Judgment Search Results Home > Cases Phrase: deposit pre contract Court: allahabad Page 92 of about 1,561 results (0.061 seconds)

Jiwan Das and anr. Vs. Sahu Sarju Prasad and ors.

Court : Allahabad

Reported in : AIR1945All299

..... defines what i may describe as the personal rights of the pledgee of goods arising out of his special property in them conferred by the pledge, but i should be most reluctant to hold that there is any implication that the contract act, by defining his personal rights, cuts down in any way any remedy he may have through the courts. ..... i am fortified in this view by the fact that in sir frederick pollock's and sir dinshaw mulla's book on the contract act the bringing of a property by a pledgee to sale through the court is a recognised remedy. ..... it is moreover pointed out that section 176, contract act, expressly confers upon a pawnee certain specific right of sale out of court, from which circumstance it is argued that a right to have a sale by the court is by implication excluded. ..... , was there dealing with a case of a pledge of certain personal chattels, together with a deposit of certain bonds by way of equitable charge. .....

Vishwanath Bhartiya Vs. Ram Naran Das Jagannath

Court : Allahabad

Reported in : AIR1940All405

..... the learned judge in the trial court has held that the defendant did not receive the goods which he contracted to purchase from the plaintiff and that the plaintiff had failed to prove any custom of trade under which he was entitled to claim the price of the goods from the defendant despite the non-delivery of ..... on 3rd march 1937 the plaintiff contracted to sell one hundred and fifty bales of gunny bags to the defendant. ..... ' but later on in his deposition he states that 'the purchaser can take delivery within one month of the due date. .....

Sheo Nandan and anr. Vs. Mohammad Khalik and ors.

Court : Allahabad

Reported in : AIR1929All777; 118Ind.Cas.186

..... act, states that in the absence of a contract to the contrary the mortgagee may add such money to the principal money at the rate of interest payable on the principal. ..... if the deposit is made within the period of six months allowed the plaintiff will obtain full costs in all courts, and if the deposit is not made the suit of the plaintiff will stand dismissed with costs in all courts.

Smt. Kesari Devi W/O Shri Gulab Singh, Chairman, Zila Panchayat Vs. St ...

Court : Allahabad

Reported in : 2005(4)AWC3563; 2005(3)ESC2209

..... explanation that the government had sanctioned the amount of first instalment for construction of the roads and there was no irregularity in executing the said contracts and even if there was any illegality/irregularity, the responsibility was that of the chief executive officer, junior engineer and other technical staff.163. ..... , as the amount had subsequently been recovered, there could be an irregularity on the part of the petitioner for giving certain time to deposit the auction money but it was not a charge relating to any corrupt motive on her part. ..... against the petitioner was that she had misused her power by extending the period of deposit of money by the contractors/auction purchasers and by this way, her family obtained ..... to regular decline in the amount of auction of teh-bazari contract each year and, therefore, the zila panchayat had suffered a loss ..... he simply has a right to be considered for promotion, provided he falls within zone of consideration on fulfilling the pre-requisite conditions for that, while deciding the said case, the apex court placed reliance upon the judgment in state ..... charges related to irregularity in granting contract for construction of the roads by dividing the roads into several parts as it was not within her competence to grant the contract for a length of the road. ..... this charge was in respect of extension of time to deposit a sum in respect of an auction held on 30.09.2004 and as the money could not be recovered in time, the zila panchayat .....

M/S. Mohit Paper Mills Ltd. and Another Pvvnl and Others

Court : Allahabad

..... complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty-four hours from the time of such disconnection: provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, ..... earlier the person against whom assessment is made on provisional basis had the discretion of not disputing the same further but to accept by depositing provisionally assessed amount with the licensee within seven days of service of provisional order of assessment whereupon he could get an immunity that he would not be subjected to any further liability ..... the person served with the provisional assessment order not to dispute the same, if he accepts it, and then to deposit the amount with the licensee within seven days of service of order or provisional assessment upon him. ..... pre-condition of deposit of amount of assessment, this court observed that since petitioners have already deposited ..... this behalf accepts from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this act, a sum of money by way of compounding of the offence based on contracted load as specified in the act. ..... and agreed load termed as 'contracted load' under statute. .....

Narendra Road Lines Pvt. Ltd. Vs. State of Up, and ors.

Court : Allahabad

..... .83. in ashutosh srivastava (supra) by way of public interest litigation and in balbir singh (supra) the land owners had challenged both the bonafides of the state government in entering into a contract with the private company for construction of expressway and development of land, as well as the contents of the agreement to show that the agreements are heavily loaded in favour of a private ..... . shri sinha has urged the following arguments in support of the acquisition of land for development:-"the project concept being a public purpose, award of contract, its terms are all issues no longer open to challenge having been settled by the judgment of this court in ashutosh srivastava's case.a direct challenge to the acquisition of land for development was ..... the project is being provided by the government upon acquisition to the concessionaire on the cost of the land to be deposited by the concessionaire with yeida the acquiring body as premium, and on a 90 years' lease with a ..... shri mandhyan further submits that with 100% payment to be made by the company, and the survival of the contract beyond its termination for the land for development with an absolute right to the company and with no forfeiture clause virtually amounts to a sell out by the state government to the company of ..... hearing him before depriving him is both reasonable and pre-emptive of arbitrariness, and denial of this administrative fairness is ..... the pre-notification ..... the pre-notification delay of about five years .....

Kamta Nath Pandey and anr. Vs. Allahabad Bank

Court : DRAT Allahabad

Reported in : I(2007)BC1

..... 1.00 lakh each by the defendant-appellants within a period of two months from this date with the respondent bank and this amount if deposited shall be adjusted towards the dues being determined ultimately. ..... 1,29,13,369.64 together with interest at the contracted rate pendente lite and future and also with cost and other usual reliefs. ..... 169/2000 be set aside and the cases be restored to file on a pre-condition of deposit of rs. ..... 57,49,864.15 together with contracted rate of interest for pendente lite and future along with cost and other usual reliefs. ..... if the pre-condition is not satisfied as mentioned above, then the ex parte judgment passed in both the cases shall prevail.9. .....

Maharaj Ji Education Trust and Vs. Punjab and Sind Bank and ors.

Court : DRAT Allahabad

Reported in : I(2008)BC6

..... this tribunal is of the opinion that in the instant case the appellants have not been able to show either from the contract or from any material that the loan in question was taken for the purposes of carrying out the duties of a trust or activities relating to the trust.the learned counsel for the respondent-bank ..... learned counsel for the appellant has argued that education has never been taken to be a business, therefore, under the contract for loan the rate of interest envisaged is excessive, illegal and against the provisions of the constitution infringing the rights ..... the other points raised in this appeal are, firstly, that the terms of contract with regard to rate of interest are illegal, void and violative of guidelines ..... the first point is concerned, the submission from the side of the appellants before this tribunal is that the two contracts for two loans resulted in settlement between the parties and in pursuant to that the appellants deposited a sum of rs. ..... been laid from the side of the appellants that the interest should have been calculated at the current rate of interest.as already discussed, when there is written contract, the question of giving weight to this argument does not arise. ..... practice is permissible legal and pre-judiciously upheld expecting when superseded ..... 1 crore sent as a pre-condition along with a letter dated 23rd july, 2005 without caring to know about the fate of their above proposal and the fate of their above draft which was actually encashed on .....

Hira Lal Chaudhary and ors. Vs. State

Court : Allahabad

Reported in : AIR1956All619

..... made to the complainant in full or not.it appears that the case of the complainant is that they had sent goods to calcutta for which the payment should have been deposited at calcutta but was not deposited; on the other hand the case of the accused appears to be, that their commission in full had not been paid; particularly they appear to be claiming discount on these ..... the only restriction to the sale was ghat they would not sell the goods to those customers with whom the bareilly firm would make periodical contracts.the despatches were to be made to the calcutta firm according to the quota fixed by the bareilly firm and the calcutta firm was to take ..... inserted, for convenience and economy or otherwise, but it was one of the terms agreed upon, and the fact was that money had to be deposited at calcutta.there was a mandatory direction to the calcutta firm to deposit the money there and under the circumstances i am at a loss to understand, how it can be argued that agreement provided that the payment would ..... that was a case in which really the place of misappropriation could not be ascertained and in that event the place where money had to be deposited could be a place where the trial could be held.the accused was sent to bengal with instructions to effect deliveries of sugar bags and to ..... it was alleged that the goods were to be despatched by rail to calcutta with railway freight pre-paid and the bareilly firm was to be both the consignor and consignee and the invoices and railway .....

Umrao Singh Vs. Mt. Mohan Kunwar and anr.

Court : Allahabad

Reported in : AIR1927All699

..... 657 i had expressed the dissenting view that a contract of pre-emption was a contract in personam which would bind the parties thereto, and though in case of a breach by either of them it could be enforced against his representatives, neither party had any power to contract on behalf of his descendants that they should make an offer to the descendants of the other party before transferring the property to a stranger. ..... even though shah nasiruddin, the vendor in that case, was himself a party to the contract, and the pre-emptor was a representative of the other party, the bench have not laid any stress on this fact but have laid down that such a contract of pre-emption binds the parties and their representatives. ..... agreement had provided that the executants can transfer the properties among themselves, that is, one executant can transfer it to the other and that in case of transfer to another person the other executant will acquire it by pre-emption, and yet the pull bench held that the offer had to be made, not only to the executant, but to their representatives also. ..... the third ground asserts that the entry in the wajib-ul-arz of 1872 was a record of contract which has ceased to have any binding effect after the expiry of that settlement.2. ..... 1017 were left in deposit with the vendee for payment to sheobaran singh, plaintiff. .....