Court : Madhya Pradesh
Reported in : AIR1963MP323
..... might be on the basis of his right as an agent against his principal. we are unable to subscribe to the view that section 222 of the indian contract act can be invoked in favour of the appellant in the present case. therefore, we are of opinion, that the appellant's suit was rightly dismissed by ..... as also the full bench of this court held that the agreement being rendered unlawful under section 23 of the indian contract act could not be enforced in a court of law and, therefore, specific performance of the contract of sale of shares was refused. we may only observe that the reasoning of the learned judges constituting the ..... illegality is even indirectly connected with a perfectly innocent and legal contract, the contract is rendered unlawful or illegal and the court would refuse to enforce such a contract, having in view the provisions of section 23 of the indian contract act, as giving effect to a perfectly legal contract, which is tainted by a collateral illegality or an earlier .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom539; (1928)30BOMLR1407
..... there is nothing done, and there is no promise made for the benefit of the principal debtor. it is not always easy to construe the provisions of the indian contract act with accuracy, but if it be true that the exceptional cases set out in section 25 are cases of agreements wherein there is no consideration, then, though the ..... section 25. therefore, in her personal capacity defendant no. 1, by executing this promissory note, incurred no liability by virtue of anything contained in section 25 of the indian contract act.16. but it is further urged that there was consideration for the promissory note of another kind. it is said that there was a compromise, viz.. that the ..... not liable for those debts. and if she undertook to pay those time-barred debts, she can only be held liable by virtue of section 25 of the indian contract act. section 25 begins by reciting that an agreement made without consideration is void. that is the general rule laid down, and there follow three cases in which .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR687
..... original date. in england the matter is often complicated by the necessity of considering section 17 of the statute of frauds and section 4 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 plevins v. downing (1876) 1 c.p.d. 220 is ..... of the application...coming from the vendors and one coming from the vendee.9. 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 ..... not legally bind the plaintiff bo complete it within the time so generously extended by defendant and inlimated to plaintiff months after.8. now apart from the terms of the indian contract act, the law is as laid down in tyers v rosedale & ferryhill iron co. (1875) 10 ex 195 baron martin in that case said :the second question is .....
Tag this Judgment!Court : Mumbai
Reported in : (1921)23BOMLR1144; 66Ind.Cas.726
..... western bank and lindley on companies, vol. i, p. 658.21. the expression 'goods' in section 108 of the indian contract act includes all moveable property. see section 76 of the indian contract act, the general clauses act no. 1 of 1868, section 2, sub-section 6, defines moveable property as meaning property of every descripttion except immoveable property ..... a company shall be moveable property. share certificates are moveable property and are therefore goods within the meaning of section 108 of (he indian contract act. see ill. (a) to section 88 of the indian contract act and hazarimull shohanlal v. hatish chandra ghose i.l.r (1918) cal. 331, counsel for the plaintiff as well as for ..... the defendant admitted that chapter vii of the indian contract act applied to shave certificates. under 8 108 of the indian contract act no seller can give to the buyer of goods a better title than he himself has except in cases falling within the .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR986; 58Ind.Cas.465
..... , i respectfully agree with the learned trial judge that the payments in question cannot be recovered by the plaintiffs under either section 72 or 65 of the indian contract act and that accordingly their claim fails.47. as regards the counter-claim, the position at first sight seems somewhat different, for here it is the defendants ..... i agree with the learned trial judge that the word 'agreement' as used in that section does not apply to the pre-war contracts, for they were 'contracts' within the meaning of the indian contract act and not 'agreements'. as regards the subsequent agreements, the parties knew all the material facts and i doubt whether the words 'discovered to ..... exercised in the present case.40. i am, therefore, of opinion that the agreements entered into by the liquidator with the defendants were 'contracts' within the meaning of the indian contract act and could not be avoided under section 21 as being made under any mistake of law that being so, i am further of opinion that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509
..... whom suits have been filed with all requisite particulars in respect thereof.sd/-docks manager'.the port trust authorities claim a general lien under section 171 of the indian contract act, 1872 in respect of the goods which come into their custody of importers who have for any reason not paid the port trust charges such as wharfage, carnage ..... 80 of 13th august. 1979, which is hereby withdrawn. the board of trustees of the port of bombay have been advised that under section 171 of the indian contract act, 1872. they have a general lien which they can exercise on the goods which come into their custody of importers, exporters, owners, consignees who have for any ..... available only for wharfage charges and the said general lien is available only by custom or usage. the trail judge further held that section 171 of the indian contract act deals with contractual bailments and has no application whatsoever to other kinds of bailment which are not contractual in nature. it was further held that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT320
..... against the debtor or his sureties.in bank of bihar v. damodar prasad : [1969]1scr620 the apex court while dealing with sections 128 and 149 of the indian contract act 1872 and the liability of the surety observed at paras 4, 5 and 6 as hereunder:before payment the surety has no right to dictate terms to the creditor ..... of this court in m.n.a. khan v. com. & ind. bank : air1969ap294 wherein the division bench while dealing with sections 126 and 127 of the indian contract act, 1872 observed at para 28 as hereunder:a careful reading of these two provisions would clearly indicate that the primary idea of suretyship is an undertaking to indemnify the debtor in ..... syndicate bank v. pamidi somaiah : 2001(6)ald365 wherein the learned judge of this court while dealing with sections 126, 128, 134, 139 and 140 of the indian contract act 1872 observed at paras 9, 11, 15 and 16 as hereunder:a perusal of the above provisions clearly shows that the person, who gives guarantee to discharge the liability of .....
Tag this Judgment!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 : 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 .....
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