Citation: AIR 1951 SC 144 Facts Plaintiffs, as agents of the defendants had stored the goods in Government godowns, requiring permit to supply them to the defendants. In the meanwhile, due to the fire in godown, the goods got burned up and plaintiffs got compensation of 50% of damage caused in respect of the goods as…
Jagannath Patnaik vs. Sri Pitambar Bhupati Harichandan AIR 1954 Ori 241 Key Words: implied condition, agency FACTS Defendant was the heir of the property of the deceased who had before his death employed plaintiff as the ‘dewan’ of the said property for a continuous period of 7 years. Plaintiff brought the present suit when defendant terminated…
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…
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,…