Court : Mumbai
Decided on : Apr-23-1976
Reported in : (1977)79BOMLR449
..... incurred by him in respect of the possession or for the preservation of the goods pledged. under section 174, in the absence of a contract, a pawnee is not entitled to retain goods pledged for any debt or promise other than the debt or the promise for which they are pledged, though ..... which must follow is that the pledged article must be returned to the pledge in accordance with the provisions of the contract act. section 173 of the contract act enables the pawnee to retain the pledge not only for payment of the debt but also for the interest of the debt and also ..... other commodities. in the complexities of modern conditions, in their wide sweep are included carriage of persons and goods by road, rail, air and waterways, contracts, banking, insurance transactions in the stock exchanges and forward markets, communication of information, supply of energy, postal and telegraphic services and many more activities- ..... it is further provided that such contract in the absence of anything to the contrary shall be presumed in regard to subsequent advances made by the pawnee. under section 160, which is a section which deals with bailments, it is clearly provided ..... pawned article is not for any reason available, the pawnee will be bound to pay the value thereof in lieu of the article. section 9, therefore, does nothing more than give effect to the right of the pawnor as provided in the contract act. indeed, it is expressly a provision in respect .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-01-1976
Reported in : AIR1976SC879; (1976)3SCC108; 3SCR504
..... of interest but he is claiming the damages calculated on a particular basis. as a common carrier the railway is undoubtedly responsible for breach of contract. in the instant case the railway receipt shows that the goods were booked to be carried from bhilai to poona which is on the nagpur ..... damages for wrongful detention of debt. x x x x xthe position is different where interest is claimed as part of the damages for breach of a contract. a similar view was taken by a division bench decision of the patna high court in official receiver, calcutta high court v. baneshwar prasad singh : ..... required. it is not possible from the provisions of section 72 to spell out the principle that the new act completely supersedes the provisions of the contract act both in respect of the conditions and the liability. section 73 of the new act lays down that the railway administration shall be responsible for ..... contentions of the appellant on the ground that the new railways act does not reduce or diminish the liability of the railway administration for breach of contract but in fact the act seeks to increase the liability. secondly it was submitted that even if the case of the plaintiff does not fall ..... on the railway administration. soon after the service of the notice the consignment was delivered on july 21, 1962. according to the plaintiff under the contract or the usage of the railways the normal period of delivery was ten days and as the defendant had committed an inordinate delay in delivering the .....Tag this Judgment!
Court : Allahabad
Decided on : May-07-1976
Reported in : (1976)5CTR(All)0264A
..... pradesh (a.i.r. 1965 s.c. 1773), merely designating such dealers as agent does not make them 'agents' as understood under the law of contract, nor such description is conclusive. just as under the madras procurement order, 1946, so under present order, an agent is entitled to inspect, variety and accept ..... the turnover of the assessee which was objected to. it was held by this court that in the said transactions there was no element of contract and that they were made compulsorily and at controlled prices, without any option on the part of the assessee either with regard to the quantities ..... the supply and distribution of goods by and between the parties under control orders in state do not absolutely impinge on the freedom to enter into contract. legislative measures or statutory provisions fixing the price, deliverly, supply and restricting the areas for transactions, we all within the realm of planning economic ..... and agent, the agent was bound to make over the said profit to the government. after examining the provisions of the said procurement order and the contract entered into between the government and the appellants, it was held by the supreme court that the appellants before it were not 'agents' of the ..... the purchase of levy paddy is not liable to tax as the said purchase is made under compulsion and that, there is no element of 'freedom of contract' or any choice in the matter or an agreement and that, therefore, they are not 'sales' within the meaning of the act. the said .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-11-1976
Reported in : 38STC19(AP)
..... andhra pradesh a.i.r. 1965 s.c. 1773, merely designating such dealers as agents dose not make them 'agents' as understood under the law of contract, nor such description is conclusive. just as under the madras procurement order, 1946, so under the present order, an agent is entitled to inspect, verify ..... the turnover of the assessee which was objected to. it was held by this court that in the said transactions there was no element of contract and that they were made compulsorily and at controlled prices, without any option on the part of the assessee either with regard to the quantities ..... supply and distribution of goods by and between the parties under control orders in a state do not absolutely impinge on the freedom to enter into contract. legislative measures or statutory provisions fixing the price, delivery, supply and restricting the areas for transactions, are all within the realm of planning economic ..... agent, the agent was bound to make over the said extra profit to the government. after examining the provisions of the said procurement order and the contract entered into between the government and the appellants, it was held by the supreme court that the appellants before it were not 'agents' of the ..... the purchase of levy paddy is not liable to tax as the said purchase is made under compulsion and that, there is no element of 'freedom of contract' or any choice in the matter or an agreement and that, therefore, they are not 'sales' within the meaning of the act. the said .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-23-1976
Reported in : AIR1977Cal20
..... opposite party no. 1) they shall be instituted in the appropriate civil court of durg (district)'. 11. on a consideration of clause 23 of the general conditions of contract it is evident that the said clause embodies an arbitration agreement. in this case undoubtedly the petitioner failed to supply the requisite quantity of fireclay bricks and refractory materials as ..... after having appointed sri satipati banerjee as its arbitrator for decision of the dispute by arbitration is not competent to question the existence of any arbitration agreement in the contract entered into between them. mr. mukherjee has next submitted that the arbitrator sri satipati banerjee appointed by the petitioner having failed and neglected to proceed with the arbitration ..... said application. it has been further submitted by the learned counsel appearing on behalf of the petitioner that the learned subordinate judge was wrong in not holding that the contract had become void being impossible of further performance. it has been lastly contended that the appointment of the opposite party no. 2 as the sole arbitrator is illegal and ..... sole arbitrator will lead to substantial miscarriage of justice. it has, therefore, been prayed that the question whether there is an arbitration agreement in respect of the above mentioned contract between the petitioner and the opposite party no. 1 should be determined. there is also an alternative prayer for setting aside the purported appointment of the opposite party no. .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-12-1976
Reported in : AIR1976All464
..... government has undoubtedly powers to guide the officersspecially so in matters relating to disposal of government property. delegation of authority on the chief conservator to sanction contracts on behalf of the state government does not take away power of the state government to lay down policy for the guidance of the officers who are empowered to ..... the sanctioning authority exercises administrative function to sanction contracts on behalf of the state government, it is well settled that the stale government can issue direction for the guidance of its officers in administrative matters. the state ..... with the administration and working of the forest and the business of the forest department generally. note (2) further empowers the chief conservator and the conservators to sanction contracts; it does not expressly or even by implication contain any direction that the sanctioning authority shall not take into account any policy decision taken by the government. admittedly ..... any direction, to the additional chief conservator for accepting the respondents' bids. it was further urged that the additional chief conservator was the appropriate authority to sanction the contract and his discretion could not be controlled by the state government. while considering this question it must be borne in mind that the trees which were the subject- .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-11-1976
Reported in : AIR1976SC1414; (1976)3SCC32; 3SCR614; 1976(8)LC328(SC)
..... flows from the breach. therefore, the principle is that as far as possible the injured party should be placed in as good a situation as if the contract had been performed, in other words, it is to provide compensation for pecuniary loss which naturally flows from the breach. the high court correctly applied these ..... high court passed decrees awarding the respondents price of sugar and costs of damages and interest pendente lite and future interest.21. the appellant contended that the contract price should not have been awarded. the high court said that the evidence of plaintiff's witness gaya prasad showed the selling rate of sugar and there ..... principles and adopted the contract price in the facts and circumstances of the case as the correct basis for compensation.23. for these reasons, the judgment of the high court is affirmed ..... 22. the market rate is a presumptive test became it is the general intention of the law that, in giving damages for breach of contract, the party complaining should, so far as it can be done by money, be placed in the same position as he would have been in if ..... the contract had been performed. the rule as to market price is intended to secure only an indemnity to the purchaser. the market value is taken because .....Tag this Judgment!
Court : Chennai
Decided on : Jul-23-1976
Reported in : 39STC277(Mad)
..... not as if the removal of the cotton to adjoining mills does not require handling and that handling does not require packing. therefore the very contract for ginning cotton clearly involves, as an incident thereof packing ginned cotton for being handled after the ginning is over. under such circumstances, ..... this difference in the two cases, this court came to the conclusion that there was no sale of packing materials because there was no contract, express or implied, for the sale of those packing materials. this court also pointed out that the mere fact that the property in the ..... in that case also the assessees were owners of flour mills and they were dealers and manufacturers of wheat products. the assessees entered into a contract with the food corporation of india under which the corporation was to supply wheat packed in gunny bags to the assessees for converting the same ..... the packing material was implicit. to put it in other words, the intention of the parties being to deliver the goods as packed, a contract to purchase the packing materials could readily be inferred in the circumstances of those cases.6. this court thereafter considered the distinction between the purchase ..... to certain decisions of this court which dealt with the question of liability to assessment to sales tax in respect of packing materials where the contract was for the purchase of certain other principal materials, this court observed :the decisions referred to above were cases in which there had been .....Tag this Judgment!
Court : Chennai
Decided on : Oct-18-1976
Reported in : (1977)2MLJ354
..... judgments for payment of money are subjected to similar conditions requiring treasury consent before payment; in effect, the hand of control is shifted from the contract to the right arising under the judgment. moneys due under judgments or orders can be paid into court, thus discharging the debtor, and the ..... to so adjust and set-off by conversion of the rupee security into a malaysian dollar security, when the occasion is called for under the contract. this is not impossible of calculation and reckoning. the grant of permission by the reserve bank to repatriate converted funds is not adjudication by ..... the house of lords made the following observation:conversion into sterling of the damages in turkish currency in respect of the respondent's pension under the contract should be at the rate of exchange at the date of his dismissal, not at the date of the judgment.in re, russian commercial ..... as if it was by automatic transmission. tiruchi as well as the penang branch understood the situation correctly and furthered the intention behind the contract by taking steps to obtain permission from the reserve bank to repatriate the indian funds. the penang branch as well as the tiruchi branch ..... situations whereunder the permission of the reserve bank is necessary for repatriation of funds. section 21 creates a bar against the entering into any contracts or agreements which would directly or indirectly result in evasion or avoidance of any of the provisions of the act. the scheme of the foreign .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-16-1976
Reported in : AIR1976SC626; (1977)1SCC583; 1976(8)LC203(SC)
..... plaintiff at the bangalore supply depot were diverted to jallahalli unit. although such diversion, as already observed, did not contravene any condition of the contract yet diversion of such a huge quantity to jallaihali depot was possibly beyond the ken of the plaintiff. in other words, such diversion resulted ..... instalments and when the plaintiff failed to deliver the instalments from 17.11.1949 onwards, it did not amount to a repudiation of the entire contract making the plaintiff liable for damages, if any, incurred by the defendants after november 17, 1949 in making risk purchases from the market. ..... specimen signatures of the witness, lt. co1. suri testified that the papers were put up before him with a recommendation for rescission of the contract in question in december. 1949 on account of constant failures on the part of the plaintiff to supply onions despite repeated warnings of the commanders ..... . it is stressed that the agreement was also execute by a lt. col. of griasc who in reality was the 'officer sanctioning the contract', and the mere fact that the officer had before executing the agreement verbally obtained the approval of the then brigadier who was acting as area ..... plaintiff, k.h. rao, entered into an agreement (ex. d-2) with the defendant (union of india) through its military head quarter, madras area, contracting to supply onions for the period, october 1, 1949 to march 31, 1950, at the supply depots of the defendant in bangalore, cochin, coimbatore and wellington .....Tag this Judgment!