Samuel Pillai vs Ananthanatha Pillai (1883) ILR 6 Mad 351 Key Words: sufficient consideration, debt barred by limitation, nudum pactum FACTS Administratrix of the deceased whose property was inherited by the defendant entered into an agreement with the latter to convey the title in the property without deducting the debt, which was barred by the limitation,…
Union of India (UOI) and Ors. vs. Bhim Sen Walaiti Ram AIR 1971 SC 2295 Key Words: provisional Acceptance, offer, absolute acceptance FACTS In an auction held for the sale of license of liquor shop, defendant offered the highest bid which was provisionally accepted “…subject to the confirmation of Chief Commissioner who may reject any…
Sales Tax Officer, Banaras and Ors. vs. Kanhaiya Lal Mukundlal Saraf AIR 1959 SC 135 Key Words: mistake, mistake of law, mistake of fact, equitable consideration FACTS Plaintiff claimed refund under section 72 of the sales tax levied by the defendant for the forward transactions entered into by the former, after the impugned collection of tax…
GREEV vs. KETTLE Key Words: mutual mistake in guarantee, estoppel, rectification Facts: Defendant Company (S), in consideration of Plaintiff Company’s (C) giving credit to principle debtor (D), guaranteed the payment of debt, which was stated in deed to be secured by ‘validly issued shares in Company’. Though both S and C believed this fact to…
Gray vs. Lewis AND Parker vs. Lewis (1873) 8 Ch App 1035 Facts: A shareholder, when initiated suit for damages against plaintiff-bank and defendant (who was the director of the plaintiff bank as well), director of a liquidated company for fraud and mala fide holding of accounts, got judgment against the bank and the defendant…
Kailash Sharma vs. The Patna Municipal Corporation and Ors. Citation: CWJC No. 9730 of 2006 Full Text here Facts: The Appellant-Company sold a certain number of fogging machines (used for killing mosquitoes) to the Respondent-Corporation for which the payment had to be made within one week of delivery. The Respondents did not pay within one week….
State Bank of Saurashtra vs. Chitranjan Rangnath Raja and Anr. Citation(s): 1980 AIR 1528, 1980 SCR (3) 915 Full Text here Facts: The appellant-bank allowed a cash credit facility limited to Rs. 75,000/- to the Principal Debtor (PD) on his pledging 5,000 tins of groundnut oil under the lock and key of the Bank and on…
Charan Singh vs Security Finance (P) Ltd. Citation(s): AIR 1988 Delhi 130 Full Text here Facts: The creditor after obtaining the money decree against the two principal debtors (PDs) and the Surety, holding them liable severally as well as jointly, decided to pursue his cause of action against the Surety, after he arrived at an agreement…
Aziz Ahmad vs. Sher Ali and Others Citation: AIR 1956 All 8 Full Text here Issue: Whether a surety is discharged when the creditor allows the execution of his decree against the ‘principal debtor to be barred by limitation. Position in England: In England, a failure to sue the principal debtor until recovery is barred by…
Citation(s): [1947] KB 130, [1956] 1 All ER 256, [1946] WN 175 Full Text here Key Words: Estoppel by conduct Facts: High Trees (HT) in this case had leased out a new block of flats from Central London Property Trust (CLP) at a ground rent of £2,500 in 1937. HT faced difficulty in getting tenants for all the…
Exphar SA and Anr. v. Eupharma Laboratories Ltd. and Anr. (2004) 3 SCC 688 The appellant and M/s. Shreechem Laboratories filed a suit before the Hon’ble High Court of Delhi for infringement of Copyright in packaging, layout and design of their medicine ‘Maloxine’ along with a claim for passing off. The claim of the appellants…
The Pioneer Container KH Enterprise v. Pioneer Container [1994] 2 AC 324 FACTS: The plaintiffs (owners) contracted with the freight carriers (first bailee) for the carriage of their goods by container from Taiwan to Hong Kong. The carriers issued the plaintiffs with bills of lading which provided that the carrier was entitled to sub-contract ‘on…