Court : Andhra Pradesh
Reported in : AIR1955AP148
..... instalment, that even if there was such a breach in respect of the 1st instalm,ent, the plaintiffs were not exonerated from carrying out their part of the contract in regard to the subsequent instalments and that on the evidence it was clear that the plaintiffs did not carry out their part by sending the barrels, paying the ..... contract act lays down the measure of damages tobe awarded when there is a breach of contract, section 73 says:'when a contract has been broken the party who suffers by such breach is entilted to receive, from the party whohas broken the contract, compensation for any loss or damages caused to him thereby, which naturally arose in the usual couse of things from such breachor which the parties knew when they made the contract ..... at a place nearest to the place of delivery, or, the price at the market in the place of delivery at a time other than thatfixed in the contract for delivery and similar cases, the appropriate price may be relied upon with necessary subtractions or additions for assertaining the real value at the time of the breach. ..... sub-sold or brought for subsale the following rules apply: a: where there is a market: (1) when there is a sub-sale (whether the seller when he made the contract did or did not know of it, or of the buyer's intention to resell) the buyer must as between himself and the seller, buy the goods in the market to ..... 73 of the contract act is that when there is a breach of contract, the party who sufers by the breach is entitled to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP143
..... really the resolution was passed by the directors of the plaintiff company removing him from the agency and whether copies of the resolution were sent to the 1st and 3rd defendants.if the agent purports to act as such and in that capacity enters into 3 transaction on behalf of the plaintiff his liability to account does not cease and he will have to render an account to the principal if the latter chooses to require him to give an ..... the rule mentioned above is stated in section 192 of the contract act which enacts:'where a sub-agent is properly appointed thc principal is, so far as regards third persons, represented by the sub-agent and is bound by and responsible for his acts as if he were an agent originally appointed by the principal. ..... 194 of the indian contract act which is in the following words:'where an agent, holding an express or implied authority to name another person to act for the principal in the business of the agency, has named another person accordingly, such person is not a sub-agent, but on agent of the principal for such part of the business of the agency as is entrusted to him.'46. ..... 220 of the indian contract act. ..... the attitude adopted by them in the witness-box, there can be little doubt that these defendants were guilty of fraud and wilful wrong and consequently come within the scope of paragraph 3 of section 192 of the contract act.54. ..... this is not only on the general principles but by reason of third paragraph of section 192 of the indian contract act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1957]8STC167(AP)
..... that was also the law under the repealed provisions in chapter vii of the indian contract act, 1872.section 77 of the contract act defined 'sale' as follows :''sale' is the exchange of property for a price. ..... in order to appreciate the arguments of the learned counsel, a reference to the relevant provisions of the sale of goods act, the sales tax act and forward contract (regulation) act is necessary; but before dealing with the said provisions, we would like to state certain facts necessary for the correct appreciation of the arguments. ..... it will be noticed that though the section groups both sales and agreements to sell under the single generic name of 'contracts of sale', following in this respect the scheme of the english sale of goods act, 1893, it treats them as separate categories, the vital point of distinction between them being that whereas in a sale there is a transfer of property in the goods from the seller to the buyer, there is none in an agreement to sell. 9. ..... their lordships of the supreme court observed :'the mere fact that the contract for sale was entered into within the province of madras does not make the transaction, which was completed admittedly within another province, where the property in the goods passed, a sale within the province of madras according to the provisions of the madras sales tax act (as it stood before its amendment in 1947) and no tax could be levied upon such .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP96
..... it is open to the parties under section 128 of the indian contract act to agree that the liability of the surety shall arise only in ..... they pointed out that:'......if the latter finds subsequently that he can make a better bargain elsewhere he has only to break his contract by refusing to pay the interest and so eo instanti entitle himself to redeem' and proceeded to observe;'their lordships were not prepared to hold that the mortgagor could in that way take advantage of ..... of the indian contract act, lays down that the liability of the surety is coextensive with that of the principal debtor, unless it is otherwise provided by the contract. ..... , said that the only question in the case was whether the money had become due within the meaning of column 1 of article 75 of the limitation act and he pointed out that if article 75 applied there could be no application of article 74 which, according to him, applied only to cases of simple instalment bonds.he alternatively held that if article 80 applied, time would begin ..... is further stated in the plaint that the plaintiff bases its claim 'on the original chit fund contract as also on the suit promissory note and on the letter executed as security in respect of ..... upon such default he would have the right to redeem and therefore in their lordships' opinion the mortgage money did not become due within the meaning of article 132, limitation act, until both the mortgagor's right to redeem and the mortgagee's right to enforce the security had accrued. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP647
..... the issues to be tried in the suit arc whether there is misjoinder of causes of action or parties by reason of clubbing the reliefs against the 1st and 2nd defendants; whether the second defendant acted for the first defendant in this transaction; and what was the amount that was received by him and lastly, how far the payment of the money by the plaintiff to the 2nd defendant to ..... specifically stated that since the 1st defendant did not possess a licence either as a broker or as a commission agent to deal in tobacco, he took contract forms signed by the plaintiff as if the plaintiff purchased the tobacco directly from the sellers, though in fact the plaintiff did not purchase direct from them. ..... amounts to an offence it is certainly an illegal one and is governed by section 23 of the indian contract act. 11. ..... on this premises the contract entered into between the 1st defendant and the plaintiff for making purchases of tobacco is illegal, being prohibited by the relevant sections of the act, the true legal position has ..... the transaction which the plaintiff had with the 1st defendant amounted to an illegal contract being in contravention of section 6 of the act and therefore he could not maintain the claim to recover any part of the money which he advanced in furtherance of the said illegal contract. 20. ..... by the 1st defendant inter alia on the ground that the contract between him and the plaintiff was illegal as being opposed to the provisions of the central excises and salt act. .....
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 : AIR1959AP545
..... ind app 89; (air 1935 pc 67), their lordships of the privy council were considering about the import of section 93 of the indian contract act which subsequently was replaced by section 35 of the sale of goods act.they observed that the words 'special promise' meant an express stipulation as to delivery which relieved the buyer from the obligation to apply for ..... obligation on the seller to inform the buyer when the goods were in a deliverable state was not a 'special promise' within the meaning of section 93 of the contract act. ..... arise out of usage or custom of trade as provided by section 1 of the contract act. ..... the plaintiff to claim damages.the main issues raised by the trial court were (1) whether-the settlement alleged by the defendants was true, (2) whether defendants committed breach of contract, (3) whether the suit contract could be regarded as a forward contract as contended for by the defendants and (4) to what damages, if any, was the plaintiff entitled? ..... the empty drums from the buyer, fill them up and deliver the goods at a railway platform, such usage cannot be regarded as being inconsistent with the terms of the contract.having regard to the nature of the contract, evidence is also admissible- to prove the usage of trade with regard to supply and delivery. ..... the plaintiff examined the manager of the plaintiff firm and a broker in whose books the suit contract was entered and who attested the same and two other witnesses of other firms doing business in groundnut oil .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP352
..... the plaintiffs, the licensees, were employed to procure paddy and rice from the producers for the government and sell them, they could be said to satisfy the requirement of an 'agent' under section 182 of the contract act and could be styled agents.but it has to be observed that the other factors which generally are to be found to constitute 'agency' are absent here. ..... agent has been defined in the indian contract act, as a person employed to do any act for another or to represent another in dealings with ..... to have been established, for all the ingredients necessary to constitute an agency ' are hot to be found herein.the supreme court had occasion to point out the difference between an agent as defined in section 182, indian contract act and a servant in the case of lakshminarayan ramgopal v. ..... words to deal in food grains subject to the conditions and terms imposed upon them in their licences and in the agreements executed by them.they cannot go behind the averment in the plaint saying that under a contract with the government they were bound to sell paddy or rice to local grain purchasing officer or to such other person directed by the said officer. ..... the first order that was promulgated by the provincial government under the powers vested in it under section 4 of the act was the foodgrains control order of 1942 which prohibited any person from engaging in any undertaking involving the purchase, sale or storage, for sale any wholesale quantities of any foodgrains except under and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP146
..... be said to have lawfully paid the money for sobha ram, and as sobha ram had enjoyed the benefit thereof, and the secretary of state did not intend to pay the money gratuitously, section 70 of the contract act covered the case and sobha ram was liable to pay the amount of freight. ..... that being the position, section 70 of the contract act cannot be pressed into service to fasten the liability on the respondent.7. ..... the short question that arises in this revision petition is whether section 70 of the indian contract act is applicable to the facts of this case. ..... i therefore agree with the lower courtthat the petitioner is not entitled to compensationfrom the respondent under the provisions of section 70of the contract act. ..... 'in that view the learned judge held that the plaintiff could not invoke the aid of section 70 of the contract act.4. ..... thus the section postulates three conditions ; (1) the thing must be done lawfully for another person; (2) it must be done by a person not intending to act gratuitously; and (3) the person for whom the act is done must enjoy the benefit of it.6. .....
Tag this Judgment!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? .....
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