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Judgment Search Results Home > Cases Phrase: pawnee contract Year: 1911 Page 1 of about 219 results (0.060 seconds)

Feb 09 1911 (PC)

NabIn Chandra Saha Pramanik Vs. Sreemutty Krishna Baroni Dassee

Court : Kolkata

Decided on : Feb-09-1911

Reported in : 9Ind.Cas.525

..... in the later case.8. as regards the third issue i hold, on the correspondence, that the plaintiff was willing and ready to perform the contract mentioned in the plaint till the 18th september 1909, and this point has not really been contested before me.9. the question then arises what is ..... it nor any means of acquiring it, the purchaser cannot recover damages beyond the expenses he has incurred by an action for the breach of the contract he can only obtain other damages by an action for deceit.' this decision does not, in my opinion, cover the present case. there is here ..... from incumbrances to the plaintiff inasmuch as the mortgagees refused to release it they deny that the plaintiff was always ready and willing to complete the contract, and they say that the damages claimed are excessive and too remote.5. issues were settled of which i need mention only the last three, ..... the defendants informed the plaintiffs that they could not perform their contract because they had mortgaged the half share along with other property, and the mortgagees refused to release it. this excuse also the plaintiffs refused to accept ..... money the sale to be completed within a month. on the 26th january 1909, the defendants informed the plaintiff that they could not fulfil their contract as they had previously sold the share in question to one gokul chand bural but the plaintiff refused to accept this excuse. on the 5th april .....

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Mar 02 1911 (PC)

Srinibash Prasad Singh Vs. Kesho Prasad Singh

Court : Kolkata

Decided on : Mar-02-1911

Reported in : (1911)ILR38Cal754

..... the government of india act empowers the government of india, and the local governments, within the limits of their respective governments to enter into any contract whatsoever for the purposes of the government of india act, 1858, that is, as i have already stated, for the purposes of the government ..... come to the third and fourth objections. section 40 of the government of india act, 1858, requires that the secretary of state should enter into contracts for the purposes of government with the concurrence of a majority of votes at a meeting of his council. the learned advocate-general, who, at ..... maintained, it cannot, in my opinion, be successfully denied that the security offered in order to effect this object is being offered and the contract is being entered into for the purposes of government. for these reasons i should overrule the first and second objections taken by the decree-holder ..... (1904) i.l.r. 28 bom. 314, 'the superintendence, direction, and control of the country.' consequently, if a question arises whether a particular contract may be rightly described as made for the purposes of the government of india, the answer must depend upon its scope and character. now in the case ..... may be enforced against the revenues of india, as might have been enforced against the east india company, if the liabilities had been lawfully contracted and incurred by the said company, and the revenues of india shall not be applied to any other purpose whatsoever. the learned counsel for the .....

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Mar 02 1911 (PC)

Srinibas Prosad Singh and anr. Vs. Kesho Prosad Singh

Court : Kolkata

Decided on : Mar-02-1911

Reported in : 9Ind.Cas.862

..... the government of india act empowers the government of india, and the local governments, within the limits of their respective governments to enter into any contract whatsoever for the purposes of the government of india act, 1858, that is, as i have already stated, for the purposes of the government ..... to the 3rd and 4th objections. section 40 of the government of india act, 1858, requires that the secretary of state should enter into contracts for the purposes of government with the concurrence of a majority of votes at a meeting of his council. the learned advocate-general who at ..... be maintained it cannot, in my opinion, be successfully denied that the security offered in order to effect this object is being offered and the contract is being entered into for the purposes of government. for these reasons, i should overrule the 1st and 2nd objections taken by the decree- ..... shivbhajan v. secretary of state 28 b. 314 'the superintendence, direction and control of the country.' consequently, if a question arises, whether a particular contract may be rightly described as made for the purposes of the government of india, the answer must depend upon its scope and character. now in the case ..... council may be enforced against the revenues of india, as might have been enforced against the east india company, if the liabilities had been lawfully contracted and incurred by the said company, and the revenues of india shall not be applied to any other purpose whatsoever. the learned counsel for the .....

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Jul 11 1911 (PC)

The Bombay Burmah Trading Corporation, Limited Vs. Aga Mahomed Khaleel ...

Court : Mumbai

Decided on : Jul-11-1911

Reported in : (1911)13BOMLR813

..... to be sent out as the manufacture of their employers. there was not, therefore, any 'passing' of the sleepers within the meaning of the contract, and the contention of the appellants on this appeal that there was such a 'passing' in their lordships' view entirely fails.17. they accordingly ..... after the word 'sawn.' in other respects the descriptions were identical.11. there was much controversy on the point as to whether whatever the precise contract between the appellants and iyer may have been, new terms were not, on the occasion of this transfer, added to it, and the stipulation made ..... must at the lowest have been the standard set up expressly or impliedly, by the contract between the parties; that was the specification or at the least the requirement that the sleepers were reasonably fit, as sleepers of the dimensions ..... first question is as to its true construction. what does it mean? it cannot mean that the appellants were entitled to deliver under the contract any kind of sleeper they chose. it must have contemplated that there was some standard with which these sleepers should be compared. that standard ..... fit for use by the madras railway company. the point therefore becomes, in their lordships' view, irrelevant. one of the letters forming the written contract with iyer, namely, that dated the 23rd may 1905, written by arbuthnot and addressed to iyer contains the following paragraph:-the passing of our moulmein .....

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Feb 09 1911 (PC)

Nabinchandra Saha Paramanick Vs. Krishna Barana Dasi

Court : Kolkata

Decided on : Feb-09-1911

Reported in : (1911)ILR38Cal458

..... that he is, therefore, entitled to the increased value given to the land by the land-acquisition proceedings. but this overlooks the fact that the contract in this case has been broken, and that the question of damages is the only one for me to consider. also i am not prepared to ..... it nor any means of acquiring it, the purchaser cannot recover damages beyond the expenses he has incurred by an action for the breach of the contract; he can only obtain other damages by an action for deceit.' this decision does not, in my opinion, cover the present case. there is ..... from incumbrances to the plaintiff inasmuch as the mortgagees refused to release it; they deny that the plaintiff was always ready and willing to complete the contract, and they say that the damages claimed are excessive and too remote.5. issues were settled of which i need mention only the last three, ..... the defendants informed the plaintiff that they could not perform their contract because they had mortgaged the half share along with other property, and the mortgagees refused to release it. this excuse also the plaintiff refused to accept ..... earnest money: the sale to be completed within a month. on the 26th january 1909, the defendants informed the plaintiff that they could not fulfil their contract as they had previously sold the share in question to one gokul chand bural, but the plaintiff refused to accept this excuse. on the 5th april, .....

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Aug 09 1911 (PC)

Lal Gopal Datta Chowdhury Vs. the Khorooriah Majozilla Zemindary Syndi ...

Court : Kolkata

Decided on : Aug-09-1911

Reported in : 13Ind.Cas.675

..... the provisions of the patni regulations should apply to the lease or that they ever considered the point. if those provisions would not apply to the contract that has been completed, the plaintiffs would none-the-less be entitled to a permanent lease.20. a cross-appeal has been preferred but the ..... it is not likely that the secretary concealed the fact that the bargain was concluded. moreover, that the appellant knew on the 11th october of the contract between bhupendra of barazillah and the company is clear from his letter of that date which runs as follows: 'the khorooriah majozillah (syndicate limited lave paid ..... the defendants should lease the property to them. sarat who, as we have said, seems a trust-worthy witness says that he informed manujendra that the contract had been completed, one or two days after the letter authorising delivery of possession was written, that is to say, about the 7th of september. ..... the terms agreed upon. the earned counsel for the appellant has referred us to numerous cases decided in england which deal with the question when a contract to be gathered from letters, etc., can be said to be concluded. we have carefully examined these cases, but it is unnecessary to refer to ..... difficult to prove it, does not affect its validity.12. the proceedings at the meeting of the 19th august do not weaken our view that the contract was complete before that day. all that was settled on that day was subsidiary points, which needed, of course, to be arranged, but did not .....

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Jan 13 1911 (PC)

Nathu Khan Vs. Musammat Sewak Koeri and anr.

Court : Kolkata

Decided on : Jan-13-1911

Reported in : 9Ind.Cas.161

woodroffe, j.1. as regard the two points which have been raised in this appeal. i am of opinion that the lower appellate court rightly admitted the oral evidence as to which objection has been taken.2. as regards the second point, the case does not appear to me to fall within section 65 of the indian, contract act, for, having regard to the facts, it does not appear to be one in which it can be said that the agreement has been 'discovered to be void', nor is it one where the contract has 'become void'. what has been found is this, that the plaintiff sold the property in suit to the defendant no. 2 by a conveyance, in consideration of services rendered or to be rendered by the defendant in inducing one lakhpat nath singh, his employer, to sell certain villages to the plaintiff, in other words, that the defendant committed fraud upon his employer. this fact was known to the parties at the time when the agreement was made.3. in my opinion, the section does not apply where the object of the agreement was illegal to the knowledge of both parties at the time it was made. it is farther to be observed that in the present case the legal purpose has been carried out; and relief is not ordinarily granted by the court where both parties are, as here, in pari delicto.4. in the circumstances, the appeal should, in my opinion, be dismissed and with costs.carnduff, j.5. i am of the same opinion.

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Dec 21 1911 (PC)

Hari Narayan Chatterjee Vs. Iswar Chandra Chatterjee

Court : Kolkata

Decided on : Dec-21-1911

Reported in : 13Ind.Cas.457

..... he made was for their benefit, and there is no evidence of fraud or improper dealings on his part, he thus made the payment for the defendants under section 70, contract act. it needs no argument that the defendants have enjoyed the benefit of the payment because they have been relieved of the liability to pay the rent which the plaintiff ..... question of the liability of the co-sharer tenants in respect of rent of the holding, we are of opinion that this case certainly falls under section 70 of the contract act, a point which has not actually been decided by the lower appellate court. the plaintiff in this case, no doubt, lawfully paid the money in question. without attempting to ..... decretal amount and he now seeks for contribution from his co-sharers. in the lower appellate court his claim has been held to be good under section 69 of the contract act.2. it is now argued before us that this finding is wrong because the plaintiff was under a legal liability to pay the rent, and that, therefore, the case .....

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Nov 13 1911 (PC)

Lakhichand Ramchand Vs. G.i.P. Railway Company

Court : Mumbai

Decided on : Nov-13-1911

Reported in : (1912)14BOMLR165

..... sections 151, 152 and 161 of the contract act, the question whether the company have, or have not, taken the care prescribed is to be answered by reference to the entire evidence on the ..... on the evidence that, in regard to the appellants' goods, they exercised all the care which is required of them as bailees for hire under the contract act.17. i am of opinion that the respondent-company's contention on this point should prevail. as i read section 72 of the railways act and ..... r. 8 c.p. 345.7. in my opinion this section does not increase the onus of proof laid upon the defendants by section 151 of the contract act.8. it is contended for the plaintiffs that the evidence establishes that the fire which destroyed the cotton originated in some preventable cause, that it could ..... carrier was always liable for non-delivery unless he could bring the case within one of the exceptions recognized by the common law or established by special contract or within the limits permitted by the legislature. section 76 of the railways act is not by any means the same in terms as section 9 ..... prudence would under similar circumstances take of his own goods of the same bulk, quality and value as the goods bailed, but in the absence of special contract is not responsible for the loss, destruction or deterioration of the thing bailed if he has taken the amount of care above described; if, however, by .....

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Jan 17 1911 (PC)

Jinnat Ali Vs. Fateh Ali Mobbar Chowdhury and ors.

Court : Kolkata

Decided on : Jan-17-1911

Reported in : 9Ind.Cas.219

..... responsibility of final courts of fact 'to be guarded and circumspect in their conclusions and not to countenance acts or payments that are merely officious.'6. section 70 of the contract act enacts that where a person lawfully does anything for another person, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter person is ..... . section 69 of the contract act would apply where the payment is made for another person who is bound by law to pay. as already stated, though the defendant, being a co-sharer, was under ..... against the defendant and hence could not be enforced against him, but the plaintiffs, on satisfying it, would, according to the principles formulated in section 43 (para. 2) of the contract act, have been entitled to sue the defendant for contribution. at the time of payment by the plaintiffs, however, they kept the defendant out of possession denying his title.3 ..... whom they had kept out of possession on denial of.4. in these circumstances, we do not think that the case conies under section 69 of the contract act.5. section 70 of the contract act covers a wider ground, and the generality of the language of the section is discussed in the recent case of mohendra ghoshal v. bhuboom mariana 6 .....

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