Hyman & Wife v. Nye & Sons (1881) 6 QBD 685 (breach of implied warranty, hiring) Queen’s Bench Division, Lindley, J & Mathew, J. FACTS: The defendant was a job-master at Brighton, letting out carriages and horses for hire. The plaintiff hired of him a landau, and a pair of horses, and a driver, for a…
Morris v. C.W.Martin & Sons Ltd. [1966] 1 QB 716 (sub-bailment, theft or negligence of the staff) FACTS: The plaintiff took her mink stole to a furrior for cleaning. Sine he did not do cleaning, he subcontracted the fur to defendant on the current trade condition which provided that goods belonging to customers on the…
State of Madras v. Jayalakshmi Rice Mill Contractors Co. and Ors. AIR 1959 AP 352 (Difference between agency and license) FACTS: The Food Procurement Order, authorised the licensees (rice millers in the Districts of East Godavari, West Godavari and Krishna) to procure rice and paddy from, the producers to sell them in the market at…
Narandas Morardas Gaziwala & Ors. v. S. P. Am. Papammal & Anr. 1966 SCR 38 (agent’s right to claim for accounts) FACTS: Narandas Morardas Gaziwala and Ors. a partnership firm, carrying on business in lace and silver thread at Surat had dealings with another firm, Krishna and Company – who acted as their agents for…
Harshad J. Shah & Anr v. L.I.C. of India & Ors. 1997 (5) SCC 64 (Ostensible Authority, Section 237 of Indian Contract Act) FACTS: A bearer-cheque, with the name of agent on it, towards the payment of premium was handed over to a general agent (R3) of the LIC (R1). (This payment was being made…
China Pacific S.A. v. F.C.I (Agency, Necessity) FACTS: The defendant cargo owner chartered a vessel to carry a cargo of wheat from a US port to Bombay. January 21, 1975: The vessel got stranded on a reef in the South China Sea 420 miles from Manila. January 22: The ship’s managing agents signed a salvage…
Keighley Maxted & Co. v. Durant [1901] AC 240 (Undisclosed Principle) FACTS: K & Co authorized Roberts, a corn merchant, to buy wheat on a joint account for himself and them at a certain price. Roberts, on his own behalf and without authority of anybody else, bought wheat at a higher price than the authorized…
Kuchwar Lime & Stone Co. v. Dehri Rohtas Light Railway Co. Ltd. & Anr. 1969 AIR 193 (Implied Agency) FACTS: A quantity of coal was booked by a Colliery to the appellant Company carriage to Banjari station on the respondent Railway’s line and the freight on the consignment was to be paid by the appellant…
Makhan Lal Jain and Anr. v. The Amrit Banaspati Co. Ltd. and Ors. AIR 1953 All 326 Facts: The petitioners are two share-holders in the Amrit Banaspati Company Limited. They have made various allegations of mismanagement and foul play against the company, its Directors and Managing Agents. It is contended on behalf of the opposite…
A.K.G. Acoustics (India) Ltd. v. Company Law Board 70 (1997) DLT 767 Facts In order to optimise the efficiency of the appellant Company and to economize on revenue expenses the appellant Company called an Extraordinary General Meeting to pass a Special Resolution to shift the registered office of the appellant Company from its location at…
Dominion of India v. Raj Bahadur Seth Bhikhraj Jaipuria AIR 1957 Pat 586 (Time, Frustration, Section 299 (1) and 175 (3)) FACTS: Three contracts were entered into by the plaintiff (P) with the Railway (R) for supply of food-grains. Deliveries were to be made at any station of ER[1] in Bihar.[2] These three identical contracts…
Khushal Khemgar Shah & Ors. v. Khorshed Banu Dadiba Boatwalla & Anr. 1970 SCR (3) 689 (whether goodwill asset or not) Facts D who was one of eight partners in a firm, died on February 20, 1957. By virtue of a provision in the partnership deed, the business of the firm was continued by the…