Court : Kerala
Decided on : Mar-01-1991
Reported in : AIR1991Ker388
..... pawnor and the same will revert to him on discharge of the debt. in case of default by a pawnor to repay the amount borrowed, the pawnee has three rights under section 176 of the indian contract act. they are: (1) he may bring a suit upon the debt, (2) he may retain the pawn as a collateral security, and (3) he ..... pledged upon tender of the amount due. but that right would be lost if the pawnee has in the meanwhile lawfully sold the properties pledged after notice to the pawnor. a contract of pawn thus carries with it an implication that the security is available to the pawnee to satisfy the debt by the sale of the articles pledged. at the same time ..... in sections 172 - 176 of the contract act. after referring to the relevant provisions contained in these sections the supreme court held thus (at page 1325):'so long, however, the sale does not take place the pawnor is entitled to redeem the goods on payment of the debt. it follows, therefore, that where a pawnee files a suit for recovery of debt ..... the pawnor has a right to get the property redeemed from the pledge until a sale had taken place. after the pawnee exercises his right and sells .....Tag this Judgment!
Court : Orissa
Decided on : Jun-24-1991
Reported in : AIR1992Ori161; 80CompCas57(Orissa)
..... retain the goods pledged and the pawner in such a case would be placed in a position where he incurs a greater liability than he bargained for under the contract of pledge. the pawnee, therefore, can sue on the debt retaining the pledged goods as collateral security. if the debt is paid he has to return the goods with or without the ..... , that the precondition of verification of genuineness of pledged articles imposed, preventing the plaintiff from recovering the amounts due to it is against the rights of the pawnee recognised under section 176 of contract act and this is an aspect which is foreign to the nature of the suits, and it is left to be considered in appropriate proceedings which would be ..... , and all necessary expenses incurred by him in respect of the possession or for the preservation of goods pledged. in section 174 it is laid down that the pawnee shall not, in the absence of a contract to that effect, retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged; but such ..... rights and liability of the parties are governed by the provisions in sections 172 to 179 of the indian contract act, 1872. section 172 defines the terms 'pledge', 'pawner' and 'pawnee'. section 173 lays down that the pawnee may retain the goods pledged, not only for a payment of the debt or the performance of the promise, but for the interest of the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-10-1991
Reported in : AIR1991Delhi278
..... defendant had at any time required the plaintiff bank to dispose of the pledged goods and the plaintiff bank had neglected to do so. section 176 of the contract act which deals with pawnee's right where the pawner makes default lays down that if the pawner makes default in payment of the debt or performance at the stipulated time of the ..... possession of the pledged goods from the plaintiff' bank before the pledged goods were sold during the pendency of the suit. that is clearly provided in s.177 of the contract act. hence, i hold that the interest has been rightly calculated according to the rate agreed upon between the parties and amount in the suit was due at the time ..... doubt whether the defendant as pawner could force the plaintiff to sell the pledged goods without defendant clearing the debt. in view of the provisions of section 176 of the contract act, there remains no doubt about the legal proposition that it is in the discretion of the plaintiff bank to have filed the suit for recovery of the debt and ..... promise in respect of which goods were pledge the pawnee may bring the suit against the pawner upon the debtor promise and retain the goods pledged as a collateral security or he may sell the things pledged on giving the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-30-1991
Reported in : ILR1992Delhi358
..... through contractors for doing work inside the premises of the primary employer, known to researchers of the international labour organisation and other such organisations, as labour only contracting' or inside contracting system, has been termed as an archaic system and a relic of the early phase of capitalist production. which is now showing signs of revival in the ..... with respect to establishments generally or with respect to any class of them. make an application to the registering officer in the prescribed manner for registration of the establishment, contract labour, two conditions should be satisfied, viz., not only the principal employer but also the contractor should possess the requisite license. in other words, the holding of ..... have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as - (a) whether the process, operation or other work is incidental to, or necessary for the industry, trade.. ..... the appropriate government may, after consultation with the central board or, as the case may be, a state board, prohibit, by notification in the official gazette, employment of contract labour in any process, operation or other work in any establishment. (2) before issuing any notification under subsection (1) in relation to an establishment, the appropriate government shall .....Tag this Judgment!
Court : Delhi
Decided on : Sep-17-1991
Reported in : ILR1992Delhi540
..... until they got clear possession of their respective shares in the completed commercial multistoreyed building.(31) the aforesaid clause in the agreement, thereforee, completely negatives the concept of a building contract invoked on behalf of the defendants.(32) learned counsel for the defendants, relied upon some more authorities. 'the case of the state of madras v. m/s. gannon dunkerley ..... authority is of no help to the defendants. regarding the 4th contention, the question of accretion in this case will not arise. it is only under the contract between the parties that the plaintiff is to raise a multistoreyed building entirely with its own funds arid in its absolute discretion without any interference or interruption by the defendants ..... duly registered, would, operate as a conveyance of such interest. once a documrnt transfering immovable property has been registered, transaction passes out of the domain of a mere contract into one of a conveyance. such completed transaction is governed by the provisions of transfer of property act and so much of the coatract act as are applicable thereto.' this ..... in possession of the property.(9) moreover, the agreement in question is stated to be incomplete, inchoate and so the court should decline to grant specific performance of building contract involving continuous duty. it is also stated to be indefinite and imprecise, contingent and 'impossible of performance. the plaintiff is also alleged to have continued to prosecute suit no .....Tag this Judgment!
Court : Kolkata
Decided on : May-30-1991
Reported in : AIR1991Cal350,(1991)2CALLT164(HC)
..... 1,3,4 and 14 respectively and requested the respondent to arrange for immediate remittance of the full value. in view of the terms of the contract, contract by and between the appellant and the respondent was concluded on the 15th april, 1974. the petitioner, thereafter, by a letter dated april 19 ..... the respondent would clearly show that as soon as the appellant intimated about the acceptance of the offer of the respondent there was a concluded contract between the parties. it is also submitted that the contention raised by the respondent that when the respondent offered to purchase 14 items of ..... allowed to continue.8. before us a supplementary affidavit has been filed annexing certain documents in support of the plea that there was noconcluded contract between the parties and that the letter dated 15th april, 1974 was nothing but a counter-offer. an affidavit-in-opposition has been filed ..... -offer which the respondent did not accept by signing the duplicate copy and forwarding the same to the appellant and consequently there was no concluded contract between the parties. it is, therefore, contended that the ld. trial judge has exercised his discretion properly by refusing to stay the suit ..... the present respondent contested the said application contending, inter alia, that there was no concluded agreement between the parties that the terms of the contract was vague and unenfoceable and that the appellant's letter dated april 19,1974 was by way of a counter-offer which the respondent did .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-21-1991
Reported in : 1992(0)MPLJ623
..... appellants are bona fide purchasers without notice.13. in this case the learned trial court found that the defendants/purchasers had no notice of earlier contract. the possession recorded in the khasra record was also not accepted. the entry in the annual village paper was made after purchase by the ..... such main point of consideration in this case is as to whether the appellants are bona fide purchasers without notice. the fact of validity of contract, binding nature of it and payment of consideration, have been discussed by the two courts below, those findings can be disturbed only if they ..... : -(i) whether on correct interpretation of agreement ex.p-1, time was an essence of the contract?(ii) whether on evidence on record and with the finding of the trial court, the finding of lower appellate court that the appellants are not bona ..... first appellate court held that defendants nos. 2 and 3, subsequent purchasers, had notice of prior agreement and, therefore, the decree for specific performance of contract of sale of suit land, was granted. hence this second appeal.6. the appeal had been admitted for hearing parties on following substantial questions of law ..... receipt of rs. 3,000/- from the plaintiff and further found that the defendants nos. 2 and 3 (appellants here) had no notice of prior contract, and they are bona fide purchasers without notice. as such decree for return of rs. 3,000/- was granted against the defendant no. 1 .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Feb-07-1991
Reported in : (1991)37ITD447(Mum.)
..... 1987-88 and 1989-90 respectively. in respect of the third, up to assessment year 1989-90, the issue was pending finality and in respect of the fourth contract, the contract itself got frustrated. on the basis of the concept of real income and the scope of total income within the meaning of section 5, the method of accounting becomes ..... departmental representative who addressed us at length and exhaustively reading .from the assessment order, the order of the learned first appellate authority and the case law pleaded that all contracts have to be taken as different projects and income/expenditure assessed in respect of each separately on a definite method of accounting. concludingly, he justified the orders of ..... completed - 6-10-1986amount billed/date - -amount received - -remarks - work started in - assessment year 1987-88 - was pending till - assessment year 1989-90.(4) cherry chentak - surveydate of contract - 15-2-1985time allowed - 2 monthsworkstarted - 19-4-1985work stopped - 7-6-1985amount billed/date - -amount received - -remarks - whether conditions prevented resumption he has, in the context of above ..... assessee has forcefully contended that there was no material with the learned lower authorities to have apportioned/allocated the expenditure as has been done by them inasmuch as the contracts entered into by the assessee were for services whether these are salvage services or maritime maintenance services, the services remain the same and all these services are the integral .....Tag this Judgment!
Court : Delhi
Decided on : Apr-22-1991
Reported in : AIR1992Delhi305
..... obtaining any occupancy certificate the building could not be occupied. however, this court in municipal corporation of delhi v. piyush traders ltd. 1988 raj lr 651, has held that the contract of letting does not become void even if no occupancy certificate had been obtained. the question, which came up for consideration before the court, was whether the rental being obtained ..... irr hand as follows:'received subject to finalisation of lease deed as per our terms and conditions.'10. the contention raised before rile is that these documents constitute a concluded contract. counsel for the defendant has vehemently argued that all the important terms of the lease as contemplated u/ s. 105 of the transfer of property act stood agreed upon and ..... without obtaining the occupancy certificate from the dda. it is denied that the defendant had suffered any damages on account of premises remaining vacant. it is controverter that any concluded contract had been made between the parties or the sum of rs. 1,00,000/- was paid as advance and not as token money. defendant also filed replication reiterating its pleas ..... without any occupancy certificates. it is pleaded that the plaintiff as an afterthought was raising objections regarding the completion certificate and occupancy certificate in order to wriggle out of the contract already made between the parties. it is further pleaded that the defendant had already given to the plaintiff a copy of the resolution of m/s. pawan builders private limited .....Tag this Judgment!
Court : Delhi
Decided on : Apr-16-1991
Reported in : 1991(2)ARBLR378(Delhi); 44(1991)DLT744
..... amounts involved in these to suits to the plaintiff. thus, once it is held that the defendant was justified in withholding the amounts due to the plaintiff under the two contracts, further question of the plaintiff having received the amounts in full and final settlement of its claim would not arise for any further consideration. nevertheless the trial court was right ..... as when in the written statement reference was made to these two clauses, in the replications the plaintiff did not deny the existence of these clauses as applicable to the contract between the parties and the only plea raised was that these clauses were unconscionable and were against public policy. no issue has been framed if these clauses contained conditions which ..... hearing the arguments the trial court pronounced judgments decreeing both the suits. main controversy between the parties revolves around clauses 52 and 52-a of the general conditions of contract applicable to the contracts between the parties these-conditions which have been duly set out in the written statement are : 52.withholdingand lien in respect of sums claimed whenever any claim or ..... heard in the suits counsel for ihe plaintiff made a statement that he had instructions that arbitration proceedings between the parties were still going on with respect ' to the third contract and that the suits might be stayed sine die. this was on november 25, 1985. both the suits were accordingly stayed. after the conclusion of the proceedings relating to .....Tag this Judgment!