Court : Allahabad
Reported in : AIR1921All392; (1921)ILR43All81; 57Ind.Cas.445
..... 9, where 'a had advanced a loan to b under an agreement that if b failed to pay a the interest from year to year, 8 will put a in possession of an occupancy holding, the transfer of which was forbidden by law. ..... in the agreement there was a covenant of indemnity that in case of failure to put a in possession, a might sue for principal and interest. ..... , that is, a stipulation that in case of failure to put a in possession, a might sue for principal and interest; and he held that the alternative promise was really incapable of being separated altogether from the illegal portion of the agreement. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad673
..... before me it was argued for the petitioner that the partnership was only to commence after the motor bus had been purchased and when it commenced to ply for hire, and that up to that time the agreement was merely an agreement for co ownership, that is to say, an agreement to become the co-owners of the motor bus, and subsequently having become the co owners of it to run it for hire. ..... a having paid all the expenses of the keep and management of the horse, and there being no winnings to divide, it was held that, even assuming that this agreement constituted a partnership between a and b (which the court, dissenti-ate cockburn, j. ..... 400, in my opinion clearly were payments towards the capital of the partnership which both the partners were liable to pay under the agreement. ..... the defendant denied the agreement as to the shares to be contributed, and set up the case that the plaintiff was to contribute the whole of the capital.2. ..... in pursuance of this agreement the plaintiff paid rs. ..... in my view it was from the start an agreement of partnership. ..... the most important question of all is what is the effect of the agreement alleged. ..... 700 and purchase a motor bus under the hire purchase system and also run it between madras and periapalayam or such other places as might be agreed to from time to time, the necessary permits, licenses, etc. .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR305
..... they have only to add, that the fact that draft mortgage attempted to go beyond the terms of the agreement in this respect might be a good reason why that particular mortgage should not be executed, but it does not destroy the plaintiff's claim under the agreement, for nowhere was the binding effect of the agreement made conditional on fixing the amount of the debt, so that it would be wholly inoperative unless this was first done, and, indeed ..... the property being identified and the terms of the loan being fixed, the document of february 5 constitutes an agreement which equity would enforce, unless there were circumstances which the court would consider sufficient to justify the unqualified refusal on the defendant's part to carry out its ..... in these circumstances their lordships think that there was a valid agreement charging the property with whatever sum was actually due, together with interest as the agreement provides, and that a proper mortgage ought to be executed to carry out these ..... do not dispute that the purpose of this agreement was to arrange the terms upon which the respondent was to grant a mortgage of property, which had formerly been the subject of an agreement for sale and partnership between the parties. ..... the only question now raised relates to the agreement for a mortgage dated february 5, 1921, and made between kedarnath daga, represented by the appellants, and the respondent, it is therefore unnecessary to consider the previous complicated transactions between .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR556
..... of a formal character or such as are usually found in modern articles, there are two points, first, alteration in the indemnity given to the directors and officers of the company, and, secondly, as regards the agency agreement the omission to mention the power of assignment and the power conferred on the managing agents to insist on the continuance of their agency in the event of a transfer, both of which are, in my opinion, changes of ..... to the agents in the event of the company being wound up except for the purpose of reconstruction or amalgamation, now although this part of the circular calls attention to clause 17 of the proposed agency agreement, it is contended that it should have stated that the compensation provided for is seven years' commission prior to the winding up, and no reference is made to the very important clauses by which the managing ..... it was at one time contended that by the new articles of association the directors were given power to raise money on behalf of the company which they did not possess under the old articles of association, but that argument has had to be given up since under articles 75a and 75b of the old articles, and clause 3 (k) and 3 (i) of the old memorandum of association the power of raising money by debentures was given to ..... devoted is the question of the indemnity of the directors under the old and the new articles. ..... under the old articles 85 and 86 and the new articles 183 and 184 the exceptions to willful acts and defaults have .....
Tag this Judgment!Court : Chennai
Reported in : (1894)ILR17Mad306
..... it appears from the promissory note that it was executed for past services rendered under oral agreements with the fourth defendant.2. ..... sections 28 and 29 of the legal practitioners' act require that such agreements should be in writing and filed in court. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom125; (1929)31BOMLR1433
..... (which said portions of land hereby granted are particularly delineated in the plan thereof hereunto annexed, signed by the collector of kolaba and therein coloured yellow),' the eastern boundary was, therefore, under the deed marked by the boundary marks erected by the revenue survey department, but the total area enclosed by the boundaries was not to exceed 946 acres 34 gunthas, at the time when ..... ' i agree with the trial judge that the boundary marks laid down prior to the execution of the agreement must be accepted, notwithstanding the inaccurate plan, as the boundary which was laid down for the khot, i agree, therefore, with the learned ..... it is clause 6 which runs as follows:-that all boundaries under this agreement shall be (surveyed and marked out by the government revenue survey department and the boundary marks shall be erected by or by the authority of the superintendent of survey at the expense ..... the idea i have derived from the papers is that at the date of this agreement of february 1, 1890, the boundary marks referredto had been erected, and the assistant ..... a fuel depot and a village site where there were huts with which we are not concerned, the agreement was for three survey numbers amounting in all to 1,000 acres more or less. ..... this appears from the correspondence over the draft agreement in the beginning of 1898 where the remembrancer of legal affairs suggested it might perhaps be well if the boundaries could be marked out before execution of the deed and in august .....
Tag this Judgment!Court : Mumbai
Reported in : (1943)45BOMLR957
..... accordingly he directed the pleader for the plaintiffs to state whether the plaintiffs sued only upon the agreement of march 17, 1936, or alternatively upon the earlier loan bonds, and that agreement also, and the plaintiffs' pleader put in a purshis saying that the plaintiffs sued only on the agreement of march 17, 1936, and that the earlier transactions were referred to merely as matters of historical interest. ..... all we can do is to decide that under the agreement of march 17, 1936, the plaintiffs had a good cause of action for the rs. ..... it is strenuously argued in this case that we must read the agreement of march 17, 1936, as a whole, and, so reading it, that we cannot find any plain acknowledgment of this debt. ..... it appears that rs 2,000 were advanced on the date of the agreement by the wife, and that amount was advanced on the security of certain cotton goods lying in the shop of the defendant firm. ..... the learned judge in his judgment has translated the agreement of march 17, 1936, and nobody has questioned the accuracy of the translation. ..... this suit was filed on march 10, 1939, so, if the agreement of march 17, 1936, constitutes a fresh cause of action, the suit is in time. ..... it is in fact difficult to see how they could be suing on anything else, because there is no allegation of any debt due to the plaintiffs jointly, except under that agreement. .....
Tag this Judgment!Court : Allahabad
Reported in : (1919)ILR61All223
..... under that agreement the plaintiffs' predecessor in title agreed that the defendant should be considered an occupancy tenant and that he should not be ejected, it has been properly conceded here that the present plaintiff is in no better position than his vendor would have been who entered into the agreement which the defendant. ..... however this may be, an agreement arrived at upon a compromise between the parties in a previous litigation was put in evidence. ..... we think that under these circumstances the plaintiff was nod entitled to eject the defendant. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom84; (1939)41BOMLR33
..... as a matter of construction of these consent terms, therefore, i have come to the conclusion that the parties intended to enter into and did enter into an oral agreement for sale of the decree on march 2, credit being given to the defendant at his option for four weeks, and the plaintiff undertaking to give to the defendant an assignment of the judgment-debt in writing upon ..... his contention that the agreement was a mere agreement to sell and not a sale, he still would not in my view be able to establish that the parties were relieved altogether from their obligations under the agreement by reason of the basis of the contract having come to an end upon the insolvency of the judgment-debtor, as he has contended, i need not, however, pursue this matter further as no question of damages arises in view of my holding that this agreement was an agreement of sale out and ..... the suit put shortly is that the agreement was a mere agreement to sell and not a sale out and out, that it was subject to an implied condition between the parties that the decree should remain capable of execution, and that before the agreement to sell matured into a sale the judgment-debtor became insolvent, and the basis of the agreement consequently fell through, and the parties were relieved from their respective obligations under the agreement.3. ..... result of this the appellants contended that as the decree agreed to be sold had been barred by limitation they were under no obligation to carry out the agreement. mr. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All70
..... the learned civil judge has considered the circumstances of the case from that point of view and has arrived at the conclusion that in the present case the time limit of one year fixed by the agreement within which the plaintiff appellant was to call upon the defendant-respondent to execute a sale deed was of the essence of the contract and we are inclined to agree with that finding. ..... plaintiff-appellant sought to make out a case by reference to the notice received by him on 19th october 1937, that a grave doubt had been east upon the title of the defendant-respondent to the property covered by the agreement and hence the plaintiff-appellant was entitled under the terms of the agreement to get the period fixed therein extended until the decision of suit no. ..... it also suggested that the only condition under which the plaintiff-appellant would be prepared to get a sale deed from the defendant-respondent was that the latter should furnish security to him for the return of the whole sale consideration in the event of her title to the property covered by the agreement being disproved. ..... this is a plaintiff's appeal arising out of a suit for specific performance of an agreement to sell and in the alternative for return of the earnest money paid under the agreement. ..... we are therefore satisfied that in the circumstances of this case there was no ground upon which the plaintiff-appellant could have avoided the performance of his part under the agreement. .....
Tag this Judgment!