Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1902)ILR24All251
..... the balance of the loan given by him to the defendants. that loan was secured by the pledge of movable property. section 176 of the contract act gives the pawnee the right to bring a suit on the debt, retaining the article pledged as collateral security. it also empowers him to sell the thing pledged ..... case is on all fours with the present, and we agree with the view adopted in it. the learned subordinate judge thinks that section 176 of the contract act conferred a new right on the plaintiff, and this was the contention of the learned advocate for the respondent. in our opinion this view is erroneous. ..... they pledged jewellery and other movable property. this property the plaintiff alleges has been sold by him under the power vested in him by section 176 of the contract act, and a balance is due, which he seeks to recover personally from the defendants. as has been stated above, the dealings began in 1879; the ..... antaji bom. p.j. 1886 p. 161 cited in rivaz on the limitation act, p. 122. there it was held that a suit by a pawnee to recover the balance due on his debt after accounting for the proceeds of the sale of the articles pledged must be brought within three years from the ..... after giving reasonable notice, and to recover the balance of the debt, if any, remaining after such sale. the original contract of loan is not put an .....Tag this Judgment!
Court : Delhi
Decided on : Feb-13-1969
Reported in : AIR1969Delhi313; ILR1969Delhi405
..... is in this case called the 'pawner.' the bailee is called the 'pawnee'.'under s. 176 of the contract act-'if the pawner makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which ..... of the learned counsel for the respondents that in the case of a transfer of shares, the transferee becomes entitled to all the dividends declared after the contract of transfer and to the bonus or right shares, if any thereforee, has no relevance; because in the case of a transfer which is a sale, ..... . any accretion in the shape of dividends, bonus or right shares, issued in respect of the pledged shares will, thereforee, be in the absence of any contract to the contrary, the property of the pawnor.12. in the case of a sale, 'the property' in the goods is transferred from the seller to the ..... the distinction between the pledge, the mortgage and the sale has nto been properly appreciated by him. pledge is defined in s. 172 of the indian contract act which is reproduced as follows:--'the bailment of goods as security for payment of a debt or performance of a promise is called 'pledge'. the bailor ..... the goods were pledged, the pawnee may bring a suit against the pawner upon the debt or promise, and retain the goods pledged as a collateral .....Tag this Judgment!
Court : Delhi
Decided on : Jan-07-1969
Reported in : ILR1969Delhi410
..... '. the bailor as in this case called the 'pawnor'. the baile.e is called the 'pawnee'.' (11) under section 176 of the contract act- 'if the pawnor makes default in payment of the debt, of performance, at the stipulated time of the promise, in respect of ..... of the leaned counsel for the respondents that in the case of a transfer of shares, the transferee becomes entitled to all the dividends declared after the contract of transfer and to the bonus or right shares, if any, thereforee, has no relevance; because in the case of a transfer which is a sale ..... promise. any accretion in the shape of dividends, bonus or right shares, issued in respect of the pledged sharps will, thereforee, be, in the absence of any contract to the contrary, the property of the pawnor. (14) in the case of a sale, 'the property' in the goods is transferred from the buyer to ..... . the distinction between the pledge, the mortgage and the sale has nto been properly appreciated by him. pledge is defined in section 172 of the indian contract act which is re-produced as follows:- 'the bailment of goods as security for payment of a debt or performance of a 'promise is called 'pledge ..... which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and remain the goods pledged as .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-15-1969
Reported in : 27STC61(All)
..... actual delivery and not constructive delivery and that as the actual delivery of the goods took place outside uttar pradesh under the terms of the contract the benefit of section 5 was available to the dealer. it was laid down that although the destination to which goods were to be despatched ..... having bought from you the goods as detailed below subject to the terms and conditions overleaf....9. upon the plain terms and conditions of the contract it makes no difference that the goods were booked by rail under railway receipts, that the railway receipts showed the assessee as consignee, and that ..... having been completed at kanpur or as inter-state transactions?3. it is appropriate at this stage to set out the relevant terms of the contract:1. unless otherwise expressly agreed in writing all goods sold shall be deemed to have been sold ex mill delivery. no complaint regarding quality or ..... to have been occasioned by the contract of sale entered into by the assessee. at the instance of the assessee the judge (revisions) has referred the following question:--whether under the circumstances ..... assessee was dismissed. the order was affirmed by the judge (revisions) sales tax, who held that according to the terms set out in the contract forms the delivery of the goods was completed at the mill premises and the subsequent movement of the goods outside the state could not be said .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-01-1969
Reported in : 78ITR503(Cal)
..... void ...' 8. mr. b.l. pal, learned counsel for the revenue, has urged before us that each reported case on the subject deals with the construction of the relevant contract. the contract in the present case, according to mr. pal, was in the standard form prescribed by a well-known trade association in london. in that form, for the convenience of ..... the relevant portions of this clause (with the corrections) are set out below :'force majeure 15. (a) in the event of war, hostilities or blockadepreventing (the shipment) during the contract period, this contract or anyunfulfilled part thereof shall be cancelled, (b) should (the shipment) bedelayed by fire, strikes, lock-outs, riots or revolution, prohibition of exportor any executive or legislative act done ..... extent of the amount of profits and gains, if any, in any other business consisting of speculative transactions . . . explanation 2.--a speculative transaction means a transaction in which a contract for purchase and sale of any commodity including stocks and shares is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity or scrips.' 6 ..... oil for january and/or february, 1954, shipmentat 125 per ton. but the assessee could not secure the export licence for shipping the goods. on the date of the contract the government of india had not announced its export policy but during the first half of the yearexports were normally permitted. the tribunal observed that the assessee must have thought .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1900)ILR22NULL224(P.C.)
..... void as being in part for an unlawful consideration, or for an object opposed to public policy within the meaning of section 23 of the contract act. it might very well have been contended that the submission had for its object the stifling of a prosecution for offences not compoundable under ..... , although undoubtedly there was fear and undoubtedly an agreement not to prosecute. in india we must apply the definition of undue influence contained in the contract act, section 16, and taking the statements of the appellant as they stand, it appears to me that there is no sufficient evidence of the ..... , although such treatment may not amount to coercion.' if the appellant's consent to the submission was caused by undue influence as thus defined, the contract was voidable at his option under section 19. now the circumstances under which the submission was entered into were these. there had been certain dealings between ..... the question altogether. the question of undue influence requires further consideration. we must apply the definition of undue influence contained in section 16 of the contract act, as it stood before its amendment by section 2 of act no. vi of 1899. the only part of section 16 which has been ..... as regards the first point, no question of coercion properly so-called arises in this case. coercion is defined in section 15 of the indian contract act. it is clear that coercion as thus defined implies a committing or threatening to commit some act which is contrary to law. no such .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-10-1969
Reported in : 26STC100(All)
..... the railway. the contract provides that when underframes are supplied to the assessee they will be supplied only after the assessee executes an indemnity bond for their safe custody. the property in the underframes ..... of body construction including painting etc.' this is not a case where what is supplied by the assessee is a composite unit distinct from the underframes. there is in the contract before us reference to a completed coach only and it is a completed coach which the assessee delivers to the railway. significantly, the underframes remain throughout the property of ..... question referred accordingly.19. the cases on the point have been discussed by my brother gulati, j., but i may mention the reasons which have prevailed with me.20. the contract between the assessee and the north eastern railway required the assessee to build railway coaches. the underframes were to be supplied by the railway and on those underframes the assessee ..... therefore, taxable 2. the assessee, m/s. noorullah ghazanffurullah is a firm of contractors which carries on business at allahabad. in the assessment year 1958-59, the assessee executed a contract of building railway coaches for the north eastern railway on the underframes supplied by the railway. the coaches were to be built according to the specifications and drawings annexed to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-15-1969
..... remedies, 54 va.l.rev. 38, 41-95 (1968). [ footnote 3 ] respondent is a past president of the association, and thus was familiar with its bylaw that a "labor contract negotiated by the committee shall be binding upon the regular members of this association separately and collectively. . . ." [ footnote 4 ] the fact that the payments in question here did not ..... plenary authority to administer and enforce collective bargaining contracts. those agreements are normally enforced as agreed upon by the parties, usually through grievance and arbitration procedures, and ultimately by the courts. but the business of the board, among ..... no more than the act and cases like phelps dodge plainly authorize. the challenge of the employer, in brief, is that ordering the payment of fringe benefits reserved in the contract inserts the board into the enforcement of the collective bargaining agreement, contrary to the policy and scheme of the statute. [ footnote 4 ] admittedly, the board has no ..... u. s. 358 mr. justice white delivered the opinion of the court. the roofing contractors association of southern california, of which respondent was then a member, negotiated a collective bargaining contract with the roofers union [ footnote 1 ] effective august 15, 1963, establishing compensation levels for the employees of member firms for the next four years. on august 20, 1963, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-12-1969
Reported in : AIR1969SC859; 73ITR698(SC); (1969)1SCC659; 3SCR669
..... when he agreed to accept a sum of rs. 1,87,000 from the aforesaid persons as consideration for transferring the benefits of the contract the appellant can well be said to have concluded a deal which represented the profit which he anticipated by acquiring the parachutes.6. it ..... normal method of doing supply business in our country. according to it, highly influential parties instead of doing the business themselves manage to secure contracts and pass on the actual execution of the business to others in return for a fixed sum of money. this is what the appellant did ..... letters which were exchanged between the concerned parties were also considered and the conclusion at which the high court arrived was that the benefit of the contract which the assessee had entered into with m/s. tata aircraft ltd. had been transferred by him in favour of messrs. pokhraj hirachand for ..... of partnership was entered into between six persons, namely, nathmal, pokhraj, chandumal, prithviraj, shapoorji & co. ltd. and jamalbhai. this partnership took over the contract of purchase entered into by pokhraj hirachand. it was registered by the income tax authorities for the assessment year 1948-49.2. m/s. pokhraj hirachand in ..... aircrafts ltd. was acting as the agent of the government. the agreed purchase price of the parachutes was approximately rs. 93 1/2 lakhs. the contract was entered into by means of letters. the assessee addressed a letter, dated october 29, 1946 to tata aircraft ltd. containing an offer. tata .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-25-1969
Reported in : (1970)3SCC635; 1969()WLN51
..... high court was not justified in allowing the plaintiff to raise this plea of misrepresentation as having been made by the defendant and holding that the contract has become unenforceable in law, which was nobody's case.15. then the question is what exactly are the rights of the plaintiff and the ..... the defendant. 14. that there can be no question of any misrepresentation, so as to bring the case within sections 18 and 19 of the contract act, as erroneously assumed by the high court, will also be clear when we refer to the order, dated december 20, 1962, passed by the ..... 1, was the representation made by the defendant that he has claims of over ten lakh rupees and when that representation has been falsified, the contract itself falls to the ground.13. in our opinion, both the plaintiff and the defendant have taken a rather extreme position, the plaintiff urging that ..... arisen because the amount of compensation actually received by the defendant has fallen considerably short of the original representation, and hence the question of the contract ceasing to be enforceable on the basis of the misrepresentation made by the defendant can be gone into. even the direction for a refund of ..... into the agreement exhibit 1 and it having been eventually discovered that the compensation claim of the defendant was nowhere near rs 10,00,000, the entire contract stood vitiated in law, due to the defendant's misrepresentation and has ceased to be enforceable, (iii) in view of the subsequent oral agreement, .....Tag this Judgment!