either on the ground of ratification or on the ground of implied agency in the light of the conduct of the parties and the evidence ... learned Counsel would maintain that the concept of agency and the implied agency or the ratification are conflicting stands since they do not co-exist
Subhani Devi being husband and wife there was an implied agency between them, especially when Smt. Subhani Devi does not come to challenge ... that the courts below have wrongly held that there existed an implied agency between Uma Kant and his wife, Smt. Subhani, and further submitted that
those facts, the High Court held that a case of
implied agency had been established. We are unable to
take a different view ... creditor that the husband has expressly or impliedly
approved what the wife has done. An implied agency
of a wife of her husband arises
relationship indicated otherwise.
The Court invoked the principle of "implied agency" under
Section 187 of the Indian Contract Act, 1872. It reasoned
that ... committed a fundamental error in law by holding that an
"implied agency" existed between the Appellant and
Respondent No. 5. It is contended
possible to frame an exhaustive definition of
what executive function means and implies. Ordinarily the
executive power connotes the residue of governmental
functions that remain ... made an absolute
or rigid division of functions between the three agencies of
the State. To the executive, exercise of functions
legislative or judicial
payment having
been made to the creditor. Even if no such implied
agency can be inferred, the Court is constituted as a
statutory agent because
provisions of R. 3 of the Andhra Pradesh Agency Rules, the Agency Courts have been conferred exclusive jurisdiction to try all suits of a civil ... Scheduled Area and we do not find any express or implied provision in the Agency Rules which excludes the jurisdiction of Civil Courts from taking
Bankey Lal And Ors. vs Durga Prasad And Ors. on 13 April, 1931
Equivalent citations
cases of implied agency).
19. Nor do I think it was the intention of the Legislature by this section to abrogate the well-established
said submission.
The word "through" in this context would imply
"agency". Thus only when a person acquires some
property through