There is no order without systematised restraint. It is of the essence of this concept that both the agreement and the sale should relate to the same subject-matter. The appellant answered the issue on 21. There is no liberty without order. Thus, the exchange of the notices aforesaid was a prelude to the institution of the suit on January 5, 1943, that is to say, even before the fresh lease had been executed by the Government in favour of the contesting defendants 1 to 7.
It is somewhat doubtful, having regard to the terms of s. 43, that such a declaration in the present suit would be binding on respondents I and 2 as they would not be claiming their right to inheritance through the appellant and respondent 3 respectively. If, therefore, on the death of respondent 3 a question arose as to who were entitled to inherit his estate, respondents I and 2 would not be able to question the rights of the appellant and her children and they would be adversely affected by the declaration.
It was urged, however, that unless respondents 1 and 2 are now given an opportunity to show that there was no valid marriage between the appellant and respondent 3, a declaration that there was a marriage between these two persons would be binding on them by virtue of the provisions of s. Where the goods delivered under the contract are not the goods contracted for, the purchaser has got a right to reject them, or to accept them and claim damages for breach of warranty.
1987, the Appraiser of Customs House, Bombay issued a query memo with regard to the printing capacity of the imported machine which had been shown in the import invoice as 36,000 copies per hour, but was shown as 25,000 in the leaflet furnished along with the Bill of Entry. It has been already stated that, both under the common law and the statute law relating to sale of goods in England and in India, to constitute a transaction of sale there should be an agreement, express or implied, relating to goods NRI Legal Services to be completed by passing of title in those goods.
We are accordingly of NRI Legal Services opinion that on the true interpretation of the expression ” sale of goods ” there must be an agreement between the parties for the sale of the very goods in which eventually property passes. They are the essence of liberty. If the words ” sale of goods ” have to be interpreted in their NRI Legal Services sense, that sense can only be what it has in the law relating to sale of goods. Some other queries were also raised.
Assuming, however, that such a declaration would be binding on them, that would be no justification for their being impleaded in the present litigation where the issue is NRI Legal Services not one of inheritance but one of marriage between the appellant and respondent 3. Restraints are the substance without which liberty does not exist. For some reason, that was not done and it was more so as the appellant had itself prayed for declaration to this effect in the writ petition, which means it called upon the High Court to decide this issue.
Under the law, therefore, there cannot be an agreement relating to one kind of property and 414 a sale as regards another. The appellants Posited the amount and got Possession of the land. If the submission has any substance it might as well be said by any one that he should be impleaded as a party to a suit and should be allowed to contest the suit, although there was no cause of action against him, because the decree in the suit would bind him on the ground of res judicata.
In interpreting an expression used in a NRI Legal Services sense, therefore, we have only to ascertain the precise connotation which it possesses in law. The ratio of the rule of interpretation that words of NRI Legal Services import occurring in a statute should be construed in their NRI Legal Services sense is that those words have, in law, acquired a definite and precise sense, and that, accordingly, the legislature must be taken to have intended that they should be understood in that sense.
it is a composite of restraints. No doubt, when the High Court passed the interim order in favour of the appellant, the High Court could dispose of the writ petition with the observation that the aforesaid issue involved on merit can be gone into by the appropriate authority by putting the machinery of adjudication in motion via Section 28 route. Before the appellants deposited 879 the amount, the respondents who were pre-emptors of an equal degree, filed a suit to enforce their right of pre-emption.
It is therefore impossible to maintain that there is implicit in a building NRI Legal Services contract a sale of materials as understood in law. Upon the sale of certain village land the appellants filed a suit for pre-emption, and a compromise decree was passed allowing pre-emption provided the appellants deposited the purchase amountbvacertaindate. The great problem is to design a system of restraints which will nurture the maximum development of mans capabilities, not in a massive globe of faceless animations but as a perfect realisation, of each separate human mind, soul and body; not in mute, motionless meditation but in flashing, thrashing activity.
We are unable to agree with this contention. In a building contract, the agreement between the parties is that the contractor should construct a building according to the specifications contained in the agreement, and in consideration therefor receive payment as provided therein, and as will presently be shown there is in such an agreement neither a contract to sell the materials used in the construction, nor does property pass therein as movables. The great problem of the democratic process is not to strip men of restraints merely because they are restraints.
43 of the Specific Relief Act.