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Judgment Search Results Home > Cases Phrase: pawnee contract Year: 1924 Page 1 of about 459 results (0.061 seconds)

Jul 23 1924 (PC)

S. Krishnaswami Aiyangar and anr. Vs. V.S. Gopalachariar and anr.

Court : Chennai

Decided on : Jul-23-1924

Reported in : AIR1925Mad185

..... this kind, is article 145, under which he has 30 years to bring a suit. the learned judge has taken the view that the suit is not based upon a contract, but upon tort, inasmuch as the plaintiff stated that the defendants were in wrongful possession of the jewels. in a case like this, where no evidence has been adduced, it ..... fail to appreciate the argument on behalf of the respondents; for, in the case of a bailee, or depository, or pawnee, it cannot be said that the contract of bailment, or deposit or pawn comes to an end, on the death of the bailee, depository, or pawnee; and the legal representative who succeeds to the estate of the deceased is bound by any ..... contract to which the deceased was a party. that being so, i. think the proper article of the limitation act applicable to a case like the one set .....

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Jul 23 1924 (PC)

S. Krishnaswamy Iyengara and anr. Vs. V.S. Gopalachariar and anr.

Court : Chennai

Decided on : Jul-23-1924

Reported in : 84Ind.Cas.1026

..... this kind is article 145 under which he has 30 years to bring a suit. the learned judge has taken the view that the suit is not based upon a contract but upon tort inasmuch as the plaintiff stated that the defendants were in wrongful possession of the jewels. in a case like this where no evidence has been adduced, it ..... is applicable, in which case the suit is barred. but i fail to appreciate the argument on behalf of the respondents, for in the case of bailee or depository or pawnee, it cannot be said that the contract of bailment or deposit or pawn comes to an end on the death of the bailee, depository or ..... pawnee; and the legal representative of the estate of the deceased is bound by any contract to which the deceased was a party, that being so, i think the proper article of the limitation act applicable to a case like the one set out in .....

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Mar 26 1924 (PC)

Jatindra Chandra Chowdhury Vs. the Rangpur Tobacco Coy., Ltd.

Court : Kolkata

Decided on : Mar-26-1924

Reported in : AIR1924Cal990

..... security for payment of a debt or performance of a promise by the bailment of goods recognised by the indian contract act is 'pledge' as defined in section 172 of that act, in which transference of possession of the goods to the pawnee is the essential ingredient, and that, inasmuch as in the present case the possession of the goods was retained ..... code as also appears from its preamble satyabadi behara v. musst. harabati (1907) 34 cal. 223, mohamed safikul huq v. krishna gobinda (1918) 23 c.w.n. 284. the indian contract act no doubt speaks only of bailment of goods by way of security, but it appears from its preamble that it deals only with a part of the law of ..... contract applicable to british india. from these therefore it by no means follows that there may not be mortgage or hypothecation of movable properties. such hypothecation or mortgage not accompanied by .....

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Aug 05 1924 (PC)

Bai Dosibai Vs. Bai Dhanbai

Court : Mumbai

Decided on : Aug-05-1924

Reported in : AIR1925Bom85; (1924)26BOMLR1071; 85Ind.Cas.597

..... the purchaser's requisitions....the right, however, must be exercised immediately the defect is so ascertained. if the purchaser continues in negotiation as to the title, and thus treats the contract as subsisting, he cannot repudiate at any subsequent moment he may choose, but must give the vendor a reasonable time to remedy the defect.45. the english authorities on the ..... delivering observations on replies to the requisitions, and such observations are not expressed to be made without prejudice to some alleged prior repudiation. the first real attempt to repudiate the contract was, i think, made before the master on december 22, 1900, when the plaintiff was in a position to compel release of the restrictive covenants, and after that the ..... original requisitions and the letter of november 7.36. but even if a different construction was placed on the subsequent letters, what right had the purchaser suddenly to rescind the contract on november 18 in the face of her previous requisitions and letters? it cannot be justified on the ground of agreement or even acquiescence for the vendors promptly and persistently ..... not be prohibited from planting shrubs, or perhaps trees. then clause 17 dealt, as i have said, with the boundary walls on the northeast and west sides.10. accordingly the contract contained express reference to many special matters including some of a restrictive nature. in my judgment therefore a purchaser might fairly assume that every material fact had been disclosed. he .....

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Nov 02 1924 (PC)

Edmund Bendit and anr. Vs. Edgar Raphael Prudhomme Under the Name and ...

Court : Chennai

Decided on : Nov-02-1924

Reported in : (1925)48MLJ374

..... be exonerated by the fact of that steamer being subsequently requisitioned by the government. what, however, they failed to appreciate was that the respondent was not asking to have the contract considered as cancelled merely on account of the seapool being requisitioned, but that the combination of two circumstances, (1) the commandeering of the seapool on which he had already ..... not prevent, unlawful becomes void when the act becomes impossible or unlawful; and section 65 provides that in such event any person who has received any advantage under the contract is bound to compensate the person from whom he received it.3. the term force majeure which is borrowed from the code napoleon has received interpretation in several decisions of ..... prohibition of export of the article from the country, a second is blockade, and there are others not mentioned. such are cases of force majeure preventing the execution of the contract. ex. a is more explicit, as it enumerates war, revolution, strikes, epidemics as well as other unforeseen circumstances which might prevent the goods from reaching the port of embarkation ..... madras, pondicherry, cuddalore, negapatam and porto novo. he therefore wrote on 22nd december, 1916, and nth january, 1917, to the appellants pleading force majeure and asking them to consider the contracts as cancelled. the appellants refused to do so, rejecting the plea that this was a case of force majeurte and suggested trying other lines and other ports. the respondent tried .....

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Mar 28 1924 (PC)

Mcleod and Company Vs. Ivan Jones and Company

Court : Kolkata

Decided on : Mar-28-1924

Reported in : 87Ind.Cas.218

..... regard to the fact that a demonstration car with clincher tyres was given to him, as i find was a fact, before he entered into the contract, that the plaintiffs are now precluded from asserting that the export specifications did not provide for clincher tyres. under the circumstances i come to the conclusion ..... goods sold and delivered the onus is upon the plaintiffs to satisfy me that the goods tendered were goods which correspond with the description provided in the contract, and they have not done so. on the other hand, although, in my opinion, the plaint is not aptly drawn to raise this issue, ..... law, and other learned judges appeared to think that an agent might purchase goods for his principal without himself being the vendor or creating privity of contract between his principal and a third person, but the opinion which that very learned judge then expressed was dissented from and; if i may venture to ..... the consignee : if he is not a seller it is difficult to say who is, as there would be much difficulty in establishing any privity of contract between the foreign correspondent, and the original seller. but there is very gradual progression through these cases in which the original seller has a right to ..... and the party for whom he is acting may, at the outset, be that between a principal and his agent, and so long as the contract remains executory the relationship of principal and agent may subsist between the parties. it has also been held that such a broker may possess a right .....

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Feb 19 1924 (PC)

Mirza Mohammad Jan and ors. Vs. Shaikh Fazal Uddin

Court : Allahabad

Decided on : Feb-19-1924

Reported in : 85Ind.Cas.482

..... and the parties ought to be allowed to call evidence. if the court of first instance finds that the second defendant had notice of the contract, the contract should be enforced against him. if it finds that he had not such notice, the suit should be dismissed.sulaiman, j.29. this is ..... distant date may well be safe, whereas in the case of personal representatives no question of any consideration or notice arises. if, therefore, a contract for an indefinite time is to be enforced against them, it must always remain in force in perpetuity until it is either performed when the ..... been to keep such a convenant alive for all time to come and against all the successive heirs and representatives. for aught one knows, the contract might have been intended to remain in force for a period shorter than the one that has already expired. under circumstances of such vagueness and ..... notice, i there expressed the view that it was impossible to hold that a contract of preemption or one for reconveyance came under the rule against perpetuities. i pointed out that the english cases were distinguishable inasmuch as in england ..... view of the provisions of section 40 of the transfer of property act laying down how the benefit of an obligation, arising out of a contract annexed to the ownership of property but not amounting to an interest therein or easement thereon, could be enforced against gratuitous transferees or transferees with .....

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Mar 29 1924 (PC)

Mcleod and Company Vs. Ivan Jones and Company

Court : Kolkata

Decided on : Mar-29-1924

Reported in : AIR1926Cal189

..... acceptance and payment of the bills, or in other words, they have to satisfy me that the goods as tendered were not in accordance with the contract. (his lordship then discussed evidence, and proceeded). under the circumstances i come to the conclusion and for the purpose of this case it must be ..... goods sold and delivered the onus is upon the plaintiffs to satisfy me that the goods tendered were goods which correspond with the description provided in the contract, and they have not done so. on the other hand, although, in my opinion, the plaint is not aptly drawn to raise this issue, ..... commercial law, and other learned judges appeared to think that an agent might purchase goods for his principal without himself being the vendor or creating privity of contract between his principal and a third person; but the opinion which that very learned judge then expressed was dissented from, and, if i may venture to ..... the consignee; if he is not a seller it is difficult to say who is, as there would be much difficulty in establishing any privity of contract between the foreign correspondent and the original seller. but there is very gradual progression through these cases in which the original seller has a right to ..... and the party for whom he is acting may, at the outset, be that between a principal and his agent, and so long as the contract remains executory the relationship of principal and agent may subsist between the parties. it has also been held that such a broker may possess a right .....

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Feb 19 1924 (PC)

Fazal-ud-dIn Vs. Muhammad Jan and anr.

Court : Allahabad

Decided on : Feb-19-1924

Reported in : (1924)ILR46All514

..... and the parties ought to be allowed to call evidence. if the court of first instance finds that the second defendant had notice of the contract, the contract should be enforced against him. if it finds that he had not such notice, the suit should be dismissed.sulaiman, j.28. this is ..... distant date may well be safe, whereas in the case of personal representatives no question of any consideration or notice arises. if, therefore, a contract for an indefinite time is to be enforced against them, it must always remain in force in perpetuity until it is either performed when the ..... been to keep such a covenant alive for all time to come and against all the successive heirs and representatives. for aught one knows, the contract might have been intended to remain in force for a period shorter than the one that has already expired. under circumstances of such vagueness and ..... notice, i there expressed the view that it was impossible to hold that a contract of pre-emption or one for reconveyance came under the rule against perpetuities. i pointed out that the english cases were distinguishable inasmuch as in ..... view of the provisions of section 40 of the transfer of property act laying down how the benefit of an obligation, arising out of a contract annexed to the ownership of property but not amounting to an interest therein or easement thereon, could be enforced, against gratuitous transferees or transferees with .....

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Jan 28 1924 (PC)

Jhagru Rai Vs. Basdeo Rai and anr.

Court : Allahabad

Decided on : Jan-28-1924

Reported in : (1924)ILR46All333

..... decision in london and south western railway co. v. gomm (1882) 20 ch. d., 562, and was not confined to restrictive covenants but applied to every obligation arising out of contract and annexed to the ownership of immovable property, chamier, c.j., remarked: 'assuming that that contention was correct, we have to consider next whether the plaintiff is entitled to maintain ..... known that claims of pre-emption are brought after the property has been transferred, and they are enforced against the strangers transferees, who were no parties to the contract.42. if the contract entered into by the proprietors was not void on the ground of uncertainty or as being against public policy or as offending the rule against perpetuities, then the question ..... agreement could bind their representatives is of course quite another matter.41. the line adopted by the learned advocate for the defendants appellants has been that such a contract was in substance a contract entered into by the then proprietors for themselves as well as on behalf of their future heirs and representatives. the contention, therefore, is that these proprietors had ..... the vendor's grandfather had not signed the zamima khewat. the points which the learned advocate for the appellants has strongly urged may be enumerated as follows:--firstly, that the contract of pre-emption was void for uncertainty. secondly, that it was against public policy. thirdly, that it offended the rule against perpetuities. and, fourthly, that in any case it .....

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