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…
Coggs v. Bernard (1703) 2 Ld Raym 909 (hiring of labour or services without reward, duties owed by a bailee) FACTS: The defendant undertakes to remove goods from one cellar to another and there lay them down safely, and he managed them so negligently that for want of care in him some of the goods were…
Chairman L.I.C v. Rajiv Kumar Bhaskar 2003 ACJ 86 (Implied Agency) FACTS: As per L.I.C salary saving scheme the employer was to deduct the premium from the salary of the employee and deposit with L.I.C. All the related procedures were the responsibility of the employer. Upon death of the concerned employee, the heirs found the…
Bolton Partners v. Lambert (1889) 41 Ch D 295 (ratification, retrospective effect) FACTS: An offer of purchase was made by the Defendant, A. J. Lambert, to P. A. Scratchley, who was acting as an agent of the Plaintiffs, Bolton Partners (Limited), but was not authorized to make any contract for sale on 8th of December,…
Lala Shanti Swarup v. Munshi Singh 1967 SCR (2) 312 (Section 124 of Indian Contract Act, Implied Indemnity) FACTS: The plaintiff-respondents (PR) mortgage their land to Bansidhar and Khub Chand (BK) for Rs. 12,000. Half of this mortgaged property was then sold by the real owner (PR) to Shanti Saran(S) (defendant-appellant, DA) at Rs. 16,000….
Gajanan Moreshwar v. Moreshwar Madan (1942) 44 BOMLR 703 (Section 124 of Indian Contract Act, when indemnity can be claimed) FACTS: Plaintiff (P) got a plot of land on lease from municipal corp. of Mumbai. P allowed Defendant (D) to erect building on that land. D, in this course, incurred debt of Rs.5ooo from building…