Court : Mumbai
Reported in : AIR1924Bom325; (1924)26BOMLR155; 79Ind.Cas.1012
..... the seller has shown his intention to retain the disposal of the goods under his own control. see page 482 of the last edition of pollock and mulla's indian contract act, where a reference will be found to a passage from mr. benjamin's treatise of the sale of goody which now appears at page 420 of the sixth edition ..... are mentioned and discussed. there was consequently no assent to the appropriation of these bales by the defendants so as to bring the case under section 83 of the indian contract act. mr. binning eventually did not dispute this proposition and applied to amend the plaint so as to sue in the alternative for damages though for other reasons he did ..... soon as the goods have been placed on board, the property passes to the buyer because the goods have been appropriated to them. section 83 of the indian contract act is as follows:--where the goods are not ascertained at the time of making the agreement for sale but goods answering the description in the agreement are subsequently .....
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 : Supreme Court of India
Reported in : AIR1971SC422; [1971]41CompCas51(SC); (1971)1SCC50; [1971]2SCR483
..... money or other property already delivered. duty not to enforce the penalty clause but only to award reasonable compensation is statutorily imposed upon courts by 74 of the indian contract act. in all cases, therefore, where there is a stipulation in the nature of penalty for forfeiture of an amount deposited pursuant to the terms of a ..... contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, ..... exchange to forfeit the shares arises out of the articles and its source is in contract. forfeiture of share is in the nature of imposition of a penalty. section 74 of the indian contract act provides :when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the .....
Tag this Judgment!Court : Mumbai
Reported in : (1954)56BOMLR944
..... as mandatory. but it is to be noted that the learned chief justice there was not discussing the provisions of section 151 of the indian contract act, but was discusing the provisions of section 176 of the indian contract act. in that case there is no considered decision of the court on the question, whether the provisions of section 151 of the ..... seeks totally to exonerate the defendants from their liability as carrier, for loss of goods delivered to them for transport.6. sections 151 and 152 of the indian contract act prescribe the amount of care required to be taken by bailees. a bailment for carriage is also governed by the provisions of sections 151 and 152 of the ..... of his failure to take such care of the thing bailed to him as is provided in section 151 of the indian contract act,9. in my view the contention cannot be accepted. undoubtedly section 151 of the contract act imposes upon a bailee liability to take such care of the goods bailed to him as a person of ordinary prudence .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom168; (1932)34BOMLR167
..... the court has to deal, then the court is bound to follow the principles of the common law. it has been laid down in more than one case that the indian contract act is not exhaustive : see jagjiwandas v. king, hamilton & co. : (1931)33bomlr709 irrawaddy flotilla company v. bugwandass (1891) l.r. 18 i.a, 121 jwaladutt pillani v. bansilal ..... to sell off one of the properties to another person. this agreement between them is not one that can be brought under the terms of section 141 of the indian contract act so as to hold the sureties responsible for the reduced amount. moreover, there is no evidence to show that the reduction in the amount advanced was no more than ..... from which interest was to run the plaintiffs agreed to give him time in which to pay up and that such agreement releases the sureties under section 135 of the indian contract act.7. on september 21, 1923, the plaintiffs wrote to defendant no. 3 naginlal informing him that they had advanced rs. 1,00,000 to krishnalal on his .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom447; (1943)45BOMLR837
..... contract contained in the khata of 1931. but if that khata also amounts to an acknowledgment, then the present ..... khata of 1918 may not be recoverable in a court of law. yet, if by a fresh contract that debt is promised to be paid, then it would be a good consideration and the contract would be valid under section 25, sub-section (3), of the indian contract act, 1872. the basis of the suit is not any of the acknowledgments, but the ..... of the khata in suit, exhibit 16, was time-barred when it was passed, yet it would be valid consideration under section 25, clause (3), of the indian contract act. the relevant portion of that section says that an agreement made without consideration is void, unless it is a promise, made in writing and signed by the person to .....
Tag this Judgment!Court : Chennai
Reported in : 45Ind.Cas.942
..... instead of only rs. 100 under the heading (a).12. as stated by my lord in his judgment, the law as to this subject is to be found in the indian contract act, section 73 and in the illustrations thereto. the plaintiffs are by the section entitled to have compensation for the loss or damage caused' to them by the breach, the loss ..... house of lords that there is a difference where delivery is only delayed, but that is not the case here, and, also, we are bound by the terms of the indian contract act.4. when there is no market for the goods at the place of delivery, the buyer may procure a substitute at a higher cost if it is a reasonable and ..... put before him the proper materials for estimating the damages, and the plaintiffs have appealed.2. the law as to this subject is to be found inspection 73 of the indian contract act and the explanation there to. under the body of the section the damages are to be those which naturally, arise in the usual course of things from the breach which .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom215; (1949)51BOMLR256
..... the appeal.28. now though according to english law the minor would be liable in the case of a contract of service where the contract was for his benefit, it is clear that under section 11 of the indian contract act the minor's contract being void, the minor would not be held liable (see mohori bibee v. dhurmodas ghose,) (1902) ..... paid by him, and money had and received for his use. he can also recover compensation for a non-gratuitous act done by him from the person enjoying the benefit of such act (see section 70 of the indian contract act) as for instance he can recover wages or payment for piece-work, or work as a servant (see section ..... made void and therefore unenforceable by or against the minor.30. section 68 of the indian contract act, which falls under the chapter dealing with certain relations resembling those created by a contract, says that if a person incapable of entering into a contract is supplied by another person with necessaries suited to his condition in life, the person .....
Tag this Judgment!Court : Chennai
Reported in : (1973)2MLJ361
..... that these bye-laws are not contracts entered into under the indian contract act 1872, and therefore the provisions of section 74 of that act cannot be applied in the present case. there is no such thing as a contract entered into under the indian contract act, 1872, and a contract not so entered into. the indian contract act 1872, lays down certain general principles regarding formation of contracts, performance of the contracts, the consequence of breach of ..... contracts etc., as applicable to all kinds of contracts. though the said enactment does not purport to deal exhaustively with any particular .....
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. .....
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