Court : Rajasthan
Decided on : Mar-12-1984
Reported in : AIR1984Raj107; 1984()WLN141
..... the firm having any right and the bank being subject to any corresponding obligation not to sell the goods. section 176. contract act confers a right on the bank as a pawnee, to sell the pledged goods after giving notice to the pawnor. it is admitted in the plaint that notice as contemplated ..... the plaint discloses no cause of action either for the grant of the relief of perpetual injunction against the bank or for the specific performance of any contract. section 38. specific relief act. 1963, lays down, inter alia, that perpetual injunction may be granted to prevent the breach of an obligation existing ..... caused by coercion and undue influence. the firm is then seeking to specifically enforce what counsel describes as a variation in the terms of the original contract. it is alleged, that in the course of mutual discussion between the parties and their solicitors on oct. 29, 1982, the representatives of the ..... the goods to the plaintiff at the rate of rs. 6350/- per metric tonne including import duty and miscellaneous charges', and from committing breach of contract in any other manner, ignoring the diversionary verbiage, snarl words and irrelevant 'facts which constitute the bulk of the 60 pages of the plaint, the ..... by section 176 contract act had already been served by the bank on the firm before the institution of this suit. .....Tag this Judgment!
Court : Allahabad
Decided on : May-14-1984
Reported in : AIR1984All288
..... and stamp duty. the appeal did not relate to registration charges and stamp duty. it was directed against the decree for specific performance of the contract. such an appeal could be filed even from the original decree which remained unaffected by the amendment made in the decree. the judgment itself ..... to obtain a decree for specific performance of the contract in his favour by payment of rs. 13,000 to the defendant towards the sale consideration of the property in suit. the court further ..... sale consideration but the defendant failed to appear there; that he was and had ever been ready and willing to perform his part of the contract; that the defendant illegally refrained from executing the sale-deed in favour of the plaintiff; and that the plaintiff in the circumstances was entitled ..... obtained the sale-deed in his favour within the time stipulated therein but he was not ready and willing to perform his part of the contract and hence the sale-deed could not be executed in his favour; that the plaintiff obtained further extension of time under the subsequent agreements, ..... act no. 45 of 1972) extended the restriction till 31-1-1973. under the various legislations that followed, the position enuring as regards the present contract was that the sale deed could be executed with the permission of the competent authority nominated in that behalf. the defendant-appellant, however, did not obtain .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT
Decided on : Dec-31-1984
Reported in : (1985)13ITD8(Bang.)
..... business....thus, it was held therein that the mere fact that a businessman had not been able to obtain a contract and the business had for some time been dormant would not mean that it has ceased to exist if the assessee continues to maintain the establishment and incurred expenses on ..... what manner he must carry on his work to gain success is primarily his own concern. the mere fact that for some time he is not able to secure a contract or do the work which he set out to do should not disqualify him from pleading that the expenditure that he had incurred was expended for the purposes of his ..... concern may still be a going concern though it may, for some time, be quiet and dormant. the mere fact that a businessman has not been able to obtain a contract and the business has for some time been, in that sense, dormant would not mean that it has ceased to exist if the assessee continues to maintain an establishment and ..... . in inderchand hari ram v. cit  23 itr 437, the allahabad high court held as under : ... a company may not obtain or be able to execute a single business contract for months and yet it may be deemed to carry on its business if during the period of lull and inactivity it is kept alive, retains its registered office and .....Tag this Judgment!
Court : Kerala
Decided on : Aug-31-1984
Reported in : AIR1985Ker49
..... hand, tender concern for him should not be carried so far as to penalise the plaintiff. fairness forbids requiring too much, of him. after all, defendant did make the contract and did commit the breach which bore the controversy. sensitive to these conflicting equities, the courts adopt a compromise -- the requirement of reasonable certainty. this standard requires plaintiff to ..... profits. if he satisfied the general standards enabling him a decree for damages, namely reasonable certainty and mitigation - he will succeed. otherwise, he will not. the breach of contract prevents his gains and thereby he sustains loss. in other words, gains prevented qualify as loss sustained. we think no special rules apply to loss of profits. claims for ..... following statement of the rule. the defendant is liable only for reasonably foreseeable losses -- those that a normally prudent person, standing in his place possessing his information when contracting would have had reason to foresee as probable consequences of future breach.13. the problem is how to apply this criterion in a case of prospective profits and consequential losses ..... as follows : --the defendant is liable only for 'natural and proximate consequences of a breach or those consequences which were in the parties' contemplation at the time of contract.' the above quoted phrases are words of article and usually represent two ways of expressing a single requirement. proximate and natural consequences are those that flow directly or closely .....Tag this Judgment!
Court : Chennai
Decided on : Jun-12-1984
Reported in : AIR1986Mad156
..... that the agreement stipulated a period of four months for completion of the transaction. therefore, only with a view to avoid his liability under the contract such a condition had come to be incorporated as stated above after the execution of the document. in such a case, no doubt this cannot ..... there a material alteration of ex. a1 so as to prejudice the rights of parties? (2) was the plaintiff always ready and willing to perform the contract? (3) can the denial of equitable relief to the plaintiff be upheld? (4) is the second defendant a bona fide purchaser for value without notice of ..... not necessary that he must have the money ready at all material times. it is enough if he expressed unequivocally readiness and willingness to perform the contract. therefore, to read something more in ex. a3 as was done by the court below is incorrect. to deny the equitable relief of specific performance ..... ? (2) was there an agreement to deliver khas possession as contended by the plaintiff? (3) was plaintiff ready and willing to perform his part of the contract? (4) was the first defendant in default in this regard? (5) whether the second defendant is a bona fide transferee for value without notice? (6) ..... the suit. agreement regarding evicting the fourth defendant and executing the sale. the plaintiff was never ready and willing to perform his part of the contract. in any event the suit came to be filed as aforesaid for the the second defendant was a bona fide purchaser for value without notice of .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-15-1984
Reported in : AIR1985Bom186; 1984(2)BomCR261; 1984MhLJ690
..... in the highest degree unlikely that the intention would have been that the clause of liquidated damages will not come into operation till the entire contract has been broken.7. as regards the second point, except the word of the solitary witness sohanlal kapoor of industrial oxygen that---' if cylinders ..... three weeks' period is not a measure of liquidated damages. to attract the provisions of section 74 it is not necessary that the entire contract should come to an end; the breach of each term thereof can be visualised in advance and taken care of by providing an adequate clause ..... 23rd september 1969 (exhibit 32). the relevant portion, as respects the return of the cylinders, reads :--'since you have unilaterally terminated the contract for bulk supply and you are therefore not entitled to retain or detain our cylinders supplied with hydrogen has any longer. you are requested to return ..... delivery schedule of supplying 3256 cubic metres by 13th september 1969, inasmuch as, only 1592.45 cubic metres were supplied. the purchaser terminated the contract, and the consequence of this termination do not form the subject matter of the present suit. according to the supplier, he wrote a letter on ..... plant at hyderabad ('indian drugs') on the question of supply of hydrogen gas and vide letter dated 24th /27th june 1969 (exhibit 40) a contract was entered into between the parties for the supply of 7500 cubic metres of hydrogen gas in returnable cylinders. a schedule of delivery was drawn up .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-02-1984
Reported in : AIR1984All174
..... according to settled principles. the section undoubtedly says that the aggrieved party is entitled to receive compensation from the party who has broken the contract whether or not actual damage or loss is proved to have been caused by the breach. thereby it merely dispenses with proof of 'actual ..... as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation ..... concerned being retired (sic) directly. all these are pointers strongly in the direction, in my view, that time was not the essence of the contract and the observation made by the trial court to the contrary is without substantial basis. the material fact remains, however, that despite the extension ..... no cross-appeal or cross-objection has been filed for the defendants, 6. controversy does not exist with respect to the essential terms of the contract entered into between the parties dated sept. 18, 1969. the defendant no. 1 submitted quotation in response to the invitation from the plaintiff. the ..... ltd. bombay. despite the plaintiff having agreed to take the supply beyond the stipulated period, the defendant no. 1 failed to fulfil his part of contract. in oct. 1970 the plaintiff made purchases of 300 brass tubes from another concern, namely, m/s. prem engineering works, meerut. the price .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-20-1984
Reported in : ILR1984KAR1320; 1985(1)KarLJ12; (1985)IILLJ41Kant
..... of service mentioned in statute 151 have proprio vigore no force of law. they become terms and conditions of service only by virtue of their being incorporated in the contract. without the contract, they have no vitality and can confer no legal rights. 12. whereas in the case of prabhakar ramakrishna joth v. a. l. pande (supra), the terms and ..... 1) the rules framed under the university act regulating the conditions of service have statutory force. (2) it confers legal rights on the teachers. (3) notwithstanding the fact that a contract of appointment was entered into, if provisions relating to security of tenure which are part and parcel of conditions of service of teachers, have statutory force, they are enforceable. (4 ..... appointments for a specified time even in respect of permanent posts and that the fact that the service regulations of the college which have no statutory force provided for contract appointments against posts sanctioned for a limited period only and permanent appointment against permanent posts, could not constitute the basis for saying that the contractual tenure of appointment of ..... that all teachers in the constituent colleges now affiliated colleges are appointed only on permanent basis. if a constituent college/affiliated college, however, wants to appoint any teacher on contract basis, the prior approval of the university shall be obtained as regards the terms of college and the teacher/affiliated concerned as per ordinance 38 of the bangalore university .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-10-1984
Reported in : AIR1986Cal263
..... damages may be recoverable, or to recover the money paid where the consideration for the payment of it has failed.' (2) in the absence of a contract to the contrary, the court may award interest at such rate as it thinks fit on the amount of the price (a) to the seller in ..... the letter thereto no rate of interest was specified by the plaintiff. he admitted that no rate of interest was mentioned in the said letters. the contract which was lendered by consent of the parties and marked exhibit '3' did not mention any rate of interest payable by the supplier in the event ..... rate of 21% under the sale of goods act from february 26, 1979 till the date of payment. the said money was refundable inasmuch as the contract became impossible of performance. the defendant admitted and/or acknowledged its liability to refund the said sum of rs. 5,71,094/- but denied and disputed ..... the plaintiff, whereunder it was agreed that the property in the goods exported would pass to the plaintiff. on 7th february, 1979 the plaintiff entered into a contract with the defendant no. 5 jhonson matthoy bankers ltd., a company incorporated under the appropriate laws of united kingdom and carrying the business at no. 5, lloyds ..... partners for recovery of a sum of rs. 5.71.094/- together with interest and cost.2. it was the plaintiff's case that under a contract dated 13th july. 1977 made between (he plaintiff and defendant as the suppliers, the defendants agreed to sell as dealer of silver and bullions on various .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-06-1984
Reported in : 1988(34)ELT605(Guj)
..... mills to prove any loss or injury. now, in this case also, the question of loss or injury while claiming restitution under section 72 of the contract act was not raised. since the question was not raised, the supreme court has not expressed any opinion thereon. we, therefore, find ourselves unable ..... of the sale of goods act, 1930. this section reads as follows :- '64a. (1) unless a different intention appears from the terms of the contract, in the event of any tax of the nature described in sub-section (2) being imposed, increased, decreased or remitted in respect of any goods without ..... law of restitution', americal law institute, 1937 ean. p. 634). the appellant did not produce sufficient evidence to show to what extent he worked the contract and what was the profit made by him in the year 1951 and the succeeding years. in the absence of reliable evidence on this point the ..... : 'applying the principles to the present case, it is manifest that the appellant would have been entitled to compensation under section 70 of the indian contract act if he had adduced evidence in support of his claim, but the trial court has examined the evidence on this point and reached the conclusion ..... he could not be entitled to restitution. in out opinion, therefore, in order to succeed in an action for restitution under section 72 of the contract act it is absolutely essential for the person claiming restitution to establish ownership loss or injury. 19. in this connection we may with advantage refer to .....Tag this Judgment!