present to the minds of those who framed the indian contract act in 1872; and what we have to do is to construe the indian contract act. the words of section 216 are quite general, and contain no such qualification on the liability of an ..... they are entitled to be paid the amount of any profits made by the plaintiffs in dealing with their own goods under section 216 of the indian contract act. section 215 deals with the right of rescission; and then section 216 is in these terms:if an agent, without the knowledge of his ..... to deal with is as to whether the plaintiffs have derived any benefit within the meaning of section 216 of the indian contract act from having supplied their own goods in purported fulfilment of contracts placed with them by the defendants to purchase such goods in the open market. the answer to that question must, ..... which the defendant purchased certain mines, and subsequently sold them to a company of which he was a director. he purchased the mines before the formation of the company, and therefore it was clear that he was not an agent at the date of the purchase; and the company subsequently, with ..... been purchased on behalf of the defendants, and the subsequent deliveries of goods by the plaintiffs to the defendants in alleged pursuance of the various contracts of purchase were made out of the plaintiffs' own goods, although the prices charged were those at which the plaintiffs allegedi they had bought goods .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-19-1933
Reported in : AIR1933All789; 145Ind.Cas.893
..... the company by the official liquidator. a somewhat similar rule has been provided for by the legilature in section 235 of the indian act by sub-section (3) the indian act lays down:the limitation act, 1908, shall apply to an application under this section as if such application were a suit.44. though there was ..... purpose runs as follows:1. where, in the ease of winding up a company it appears that any person who has taken a part in the formation or promotion of the company, or any past or present director, manager or liquidator, or any officer of the company, has misapplied, retained or become ..... 116 does not apply because from the very nature of the case, the remedy is being sought not on account of the breach of any particular contract as those articles contemplate. we may note here that if article 115 were applicable at all, article 116 would have applied inasmuch as the 'articles of ..... into his custody all the property and effects, etc., of the company (section 178, clause (1)). it will be noticed that there is a vast contract between the position of an official liquidator and the position of a receiver in insolvency. in the receiver in insolvency, the property of the insolvent is vested ..... place. under article 90 time begins to run when the neglect or misconduct becomes known to the plaintiff; under articles 115 and 116, when the contract is broken or the breach in respect of which the suit is instituted occurs. under article 120, limitation begins to run from the date when the .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-03-1933
Reported in : AIR1933All690; 145Ind.Cas.481
..... which has already been discussed, there came into existence towards the end of 1928 an all india workers and peasants party. this was subsequent to the formation of provincial workers and peasants parties. advantage was taken of the christmas session of the congress at calcutta, and the first all india workers and peasants ..... working class for their immediate relief.he went on to say:at the same time kisan sabhas must be organized on an all india scale, contract must be established with the rank and file of the army and police force so that they can be won over to the side of revolution ..... in constant correspondence with the other accused. he took part in the all india workers and peasants party conference at calcutta and supported a resolution for the formation of an all india party. he was a member of the provisional committee of the all india party and took part in 'the council of war ..... was a communist organization. although the constitutions of the provincial parties do not themselves show that they were communist organizations there is no doubt that the formation of such bodies is a part of the programme laid down by the communist international and is in furtherance of its aims and objects. as regards ..... ) i am sure that we can bring about revolution in a very short time. it will be an act of ingrtitude on our part to forget the help given by russian workers and our indian friends.42. after suggesting that there was a conflict of interests between russia and great britain and war was .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-14-1933
Reported in : AIR1933Bom324; (1933)35BOMLR643
..... , p. 291):-gifts are rendered valid by tender, acceptance, and seisin.-tender and acceptance are necessary, because a gift is a contract, and tender and acceptance are requisite in the formation of all contracts : and seisin is necessary in order to establish a right of property in the gift, because ft right of property, according to ..... the sons which passed to their heirs on their deaths (which had happened) in the lifetime of the widow. the case has been treated in the indian high courts as an authority for the proposition that the remainderman cannot take unless he survives the tenant for life : see abdul karim khan v. ..... held that the transaction did not amount to a family arrangement, and there was no evidence that the wife contracted to claim no more than a life interest. the principle upon which the privy council acted is, in my opinion, as applicable to a will as to a deed inter vivos. in my view ..... mahomedan law is applicable to gifts, i am unable to see how the courts can depart from the texts of that law relating to gifts and act on principles of justice, equity and good conscience, which are in direct conflict with those texts, unless we are to hold that those texts are ..... of mahomedan law life-estates in property reserving the remainder to the donor are not recognised but owing to the exigencies of modern civilization we should, acting on principles of justice, equity and good conscience, treat such gifts as valid and not extend to them the principle of the mahomedan law by .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-13-1933
..... substance. nothing in theory or experience indicates that the selection of a common selling agency to represent a number of producers should be deemed to be more abnormal than the formation of a huge corporation bringing various independent units into one ownership. either may be prompted by business exigencies, and the statute gives to neither a special privilege. the ..... the court added that the selling agency will not have monopoly control of any market, nor the power to fix monopoly prices. defendants insist that the primary purpose of the formation of the selling agency was to increase the sale, and thus the production, of appalachian coal through better methods of distribution, intensive advertising and research, to achieve economics in ..... to secure such degree of control therein as would eliminate competition among the 73 percent of the commercial production." but the court added: "however, the formation of appalachian coals was not made dependent upon the formation of other regional selling agencies, and there is no evidence of a purpose, understanding, or agreement among the defendants that, in the event of ..... establish, said this court in nash v. united states, 229 u. s. 373 , 229 u. s. 376 , "that only such contracts and combinations are within the act as, by reason of intent or the inherent nature of the contemplated acts, prejudice the public interests by unduly restricting competition or unduly obstructing the course of trade." see standard oil co. v. united states .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-13-1933
..... of 1842, art. 4, 17, required a bill for a corporate charter to be continued to the next legislature. the constitution of illinois, adopted in 1848, provided that no act authorizing the formation of a corporation with banking powers should be effective unless ratified by popular vote, art. x, 5, and a similar provision was included in the constitution of wisconsin 1848 ..... s. keasbey, new jersey and the great corporations, 13 harvard law review, pp. 198, 207, 208. in no other state had there been a provision permitting the formation of holding companies, although, by special act, notably in pennsylvania, a few such companies had been formed. see james c. bonbright and gardiner c. means, the holding company (1932), pp. 58-64. the scandal ..... cong., 2d sess., vol. 1, p. 1147 et seq. (1912); report of federal trade commission on the meat packing industry (1919) pt. iii, p. 118 et seq.; a.m. kales, contracts and combinations in restraint of trade (1918) 74-90; f. a. fetter, big business and the nation, in facing the facts (j. g. smith, ed., 1932) pp. 186-213; f ..... granted, compare hammond packing co. v. arkansas, 212 u. s. 322 , 212 u. s. 343 ; crescent cotton oil co. v. mississippi, 257 u. s. 129 , since, in the absence of contract, there is no vested interest which requires the continuance page 288 u. s. 547 of a legislative policy however expressed -- whether embodied in a charter or in a system of .....Tag this Judgment!