Court : Orissa
Reported in : AIR1964Ori269
..... contract unless time is of the essence of the contract is based on section 55 of the indian contract act ..... thereto the purchaser or lessee (except as otherwise provided by this chapter) has the following rights :-xx xx xx xx xx xx xx xx xx xx(d) where the vendor or lessor sues for specific performance of the contract, and the suit is dismissed on the ground of his imperfect title, the defendant has a right to return of his deposit (if any) with interest thereon, to his costs of the suit and to a ..... contract act therefore has fullapplication to the contract ..... act, which relateto contract, shall be taken as parts of the indian ..... section 55(1)(a), transfer of property act, lays, down that in the absence of a contract to the contrary, the seller is bound to disclose to the buyer any material defect in the property or in the seller's title thereto of which the ..... act, so far as relevant, enacts as follows:'a contract for the sale of letting of property whether movable or immovable, cannot be specifically enforced in favour of a vendor or lessor--xx xx xx xx xx xx xx xx xx xx(b) who, though he entered into the contract believing that he had a good title to the property cannot at the time fixed by the parties or by the court for the completion of the ..... the orissa estates abolition act was not disposed of and the defendant 1 could not get recognition as a tenant by obtaining rent receipts, she was unable to execute the sale deed though the plaintiff was ever ready to perform its part of the contract. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR66
..... case (supra) in paragraph 16 it has been held by the apex court that section 7 of the indian contract act 1872 requires that the acceptance of the offer must be absolute and unqualified, and it cannot be conditional. ..... the registered letter being that it was refused on 5-7-1978, a presumption under section 114 of the indian evidence act, 1872 (in short, the 'evidence act') was available to be drawn and view of unchallenged evidence that plaintiff no. ..... it is trite, that the conclusions arrived at on factual aspects are not to be interfered with in an appeal under section 100 of the code, where the lower courts have acted on presumptions or have arrived at conclusions which are not available to be drawn on the materials on record, or are perverse, the high court can interfere under section 100 of ..... shall be brought against any municipal councilor, the chairman, executive officer, any councilor, officer or servant, in respect of any act done or purporting to be done in execution or intended execution of this act or any rule, regulations, bye-law, or order made under it or in respect of any alleged neglect or default in the execution of this act or any such rule, regulations, bye-law or order, until the expiration of two months next after notice in writing stating the ..... relying on the observations made by the apex court in jawharlal's case (supra), it is submitted that the contract was a completed one and it was enforceable, and therefore, even if the agreement was not executed, that is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori152; 49(1980)CLT547
..... so under section 49 of the indian contract act or in accordance with the common law rule that the debtor must seek the creditor and make the payment at the creditor's place, the corporation must settle its dues towards the opposite ..... the scope and ambit of clause 18, their lordships, in the facts and circumstances of that case and for the purpose of deciding the particular questions raised in that case, held that 'when there is a breach of contract, the party who commits the breach does not eo instanti incur any pecuniary obligation, nor does the party complaining of the breach become entitled to a debt due from the other party'. ..... beuria, the learned counsel for the petitioners, that the court below has no territorial jurisdiction to entertain the petition under section 8(2) of the act, as within the jurisdiction of this court none of the petitioners, who figured as opposite parties in the court below, actually and voluntarily resides or carries on business or personally works for gain, nor the cause of action ..... of this principle it follows that the place of payment under the suit contract is the place where the opposite party ordinarily resides or carries on his business ..... gave the prescribed notice and after giving the other party an opportunity of being heard, appoint an arbitrator or arbitrators, as the case may be, of its own choice, who shall have the like power to act in the reference and to make an award as if he or they had been appointed with the consent of all the parties. .....
Tag this Judgment!Court : Orissa
Reported in : [1960]40ITR93(Orissa)
..... or within which appropriate proceedings may be taken recourse to, for such relief, as the law permits.the reasoning on analogy from the underline principles governing the communication of acceptance of a proposal in the indian contract act is not, in my opinion, convincing. ..... connection the petitioner relied on certain passages in the last three paragraphs of the judgment where their lordships, while comparing the principles underlying the english decisions as clearly consonant with the provisions of the indian law, observed that there can be no doubt that as between the sender and the addressee, it is the request of the addressee that the cheque be sent by post that made the post ..... observation that the matter involved an interesting question of law as to whether in a case-where a sum of money is remitted by money order by an assessee along with an application under section 66(1) of the income-tax act before the expiry of the period of limitation but is received in the office of the income tax appellate tribunal after the expiry of the period of limitation,-such an application will be a valid application for the purpose ..... 158 does not appear to have been pressed further, with the consequence that the indian income-tax (amendment) act, 1953 which was passed in the following year did not contain the said proposed ..... it is clear from section 66(7a) that section 5 of the indian limitation act (ix of 1908) shall apply to an application to the high court by an assessee under sub-section .....
Tag this Judgment!Court : Orissa
Reported in : 1993(I)OLR228
..... payment of tax or duty which is without authority of law is a payment made under mistake within the meaning of section 72 of the indian contract act. ..... tax by dealers-(1) xx xx(2) xx xx(3) (a) where any person-(i) not being a registered dealer realises any amount by way of tax, or(ii) being a registered dealer realises any amount by way of tax in excess of the amount payable by him as tax under this act,the commissioner may, notwithstanding anything contained in this act, direct that such person shall pay in the prescribed manner, by way of penalty, a sum not exceeding thrice the amount so realised by such person. ..... air 1985 sc 901 referred to unjust enrichment in cases under section 72 of the contract act. ..... (b) where any person contravenes the provisions of clause (b) of sab-sec, (1),sub-section (2) and sub-section (2-a), the commissioner may, notwithstanding anything contained in this act, direct that such person shall pay in the prescribed manner, by way of penalty, a sum not less than rupees five and not exceeding the tax due whichever is higher ..... was said,' if the defendant be under an obligation from the ties of natural justice to refund, the law implies a debt, and gives this action founded in the equity of the plaintiff's case, as it were, upon a contract {quasi ex contractu) as the roman law expresses it. ..... dated 13-8-1992 required appellant to show cause as to why penalty under section 9-b (3) of the act for excess collection of tax for the two periods shall not be imposed. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1990Ori107
..... 1, 2 and 3 can be recorded, because it is not lawful and violates the provisions of section 23 of the indian contract act. ..... the basis of the argument/compromise is fraudulent and void under section 23 of the indian contract act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori113
..... a railway administration for the loss, destruction or deterioration of the goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, before the amendment under the old sub-section (2) , the responsibility or the railway administration was subject to the execu-tion of risk notes which were in the form ..... and gomo is 445 miles and it has not been alleged by the plaintiff that there was any delay while the goods were on the rails of the east indian railways, the distance from gomo to cuttack via kharagpur is 332 miles and the actual time taken for this consignment to reach gomo from kanpur was from 26-4-1951 ..... railway administration for carriage by railway and the railway administration provides for the carriage of such animals or goods either at the ordinary tariff rate ( in the act referred to as the railway risk rate ) or in the alternative at a special reduced rate ( in the act referred to as the owner's risk rate) the goods shall be deemed to have been tendered to be carried at owner's risk rate, unless the sender ..... course was without prejudice.the plaintiff accordingly preferred a claim under section 77 of the indian railways act (act ix of 1890) on june 16, 1951, and also served a notice under section ..... 222), certain amendments were made to the indian railways act (act ix of 1890) (hereinafter referred to as 'the act') by the amending act no. .....
Tag this Judgment!Court : Orissa
Reported in : 2(1997)ACC80
..... , that if the insurance policy which is governed by the indian contract act does not provide for payment of interest and penalty by the insurance company, the court cannot take the view that the word 'employer' in section 40a(3) of the act would include 'insurer' as it would amount to substituting the word 'employer' by the word 'insurer' in sub-section (3) of section 4a of the act.16. ..... if the liability of the insurer arises for the principal amount, though the same is required to be paid by the employer as stated in section 3(1) of the act, by the same token, the insurer's liability would arise to pay the penalty which is imposed on the employer because of the default in making the payment.if the employer commits ..... clause (1) of section 2 of the act defines the word 'employer' which runs as follows:'employer' includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other ..... the employer, the amount of liability of the insurance company to indemnify the employer would depend upon the terms and conditions of the contract, namely, the insurance policy and if it is not within the terms of the policy, the insurance company cannot be saddled with the liability to pay the interest and penalty under the act. .....
Tag this Judgment!Court : Orissa
Reported in : [1949]17ITR355(Orissa)
..... section 252 and 254(5) of the indian contract act, it was contended tat as the order was passed by the high court of bombay in its power of discretion as enacted in the latter section of the act, the judicial committee had no power of ..... two application consolidated because of the facts being identical, by the commissioner of income-tax/excess profits tax, bihar and orissa, under section 66(1) of the income-tax act read with section 21 of the excess profits tax act for the stating a case and a case stated for the opinion of this court on the following three question of law :-'(1) whether in the circumstances of the ..... tribunal was right in asking the income-tax officer to assess the assessee on receipt basis with regard to the contracts carried out and completed during the year of accounting their being every presumption that the incomes were paid as soon ..... committee were dealing, their lordships answered the question, 'whether, in view of the provisions of section 13 of the income-tax act or otherwise the income-tax officer was right in computing for the purpose of section 10 of that act, the income, profits and gains in accordance with the method of accounting regularly employed by the assessee, when that method in fact ..... rate adopted by it in the cases of other assessees doing the same kind of contract works during the same assessment year was legal (3) whether the tribunal was right in not applying rule 9 of schedule i of the excess profits tax act to the facts of this case ? .....
Tag this Judgment!Court : Orissa
Reported in : AIR1998Ori129; 87(1999)CLT662
..... court further found that in the absence of necessary pleadings required to be made in a suit based on novation of contract, as envisaged in section 25(3) of the indian contract act, ext. ..... if the defendant could have extended the period of limitation by acknowledging his liability in accordance with section 19 of the limitation act, or entered into a fresh contract in respect of a time-barred debt in accordance with section 25 of the contract act, there is no reason why he cannot be found liable in a time-barred suit on the basis of admission made in the deposition in such ..... relying upon the decision reported in (1971) 2 cut wr 775, has held that in the absence of necessary specific pleadings to the effect that the suit is one under section 25(3) of the contract act, and in the absence of fulfilment of the requirements of the said section, ext. ..... were not definite and no clear undertaking in praesenti had been spelt out, i am unable to accept the contention of the learned counsel for the appellant that a new contract under section 25(3) of the contract act had come into existence. 8. ..... construed as a contract under section 25(3) of the contract act. 7. ..... the learned counsel for the appellant submitted that the letter dated 29-12-1981 operated as fresh contract between the defendant and the bank and the trial court should have saddled the liability on the defendant on the basis of ..... case, the question is whether there was a new contract by the defendant undertaking to pay the amount. .....
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