Court : Kolkata
Reported in : 163Ind.Cas.331
..... , lord halsbury at p. 14. page of (1904) a.c.--[ed.]25. there remains to be decided the question whether the second defendant is liable under section 70 of the indian contract act and to what extent.26. the remedy provided by this section is not dependant upon the law relating to the liabilities of principal and agent. it is an independent remedy ..... enable a promisee to sue one or more of his joint promisors severally in two or more suits.18. with this decisional respectfully agree. under the indian contract act, as in english law, the liability under a joint contract is joint, and not joint and several, and gives rise to only one cause of action. as soon as judgment is given in respect of ..... .w.n. 832 : a.i.r. 1923 p.c. 136 : 4 c.w.n. 1 : 25 l.w. 163 (p.c.), but as that case was not based on the indian contract act, it is not clear that it is an authority on which we can base a decision in india. the present case comes under section 233 of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal472
..... case of the application coming from the vendors and one coming from the vendee.' that opinion was affirmed in the exchequer chamber. the effect of section 55 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 ..... the original agreed time, not that he cannot claim damages for non-performance at the extended time .......'he then went on to observe:'now apart from the terms of the indian contract act, the law is as laid down in tyers v. rose-dale and ferryhill iron co., (1873) 8 ex. 305. baron martin in that case said : 'the second ..... that by the agreement as to extension the parties in substance entered into new agreement and that such new agreement is not permissible in law under section 62 of the indian contract act. in support of his contention he relied mainly upon the decision in manohur koyal v. thakur das naskar, ilr 15 cal 319, where a bench of this court .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal576,63CWN549
..... ac 397 though they differed in their application of it. but their (the supreme court's) emphasis throughout was on the two sections, sections 32 and 56, of the indian contract act, and the terms of those two sections. the problem, therefore, was one of construction of the said two sections, or, of section 56 alone, so far as the ..... is not applicable recourse can be had to the principles of english law on the subject of frustration. it must be held also, that to the extent that the indian contract act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law dehors these statutory provisions. the ..... . 48 of air) that'these differences in the way of formulating legal theories really do not concern us so long as we have a statutory provision in the indian contract act. in deciding cases in india the only doctrine that we have to go by is that of supervening impossibility or illegality as laid down in section 56 of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal93,55CWN765
..... with justice, equity and good conscience. 14. bearing in mind this aspect of the matter, i have examined sections 64, 65 and 74 of the indian contract act in relation to the question, now before me, and, as a result of such examination, i am convinced that neither of those sections has any ..... to remember the above distinction and limitation when considering the ambit and scope of particular sections of the indian contract act. in cases of contract, therefore, when any matter cannot be brought within particular provisions of the indian contract act without doing some violence to the language used therein and/or without leading to strange and absurd results, ..... there be something, in any statute or in any authoritative judicial pronouncement which clearly points to the contrary.11. the statute requiring consideration is. the indian contract act and the judicial decision which has been relied upon by the learned advocate for the petitioner is the privy council case of 'bhai panna singh v. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)3CALLT177(HC)
..... forfeiture of the earnest money. it is also true that time was not really of the essence of that agreement as contemplated under section 55 of the indian contract act. it is also true that in the event of default in payment of the instalments for the first three months the sanchaita investments was to pay interest ..... there can be novation, reclssion and alteration of a contract under section 62 of the indian contract act. on the date of execution of the agreement dated 11.9.80. a sum of rs ..... agreement by itself cannot disentitle the party to a contract for sale of immovable property to cancel the contract if cancellation is otherwise permissible under the law of contract. a contract may become voidable by subsequent default of one party as mentioned in sections 39, 53 and 55 of the indian contract act. even with the assent of both the parties .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal47,63CWN717
..... advocate general modified the above submission and argued that the entire matter would be governed by the indian law, the matter of arbitration by the indian arbitration act and the other matters under the aforesaid contract by the indian contract act. about arbitration, we shall consider the position hereafter, but, so far as the rights and ..... time and money. practically also, it is now the admitted position that the indian law of contract or, in other words, the indian contract act would govern the rights and obligations of the parties in regard to the disputed contract. it appears further that one of the questions which may require some serious consideration ..... of the disputes between the parties. the two other relevant considerations, namely, that the proper law of the contract was the indian contract act and that the case raised the difficult question of frustration of contract, as understood in india, do not also appear to have been given sufficient attention in the court below .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal715,[1960]30CompCas582(Cal)
..... byelaws. how then can the plaintiff be held liable? i do not understand the argument of mr. das that section 23 of the indian contract act applies to the case of a contract entered into by the managing director of a public company with another private company in which the said director has interest. mr. das has ..... with great britain, pakistan and ceylon companies, in which admittedly the plaintiff had interest, ah these contracts the court of equity would refuse to enforce. therefore they are illegal contracts under section 23 of the indian contract act. if the contracts resulting in the dealings of the defendant company with the three above companies are illegal, then under ..... duty to perform fully and entirely.' this two fold character of the directors has been well expressed by lord selbourne in great eastern railway company v. turner, (1872); 8 ch. a. 149 in these words :'the directors are the mere trustees or agents of the company--trustees of the company's money and property; agents .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal261,63CWN745
..... contract by way of wagering and therefore void. now, wagering contract is not denned under she indian contract act. a classical definition of wagering contract was given by hawkins j. in the case of carlill v. carbolic smoke ball co., (1892) 2 ..... the learned counsel for the petitioner urged, in the first place, that the transaction did not fall within the mischief of section 30 of the indian contract act and also urged, in the next place, that even assuming that the parties were speculating that by itself did not render the transaction a ..... sale of goods but to speculate in difference of price. (e) the contract in question before us comes, within the category of wagering contracts and is void under section 30 of the indian contract act. theplaintiffs therefore cannot recover any amount on the basis of the said contract'. in the above view of the matter the court below affirmed the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal268
..... are to be determined on the date of the institution of the application. therefore, i cannot accept the contention of mr. mukherjee that section 39 of the indian contract act applies in the case. as there was no question of repudiation on the date of the filing of the petition, the agreement must be held to be a ..... . apparently, the respondent did not perform its part of the agreement. therefore how can the respondent take recourse to section 39 of the indian contract act, and say that the petitioner has repudiated the contract and the respondent has accepted the repudiation? in any event, it appears that till the last moment before this petition was filed the respondent ..... respondent has to refund the amount which was advanced with interest and this has not been done.47. therefore in my view section 39 of the indian contract act has no application in this case. further, admittedly, acceptance of repudiation, if any, by therespondent was made for the first time in the affidavit-in-opposition. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2002Cal65
..... also the evidence of mr. g. k. chowdhury in question nos. 557. and 558. the ld. counsel for the claimant citing sections 21 to 24 of the indian contract act, further argued that the said contract involves reciprocal promises. he also argued that the claimant being an ssi unit was not in an unequal bargaining position with the respondent. however, while concluding the argument ..... present claimant'. while arguing, the respondent explained various provisions of the indian contract act, including sections 21 to 24 as relied on by the claimant. it was argued that the contract which contains clauses opposed to public policy is void ab inltio as per section 23 of the indian contract act whereas section 19 of the indian contract act empowers the party which is affected by coersion, fraud, misrepresentation, etc .....
Tag this Judgment!