Court : Supreme Court of India
Decided on : Dec-13-1966
Reported in : AIR1967SC1322; 2SCR233
..... retain the goods pledged and the pawner in such a case would be placed in a position where he incurs a greater liability than he bargained for under the contract of pledge. the pawnee therefore can sue on the debt retaining the pledged goods as collateral security. if the debt is ordered to be paid he has to return the goods or ..... fulfilment of his liability. the two ingredients of a pawn or a pledge are : (1) that it is essential to the contract of pawn that the property pledged should be actually or constructively delivered to the pawnee and (2) a pawnee has only a special property in the pledge but the general property therein remains in the pawner and wholly reverts to him ..... redeliver the property. the pawner has an absolute right to redeem the property pledged upon tender of the amount advanced but that right would be lost if the pawnee has in the meantime lawfully sold the property pledged. a contract of pawn thus carries with it an implication that the security is available to satisfy the debt and under this implication the ..... on discharge of the debt. a pawn therefore is a security, where, by contract a deposit of goods is made as security for a debt .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-30-1966
Reported in : AIR1967SC378; 1SCR633
..... compensation, had not proceeded to follow any principles, the validity of which could be tested on the basis of laws applicable to breaches of contract. he awarded the compensation to the extent that he considered right in his discretion without indicating his reasons. such a decision by an umpire ..... manufacturing cost of the aforesaid remaining component parts. thereupon, he proceeded to award, by way of compensation for the wrongful termination of the contract by the government as aforesaid, to the company the amount representing the value of the steel used up in making the said component parts ..... had been manufactured. these bins were accepted and the remaining component parts had not been assembled into more finished bins by the time when the contract was cancelled. he further held that the cancellation by the government for the balance was wrongful. there was, however, no evidence relating to the ..... the component parts of the 2528 unfinished bins. in other words, the appellant failed to prove the resultant damage on account of breach of contract, but if in spite of this finding the arbitrator decided to award damages to the appellant the highest amount which he could award for ..... however no evidence relating to the manufacturing cost of the aforesaid remaining component parts. by way of compensation for the wrongful termination of the contract by government as aforesaid i give the company the amount representing the value of the steel used up in making the said component parts .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-22-1966
Reported in : AIR1967AP237
..... entire reasoning in satyanarayanamurthi's case : air1959ap534 proceeded on that fallacy, the decision in that case must be held to be erroneous. in truth, in deciding who the real contracting party is and who the real transferor is, one has necessarily to apply the personal law governing the parties. this is manifest room the reasoning adopted by the judicial committee ..... the learned chief justice stated the legal position thus: 'it is seen that the equitable doctrine of part performance embodied in section 53a is applicable only where a person having contracted to transfer property by writing signed by him or on his behalf and put the vendee in possession thereof, wants to recover the property taking advantage of want of formality ..... certainty,and to transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, though required to be registered, has not been registered, or where there is a instrument of transfer, that the transfer has not been completed in the manner ..... the expression 'by writing signed.. on his behalf', occurring in the opening clause of the section. that section is in the following terms: '53-a. part performance--where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-27-1966
Reported in : (1967)ILLJ545P& H
..... inflicted by way of disciplinary action, but does not include-(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(c) termination of the service of a workman on the ground of continued ill ..... under the industrial employment (standing orders) act, 20 of 1946, nor has any contract between the employer and the contesting respondent containing any particular terms or conditions of service been proved. the conditions of service of the contesting respondent relating to the termination of ..... by the learned additional solicitor-general that whenever the employer purports to terminate the services of his employee by virtue of the power conferred on him by the terms of contract, industrial tribunals cannot question its validity, propriety or legality.it is admitted in this case that no model standing orders had been issued in respect of the employer's establishment ..... industrial adjudication, it would be competent to the industrial tribunal to enquire whether the impugned discharge has been effected in the bona fide exercise of the power conferred by the contract. if the discharge has been ordered by the employer in bona fide exercise of his power, then the industrial tribunal may not interfere with it; but, the words used .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-17-1966
Reported in : 19STC290(Kar)
..... place it is stated, 'from the facts before us which are already discussed above, the repair work undertaken is, as found earlier, combination of contracts as seen from the bills issued, one for supply of work and labour and one for supply of materials and in this view the repair job ..... sale and it is used in the repair of motor vehicles.' in another place it is stated. 'in these circumstances, there has certainly been a contract of sale, impliedly though it might be, for specific goods like spare parts for the price amounts noted against them in the bills issued ................. even ..... by expending time and labour. 13. the principle of that case is wholly inapplicable and unavailable to a case of this type. the contract was admittedly a contract for effecting repairs in respect of a vehicle already belonging to the customer. the completion of the contact does not result in the ..... the high court on the ground that if regard be had to the particular intention of the parties such distinction or splitting up of the contract was impossible. 10. we have discussed this case at some length because it completely covers the argument addressed before us and answers the points raised ..... in the state of madras v. gannon dunkerley & co. (madras) ltd. : 1scr379 . the general pattern of legislation was to treat works contract as involving a sale of material plus supply of labour for a remuneration and the statutes made a theoretical calculation and directed that a certain percentage shall be .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-29-1966
Reported in : AIR1967Raj50; 20STC551(Raj)
..... . 1,81,528 to the petitioner and thereunder he was asked to appear in the department within a week thereof and complete the formal contract.unfortunately, that contract has not been placed on the record and at one time we thought that we might call upon the petitioner to produce the same but ..... is so as well here.32. our conclusion therefore, is that in so far as the petitioner was assessed to sales-tax for the execution of the contract in question, the assessment is invalid and must be quashed.33. we, therefore, allow this application and quash the assessment order dated the 24th august, 1961 ..... followingwork for 1958-59-60 from this division : 1. constructing police lines building at pali...... rs. 1,66,860the aforesaid amount was for the execution of contract of wood work. the agreement was for supply and fixing, that is, both. there was no agreement for supplying only. it appears from the reply ..... -books. it was contended by the petitioner that the making of the doors and windows and frames was part of a single and indivisible works-contract inasmuch as the said articles were required thereunder not merely to be prepared and supplied but also fixed at site and consequently they were not taxable ..... copy of the tender submitted by him, and which was accepted by the department, (ex. 2), in which it has been mentioned that the contract was for joinery and painting work in connection with the construction of a police lines building at pali and that the amount tendered by the petitioner for .....Tag this Judgment!
Court : Chennai
Decided on : Dec-23-1966
Reported in : (1968)IILLJ424Mad
..... actually, this probabilities our interpretation that, in final outcome, the authorities chose, instead, not to dismiss the appellant for misconduct, but to terminate his services under the power derived from contract.29. we must, therefore, hold that the decision of veeraswami, j., must be confirmed, and that the writ appeal should be dismissed. the appellant may be able to contend, ..... from the record, it may be perfectly true that the employer-organisation thought of both the alternatives, and decided on the alternative of terminating the employment under the power of contract, instead of imposing a punishment, as mere merciful, and justified by the prior unblemished record. it may even be that on legal advice obtained by the bank authorities, ..... and this also vitiates the enquiry,(iv) the learned advocate-general strenuously contended that the ultimate memorandum terminating the services of the appellant under rule 14, the power under the contract, was not a bona fide exercise of that power. it was reailly a camouflage, a mere outward semblance or mark, concealing the true character of the order, substantially a ..... impinge upon the amplitude of our power under article 226, in interfering with orders of this kind, which ex facie are orders terminating an employment under a power derived from contract, by a statutory body, which, indisputably, has certain functions affecting the public, and also may be said to possess a quasi-governmental character. another of the vital questions is .....Tag this Judgment!
Court : Chennai
Decided on : Dec-23-1966
Reported in : (1967)2MLJ519
..... actually, this probabilises our interpretation that, in final outcome, the authorities chose, instead, not to dismiss the appellant for misconduct, but to terminate his services under the power derived from contract.29. we must, therefore, hold that the decision of veeraswami, j., must be confirmed, and that the writ appeal should be dismissed. the appellant may be able to contend, ..... from the record, it may be perfectly true that the employer organisation thought of both the alternatives, and decided on the alternative of terminating the employment under the power of contract, instead of imposing a punishment, as more merciful, and justified by the prior unblemished record. it may even be that, on legal advice obtained by the bank authorities, ..... and this also vitiates the enquiry (iv) the learned advocate-general strenuously contended that the ultimate memorandum terminating the services of the appellant under rule 14, the power under the contract, was not a bona fide exercise of that power. it was really a camouflage, a mere outward semblance or mask concealing the true character of the order, substantially a ..... impinge upon the amplitude of our powers under article 226 in interfering with orders of this kind, which ex facie are orders terminating an employment under a power derived from contract, by a statutory body, which, indisputably, has certain functions affecting the public, and also may be said to possess a quasi-governmantal character. another of the vital questions is .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-18-1966
Reported in : AIR1966MP313
..... quality of the goods to be supplied. it was lastly urged that in any event on failure of the plaintiff to perform the last contract the earlier contracts revived and the defendant was entitled to insist on compliance of the arbitration clause.10. on the other hand, it is contended by ..... cause of action is discharged from the time when the promise was made. where an agreement has beer; made between the parties after the breach of a contract, it may be enforced under section 63: kalumal devandas v. kessumal naraindas, air 1929 sind. 153'. 21. in payana reena layana saminathan chetty v ..... with reference to the disputes which are thus settled. they may also enter into a substituted agreement in complete supersession of the original contract and thereby abrogate the contract and the arbitration clause contained in it (see air 1953 cal. 642 and heyman v. darwins ltd., 1942 ac 356 at p ..... clause operates in respect of these purposes.'14. it cannot be disputed that the arbitration clause is distinct from the other substantive clauses in the contract. total breach of the substantive stipulations, even when it is accepted by the other party, does not abrogate the arbitration clause, and even the ..... cal. 642. their lordships confirmed the view of the calcutta high court and laid down: '(1) an arbitration clause is a collateral term of a contract as distinguished from its substantive terms; but none the less it is an integral part of it; (2) however comprehensive the terms of an arbitration clause .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-15-1966
Reported in : AIR1967SC203; 3SCR919
..... 175(3) were mandatory. the intention of parliament in enacting the provision was that the state should not be burdened with liability based on unauthorised contracts. the provision was made in public interest and so the word 'shall' used therein must be held to make it obligatory and not directory. ..... before however the chief conservator of forest could accept the contract, the appellant raised a dispute as to the marking of the trees according to the material notified at the time of the auction. as ..... the chief conservator of forests who had the necessary authority to accept the bids. after the close of the auction the appellant had signed the contract form and a surety signed the security bond as required. these documents were sent to the chief conservator of forests for sanction and signature. ..... to furnish the security required or to complete the formalities, the earnest money deposited by him was to be forfeited to government and the contract would be re-auctioned at the risk of the successful bidder and any deficiency happening on such re-sale would be recoverable from the successful ..... divisional forest officer reserved to himself the power without assigning any reason to accept the highest or any bid, (c) that the consideration due under a contract was to be payable where it exceeded rs. 3,000/-, in four equal instalments, the first instalment being payable immediately at the close of the .....Tag this Judgment!