Court : Chennai
Reported in : AIR1974Mad305
..... any suit to recover the deposit as evidenced by ex. a-1, cannot be maintained in a place other than the courts in malayasia situate in penang.6. sections 46 to 50 to the indian contract act deal with the time and place of performance of contracts. reliance was placed upon section 47 which runs as follows-'when promise is to be performed on certain day, and the ..... promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such ..... . it is therefore clear that the first defendant as promisor did never exert himself to perform the contract at the alleged place at which the promise ought to be performed. he cannot therefore approbate and reprobate and call for his assistance section 47 of the contract act. surely under section 47 there is no legal obligation on the part of the promisee to seek ..... for performance of the contract at the place where the promisor ought to have performed the contract. it is open to him to avail himself of the common law and seek .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1960P& H98
..... , which, according to me, merits scrutiny, is that the notice, exhibit p. c. 1, was not a 'reasonable notice of the sale' under section 176 of the indian contract act in so far as the time and place of the sale were not mentioned. the notice has stated that in case payment was not made before 25th of november, 1947, the bank would send its ..... be accepted. in this connection another aspect of the case that has been argued is that the notice is bad under section 176 of the indian contract act because it does not give any intimation of the date, time and place of the intended sale, and thus it is not a notice of sale under that section. in kunj behari lal v. bhargava commercial bank ..... repetition or 'improve the graces of the style.'(49) furthermore, section 177 of the indian contract act enable the pawnor to redeem the goods pledged at any time before the actual sale. if under section 176 of the act a pawnee need not disclose to the pawnor the date, time and place of the sale, the benefit of section 177 will only be illusory. if section 176 ..... and 177 of the indian contract act were designed to serve the same purpose. in order that the pawnor may effectually take advantage of the provisions of section 177 for redeeming the goods pledged at any time before the actual sale of them, the giving to the pawnor of a 'reasonable notice of the sale' must ordinarily indicate date, time and place of the sale, unless .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1960Cal590
..... fixed by reference to their prevailing market price at the time and place of the breach of contract; it being assumed that the buyer could buy and sell the goods at that price. this rule is embodied in illustration (a) to section 73 of the indian contract act. that illustration shows that the buyer is entitled to receive ..... and sold on any other terms or conditions. he argued that in. view of the jute goods (export control) order rand with section 23 of the indian contract act, it would be illegal to buy and self jute goods f. o. b. calcutta for export to nigeria at a price in excess of the ceiling ..... price falls short of the price for which he might have obtained the goods of like quality at the time when the goods ought to have ..... by way of compensation the sum, if any, by which the contract ..... is the normal measure of damages. this principle applies when there is an available market for the goods of like quality at the time and place of the breach of contract. if there is no such market the value of the goods which the buyer has tost as a result of the non-performance .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1939Cal131
..... virtue of the provisions of the indian contract act, but by virtue of the agreement of the parties. it must be observed however that under section 38 the offer of performance must fulfil certain conditions. the second condition is as follows:it must be made at a proper time and place, and under such circumstances that the ..... of pre-possessions arising from familiarity with the english rules as to tender. it is true that the distinguished authors of pollock and mulla on the indian contract act at page 272 of edn. 6 state that a tender of money in payment must be made with an actual production of the money. for that ..... are entitled to rupees 90 over and above the amount paid into court. although a tender is not alleged and although the language of section 38, contract act, is not adopted in the written statement, the defence really is that the defendants on 15th august 1935 made an offer of performance to the ..... from the addressees. the passages which i have read are the offer on which the defendants rely as excusing them from the liability to perform the contract to repay with interest. i will assume for the purposes of the case that either the widow or the heirs did, on 15th august 1935, ..... the condition formulated in the section. i do not consider that the promisor can reasonably expect the promisee to attend at the promisor's residence or place of business for the purpose of satisfying himself that the promisor is both able and willing to carry into effect the offer he has made. .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1932Cal879,140Ind.Cas.877
..... , or the time and place for inspection had been passed, if the goods had some concealed defect ..... which could net have been discovered on inspection, then again the particular act of ownership will not be deemed to be acceptance. the question therefore in ..... the other considerations are as follows; these acts of ownership will not amount to acceptance, unless the buyers have had a reasonable opportunity for inspection, i. e., if the acts of ownership were exercised before the time and place for inspection had been [reached: see the english section 34 (1), not so clear in section 38, indian contract act. moreover even if the goods were inspected ..... that denomination.13. this section appears to combine the elements of section 13 and section 14 (2), english sale of goods act. but however this may be, in my opinion the law under the indian contract act is the same as the english law, and the indian contract act has now been amended by introducing the english sections, namely, section 13 of the english .....Tag this Judgment!
Court : Kerala
Reported in : AIR1995Ker99
..... duty of the lessee that he is bound at the proper time and place to pay the rent to the lessor. the purpose of the lease is to permit the lessee to enjoy the premises. it is a continuing contract and it is in view of the continuity, section 56 of the indian contract act is made applicable to lease. section 108(e) of the t ..... frustration of lease is now codified in the above section.12. in this connection, it is also worthwhile remember that when we apply the principle of section 56 of the indian contract act, it is not the intention of the parties that has to be considered, but it is the section and its application to the facts. it is not permissible for the ..... 56 of the indian contract act, and the same is substantially incorporated in section 108(e) of ..... .p. act is a specific provision, which deals with the substance of section .....Tag this Judgment!
Court : Chennai
Reported in : (1948)2MLJ559
..... the section. it requires that the offer to perform a promise should be unconditional, must be made at the proper time and place and must give a reasonable opportunity to ..... by that date the petitioner had still 15 days' time during which to make a further tender. the respondent kept quiet until after a later meeting sometime in april, 1947.6. section 38 of the indian contract act embodies the principles applicable to tender under the indian law. the word 'tender' does not occur in ..... to determine as between a landlord and a tenant whether the rent paid is a fair and reasonable one or not. the tribunal reduced the contract rent of five pounds a week to three pounds six shillings. certiorari was moved on the ground that the tribunal did not consider certain matters ..... reference is made to a contention of one party, that opens the door to seeing first what that contention is, and then going to the contract on which the parties' rights depend to see if that contention is sound.13. bearing these principles in mind we have no hesitation in ..... is want of jurisdiction arising from the nature of the subject or from the absence of some essential preliminary requisite. some times the jurisdiction of the inferior tribunal to act is dependant upon the establishment of some collateral fact and such tribunal or court by a wrong decision in respect of such .....Tag this Judgment!
Court : Mumbai
Reported in : (1907)9BOMLR903
..... fixed, section 49 would apply and exclude plaintiff's contention that the debtor must seek out the creditor and pay at his place of business. the indian contract act makes no provision for the place of performance when no time or place is fixed and when there is no provision to perform without application. but in such case, the ruling in bell & co. v. antwerp london and ..... is credited from that date. that his discharge is conditional on the hundi being honoured on presentation within due time in no way extends the obligations imposed. it is a necessary part of that obligation. (see pollock on section 50 of the indian contract act). his duty is to despatch the equivalent of a specific sum and that duty would not be discharged by ..... 49 when performance is to be without application. the last mentioned section substitues, as stated in pollock's indian contract act, a reasonable rule for the common law principle followed in the cases above cited and requires reference by the promissor to the promitee for the appointment of a reasonable place for performance. if performance is to be without application and neither day nor ..... an agent is under section 217 of the indian contract act, for expenses properly incurred by him in conducting such business, this, in my opinion, implies that his contract is to do a certain set of services for his constituent which can be performed consistently with the terms of his undertaking at the pakka adatyas own place of business. and in the absence of express .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1958MP295
..... the contention that time was not of the essence of the contract reliance is placed on the privy council decision in ilr 40 bom 289: (air 1915 pc 83) (b). the cases however where there is an option of repurchase of immovable property once sold form an exception to this equitable rule, as has been noted in pollock and mulla's indian contract act, 7th edition ..... , at page 302, and where a time limit has ..... been laid down in the agreement of repurchase and where there is no question of mutual obligation the exceptional provision for the seller's benefit must be exercised strictly within the time prescribed'.the following observations occurring in shanmugam pillai v. annalakshmi ..... time of payment. as the office of the registrar was closed on 1st july, 1949, the contract could not be performed on that date. we do not see any substance in this argument. there was nothing to prevent the plaintiffs from completing the execution of the deed of reconveyance and it could have been registered later under the provisions of the indian registration act .....Tag this Judgment!
Court : Chennai
Reported in : AIR1946Mad300; (1946)1MLJ11
..... proceeds within a particular time,' he means, unless he has qualified that statement by adding that he would pay at his own place, that he would pay and deliver at the place of the addressee or payee. but apart from this simple and natural way of looking at the thing, a specific provision is found in section 49 of the indian contract act that when a ..... promise is to be performed without application by the promisee and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable ..... find and pay the creditor, their lordships referred to section 49 of the indian contract act and commented that the debtor could not, by failing to perform the statutory duty of appointing a place for payment, better his position under the contract and say that the creditor must seek him out at bis place. some of the earlier decisions in india were thereafter examined one of ..... relationship is one of agency the place of payment has to be determined independently of any such general maxim with reference to the terms of the contract, the circumstances attending on it and the necessities of the case and having regard also to the statutory provisions contained in the civil procedure code and in section 49 of the indian contract act.12. i have adverted already to .....Tag this Judgment!