Court : Allahabad
Reported in : AIR1957All143
..... in english law and observed that the differences in the way of formulating legal theories 'really do not concern us' so long as we have statutory provision in the indian contract act. mukherjea, (as he then was) observed:'in deciding cases in india the only doctrine that we have to go by is that of supervening impossibility or illegality as ..... that the salary in question had been foregone by him.sri jwala prasad admitted his signature on these statements and the correctness thereof. under section 63 of the indian contract act a promisee may dispense with or remit in part or in whole the performance of a promise made to him.having foregone the salary in question it is not ..... that the total amount comes to rs. 1,92,000/-.sri jwala prasad admitted his signatures on these statements and the correctness thereof. under section 63 of the indian contract act a promisee may dispense with or remit in pa't in whole the performance of a promise made to him. the sum payable to sri jwala prasad having once .....
Tag this Judgment!Court : Allahabad
Reported in : (1921)ILR43All257
..... . in england the matter is often complicated by the necessity of considering the 17th section of the statute of frauds and the 4th section of the sales of goods act, but in the indian contract act there is no section analogous to this. it is not necessary, therefore, to inquire whether the case of plevins v. downing (1876) i.c.p.d. ..... the application coming from the vendors and one coming from the vendee.8. this opinion was affirmed in the exchequer chamber. the effect of the 55th section of the indian contract act above quoted is, where the party having the option elects not to avoid, to put agreement after the original date on the same footing as an agreement as put ..... not legally bind the plaintiff to complete it within the time so generously extended by defendant and intimated to plaintiff months after.7. now apart from the terms of the indian contract act, the law is as laid down in tyers v. rosedale and ferryhill iron co. (1873) l.r. 8 ex. 305. baron martin in that case said:the second .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All294
..... reading of the section we are of the view that the plaintiffs were entitled to claim the benefit of law indicated in section 65 of the indian contract act.21. section 84 of the indian trusts act of 1882 is in these words:'where the owner of property transfers it to another for an illegal purpose, and such purpose is not carried ..... the presence of witnesses, or any law relating to the registration of documents.' from what we have quoted above from the interpretation clause and section 10 of the indian contract act it would be manifest that all agreements which are proper in the sense of competence of parties, their will not having been affected in any manner and their ..... air 1955 bom 419).8. the position of the chamber in respect of the deposit was, in our view, not quite that of a surety contemplated under the indian contract act under section 126, for although the chamber in this particular case in a sense guaranteed the due performance of a promise yet it did not actually do so because the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All420
..... engineer dated 26-8-1944 records an acceptance of the plaintiff's aforesaid offer. the offer and acceptance of the promise would constitute an agreement under the indian contract act, and we think that the plaintiff would be entitled to damages for breach of that agreement if it could be held that the agreement was enforceable against ..... agreement, but it is devoid of force and efficacybecause both the parties are mistaken about some fact which is vital to the agreement section 20 of the indian contract act deals with the common mistake of fact and not mutual mistake of fact. the facts averred in paragraphs 4 and 17 of the written statement clearly suggest ..... to do so. the erroneous assumption of the parties amounted to a mutual mistake of fact and the leases were, therefore, void under section 20 of the indian contract act.9. before examining the merits of the arguments of learned junior standing counsel on this point, we would like to point out that the written statement has inaccurately .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All206
..... the claim of payment of certain sum was not accepted because the word 'compensation' has been used in the indian contract act in a very wide sense.the relevant portion of section 73 of the indian contract act (no. 9 of 1872)reads as follows:--'73. when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has ..... broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course ..... 1922 lah 198 (fb) held that the word 'compensation' in article 115 as well as in article 116 has the same meaning as it has in section 73 of the indian contract act and denotes a sum of money payable to a person on account of the loss or damage caused to him by the breach of a .....
Tag this Judgment!Court : Allahabad
Reported in : (1921)ILR43All132
..... of that guarantee. the judges did not decide in that case whether it was a case of continuing guarantee within the meaning of section 131 of the indian contract act or not, but they came to the conclusion that having regard to the terms of the agreement and the circumstances under which it was executed, there was ..... of the surety this case illustrates what is meant by the words in the absence of any contract to the contrary 'used in section 131 of the indian contract act. we have not been referred to any other indian cases which were decided under the indian contract act. the case of james lyall & co. v. amorabutty dossee (1873) 20 w.r. ..... cited during the course of the argument, but as the english law on the subject of continuing guarantees is somewhat different from the indian law, we wish to confine ourselves to the indian cases and the indian contract act alone, the important portions of the security bond which we have to construe are:(1) that the sureties bound 'ourselves, our heirs .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All287; 61Ind.Cas.138
..... on the basis of that guarantee. the judges did not decide in that case whether it was a case of continuing guarantee within the meaning of section 131 of the indian contract act or not, but they came to the conclusion that having regard to the terms of the agreement and the circumstances under which it was executed there was no doubt that ..... the death of the surety. this case illustrates what is meant by the words in the absence of any contract to the contrary' used in section 131 of the indian contract act, we have not been referred to any other indian cases which were decided under the indian contract act. the case of james lyall and co. v. amorabutty dossee 20 w.r. 12 is of not ..... much help, inasmuch as it was decided without any reference to the indian contract act.6. as an ordinary rule of law, it might be said that, where a continuing relationship is constituted on the face of a guarantee, there is a strong reason .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All419
..... had been transferred to another court.6. section 56 of the indian contract act runs as below :agreement to do impossible act: an agreement to do an act impossible in itself is void.contract to do act afterwards becoming impossible or unlawful : a contract to do an act which, after the contract is made, becomes impossible, or by reason of some event which ..... on the part of the court or the state by which the accused is discharged.9. in other words, there is no provision in the indian contract act where under surety bonds executed by sureties they would stand discharged as soon as the case is transferred to another court.10. the principle of ..... accused.in : air1934cal785 the question was considered in general terms without reference to the provision of the indian contract act. it was observed therein that the contract was between the crown and the surety, that the surety had contracted with the crown that he would produce the accused before the magistrate till the case against the accused was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All383; [1956]7STC579(All)
..... second that it did not apply to the case of claim against 'the state' as the 'state' is not a 'person' within the meaning of section 72, indian contract act. whether or not the ruling of the privy council is binding on this court after the commencement of the constitution. i am in respectful agreement with the view expressed ..... . on the other hand in -- 'jagadish prosad v. produce exchange corporation ltd air 1946 cal 245 (i), it was held that the word 'mistake' in section 72, indian contract act included not only a mistake of fact but also a mistake of law and if was further pointed out that this section did not conflict with section 21, because that ..... the constitution. 3. the respondent firm contended that the principle upon which the advocate general relies has no application in india; it founds its claim on section 72, indian contract act which provides that a person to whom money has been paid' or any-thing delivered, by mistake or under coercion, must repay or return it.' to this the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2253
..... and others, air 1971 all 151, in order to contend that if the parties are near relation, then the exception in clause (1) of section 25 of the indian contract act would be attracted. whether it would be attracted or not, is a question to be gone into at the trial after appropriate issue is framed on the basis of the ..... clearly discloses a cause of action to the extent that the transaction was without consideration and as such, would be void within the meaning of section 25 of the indian contract act. inasmuch as, the consideration was paid by cheque which was dishonoured indicating that there was an attempt on the part of the vendee to suppress certain facts that ..... 54 would be attracted if there is any amount of fraud within the meaning of section 17 of the indian contract act.11. section 17 of the indian contract act defines that 'fraud' means when a person induces anyone to enter into a contract on the suggestion of a fact which is not true by the person himself who does not believe it .....
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