Court : Kolkata
Decided on : Aug-17-1977
Reported in : AIR1978Cal407,82CWN437
..... question and it was held that where in an application made under section 34 of the indian arbitration act for stay of a suit an issue was sought to be made as to the formation, existence or validity of the contract containing an arbitration clause, the court was notbound to refuse the stay but might in ..... out what is the effect of the allegations made in the plaint and what is the nature of the suit filed.9. section 14 of the indian contract act stipulates that consent is said to be free when it is not caused by coercion as denned in section 15 or undue influence as defined in section ..... true. in this connection reliance may also be placed on section 27 of the specific relief act which deals with the conditions under which rescission of contract is permissible. section 64 of the indian contract act also deals with the restitution when a contract is avoided.10. in the case of m/s. east india commercial co. ltd., calcutta ..... with undue influence and coercion but it is necessary to refer to section 17 of the indian contract act which defines fraud and which states that fraud means and includes any of the following acts committed by a party to a contract or with his connivance, or by his agent with intent to deceive another party to ..... concealment of a fact by one having knowledge or belief of the fact, 3. 18 defines misrepresentation and section 19 of the indian contract act stipulates that when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a .....Tag this Judgment!
Court : Delhi
Decided on : Apr-20-1977
Reported in : ILR1977Delhi57; 1977RLR499
..... . what can be contingent is some right or obligation arising under a concluded contract. the term 'contingent' contract is peculiar to indian law. both 'in the english and american systems of law such contracts are treated as conditional contracts', see sanjiva row's commentaries on the indian contract act (1965 ) ii 838 and law of contract in india by v. c. ramachandran (1971 ) ii 939 in the ..... by demanding arbitration. when the suit was filed, the seller applied for stay. opposing the application, the buyer contended 'that clause 6 of the contract does not amount to a 'submission' within the meaning of the indian arbitration, act'. mitter, j., said : i cannot also accept the first contention of mr. chatterjee. the (seller) had under cl. 6 the option of ..... to refer the matter in dispute to arbitration. the (buyer) had agreed to refer disputes covered by cl. 6 to arbitration. the contract binds him. that clause fulfills the definition of 'submission' as given in the indian arbitration act. the test is, in my opinion, whether both parties are bound by that clause and not whether a right had also been expressly ..... discussion on 'conditional promises' in halsbury's law of england (4th ed.) vol. 9, page 353 para 511, it is said : a conditional promise ...... should be distinguished from a condition precedent to the formation of contract. in the case of .....Tag this Judgment!
Court : Delhi
Decided on : Oct-05-1977
Reported in : ILR1978Delhi526
..... thereforee, the plant remains in karachi.'(43) in our opinion the doctrine of frustration embodied in section 56 of the contract act has no application. under the doctrine of frustration a contract may be discharged if after its formation events occur making its performance illegal, impossible or commercially sterile. the doctrine of frustration is relevant when it is alleged ..... of bailment and not pledge. we do not agree. to us it seems a clear case of pledge.(57) the position in indian law is the same as in english law. section 172 of the contract act which defines a 'pledge' affirms the english common law. section 172 states that 'the bailment of goods as security for payment ..... of india, ministryof commerce and industry. new delhi. copyto messrs. jagatjit distilling and allied industries, kapurthala (mr. l. p. jaiswal camp karachi.)sd/-(p. vaidyanathan) commercialattache.' (20) the indian high commission on august 30, 1954 wrote' to the government of pakistan as follows :- 'ex.21.firstsecretary (commercial), indianhigh commission. valikamahal, karachi-1. dated27th/30th- august, 1954. no ..... . yourssincerely, sd/-m. l. rahman.' p.vaidyanathan, esqr.first secretary (commercial) indianhigh commission, karachi. (19) on the receipt of the conditional 'permission, from pakistan government the indian high commission wrote to the government of india the following letter on may 24, 1954. 'ex.l-i.firstsecretary (commercial) indianhigh commission, 'valikamahal', karachi-5. dated the 22nd/24th .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-08-1977
Reported in : 108ITR214(All)
..... ] 1 cal 191, a division bench of the calcutta high court referred to section 239 of the indian contract act and section 14 of the indian partnership act andhold that under the provisions of those two acts for the purpose of bringing the separate properties of a partner into the stock of the firm it ..... the entire building and that the entire value thereof should be included in his net wealth. 6. section 14 of the indian partnership act, 1932, reads: '14. subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the ..... a division bench of the madras high court held that when a partner brings in certain items into the partnership at the time of its formation, such items become the property of the partnership and that such change of ownership is brought about not by any transfer, but by the very ..... as such, then by virtue of the provisions of the contract act and the partnership act, the properties become the properties of the firm and that this result is not prohibited by any provision in the transfer of property act or the indian registration act. 12. a similar view was taken by a division ..... building was transferred by the assessee to the partnership firm under an instrument of conveyance, such instrument should have been registered under the registration act in order to constitute a valid transfer. it is undisputed that in the present case there was no instrument under which the assessee purported .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-04-1977
..... inserted obviously were substantial, since they transformed the transaction from a decoteau -type purchase to a mattz -type "opening." but because the ratification format was used, the 1904 act contains language from the 1901 agreement which provided that the "indians belonging on the rosebud reservation, south dakota, for the consideration hereinafter named, do hereby cede, surrender, grant, and convey to the united ..... n 24, supra, the question of whether lands became public lands is separate from the question of intent to disestablish boundaries. the relevant materials presented with respect to the indian reorganization act of 1934 simply do not present any clear treatment of the scope of the rosebud reservation, and hence are of minimal utility in our examination. nor do we have ..... consequences, the holding today places a grave cloud over the property rights of both the tribe and the indians living off the newly contracted reservation. with respect to the tribe, 4,600 acres in the opened counties were returned to it pursuant to the indian reorganization act of 1934, 48 stat. 984, after the secretary found, in the words of 3 of the ..... act, that these were "the remaining surplus lands of [an] indian reservation" opened before june 18, 1934. but if the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-16-1977
Reported in : (1978)7CTR(SC)0089B
..... taken the view that a transaction which is effected in compliance with the obligatory terms of a statute may nevertheless be a sale in the eye of a law. the indian contract act which was passed in 1872 contained provisions in its seventh chapter compressing ss. 76 to 123 relating to sale of goods which were repeated on the enactment of a comprehensive ..... ' in the legal sense and held, having regard to the evolution of the law relating to sale of goods, the scheme of the indian contract act and the provisions the sale of goods act, 1930, which repealed chapter vii of the indian contract relating to sale of goods, that according the law both of england and of india, in order to constitute a sale it is ..... ) a price in money paid or promised' (vide 8th edn., page 2). on the strength of this statement and on a consideration of the provisions of the contract act and the sale of goods act, 1930, it was concluded that 'according to the law both of england and of india, in order to constitute a sale it is necessary that there should be ..... higher price than the minimum as also the form and manner of payment. a factory could reject goods after inspection which indicated not only freedom in the formation but also in the performance of the contract. a combination of all these factors, according to ray, j., who spoke for a unanimous court, indicated with unerring accuracy that the parties entered into agreement .....Tag this Judgment!
Court : Delhi
Decided on : Mar-23-1977
Reported in : ILR1977Delhi724; 1977RLR347
..... and there is no consideration to bind the bidder down to this condition. [see somasundaram pillai's case (supra)].(36) pollock and mulla on the indian contract act 9th edition at page 75 have this to say : 'it is common to insert in conditions of sale a proviso that biddings shall not be retracted ..... sale is consummated. neither party can withdraw and the auctioneer has no power to accept a higher or different bid.(29) indian law is no different. s. 5 of the contract act says :'a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, ..... the bid till today.(71) there is yet another point. in my opinion there cannot be any ratification by reason of s. 200 of the contract act. the ratification will prejudice a third party. 'in such a case the so-called ratification would merely be an acceptance of the offer of the ..... case he said : 'thedoctrine of consideration is too firmly fixed to be over thrown by a side wind---. it shall remain a cardinal necessity of the formation of a contract.' [comb v. comb (1951) 1 all e.r. 767 (18).(43) what the central case decided was that when a promise is given which ..... exists. the offeree to bind the offerer has to prove the formation of contract. he must prove all the elements of a valid contract, including assent and consideration. unless there is unanimity of mind or meeting of the minds there is no contract. consideration, offer and acceptance are an indivisible trinity, different facets .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-08-1977
Reported in : AIR1978SC68; (1977)4SCC608; 2SCR1
..... the legal liability of a minister, holding an office in the union or a state government.50. an investigation by a commission of inquiry should facilitate or help the formation of sound public opinion. that was the object of the commission of inquiry presided over by lord denning on the profumo affair. the fact that the minister concerned was ..... :whereas allegations have been made on the floor of the houses of the state legislature and elsewhere that irregularities have been committed/excess payments made in certain matters relating to contracts, grants of land, allotments of sites, purchase of furniture, disposal of food grains etc. now therefore.... the government of karnataka hereby appoint...the commission of inquiry for the ..... , 1977notificationwhereas allegations have been made on the floor of the houses of the state legislature and elsewhere that irregularities have been committed/excess payments made in certain matters relating to contracts, grants of land, allotment of sites, purchase of furniture, disposal of foodgrains, etc. :whereas the state government is of the opinion that it is necessary to appoint a ..... the british parliament discharged its responsibility through the secretary of state and the governor-general in council.262. the intention of the government of india act, 1935 was to unite the provinces and the indian states into a federation under the crown. the unitary state was to be broken into a number of autonomous provinces deriving their authority directly from .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-16-1977
Reported in : AIR1978SC449; (1978)1SCC520; 2SCR433; 42STC31(SC)
..... a transaction which is effected in compliance with, the obligatory terms of a statute may nevertheless be a sale in the eye of law. the indian, contract act which was passed in 1872 contained provisions in its seventh chapter comprising sections 76 to 123 relating to sale of goods which were repealed on the ..... held, having regard to the evolution of the law relating to sale of goods, the scheme of the indian contract act and the provisions of the sale of goods act, 1930, which repealed chapter vii of the indian contract act relating to sale of goods, that according to the law both of england and of india, in order ..... cane, though the buyer is obliged to give his assent under compulsion of a statute', (page 716). the concept of freedom of contract, as observed by hedge j. in indian steel and wire products, (supra) has undergone a great deal of change even in those countries where it was considered as one ..... or promised.' (vide 8th edn., p. 3). on the strength of this statement and on a consideration of the provisions of the contract act and the sale of goods act, 1930 it was concluded that 'according to the law both of england and of india, in order to constitute a sale it is ..... minimum as also the form and manner of payment. a factory could reject goods after inspection which indicated not only freedom in the formation but also in the performance of the contract. a combination of all these factors, according to ray j. who spoke for a unanimous court, indicated with unerring accuracy that .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-06-1977
Reported in : AIR1978All1
..... apply to a public or private or religious endowments. however, the principles of. the english law of trusts which have been incorporated in the indian trusts act will apply to such trusts. section 48 of the indian trusts act provides that where there are more trustees than one, all must join in the execution of the trust except where the instrument of trust otherwise ..... bihari ju deo birajman, rainpur mandir through the administrator, the lower appellate court, however, held that the execution could not be allowed to proceed without mentioning the fact of the formation of the trust in the execution application and also without mentioning the names of the trustees and the chairman of the board of trustees in the execution application. it accordingly ..... ') do hereby constitute and creat a trust te be called as sri guman bihari ju ram-pur temple trust : whereas arising out of article 11 of the covenant for the formation of the former united state of vindhya pradesh, an inventory of private properties of his highness the maharajadhiraja of charkhari was settled between the government of india and his highness ..... . section 47 of the trusts act provides for the special circumstances in which a trustee may delegate his duties. such delegation is only permissible where (a) the instrument of trust so provides or (b) the delegation is in the regular course of business or (c) the delegation is necessary, or (d) the beneficiary being competent to contract consents to the delegation. none .....Tag this Judgment!