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Judgment Search Results Home > Cases Phrase: pawnee contract Year: 1982 Page 1 of about 819 results (0.065 seconds)

Dec 08 1982 (HC)

State Bank of India Vs. Quality Bread Factory and ors.

Court : Punjab and Haryana

Decided on : Dec-08-1982

Reported in : AIR1983P& H244

..... in case that was insufficient to satisfy the amount of loan, it could bring further action against the defendants. section 176 of the contract act 1872, relates to the pawnee's right where pawnor makes default in payment. it reads as follows:--'if the pawnor makes default in payment of the debt, or ..... of the surety against the principle debtor is impaired by any action or inaction, which implies negligence appearing from lack of supervision undertaken in the contract the surety would be discharge under the combined operation of ss. 139 and 141 of the act. in any event, if the creditor loses ..... reads as follows :--' a surely is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract for suretyship is entered into whether the surety knows of the existence of such security, or not; and if the creditor loses or, without the ..... ac 56, it was explicity recognised that a pledgee may redeliver goods to the pledgor for a limited purpose, without the by losing his rights under the contract of pledge. finally, reference may he made to ex parte, hubbard, (1886) 17 qbd 690. which laid down that the general property in the ..... that there must be a delivery of the article. either actual or constructive, to the pawnee. 'possession is an equivocal term; it may mean either mere manual possession, or the mere right to possession'. also see chitty on contracts, vol. ii. 21st edn. para 180 at page 73. constructive delivery will be adequate .....

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Oct 01 1982 (HC)

Khadija and anr. Vs. P.K. Mohammed P. Ltd. and ors.

Court : Kerala

Decided on : Oct-01-1982

Reported in : [1985]58CompCas543(Ker)

..... of a company, though would answer the term ' goods ' coming under the indian contract act, 1872, are dealt with, specifically and specially under diverse provisions of the companies act. a company has been conferred by parliament certain specific rights in ..... in it.'47. the facts in the present case are different from those in the bombay decision on material aspects. section 176 of the indian contract act, 1872, is a general provision. it applies to the generality of goods. the companies act, 1956, is a special enactment. the shares ..... of the indian contract act provides for the rights of a pawnee when the pawner makes default in the payment of debt. under that section, a ..... of the memorandum and the articles ; (d) to inspect and obtain copies of the minutes of general meetings ; (e) to inspect copies of directors' service contracts ; (f) to inspect the various registers to be maintained by the company without charge.' 35. the author continued:' apart from those principal and ancillary rights which ..... of his intention to the pawner. the option rests with the pawnee to resort to one of the two courses. the right to redeem remains until there is a lawful sale. as far as india is concerned, the indian contract act, 1872, contains specific provisions in this behalf. section 176 .....

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Dec 16 1982 (TRI)

M.V. Subbiah Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Decided on : Dec-16-1982

Reported in : (1983)4ITD397(Mad.)

..... satisfaction is bound to redeliver the property. the two ingredients of a pledge are : (i) that it is essential to the contract of pawn that the property pledged should be actually or constructively delivered to the pawnee ; and (ii) a pawnee has only a special property in the pledge but the general property therein remains in the pawner and wholly reverts to him ..... mortgaged, it can retain the policy as a collateral security. as explained by the supreme court in the case of lallen prasad v. rahmat ali 1967 air sc 1322, a contract to pawn a chattel even though money is advanced on the faith of it is not sufficient in itself to pass special property in the chattel to the ..... pawnee. delivery of the chattel pawned is a necessary element in making of a pawn. but delivery and advance need not be simultaneous and a pledge may be perfected by delivery .....

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Aug 06 1982 (HC)

Shah Nemji Chitarmal Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Decided on : Aug-06-1982

Reported in : 1982WLN(UC)441

..... v. harish chandra dwarka das and anr. : [1962]1scr653 , their lordships of the supreme court summarised the principles governing award of damage for breach of contract for supply of goods as under:the two principles on which damages in such cases are calculated are well settled. the first is that, as far as ..... thus, it is amply clear that although ordinarily it is the consignor who can sue for damages in transit to goods entrusted to railway because the contract of carriage is entered into between him and the carrier, but if the persons suing is neither the nor consignor the owner of the goods but ..... himself while the consignment is booked in the name of other person...as we have said already, ordinarily, the consignor is the person who has contracted with the railway for the carriage of goods and he can sue; and it is only where title to the goods has passed that the consignee ..... j. speaking for the court observed as under:ordinarily, it is the consignor who can sue if there is damage to the consignment, for the contract of carriage is between the consignor and the railway administration. where the property in the goods carried has parsed from the consignor to some one else, ..... has to be decided on the basis of evidence. their lordships observed that a consignor cansue if there was damage to the consignee, because the contract of carnage was between the consignor and the railway administration. but where the property in the goods carried had passed from the consignor to the consignee .....

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Apr 27 1982 (HC)

Smt. Nirmala Gehlot Vs. the Director of Primary and Secondary Educatio ...

Court : Rajasthan

Decided on : Apr-27-1982

Reported in : 1982WLN195

..... was merely to set at naught the order of wrongful dismissal of the workman by the employer and to reinstate him in the service of the employer as if the contract of employment originally entered into had been continuing. in the light of these observations in that decision, that part of the order of the presiding officer wherein he ordered that ..... that status quo ante is restored as if no order of termination was passed and the service would continue to be governed by the same terms and conditions of the contract of service. this would mean, if the above observations are applied to the present case, that the effect of reinstatement is only this that the petitioner would continu to remain ..... relations between the parties and the workman continues in the employ of the employer under those terms and conditions. there is no variation of those terms and conditions of the contract. the only thing which happens is that the workman is reinstated in his old service as before.the above observations of their lordships of the supreme court instead of helping ..... order of wrongful dismissal of the workman by the employer and to reinstate him in the service of the employer as if the contract of employment originally entered into had been continuing.the terms and conditions of the contract which obtained when the workman was in the employ of the employer prior to his wrongful dismissal which has been set aside continue .....

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Jan 06 1982 (HC)

Vasanji Navji and Co. Vs. K.P.C. Spinners and ors.

Court : Chennai

Decided on : Jan-06-1982

Reported in : AIR1983Mad31

..... to proceed by way of arbitration to recover the amount covered by the dishonoured cheques. the dishonour of the cheques is a subsequent event after the contract has been fulfilled by complete payment for the goods purchased and the suit has been filed on the subsequent cause of action i.e., the dishonouring ..... the prescribed forms by the cheques drawn on the reserve bank of india or the imperial bank of india. the company which supplied the goods contracted have received certain cheques which were honoured in due course by the reserve bank at bombay. since the company was a redient company in aundh ..... below has held that the suit has to be stayed under section 34 of the arbitration act, for the reasons (1) that since the sole contract was made subject to the bye-laws of the east india cotton association ltd., bombay which contained, an arbitration clause the parties should resort to the ..... the sale price of cotton by various cheques issued by the defendants, and, therefore, the claim cannot be taken to arise out of the original contract to supply cotton.3. after considering the relevant contentions of the parties in the applications for stay of the suit filed by the defendants, the ..... soon as the summonses were served on the defendants in the said suit, they filed applications under section 34 of the arbitration act contending that the contract to supply cotton entered into by the plaintiff with the defendants is subject to the bye-laws of the east india cotton association ltd., bombay, .....

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Nov 02 1982 (HC)

Shreeji Industries Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Nov-02-1982

Reported in : 1982WLN(UC)489

..... the touch-stone or reasonableness and public interest, i am of the opinion that in the facts and circumstances of the case, the order dated 24th august, 1982 cancelling the contract of the petitioner satisfies the aforesaid test. the tender (annexure r/1) submitted by the petitioner contained a schedule of specifications specifying the requirements with regard to the physical and ..... available to the petitioner was to institute a civil suit or seek arbitration as contemplated under clause 29 of the conditions of the tender which constitute the conditions of the contract and the petitioner cannot invoke the jurisdictions of this court under article 226 of the constitution to challenge the validity of the order dated 24th august, 1982 cancelling the said ..... as under:rules of natural justice are attached to the performance of certain functions regulated by statutes or rules made thereunder involving decisions affecting rights of pa ties. when a contract is sought to be terminated by the officers of the state, purporting to act under the terms of an agreement between parties, such action is not taken in purported exercise ..... in radhakrishna agrawal's case : [1977]3scr249 , the supreme court has observed that at the time of entry into the field of consideration of persons with whom the government could contract the state is bound by the obligation of the state with the individual citizens import into every transaction entered into in exercise of its constitutional powers. but, after the state .....

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Jan 06 1982 (HC)

Vasanji Mavji and Company, a Registered Partnership Firm Dealing in Co ...

Court : Chennai

Decided on : Jan-06-1982

Reported in : (1982)2MLJ216

..... to proceed by way of arbitration to recover the amount covered by the dishonoured cheques. the dishonour of the cheques is a subsequent event after the contract has been fulfilled by complete payment for the goods purchased and the suit has been filed on the subsequent cause of action, i.e., the ..... bills in the prescribed forms by cheques drawn on the reserve bank of india or the imperial bank of india. the company which supplied the goods contracted have received; certain cheques which were honoured in due course by the reserve bank at bombay. since the company was a resident company in aundh ..... low has held that the suit has to be stayed under section 34 of the arbitration act for three reasons : (1) that since the sale contract was made subject to the bye-laws of the east india cotton association limited, bombay which contained an arbitration clause, the par ties should resort to ..... was based on the dishonouring of the cheques issued by the defendants, and therefore, the claim cannot be taken to arise out of the original contract to supply cotton.4. after considering the relevant contentions of the parties in the applications for stay of the suit filed by the defendants, the ..... soon as the summons were served on the defendants in the said suit, they filed applications under section 34 of the arbitration act contending that the contract to supply cotton entered into by the plaintiff with the defendants is subject to the bye-laws of the east india cotton association limited, bombay, which .....

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Jan 27 1982 (HC)

State of U.P. and anr. Vs. Phool Chand Agarwal and anr.

Court : Allahabad

Decided on : Jan-27-1982

Reported in : AIR1982All260

..... the place of a valid and enforceable agreement of lease between the parties and create a lease between them, if, in spite of the absence of a contract between them, the owner of the property lets the other occupy it and accepts rent from him. before answering the question, it is necessary to refer ..... to be a lease from year to year ..... for any other purpose.....from month to month.'' it plainly means that in a case where the contract between the parties does not make a provision whether the lease is from year to year or from month to month, it shall be deemed to ..... evidenced by the delivery of the pro forma lease signed by the second plaintiff, coupled with the payment and acceptance of rent, in the absence of a contract, attracted the applicability of section 106 of the t. p. act. the result was that if,the letting was taken to be for manufacturing purposes, ..... finding ofthe trial court holding that the relationship of landlord and tenant did not come into being between the parties in the absence of a duly executed contract in conformity with the provisions of article 299 of the constitution6. it appears that after the suit was instituted, the pro forma deed of lease which ..... the plaintiff and that the compliance of the provisions of article 299 of the constitution has been fulfilled by implication. it was further pleaded that the contract had been ratified by holding over and payment of rent and retaining the possession, it was pleaded that 'article 299 of the constitution is for the .....

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Aug 04 1982 (HC)

S.K. Shanmugavelu and anr. Vs. State of Tamil Nadu

Court : Chennai

Decided on : Aug-04-1982

Reported in : [1983]54STC12(Mad)

..... was in pursuance of or incident of the contract of sale. but in this case the sale bills indicate that the price agreed is only ex-assessees' godowns and that the assessees did not ..... [1974] 34 stc 535 and state of madras v. bramhappa tavanappanavar (mysore) private limited [1974] 33 stc 601, even if there is no written contract of sale, it is possible to hold the transactions inter-state if the sale bills, lorry receipts and other correspondence indicate that the movement of the goods ..... the obligation of transporting the goods to the out-of-state destinations and of effecting actual delivery to the buyers there as part of the contract of sale and it was only the buyers or their nominees that should have arranged for the transport of the goods after taking actual delivery ..... be an obligation, whether of the seller or the buyer, to transport the goods outside the state and it may arise by reasons of statute, contract between the parties, or from mutual understanding or agreement between them or even from the nature of the transaction which linked the sale to such transportation ..... state of madras v. bramhappa tavanappanavar (mysore) private ltd., madras-21 [1974] 33 stc 601, wherein this court has held that though the relevant contract of sale was not produced, the invoices and other correspondence and the c forms would indicate that the assessee had collected the sale price by sending .....

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