Law and Case Commentaries

  House or Estate Agent: A house or estate agent is in a different position from a broker at the stock exchange owing to the peculiarities of the property with which he is to deal which does not pass by a short instrument as stocks and shares do but has to be transferred after investigation of title as to which various special stipulations, which might be of particular concern to the owner, may have to be inserted in a concluded contract relating to such property. - Kekewich J. in Chadburn v. Moore [ 67 L.T. 257.] [1] The parties therefore do not ordinarily contemplate that the agent should have the authority to complete the transaction in such cases. That is why it has been held, both in England and here, that authority given to a broker to negotiate a sale and find a purchaser, without furnishing him with all the terms, means "to find a man willing to become a purchaser and not to find him and make him a purchaser"[1] Where a contract is concluded with the purchaser,...

  Scope of Article 136: The article occurs in Chapter IV of Part V of the Constitution "The Union Judiciary." The language employed in this article is very wide and is of a comprehensive character. Power given are of an overriding nature.[1] It is fully recognized that the scope of Art. 136 of the Constitution is very wide, but the significance of the language used in the section can be appreciated only by comparing it with the articles which precede it. Art. 132 deals with the Appellate Jurisdiction of the Supreme Court in cases involving a substantial question of law as to the interpretation in the Constitution, and the words used in that article are : "appeal........ from any judgment, decree or final order." Art. 133 deals with appeal in civil matters and the same words are used here also. Art. 134 deals with appeals in criminal matters, and the words used in it are; "appeal........ from any judgment, final order or sentence." In Art. 136, the wor...

The nature of the duties and functions of the Industrial Tribunal: In Case of Bharat Bank Ltd. Case, H J Kania, CJ opined that, “the functions and duties of the Industrial Tribunal are very much like those of a body discharging judicial functions, although it is not a Court. The rules framed by the Tribunal required evidence to be taken and witnesses to be examined, cross-examined and re-examined. The Act constituting the Tribunal imposes penalties for incorrect statements made before the Tribunal. While the powers of the Industrial Tribunal in some respects are different from those of an ordinary Civil Court and it has jurisdiction and powers to give reliefs which a Civil Court administering the law of the land (for instance, ordering the re-instatement of a workman) does not possess in the discharge of its duties it is essentially working as a judicial body. The fact that it determination has to be followed by an order of the Government which makes the award binding, or that in cas...