Court : Karnataka
Reported in : AIR1992Kant108
..... ) whether a decree could be passed against sureties?point no. 19. chapter viii of the indian contract act, 1872 (hereinafter referred to as the 'act') deals with indemnity and guarantee. section 124 defines the expression 'contract of indemnity'; section 125 defines 'rights of indemnity holder when sued; section 126 defines the expressions 'contract of guarantee', 'surety', 'principal debtor' and 'debtor'. section 127 provides regarding the consideration for ..... up the rights available to a surety under chapter viii of the indian contract act? in other words, whether it is open to contract outside the provisions of chapter viii of the indian contract act? if so, whether such a contract is not hit by section 23 of the indian contract act?(2) if a suit for recovery of money filed against the principal debtor and sureties making a claim jointly .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR201; 1993(1)KarLJ308
..... guarantee. section 124 defines the expression 'contract of indemnity'; section 125 defines 'right of indemnity holder when sued'; section 126 defines the expressions 'contract of guarantee','principal debtor' and 'debtor'; section 127 provides regarding the consideration for guarantee ..... chapter viii of the indian contract act? if so, whether such a contract is not hit by section 23 of the indian contract actthese questions under point no. 1 were considered in paras 9, 10, 10.1, 11 and 11.1 of the judgment, therefore, it is necessary to reproduce the same:'9. chapter viii of the indian contract act, 1872, (hereinafter referred to as the 'act') deals with indemnity and .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant1; [1956]26CompCas121(Kar)
..... commr. of income-tax v. remington typewriter, co., ltd. where an american company was held liable on account of sale of its typewriters in india by two indian companies. the following portion of what is quoted from this judgment is instructive: 'although no contractual obligation exists by which the bombay company is compelled to purchase any ..... and agent must necessarily cease'. the dutch company was held liable even though the contracts of sale to customers from which the profits arose were contracts to which it was not a party. 16. though as i have mentioned the words in the english act, are different from those in s. 42, these observations are useful for holding ..... order1. this is a reference by the commissioner of income-tax under section 66(2), mysore income tax act. the assessee is a company registered under the indian company's act which has its head office in calcutta and is engaged in the manufacture and sale of cigarettes. the manufacturing establishment is at calcutta but the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant26; AIR1950Mys26
..... ;qs'kq u hew[kzfo/kafez'kqaa6. from this it does not follow that the marriage tie is severed by conversion or by any act of the parties. hindu law does not regard marriage as a mere contract. it regards that marriage makes the husband and wife one person. according to it, marriage is indissoluble and not even by sale or by ..... becomes a christian. it is so, as, though christianity does not prohibit polygamy which in fact was in vogue amongst the early christians, the law of christendom by which the indian christians are governed prohibits it. in the case of conversion of married hindus, the point for consideration is whether their first marriages comes in the way of a second marriage ..... second marriage is void by reason of an earlier marriage with another person alive is valid and subsisting according to the laws of christendom. the case of r v. allen, ((1872) l.r. 1 c.c.r. 367: 41 l.j.m.c. 97), previously referred to shows that the second marriage is void for some reason other than its being .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant6; AIR1950Mys6
..... a person who puts forward a bona fide claim makes a payment in respect of the disputed property he is entitled to the protection afforded by section 69, contract act, even though it ultimately transpires that he had not such an interest. it is consistent with general principle of equity that those who receive benefit from the payment ..... lawfully made, by another cannot retain the benefit and plead non-liability and the terms of section 70, contract act are wide enough to give effect to this principle. the scope of sections 69 and 70, contract act is very well brought out by venkataramana rao c. j., in 22 mys. l. l. 150 where in almost ..... her mortgagee, the revenue sale would have extinguished the title of the plaintiff in the suit property. it must therefore be presumed that venkamma and her mortgagee acting in good faith paid the kandayama in order to protect the interest in the property which venkamma apparently possessed at the time. venkamma had in fact possession of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant1; AIR1951Mys1
..... more than one accused are involved. the court has to deal with the case of each accused separately and has to ascertain and give a finding as regards the act or acts proved to have been committed by each of the accused. it has to see whether what is proved in respect of each accused amounts to an offence. if one ..... likely to be committed in the course of what was intended by them, but deals with only the liabilities of the persons who intended to commit a criminal act, when that act is committed. it may be further added that even in a case where an offence is committed by one person another person who was with him at the ..... out this intention, the appellant picked out hamidullah for dealing with him and wali shah, the deceased, but where is the evidence of common intention to commit the criminal act complained against, in furtherance of such intention their lordships find none. evidence falls far abort of showing that the appellant and wali shah ever entered into a pre-meditated concert .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant47; AIR1952Mys47; ILR1952KAR151; (1953)31MysLJ70
..... on the subsequent purchaser and not on the plaintiff to prove that he has such notice; see pollock and mulla's indian contract and special relief acts 7th edition, page 719. the argument urged in such cases that the defendant should not be compelled to prove a negative has not met with acceptance. in ..... grant an injunction to the court auction-purchaser to reconvey the property to the judgment-debtor which would have the effect similar to a decree for specific performance of a contract of sale. he observed : 'the hands of courts of justice are not tied inthese matters simply because, to support thegrant of a particular appropriate relief, no exactprecedent ..... enough has been said to show that in this case the lower courts were not right in having failed to give relief under the impression that section 19, limitation act is not applicable. the appeal is therefore allowed; the orders of the courts below are set aside. the application under order 21, rule 90, civil procedure code is allowed .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant68; AIR1952Mys68
ORDER1. This petition is against the judgment and decree of the Munsiff of Srirangapatna in S C. No. 29 of 50-51 on his file dismissing the suit, filed for the recovery of rent.2. The case of the Plaintiff is that the first defendant took the schedule house on rent from the plaintiff and his brother the second defendant on monthly rent of Rs. 5/- and executed an agreement dated 2-12-47 in favour of both of them. The first defendant pleaded that he paid rents to the hands of the second defendant and handed over possession of the suit house on 16-12-18. The second defendant was ex parte, but was examined as a witness for the first defendant. In his evidence he supports the case of the first defendant.3. The learned Munsiff has held that the discharge pleaded by the first defendant by payment of rent to the second defendant is binding on the plaintiff. This is a case in which the lease deed had been executed both in favour of the plaintiff and the second defendant. It has to be said that ...
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant2; AIR1952Mys2; (1953)31MysLJ135
..... was a transaction of such a nature that the rights and liabilities of the parties thereunder......the court shall, notwithstanding anything contained in s. 92, indian evidence act, 1872, or in any other law for them time being in force......admit evidence of any oral agreement....'.it will be noticed that this section refers to transaction ..... mysore gazette for general information by order of his highness the maharaja of mysore. there is, therefore, no substance in the contention that the agriculturists relief act has not been extended to the area within which the defendant has been residing.4. as regards the contention of the petitioner that before a person could ..... which took place six years prior to the extension of the agriculturists relief act. there is a similar provision in section 8 of the agriculturists relief act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant111; AIR1952Mys111; (1953)31MysLJ129
..... with the present case. in that case, the plaintiffs, a firm at madras, booked orders for some goods from the defendants who were the manufacturers at mirzapore. the contract was for despatch of goods f.o.r. mirzapore at earliest booking day after the railway receipt to be negotiated through the bharat bank ltd. the defendants failed to despatch ..... the goods must be deemed to have passed to the plaintiff immediately the contract was signed. he argues that the goods were admitted by plaintiff to be ready goods which were then in the railway ..... of the detailed terms of that contract recorded in kadiri.8. sri s. d. ganesha rao, the learned counsel for the respondents has relied strongly on a case reported in 'parthasarathy gupta v. calcutta glass & silicate works (1936) ltd.', air 1949 mad 145 and on section 20 of the sale of goods act and urged that the property in .....
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