Court : Andhra Pradesh
Reported in : AIR1959AP370
..... , had been that the plaintiff should see that the sale was settled in favour of the defendant even for less price though better prices were offered by others, it was held that the contract to pay commission to the plaintiff was unenforceable in view of illustration (j) to section 23 of the contract act.the decision of the patna high court in 'shiv saran v. ..... the learned advocate-general referred to illustrations (f) and (j) to section 23 of the contract act as having a bearing on this question, and they are as follows:'(f) a promises to obtain for b an employment in the public service, and b promises to pay 1,000/- rupees to ..... is no doubt true that the objection based on section 23 of the indian contract act was not raised in the written statement. ..... 219 of the indian contract act merely lays down that 'in the absence of any special contract, payment for the performance of any act is not due to the agent until the completion of such act. ..... executed in favour of the respondent himself, who was the appellant's vakil and it is therefore vitiated by undue influence and unenforceable and (4) that the real consideration for it is unlawful within the meaning of section 23 of the contract act and it is therefore void.7. ..... not an agreement on the part of any individual to exert or exercise influence on another occupying a fiduciary position such as a managing director of a company and to receive excessive consideration immoral within the meaning of section 23 of the indian contract act? .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP551
..... in property and could therefore be revoked only under the conditions to be found in the easements act relating to licences.it is maintained that it was not competent tor the 1st defendant to cancel the contract before the expiry of the period stipulated, namely, ten years unless it falls under one or other of tho clauses of section 62 of the easements act, and even otherwise the causes assigned for putting; an end to the transaction are unreal and ..... in sanjivarao's indian contract act (4th edition) the following passage occurred at page 334; 'but a promise to continue business so long as it is profitable or to continue an arrangement so long as one patty shall 'handle it satisfactorily to the other' has been held ..... trial judge thought that the 2nd defendant brought about a breach of contract with a view to benefit the 3rd defendant company in which he had financial interest and that these defendants acted in concert in terminating the contract and consequently the plaintiff had a cause of action against all or either ..... it was therein stated that if people acted in combination with each other for the purpose of promoting their legitimate interests, the combination would not be unlawful if the means employed were neither criminal nor tor-tious in themselves.in the light of this proposition, the act of the defendants in terminating the contract would not be actionable if their purpose was to advance the interests of the 3rd defendant, as found by the trial court, if the cancellation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(4)ALD220; 2004(4)ALT587; 2004(3)ARBLR34(AP)
..... ,) either from the provisions of the co-operative societies act or under the indian contract act, the president of the society cannot escape his liability from reimbursing the corporation for the stocks of sugar that were found missing in the ..... considering the scope of section 74 of the indian contract act, their lordships of the supreme court having surveyed the case law, summarised the position in paragraph 68 of the judgment, which ..... the notice of the court that under section 74 of indian contract act, the court is bound to award reasonable compensation not exceeding the amount specified in the contract, but not to the maximum compensation fixed in the contract.36. ..... under section 213 of indian contract act, an agent is bound to render proper accounts to ..... to the tribunal, which held that the strikes affecting the supply of raw material to the claimant are not within the definition of 'force majeure' in the contract between the parties, and hence, on that ground, it cannot be said that the amount of liquidated damages was wrongfully withheld by the appellant. ..... are clear and unambiguous stipulating the liquidated damages in case of the breach of the contract unless it is held that such estimate of damages/ compensation is unreasonable or is by way of penalty, party who has committed the breach is required to pay such compensation and that is what is provided in section 73 of the contract act. ..... be allowed to be taken by the president in the light of section 213 of the contract act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP17
..... an agent's lien on the principal's property within the meaning of section 221 of the contract act. ..... we are also referred to a passage in howstead on 'agency' (12th edition) at page 172, article 76, which reads thus:'where an agent, by contracting personally, renders himself personally liable for the price of goods brought on behalf of his principal, the property in the goods as between the principal and agent, vests in the agent, and does not ..... the circumstances of the present case place it beyond the region of doubt that the plaintiffs herein acted as agents in the transaction of purchase and booking of goods and money lender of the defendant and what they wanted to reserve for themselves in sending ..... the learned judges came to the conclusion that the plaintiffs therein acted in a dual capacity: they acted as commission agents for the purchaser and as money lenders they advanced the money for paying the goods purchased and that they were therefore entitled to the commission and also the ..... draft or hundi for the money advanced by him can be deemed to have intended that the property in the goods should not pass must depend upon the terms and nature of the contract, the surrounding circumstances, including any binding custom. ..... it is argued that since the agent, under the contract of purchase, rendered himself personally liable for the price of the goods to the mill, and thereafter got the goods consigned to the destination showing the consignee as themselves and not the defendant, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1981AP153
..... balkishan dass, : [1964]1scr515 the supreme court while construing section 74 of the indian contract act, held :'section 74 of the indian contract act is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the nature of ..... the right to claim liquidated damages is enforceable under section 74 of the contract act and where such a right is found to exist no question of ascertaining damages really ..... fact, in this very decision, it has been held:'section 126 of the act (contract act), which defines a contract of guarantee though it does not say expressly that the debtor should be a party to the contract clearly implies, in my opinion, that there should be three parties to it namely, the surety, the principal debtor and the creditor; otherwise it will only be a contract of indemnity. ..... this gives rise to the contract of indemnity, whereas section 126 of the contract act gives rise to a contract of guarantee wherein three persons are ..... of india, : [1970]1scr928 it has been held that the expression 'whether or not actual damage or loss is proved to have been caused thereby' (occurring in section 74 of the indian contract act) is intended to cover different classes of contracts which come before the courts. ..... under section 124 of the contract act, no doubt the contract is bilateral as only two parties are involved, namely, the promisor and the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP72
..... but there should be material on which the court is satisfied that undue influence as defined in section 16(1) of the contract act has been exercised.it is necessary that not only such relationship should be found to be subsisting between the parties as to leap-to the inference that one party is in a position to dominate the will of the other but it is also ..... will of another is attracted only where the person in sooth holds an authority, real or apparent, over the other or where there is a fiduciary relationship subsisting between the two or where the person with whom the contract is made is in a poor state of mental condition, temporary or permanent, by reason of age, illness or mental or bodily affliction as a result of which he is not in a position to understand the real nature of the transaction or exercise his free ..... it is however necessary that the conditions of section 16 of the indian contract act should be satisfied before it may be held that the transactions are a product of ..... the learned judges referred to the principle of equity and observed that the court of equity imposes upon the grantee the burden, if he wishes to maintain the contract or gift of proving that in fact he exerted no influence for the purpose of obtaining it and that this rule of equity is not restricted to cases where strictly or technically fiduciary relationship is established but extends to other cases ..... in this sub-section shall affect the provisions of section 111 of the indian evidence act, 1872. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP30
..... 345 (t) was that a refusal' by the buyer to accept in advance of the arrival of the cargo he had agreed to purchase was not necessarily a breach of contract, but that, if unretracted down to the time when the delivery was to be made, it showed a continuing refusal, dispensing the seller from the necessity of making tender ..... ' held, in an action against a for not accepting the wheat, that the proper measure of damages was the difference between the contract price and the market price on the day when the wheat was tendered to him for acceptance at birmingham and refused; and not on the day when the notice was received by the ..... other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the rights of disposal, he is deemed to have unconditionally appropriated the goods to the contract,'section 25(1) is as follows :''where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. ..... it is therefore clear from his evidence which i accept, that the subject-matter of the contract was not specified goods as defined in section 2(14) of the indian sale of goods act, hereinafter referred to as the act.according to the definition, 'specific goods' means goods identified and agreed upon at the time a contract of sale is made. ..... knight, (1872) 7 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1966AP104
..... under section 19a of the contract act, when consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the parry whose consent was so caused. ..... clearly the presumption under section 16(3) of the contract act is far from having been rebutted. ..... thus the facts give rise to the presumption under section 16(3) of the contract act. ..... the doctrine of undue influence is enunciated in section 16 of the contract act. ..... 698 to 700 to be (1) whether the transaction is a righteous transaction, that is, whether is a thing which is a right-minded person might be expected to do; (2) whether it was an improvident act, that is to say, whether it shows so much improvidence as to suggest the idea that the donor was not master of himself and not in a state of mind to weigh what he was doing; (3) whether it was a matter requiring a legal adviser ..... under the second paragraph of section 126 of the transfer of property act, a gift may be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. ..... i have no hesitation in agreeing therefore with the lower court that exhibit a-1 was induced by undue influence and that the cancellation thereof by the 1st defendant is valid under section 126 of the transfer of property act.9. ..... but he found that exhibit a-1 was vitiated by undue influence and that the cancellation thereof under exhibit a-2 was therefore valid under section 126 of the transfer of property act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1986AP120
..... 70 of the contract act cannot be invoked on the theories of implied promise, money had and received, quasi-contract and just and reasonable or unjust enrichment or any other ..... of the contract act is not ..... of the contract act cannot be ..... in most cases the date is very material in calculating the date of the performance of the contract and more often fixing the period of limitation within which the plaintiff will have to institute the suit on the foot of such ..... if the instrument embodies all the terms of the contract and the instrument is improperly stamped, no suit on the debt ..... 35 of the stamp act, provided there is an allegation in the plaint and proof in evidence about the fact that the promissory note did not incorporate all the terms of the contract of loan and that it was executed as a conditional payment or a ..... such a case, where there is an express contract and the document is hit by the provisions of ..... for the appellant is two fold - one is that the consideration under the pro-note cannot be said to have passed on, and if once it is so established, then it will be contrary to section 118 of the negotiable instruments act; the second is that the date on pro-note, ex.a. ..... of the negotiable instruments act, then the plea under ..... and 118 of the negotiable instruments act, read as under :'sec. ..... stamp act and ..... act and ..... appeal for the first time, a contention was raised stating that inasmuch is the pro-note is materially altered, it is hit by section 87 of the negotiable instruments act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1967AP83
..... on appeal the learned judge set out s.23 oif the contract act and observed that unlawful intention was not to be presumed by the law, nor was nay man expected to presume ..... the learned district munsif held that though the promissory note was supported by consideration, the purpose of the borrowing was unlawful within the meaning of s.23 of the contract act and in that view he dismissed the suit. ..... a minor, and that it could not, therefore, be said that his object in lending the amount was unlawful or that the provisions of the act were intended to be said that his object in lending the amount was unlawful or that the provisions of the act were intended to be contrabvened, and that further the 1st defendant had not also deposed that eigher the lender or the plaintiff was aware of the ..... contract act. ..... contract act ..... that if a contract could on the fact of it, be lawfully performed, the existence of an undisclosed intention by one party to perform it unlawfully or use it as part of an unlawful scheme, would not disable the other party from enforcing it.the learned judge went on to observe that the question as to whether the pklaintiff had knowledge of the intention on the part of the defendants to perform the marriage contrary to the provisions of the child marriage restraint act, was a ..... contention was advanced that sitharamamma, for whose marriage the debt was contracted, was a minor aged 12 years and that the borrowing contravened the provisiions of the child marriage restraint act. .....
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