Court : Andhra Pradesh
Reported in : AIR1997AP257; 1997(3)ALT649
..... even assuming that the property in the hardwood did not pass to the petitioner for the reason that there was no appropriation of the goods to the contract and there was no 'reversion' to the department, still there is no legal bar for the operation of the clause that the material shall be sold in public auction at the ..... of the petitioner that the company is sought to be saddled with a liability on the basis of an inconclusive contract and the respondents are bent upon realising the alleged dues under the revenue recovery act, we thought it just and proper to adjudicate whether the purported action is arbitrary, without the need to go into ..... as already observed by us, even assuming that the property did not pass and there was no occassion for resale, the clause in the contract which provides for auction of the goods at the risk and cost of the allottee can still come into play.the learned counsel for the petitioner also ..... the first and foremost contention raised by the learned counsel for the petitioner is that there was no concluded contract between the parties as there was neither specific nor implied acceptance of the terms and conditions stipulated by the forest department and therefore, the question of fastening ..... , we are of the view that the 4th respondent acted arbitrarily and unreasonably in allotting a further quantity of 14500 m3 when the petitioner already expressed its-inability to perform the contract unless sufficient time was granted for lifting the material after .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP271; 1997(3)ALT202
..... section 202 of the contract act, in the circumstances of the present case, therefore, has no ..... 202 of the indian contract act has no application to the ..... the indian contract act.10. ..... the undertaking in india of caltex (acquisition of shares of caltex oil refining (india) limited and the undertakings in india of caltex (india) limited) act, 1977 is not of much relevance to the instant case except that whatever rights, title and interest which caltex had stood vested in the central government including those in leases, and such rights ..... of the said dealership agreement, however, prescribes that except with the previous consent of the corporation, dealer (devasthanam) shall not enter into arrangement, contract or understanding whereby the operations of the dealer may be controlled or carried out by any other person. ..... the instant case, as already noticed, third respondent has subsequent to the said act entered into separate agreements in its own name with the 2nd respondent-devasthanam.9 ..... provides that where the agent has himself interest in the property which forms the subject matter of the agency, the agency cannot in the absence of an express contract be terminated to the prejudice of such interest. ..... formerly caltex india and after the nationalisation of petroleum companies, the 3rd respondent -- hindustan petroleum corporation limited (for short 'hpcl') as successor in interest is vested with all rights including those pertaining to contracts or leases obtaining with the caltex. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP312
..... a reading of the facts in the above decision will disclose that the contract was given to one of the respondents in that case, without cancelling the tender filed by the petitioner therein and others. ..... it is now well-settled that, unless and until the tender is accepted, no right will accrue to the tenderer regarding the contract covered by the tender. ..... section 148(3) of the hyderabad municipal corporations act 1955 empowers the corporation to sell the property moveable or immoveable belonging to the corporation only with the previous sanction of the government. ..... section 148 of the hyderabad municipal corporations act 1955 lays down --'the commissioner shall not lease, sell or otherwise dispose, of any moveable or immoveableproperty belonging to the corporation, without the previous sanction of the corporation and of the government'. ..... 148 of the hyderabad municipal corporations act 1955, in memo no. ..... acting on the same, the respondent-corporation cancelled the only tender filed by the petitioner. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP201
..... it has therefore to be recognised that although the hypothecation and mortgage of movables are not specifically mentioned in the contract act, but that act not being exhaustive law on the subject and as the abovesaid transactions have long been recognised as valid in india, these transactions will have to be given ..... therefore no hesitation in reaching the conclusion that the nature of the suit transaction is not that of a mortgage of movables, but is a pledge as defined in section 172 of the indian contract act and the present suit is instituted under section 177 of the indian contract act for the redemption of the pledge. ..... only under this principle that the hypothecation or mortgage of movable property, although not specifically provided in the contract act, are valid and a decree can be passed in enforcement of such transactions. ..... there must be a bailment of goods as defined in section 148 of the contract act, that is, delivery of goods; (2) the bailment must be by way of ..... the pledge as defined in section 172 of the indian contract act and the other is mortgage of immovable property as defined in section 58 of the transfer of property act. ..... 172 of the contract act defines 'pledge ..... sanjiva row on indian contract act, volume 2, p ..... property is not transferred, whereas in case of a pledge a special interest and not special property is transferred to the pledgee who is impliedly authorised to sell the goods pledged in case of default in accordance with the provisions of the contract act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1975AP113
..... . allahabad bank, : air1958cal644 'a notice communicating the decision of the bank to raise the rate of 'interest from a certain date may not amount to an express proposal within the meaning of section 2(a) of the contract act but it nevertheless contains an implied proposal to the effect that if the constituent wanted to keep alive his overdraft account with the bank or desired to take further advances from the bank it could be done only on, ..... charges to the account of the firm;(2) that the plaintiff is not entitled to claim the charges incurred by the bank towards watchman's salary;(3) that the interest claimed by the plaintiff is contrary to the terms of the contract entered into by the parties;(4) that the interest charged under the contract and claimed by the plaintiff in the suit, is usurious; and(5) that the lower court erred in awarding interest at 10 per cent. ..... . sarma, the learned counsel for the appellants that ex facie the rate of interest charged is excessive and under explanation (1) to section 3(1) of the usurious loans act a presumption arises that the transaction was substantially unfair and the court is bound to reopen the transaction and relieve the debtor of the liability to pay the excessive ..... regard to the debiting of watchhmans salary, it is contended by the learned counsel for the appellants that this claim is not covered by the terms of contract and therefore the plaintiff is not entitled to debit watchman's salary to the account of the defendants' firm. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1986AP3
..... of the contract act says that 'a contract by which one party promises to save the other from loss caused to him by the conduce of the promisor himself, or by the conduct of any other person is called a 'contract of indemnity ..... 126 of the contract act, is established in this case as the executant of the instrument is the surety and the owner of the vehicle is the principal debtor and the person to whom the guarantee is given is the creditor and hence it ..... the contract act. ..... and 2 (17) read as follows :-'2 (5) 'bond ' includes - (a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; (b) any instrument attested by a witness and not payable to order or bearer whereby a person obliges himself to pay money to another and. ..... there the court ruled that an agreement amounting to a contract must be entered into by the parties with the object of creating contractual relationship between themselves and this was impossible when the court ..... before us was executed in favour of district forest officer no doubt occasioned in pursuance of the order of the court and hence we see to analogy of the present case with the decided cases that there cannot be a contract in favour of a court as the court is not a judicial person and incapable of contracting as held in raghubir singh v. ..... of the state act) especially the words 'to secure the due performance of a contract'. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP465
..... the primary duly of a court of lawis to enforce a promise which the parties have made and to uphold the sanctity of contracts which form the basis of society, but in certain cases, the court may relieve them of their duty on a rule founded on what is called the public policy; ........ ..... it therefore follows that any agreementwhich is in conflict with the public good or publicpolicy in that respect is illegal and void.this very policy is reflected in section 5 of the act which mates the emoluments attached by the stale to certain offices inalienable and not liable to attachment. ..... it is not disputed that the suit to cancel the document under article 91 of the indian limitation act must be filed within three years when the facts entitling the plaintiff to have it cancelled became known to him ..... i have already stated that if the document was to have assigned the office or its remuneration in any manner, it would have not only violated section 5 of the act and section 6(f) of the transfer of property act, but it would have certainly violated the public policy. ..... not being a transfer therefore it is not prohibited under section 5 of the act as it does not prohibit the other service-holders from enjoying the emoluments nor it interferes in any way with the performance of the duties attached to the office ..... similarly section 6(f) of the transfer of property act enacts that a public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP331
..... endorsed over the railway receipts to the plaintiff, he had paid the bank of madras and obtained the railway receipts and was therefore the only person entitled to the goods, and remarked that the contract of carriage was thereafter at an end.the learned judge observed that the goods had found their way into the hands of the lawful owner, and therefore no one was prejudiced by the misdelivery and no injurious ..... under section 166 of the contract act, where the bailor has no title to the goods, the bailee is protected from the consequences of wrong delivery if he acts in good faith in delivering them back to or in accordance with the instructions of the bailor.when, to the knowledge of both the parties, the instructions are contained in a document, which is, besides, (according to well settled mercantile usage, not to ..... but we are not dealing now with a case of loss, destruction or deterioration of animals or goods.it is true however that the relevant provisions of the indian contract act as to contracts of bailment would apply to the carriage of goods by the railway authority, except in so far as they are altered or modified by the railways act. ..... krishnamurthy has referred us also to section 72 of the indian railways act which provides for the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to it for carriage in terms of specified sections of the contract act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP134; 1994(1)ALT241
..... ex.b.16 also is hit by section 25 of the indian contract act since it is an agreement without any consideration. ..... 25 of the indian contract act does not come into play on the ground of want of consideration. ..... 25 of the contract act on the ground of want of consideration.26. ..... the validity of such an agreement cannot be tested on the touch-stone of the provisions of the contract act. ..... the plea raised by the first defendant that as the plaintiff was aged more than 15 years at the time of adoption, he was not eligible to be taken in adoption by virtue of the prohibition contained in section 10(iv) of the act was rejected in view of the evidence that in the vysya community, there has been a custom allowing adoption of boys above the age of 15 years. ex. ..... judge expressed the opinion that the first defendant -- jupudi keshava rao -- after the death of his father, became the sole surviving coparcener of the joint family and the plaintiff, by virtue of section 12(c) of the act, could not divest the first defendant of the properties which were already vested in him before the adoption. ..... kala wanti : [1967]3scr687 , it was observed that by, making a provision in section 12(c):'...............the act has narrowed down therights of an adopted child as compared with the rights of a child born posthumously. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP258; [1992]75CompCas281(AP)
..... the correct way to look at the controversy arising in this case is not as to whether the petitioners have given up their fundamental rights available to them under the constitution by entering into a contract with the respondent banks but to see whether the respondent banks have right to claim set off of the amounts deposited in the current account by transferring them to the loan account in order to ..... contended that the relationship between the 1st petitioner and the respondent bank is that of a debtor and a creditor and the rights and obligations are governed by the contract executed between them and that no writ can lie against the respondents to prevent them from realising the debt due to them from the 1st petitioner. ..... of the port of bombay, : [1989]2scr751 , wherein it was held that all actions including contractual dealings of the statutory authorities are deemed to be subject to judicial review and if such a statutory authority has not acted in public interest or in a manner which is mala fide or arbitrary, then such proceedings can be interfered with under arts. ..... the question arising for consideration in this case is whether the respondents in any manner are acting in an illegal or an arbitrary manner or whether the action taken by them is mala fide or for a collateral purpose due to which it can be held that the action of transferring the amounts from the current account to the ..... a private limited company incorporated under the provisions of the companies act, 1956. .....
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