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Judgment Search Results Home > Cases Phrase: pawnee contract Year: 1975 Page 1 of about 708 results (0.095 seconds)

Oct 09 1975 (HC)

Shatzadi Begum Saheba and ors. Vs. Girdharilal Sanghi and ors.

Court : Andhra Pradesh

Decided on : Oct-09-1975

Reported in : AIR1976AP273

..... sultan v. firm ramapratap kanniyalal, : air1964ap201 at p. 204 in the same words as pointed out by sanjiva row in his commentaries on the indian contract act, in radhakirhsnan v. madras peoples' bank, air 1943 mad 73 leach, c.j. pointed out the distinction between mortgage and pledge thus :'the ..... is applicable to indian conditions. it is only under this principle that the hypothecation or mortgage of moveable property, although to specifically provided in the contract act are valid and a decree can be passed in enforcement of such transactions.20. the privy council in in re- the odessa, 1916 ..... is transferred to the pledgee who is impliedly authorised to sell the goods pledged in case of default in accordance with the provisions of the contract act. in case of mortgage however, a general but limited property is transferred to the creditor but the possession may or may not be ..... moveable property. section 172 of the indian contract act defines 'pledge' as follows :'the bailment of goods as security for payment of a debt or performance of a promise is called 'pledge'. the bailer is in this case, allied 'pawner'. the bailee is called the 'pawnee'.17. the three essential features of a ..... 'pledge' are : (1) there must be a bailment of goods i.e. delivery of goods, (2) the bailment must be by way of security and (3) the security must be for payment of a debt or a performance of a promise. as observed in sanjiva row's commentaries on indian contract .....

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Apr 03 1975 (HC)

Shitla Prasad Vs. M. Saidullah and ors.

Court : Allahabad

Decided on : Apr-03-1975

Reported in : AIR1975All344

..... resolution by the government not to deal with a particular person, resulted in the infringement of such person's fundamental right to be treated equally in the matter of public contracts, and that such deprivation of right could be effected only after following a procedure consistent with the principles of natural justice. in our opinion the ratio of the aforesaid decision ..... dismissed without first telling him what is alleged against him and hearing his defence or explanation.'18. these observations make it clear that where appointment of a person under a contract is being terminated there is no question of following the principles of natural justice. but an exception has been created in respect of termination of service of a person ..... relation of master and servant governed by the terms of appointment, in the absence of special circumstances, the high court would relegate a party complaining of wrongful termination of the contract to a suit for compensation and would not exercise its jurisdiction to issue a high prerogative writ, compelling the university to retain the services of the vice-chancellor whom the ..... fact that the appointment of the manager is made under section 10(2)(b) of the administration of evacuee property act, the appointment none-the-less is under a contract and if the contract is terminated, the manager cannot invoke the jurisdiction of a high court under article 226 of the constitution. in this connection the learned judges observed thus:'............ but even .....

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Sep 23 1975 (HC)

Manick Lal Seal and anr. Vs. K.P. Chowdhury

Court : Kolkata

Decided on : Sep-23-1975

Reported in : AIR1976Cal115

..... and in december, 1961 his attempt to revive the appeal under section 151, civil p. c. failed. subsequently, the plaintiff filed the instant case for specific performance of contract. from the facts and circumstances ft is very reasonable to hold that till the rejection of the memorandum of appeal, the plaintiff was speculating upon the result of that suit ..... a period from the time when he had received the ejectment notice from his landlord. the learned additional district judge says that as the plaintiff performed his part of the contract, it cannot be said that the relief to be granted in this suit is inequitable.7. the case of mademsetty satyanarayana : [1965]2scr221 , already referred to was decided ..... additional district judge failed to appreciate the correct principles regarding the use of the discretionary power of the court in the matter of granting decree for specific performance of a contract as mentioned in section 22 of the specific relief act, 1877. on this question, both the parties have relied upon the decision in mademsetty satyanarayana v. yellojirao, reported in : ..... been refused. i am afraid this proposition is too wide and impracticable to be accepted. according to article 113 of the old limitation act, the limitation for specific performance of contract starts when the plaintiff has notice that performance is refused. the word 'notice' means intimation, information, cognizance, or observance. 'notice' implies knowledge and this knowledge comes from direct .....

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Dec 20 1975 (HC)

Union of India (Uoi) and ors. Vs. Chouthmal

Court : Madhya Pradesh

Decided on : Dec-20-1975

Reported in : AIR1976MP199

..... and 'executed' in article 299(1) of the constitution might suggest that it should be by a deed or a formal written contract, a binding contract by tender and acceptance can also come into existence, if the acceptance is by a person duly authorised on this behalf by the president ..... material before us to conclude that chief administrator, dandakaranya project much less the conservator of forests, were persons authorised to enter into such a contract. the learned addl. district judge has, however, by his finding dated 17-2-1969 strangely enough, holds that they were so authorised. ..... board were secretaries to the central government and hence the board on whose behalf the secretary communicated the acceptance could enter into a binding contract. in repelling the contention, their lordships observed:--'this submission also is without force because there is no material before us to conclude that ..... sc 113) (supra), their lordships pointed out that the manner of conferment of authority upon persons of government for the purpose of execution of contract may differ from case to case. sometimes a rule, sometimes a notification and sometimes a special authority may validly issue. nevertheless, in all the ..... of the constitution have not been enacted for the sake of mere form but they have been enacted for safeguarding the government against unauthorised contracts. the provisions are embodied in the constitution on the ground of public policy--on the ground of protection of general public and these .....

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Sep 03 1975 (HC)

Sankatha Prasad Vs. Abdul Aziz Khan

Court : Allahabad

Decided on : Sep-03-1975

Reported in : AIR1976All95

..... decree for specific performance without averring and proving that he had performed or that he was ready and willing to perform the essential terms of the contract,16. it was argued on behalf of the plaintiff appellant that the trial court did not frame any issue. the absence of pleading for ..... the plaintiff appellant therefore could not get a decree of specific performance notwithstanding the fact that no breach of contract was committed by the plaintiff-appellant and that it was the defendant-respondent who tried to evade execution of the sale deed by hook or by ..... 12. the above words did not amout to an averment that the plaintiff has all along been ready and willing to perform his part of the contract. the above averment was therefore lacking in the plaint with the result that the plaintiff appellant is not entitled to any decree for specific performance. ..... arises whether this averment is to be found in the plaint that the plaintiff appellant has been ready and willing to perform his part of the contract. both the courts below have given concurrent finding of fact that the above averment does not find place in the plaint. the learned counsel for ..... doubt that a suit for specific performance has to fail if the plaintiff fails to plead and prove his readiness and willingness to perform his part of the contract,10. thus the above two provisions were interpreted by the supreme court in : [1970]1scr921 and : [1968]3scr648 and : air1974all294 .11. in .....

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Feb 07 1975 (HC)

Vallabhdas Manjibhai Dholakia and ors. Vs. Commissioner of Income-tax, ...

Court : Gujarat

Decided on : Feb-07-1975

Reported in : [1975]98ITR403(Guj)

..... the impugned provisions is more that satisfied. 16. it was next urged that the impugned provisions was unreasonable inasmuch as it was founded on an unwarranted assumption that building contracts exceeding a particulars value provide a safe outlet for unaccounted money with the active connivance of a building contractor and that on particulars, no matter whether he is assessable ..... of the statute as in any manner restricting the right of such a contractor to carry on his business. the statute does not required that before entering into the contract he should furnish the requisite informations, and that unless such particulars are furnished it also does not prescribed that failure to furnish the requisite particulars would entail forfeiture of ..... right to hold such property. by requiring a contractor to disclose the relevant particulars to the income-tax officer, the impugned provision does not acquire or take possession of the contract or of its essential ingredients or contents. the contractor, even after furnishing the particulars, still retains possession therefore and can make such use of them as he likes. ..... relevant statutory provisions section 285a reads as under : '285a. information by contractors in certain cases. - (1) where any person (hereinafter referred to as 'the contractor') enters into a contract for the construction of a building for, or the supply of goods or service in connection therewith to, any other person, the value of which exceeds fifty thousand rupees, he .....

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Nov 12 1975 (HC)

Commissioner of Income-tax, Gujarat-iii Vs. Thobhandas Jivanlal Gajjar

Court : Gujarat

Decided on : Nov-12-1975

Reported in : [1977]109ITR296(Guj)

..... . 9. no entries from the books of accounts of the assessee, thobhandas, were produced or pointed out to show that he had made payments in respect of 'f' group contract to vasant & company. 10. the alleged assignment deeds were for ulterior purposes of evading income-tax. 14. neither the income-tax officer nor the appellate assistant commissioner could persuade ..... was admittedly an employee of the assessee, thobhandas. 6. assessee, popatlal panachand shah, was admittedly a manager of pravin construction company in whose name the assessee, thobhandas, had taken the contract. 7. assessee, thobhandas, had purported to assign the work of 'p' group tenements to the assessee, popatlal panachand shah, even before his tender was accepted by the housing board. ..... , thobhandas, liable for the dues of sub-contractors and exonerated popatlal, because he was held to be merely the manager of pravin construction company in whose name 'p' group contract was taken from the bombay housing board. assessee, thobhandas, being aggrieved by this judgment and order carried the matter in appeal before the district court, ahmedabad. the learned extra ..... in his opinion since the assessee, popatlal, had not gone in appeal before the tribunal from his orders confirming the assessments in respect of the income from the 'p' group contract works in his hands in earlier years, and, therefore, accepted the assessments of such income in his hands. he accordingly allowed the appeal of the assessee, thobhandas, against .....

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Sep 12 1975 (SC)

K. Sreedhara Reddy Vs. the Conservator of Forests and ors.

Court : Supreme Court of India

Decided on : Sep-12-1975

Reported in : AIR1976SC782; (1976)1SCC107; [1976]1SCR770; 1975(7)LC798(SC)

..... of conditions has been committed. that would be to inconsistent a stance for the state to adopt. it is true that the termination of the contract under rule 30 is a condition precedent to realisation of the penalty from the contractor but realisation is different from imposition. the forest authorities quantify and ..... of the power. the facts we have set out earlier make it clear that an opportunity had been afforded in the case of both the contracts before finally quantifying the penalty to be levied but the contractor did not avail himself of the opportunity. while it is clear that in absence ..... learned judge for reasons which are unclear although our conclusion concurs with theirs. the rules regulating the consequence of a breach of the conditions of forest contracts were originally promulgated in urdu in the hyderabad state but we have been handed up the manual of civil laws, andhra pradesh, which contains those ..... conservator of forests fixed the loss sustains by government on account of the illicit falling trees and also the penalty for breach of the conditions of the contract. this was done on october 16. 1960 and the appellant was asked to pay the sum by notice dated october 28, 1960. on the ..... represented the loss, sustained by the state on account of the illicit cutting and the other was a penalty imposed under rule 29 of the forest contract rules (for short the rules issued in exercise of the powers conferred under sections 44 and 79 of the hyderabad forest act, 1355f (for short, .....

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Dec 04 1975 (HC)

Metro Electric Co. Vs. Delhi Development Authority Etc.

Court : Delhi

Decided on : Dec-04-1975

Reported in : AIR1976Delhi195; 1976RLR426

..... record has been referred to by the parties, where necessary. (8) now let us examine the other aspect of the matter. the period to perform the contract was up to 7th february, 1971. thereafter clause 5 could be invoked by the contractor for extension of time. this clause is in the following terms: ..... any evidence to show that the rise in the prices bad occurred on account of any of causes mentioned in clause 10 (c). the terms of contract could not, thereforee, be varied. any increase in the rates affects the terms of the written agreement which cannot be done unilaterally. the conclusion of ..... by the parties was expressly stipulated and was inserted in the agreement in explicit and absolute terms. once the firm had signified its acceptance to the contract it was tied down to those terms and could not get back or wriggle out simply because it did not suit its interest. (5) the contractor ..... the work) such increased price and/ or in respect of labour engaged on the execution of the work such increased wages, then the amount of the contract shall accordingly be varied provided always that any increase so payable is not, in the opinion of the chief engineer (whose decision shall be final and binding ..... the parties. no doubt the prices had shown upward trend during the stipulated period of eleven months and even thereafter, but this did not modify the contract nor it brought about any change in its terms. if there had occasioned a decline in the prices and margin of profits had been higher than .....

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Jun 16 1975 (HC)

Ratnakar Mohanty Vs. Jugal Kishore Patnaik

Court : Orissa

Decided on : Jun-16-1975

Reported in : AIR1976Ori85

..... construction of wooden culvert on jamujhadi-khirkona road and the other in respect of construction of r. c. decking culvert on jamujhadi-khirkona road. both these contracts are f-2 contracts. in respect of the remaining contract works there is no written agreement.9. the petitioner's plea is that he executed the aforesaid projects in the capacity as the sarpanch of rahanj ..... are said to be subsisting on the date of filing of the nomination papers. mr. mohanty, the learned counsel for the respondent, has confined this issue to the following fifteen contracts, which are:--(1) repair of primary school (erei school), (2) construction of culvert on charampa-sabrang road, (3) improvement of kodbaruan l. p. school, (4) advance made for procurement of ..... the constitution, nevertheless, the same would opezate as a disqualification under the section, because there is always a possibility of the government subsequently ratifying the same specially when such a contract is for the benefit of the government (see the case of abdul rahiman khan v. sadasiva tripathi, air 1969 sc 302). again it has been laid down in the same ..... at the instance of one balaram sahu before the returning officer that the petitioner was disqualified for being chosen as a member of the orissa legislative assembly as there subsisted contracts entered into by him with the government of orissa for execution of works under-taken by that government under section 9a of the representation of the people act, 1951 (hereinafter .....

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