Court : Allahabad
Reported in : AIR1941All377
..... of state : air1937bom449 the view was expressed that to comply with the provisions of section 30, government of india act, a formal deed was necessary and a contract within the terms of that section cannot be spelt out of correspondence or out of a series of letters and other informal documents; and this bombay view has also been followed in sankara mining syndicate ..... one of the main objects of this deposit was its liability of forfeiture in case the plaintiffs, without any justifiable reason, refused to execute the deed; and this is not a case where the contract was for making a contract, but the contract had already been made and there was nothing more to settle; only a formal deed was to be executed, and in order to prevent its non-execution without any justifiable reason security money ..... 2lst may 1931, is, in our view, a complete answer to this action, and we need not consider the difficulty which might have arisen if the suit had been brought by any party to specifically enforce the contract of 12th may 1931; and this also disposes of the remaining contention of the plaintiffs that the agreement of 12th may was a pre-incorporation agreement and was not binding on the company. ..... and so far as the secretary of state was concerned, it failed because the terms of section 30, government of india act, were not complied with, and so far as the company was concerned, it failed because it was a pre-incorporation agreement and it was at the option of the company to accept it or not. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All549
..... the appeals filed by the plaintiffs (the pre-emptors), the only question thereby raised has reference to the amount of mesne profits to which they are entitled in consequence of the vendee remaining in possession of the preempted property after the deposit by the pre-emptors of the pre-emption money on 21st june 1923. ..... district judge in one case and the registrar in the other and the plaintiffs be considered to be assignees of the aforesaid officers, section 134 contract act, does not lead to the result contended for by the sureties. ..... for these reasons we think that section 134, contract act, is not applicable to the circumstances of the present ..... case, there is no evidence that they were party to the contract of guarantee, under which the sureties become liable. ..... reliance is placed on section 134, contract act, which provides that the surety is discharged by any contract between the creditor and the principal debtor by which the principal is relieved, or by any act or omission of the creditor the legal consequence of which is the discharge of the ..... case before us, there was no contract between the sureties and the plaintiffs. ..... that the sureties empowered the plaintiffs to enforce the undertaking given by them (the sureties) to the court does not imply that the plaintiffs became a party to the contract of guarantee embodied in the bonds. ..... section 134, contract act, presupposes the existence of a contract of guarantee, to which the creditor and the surety, if not also the debtor, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All365
..... and the agreement, each of 4-4-1946, had been proved as duly executed, that defendant 1 in the earlier suit could not have himself provided the money required for payment of the pre-emption money, that the pre-emption suit had been for the benefit of the plaintiffs and defendant 2 of the earlier suit, they being the persons who had paid the amount and that, therefore, there was ..... learned civil judge gave a number of reasons for dismissing the plaintiffs' claim, to a decree for specific performance of a contract, even though, as we have said, he had found that it was the plaintiffs who had provided the pre-emption money and that it was for their benefit and on their behalf that the pre-emption suit had been filed. ..... other hand, if the plaintiffs in the earlier suit are held entitled to a decree for possession by specific, performance of a contract of sale, there would be no question of granting a decree for injunction to the plaintiff of the later suit. ..... just mentioned and also in this promissory note the advance of this amount by the plaintiff and defendant 2 to defendant 1 was mentioned as a loan pure and simple, though made with the object of enabling defendant 1 to deposit the amount in court as the pre-emption money under the decree dated 13-2-1946 aforesaid. ..... 7,200, one half of which was alleged to have been deposited in court by the plaintiffs and the other half by defendant ..... even utilised by him as he deposited it in payment of the amount due under the pre-emption decree. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All452
..... shanker was otherwise competent to make a transfer.as regards the second condition, that the contract of transfer should subsist when a claim for recovery of the property on the principle of feeding the estoppel can be made, it has been contended on behalf of the respondents that the sale deed executed by gauri shanker in favour of ram bir no longer subsisted inasmuch as a decree for pre-emption on the basis of the sale deed had been passed in favour of the ..... the amount found to have been paid by the vendee as consideration was deposited by the plaintiffs, but they were unable to obtain possession as vendee was not in possession. ..... it is admitted that the plaintiffs deposited the pre-emption money in time and were thus substituted in place of the vendee in the transaction of sale entered into by gauri shanker and ram bir. ..... a contract of transfer would therefore subsist even after a decree for pre-emption is passed and the pre-emption money is paid.5. ..... there are, however, two conditions which should be fulfilled before this relief can be granted, and they are firstly that the contract was entered into by a person who was competent to contract and secondly that the contract of transfer subsists. ..... in effect, therefore, the contract of sale which existed previously between the vendor and the vendee would now be deemed to be subsisting between the vendor and the successful pre-emptor. ..... beyond this substitution there is no other change in the contract of transfer evidenced in the sale deed. .....
Tag this Judgment!Court : Allahabad
Reported in : 121Ind.Cas.394
..... 6,000 as damages plus overhead charges to make good the loss sustained by the plaintiff by a breach of the contract on the part of the board, and if the plaintiff was not allowed to complete the work the plaintiff would file a suit for recovery of rs. ..... it appears to us that all that the plaintiff wanted was to understand what was his position with regard to the original contract entered into by him and to receive instructions according to the agreement entered into by the parties. ..... the sub-committee did not agree with the water works committee that the contract with the plaintiff terminated with the stopping of the work in accordance with the letter dated the 8th of october, 1923. ..... all the work that the plaintiff had agreed to do under the terms of his contract and at the rates which had been settled by the municipal engineer was in accordance with the original contract entered into and there was really no new contract when the plaintiff agreed to do the altered work. ..... the plaintiff's case is that what happened after that date and the further action of the municipal board amounted to a breach of contract which had been entered into by him with the municipal board.7. ..... 23,437 was accepted, and a contract for the construction of two pre filters and one final filter was placed with him.3. ..... he also duly deposited the necessary amount of money which had to be deposited under the terms of the tender which he had offered. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All488
..... not executed a sale deed in favour of lalman sah after the decree which had been made for specific performance of the contract against him so that lalman sah after he made his deposit of the sale consideration made an application in the execution department for having a sale deed executed through the mediation of the ..... specific performance suit is, in the first instance, a decree in the nature of a preliminary decree, and that the decree only attains a final form after the plaintiff has made the deposit of the sale consideration and has thereafter obtained actual sale of the property.it was observed by chief justice schwabe that till the date of the final completion of the matter the court ..... the nature of a decree, the court's power to extend time was in no manner affected by the provisions of order 20, rule 3 of the code of civil procedure, we may here point out that the position in a pre-emption suit is slightly different, for as we have already pointed out earlier, in a preemption suit a decree has to be made in accordance with the provisions of order 20, rule 14 of the code of civil procedure which ..... decree for specific performance as it does in the case of some other decrees nor does the code indicate the contents of such a decree as it does in the case of a decree in a pre-emption suit as provided for by order 20, rule 14 of the code.all that a decree for specific performance can properly contain is an adjudication to the effect that the plaintiff was entitled to the enforcement of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1915All388(2); 30Ind.Cas.584
..... ' clause 8 provides that 'if any purchaser fail to comply with any of these conditions, his deposit shall be forfeited and the vendors shall be at liberty to re-sell the lot or lots sold to him either by public auction or by contract'. ..... upon appeal the learned district judge modified the decree of that court and passed a decree in the plaintiff's favour for the amount of the deposit which the defendant was bound to make under the terms of the contract. ..... in our opinion the whole case turns upon the true construction of the provisions of the instrument called 'the conditions of sale', which was the contract between the parties to which we have referred above. ..... the parties must be bound by the contract which they entered into, and we have to consider what their intention was when clause 8 was inserted in the document ..... as we under-stand that clause it gives the vendor the right to re-sell the lot, but the penalty which it provides is the forfeiture of the deposit which the purchaser was bound to make. ..... the municipal board, upon the purchase being made by the defendant, was entitled to obtain from the defendant the deposit of 10 per cent, of the purchase-money. ..... as we have stated above, the deposit required by rule 4 was not made nor was t e residue of the purchase-money paid within the term fixed ..... clause 4 of this document provides that each purchaser shall immediately after the sale pay into the municipal office, allahabad, to the credit of the allahabad improvement trust, a deposit of 10. .....
Tag this Judgment!Court : Allahabad
..... municipality and not a public duty cast upon the municipality by the statute, that in forfeiting the deposit, the municipality was not acting in pursuance to the power given to 'it under statute but was doing so in pursuance of a power given to it under the contract and, therefore, the suit to enforce rights under the contract entered into with the municipality which the municipality was not under any obligation to enter into, cannot ..... the court held that when a municipality has power to enter into a contract under the municipal boroughs act and the municipality purports to exercise its power to enforce such contract, any act done in the exercise of its power to enforce the contract is not in pursuance of the act but in pursuance to the contract and, therefore, a suit brought against the municipality for return of deposit under a contract to clean the streets was not a suit of the type described in ..... a suit was filed against the district board more than six months after the date of the accrual of the cause of action, claiming damages on the ground that its president improperly cancelled a contract of lease for one year of the tolls in certain places, which was stated to have been entered into by the plaintiff with the board through its vice president. ..... it was held that though the distinction between actions on contract and actions independent of contract may be convenient enough as a working rule, the real test to be applied was whether what was complained of was some act done in .....
Tag this Judgment!Court : Allahabad
..... municipality and not a public duty cast upon the municipality by the statute, that in forfeiting the deposit, the municipality was not acting in pursuance to the power given to 'it under statute but was doing so in pursuance of a power given to it under the contract and, therefore, the suit to enforce rights under the contract entered into with the municipality which the municipality was not under any obligation to enter into, cannot ..... the court held that when a municipality has power to enter into a contract under the municipal boroughs act and the municipality purports to exercise its power to enforce such contract, any act done in the exercise of its power to enforce the contract is not in pursuance of the act but in pursuance to the contract and, therefore, a suit brought against the municipality for return of deposit under a contract to clean the streets was not a suit of the type described in ..... a suit was filed against the district board more than six months after the date of the accrual of the cause of action, claiming damages on the ground that its president improperly cancelled a contract of lease for one year of the tolls in certain places, which was stated to have been entered into by the plaintiff with the board through its vice president. ..... it was held that though the distinction between actions on contract and actions independent of contract may be convenient enough as a working rule, the real test to be applied was whether what was complained of was some act done in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All485
..... to it the state is entitled, in the event of the contractor not beginning his work before the 1st of december following the date of sale or of not prosecuting the work in right earnest or if he notifies his repudiation of the contract, to cancel the contract and confiscate the security money and all or any other moneys already paid by or on behalf of the buyer and if the security and other moneys so forfeited are less than the sale price to realise ..... 500/- which is being realised has not been demanded or imposed under its provisions.whether the state has or has not the right to enforce payment by the contractor upto the value of the contract and whether the contract was indeed binding upon him or not are matters on which i shall refrain from expressing any opinion. ..... three days later the divisional forest officer sent tho following reply:'before your resignation is accepted you will have to deposit 20 per cent security which will be confiscated and besides this if after re-auction there is difference in the sale price, you will have to make good the ..... 1500/- is inflicted and is sought to be recovered.the above condition as its language clearly bears out gives a right to the contractor to resign from a contract provided he previously deposits 20 per cent inclusive of the security already deposited of the sale price. ..... to its terms the resignation is infructuous until the condition of 20 per cent deposit is fulfilled.the power of the state to treat the contract as cancelled etc. .....
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