Shri Gomathi Wires and Another Vs Diamond Wires Pvt. Ltd.
.... cannot be applied to the suit. 11. The learned Judges appear also to have taken the view that since the goods were not delivered at the times fixed in the contract, and the prices due were not paid at the end of the months, the parties clearly indicated their intention not to abide by the contra ...
Chhattisgarh High Court
Pradeep Kumar Vs Singh Copper and Brass Place
.... ments became due and the Respondent failed to clear the outstanding amount despite repeated demands raised by the Appellant and cause of action lastly arose on 5.4.1995when the last payment was made by the Respondent. 8. Based on the aforesaid pleadings of the parties, the learned trial court fra ...
Delhi High Court
Daulat Feeds Duistributors Vs Razvi Brothers and Shri Mubarak Babalal Razvi
.... nce that the defendant ever had any account submitted to him, or that he ever agreed to be bound by any account and the mere fact that he paid moneys on account of what was due from time to time, for which he was given credit, cannot alter the nature of the plaintiff''s cause of action." "In my ...
Bombay High Court
T.P. Sundaram Vs C.K. Rajeev and Others
.... nd the Appellate Authority dismissed the appeal filed by the tenant and allowed the appeal filed by the landlord fixing fair rent at the rate of Rs. 346.50 per month. The said appeal was disposed of on 31.01.1989. The contractual rent was paid by the tenant only up to 07-11-1981. As per Article 52 o ...
High Court Of Kerala
State of Kerala Vs Chellappan Nair
.... f one party, that opens the door to setting first what that contention is, and then going to the contract on which the parties rights depend to see if that contention is sound." Champsey Bhara and Co. v. Jivraj Balloo Spinning and Weaving Co. Ltd. 50 Ind. App. 324 : AIR 1923 P.C. 66. But this rule d ...
High Court Of Kerala
Mittan Singh and Others Vs Satyawati Devi and Others
.... hether Article 116 of the old Limitation Act governed the suit. 7. Learned Counsel for the applicants urged that the suit being one for recovery of unpaid purchase money by a vendor of Immovable property, Article 111 of the old Act was applicable to it. It was further contended that the suit coul ...
Allahabad High Court
Maharana Bhupal Electric Supply Co. Ltd. Vs The State of Rajasthan
.... rs such rate as may be a reasonable return calculated according to the principles contained in the Sixth Schedule so that it may be an economically sound undertaking and the second was that the electricity should be supplied to the consumer without unduly exploiting the consumer''s needs for electri ...
Rajasthan High Court
Kiritsinhji Bhagwatsinhji Vs Pharamroj Pirojshah Wadia
.... le, the amount due being payable on demand. In our opinion, all these facts and circumstances lead to a reasonable conclusion that the parties treated the transactions as part of one and indivisible over-all arrangement at least impliedly. Thus, although the oral agreement pleaded by the plaintiff i ...
Gujarat High Court
Bibhuti Bhusan Bose Vs National Coal Trading Co.
.... bility for any part of the plaintiff''s claim. On the other hand, it appears from Exs. 1 and 1 (a), dated the 21st December 1954 and the 22nd January 1955, respectively, that the defendant himself made two payments to the plaintiff by cheques for a total sum of Rs. 300. This was after the notice of ...
Patna High Court
A. Mohammad Sheriff and Company, Limited and Others Vs A.P.N. Abdul Jabbar and Others
.... he was entitled to exemption from limitation, he could not be allowed to prove it at the trial. Walsh J. was of the same view in (Baghvatham) Mahadeva Sastrigal Vs. Kariyakara Marulai Reddiar and Others, . In Ramaswami Chetti Vs. Anaiya Padayachi and Others, Venkataramana Rao J. held: It i ...
Madras High Court
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