...personally then there is no relationship of agent and principal and the question of disclosed or undisclosed principal are irrelevant, argued Mr. Mehta. He placed reliance on (1) Madangopal v. Narsinghdas & Sons, A.I.R 1951 Raj. 64. in which it has been held:“Negotiable Instruments Act (1881), S. 28-Personal liability of...agent.Where a person after signing his name on a negotiable instrument adds Managing Director or Managing Agent, it is not sufficient to indicate that he is making the Company liable and thereby excluding his personal liability He...on the instrument itself and state that he is doing it for or on behalf of such principal as agent and not in his personal capacity.”(Para 4).15. The emphasis in this...

...Liability of Agent A contract making the agent personally liable has to be presumed to exist where the principal is residing abroad and/or where the principal though disclosed cannot be sued. Further...reported in First Appeal No. 743 of 2012 decided on 16.01.2015 of Delhi State Consumer Disputes Redressal Commission, wherein it has been held that liability of agent booking the ticket. Agent had sold the...ticket on behalf of Airlines as its booking agent. Agent cannot escape the liability. The case titled as Air India and others versus Ranjot Singh and others reported in 2010(3) CPC...

.... Personal liability of the agent is concluded by S. 239 of the Contract Act. In the absence of any contract to that effect, an agent cannot personally enforce contracts..., of six bales at Cochin port.4. Defendants 1 and 2 remained exparte. Appellants mainly denied their personal liability as agents. They also challenged the transposition of fifth...entered into by him on behalf of his principal and conversely he is not personally liable also except to the extent of the liability as agent. But a contract in favour of or against the agent entitling...

...in the law of agency. In England, this particular branch of law is linked up with the mercantile custom that the local agent of the foreign principal had no authority to bind him and was therefore personally liable. Such mercantile usage gave rise to a presumption of the agent's personal liability and...stuck to the view that an agent of a foreign principal is presumed to be personally liable till the contrary is proved. In Rusholme v. Bead, 1955-1 WLR 146 at p. 150, Pearce J. stated as follows:“The fact that a person is agent and is known so to be does not of itself prevent his incurring personal liability. Whether...and terms of the contract and the surrounding circumstances. Where he contracts on behalf of a foreign principal, there is a presumption that he is incurring a personal liability unless a contrary intention appears.”11. Section 230 of the Indian Contract Act embodies, to some extent, the principle of English law, relating to the personal liability of the agent of...

...Agency, 9th Ed. p. 314. Thus in Walter Smith v. Ahmed Abdunbhoy Peerbhoy(1) the personal liability of the agent was inferred from the...defendant, has contended—That, on the case made in the plaint that the defendant was the handling agent, no liability for the short delivery of the goods can be fixed upon the defendant...contracts for sale and purchase of the goods or on behalf of a principal who cannot be sued.The test of the liability of an agent to third parties is whether credit was given to the agent...

...Commission, New Delhi has held that the complaint against the agent is maintainable where he is personally liable. In the present complaint, no personal liability of the agent has been alleged, therefore...referred case are not applicable to the present complaint as the observations made by the Honble State Commission are regarding liability of the agent for fraud and misrepresentation committed by the agent...Ramesh Chand Garg son of Shri Harbilas, Proprietor M/s Balaji Marble House, New Mandi, Narnaul, Now residing at C/o Sumit Enterprises 60/16 Bada Bazar, Sohna Road, Gurgaon...

...provisions of the Customs Act of 1962 has nothing to do with regard to the personal liability of the agent with regard to a cargo claim since the said Act is a special enactment with regard...respondent is not liable to pay the decree amount. It is stated that in paragraph 11 of the Execution Petition, the respondents 1 and 2 have shown the petitioner as agent, which is not acceptable. It is...also stated that if any amount of the petitioner lying in the agent that should alone be attached.3. In the Execution Petition, the second judgment-debtor remained ex parte...

...provisions of the Customs Act of 1962 has nothing to do with regard to the personal liability of the agent with regard to a cargo claim since the said Act is a special enactment with regard...respondent is not liable to pay the decree amount. It is stated that in paragraph 11 of the Execution Petition, the respondents 1 and 2 have shown the petitioner as agent, which is not acceptable. It is...also stated that if any amount of the petitioner lying in the agent that should alone be attached.3. In the Execution Petition, the second judgment-debtor remained ex parte...

...agent.15. According to me, section 230 really grants immunity from personal liability of the agent but suit is not barred.16. The contract to the contrary is to be...party would be reluctant to deal, or about whom the third party knows nothing. In these and other situations the agent may be held to have assumed some form of personal liability. The question whether an agent who...be sued or can sue. Similarly in case of tortuous liability on account of negligence or misfeasance or malfeasance or in case of fraud, the agent can certainly be sued and he can be charged with the...

..., it has been argued that the liability is personal and the legal representatives of the deceased agent cannot be required to render accounts in the same sense in which the agent himself might have...his principal. The contention that the liability was personal and had expired on the death of the agent, was overruled. It was held that if the agent had misappropriated the money, the representative...following in the hands of the agent propetties representing the money for which he ought to have accounted, and the liability to account is irrespective of any express contract to that effect. In so...

...that, for the personal liability of the home agent to accrue, it must be shown that he entered into the contract by or on behalf of his principal, by signing on behalf of his principal or in some other...nuts did not conform to the quality contracted for. So, in the presence of the 2nd respondent who is the agent of the 1st respondent at Bombay, a cutting test of the samples was conducted at Cochin...absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them. Such a contract shall be presumed...

...scope of the Indian Contract or Evidence Acts) English law would be looked to and followed as a guide. The question of the liability of the maker of a note who disclaims personal responsibility on the ground that he signed as agent is...who signs is personally liable unless he indicates on the instrument that he signs as agent or that he does not intend to incur personal liability. It might be said that in view of this difference of language the onus on the party who seeks to avoid personal responsibility on the ground be signed as agent is...on a careful consideration of the terms of the promissory note I am of opinion that there is no indication therein that the maker signed as an agent or did not intend to incur personal liability...

...of the above provision clearly shows that the agent cannot be saddled with personal liability. It is not the case of the plaintiffs that there was any agreement or express contract between the...made the following submissions. The appellant no.1 is a firm of which appellant no.2 is partner, who is canvassing commission agent and broker dealing in grains trade. Admittedly, the...the liability to make payment of the balance purchase price and, therefore, the appellants have rightly been saddled with the decree in question. Consideration: 4...

...provides, a personal liability of the agent. It is relevant to quote Paragraph 7 of the said report which runs thus:“7. The plaintiffs claim is founded on non-delivery of the container...restricted on the point that the suit against an agent of a disclosed principal is not maintainable under section 230 of the Indian Contract Act. The other point taken in..., it is a statutory obligation of the defendant to carry the cargo safely with liability against any damage to the cargo in course of voyage. By letter dated 18th October, 2013, the plaintiff was...

...law no personal liability can be attached to a survey Agent nominated by the insurer. The law does not admit of fastening any personal liability on a survey Agent as it is neither carrying on the trade nor soliciting any business on 3 behalf of the...to the appellant's factory at Rewari. On the other hand the M/s Tata Tea Limited have taken the plea that they are only agent of the Insurance Company and that there exists no privity of contract between the appellant/complainant and the respondents. No personal liability can...occurred is after taking delivery by the complainant at Tughlakabad during onward transmission by the carrier/OP-1 and therefore is the liability of Insurance Company...

...been disclosed, the personal liability of the agent should be upheld on the ground that he did not sign as agent. It is true, in this case, that the formal contract had not been signed by the...disclosed, the personal liability of the agent should be upheld on the ground that he did not sign as agent, is an extreme position. That principle is adumbrated in Parker v. Winlow (1857) 7 Bl...defendant in its written statement has refuted the claim of the plaintiff and mainly contended that the defendant was not liable to be sued by the plaintiff because it acted only as the agent of the...

...promissory note and had in fact executed it as her agent, held that, as the wording of the instrument did not exclude the husband's personal liability, he was liable. Accordingly he granted a decree...representative character, does not exempt him from personal liability.”The corresponding sections of the Negotiable Instruments Act are sections 27 and 28 respectively and they read as follows:“27. Every person capable of binding himself or of being bound, as mentioned in section 26, may so bind himself or be bound by a duly authorized agent acting...whether the maker has excluded personal liability in such a case. Therefore, in turning to examine the decisions of this Court in Koneti Naicker v. Gopala Ayyar and Satyanarayana v. Mallayya we have this factor well established. Of course, if the authority of the agent is...

...principal”. It will be a question of fact in each case, whether the contract is between a principal there and the foreign principal directly, or whether I the home-agent of the foreign principal has entered into the contract. If he has, his personal liability is...ourselves, for the moment, to the strict language and import of our enacted law (section 230 sub-section (1)), it seems clear that, for the personal liability of the home agent to...upon the good faith and solvency of foreigners, while, on the other hand, there is a reluctance in English agents to assume personal liability for foreign principals. In the modern law, therefore, the question whether the agent contracted personally is purely a question of intention...

...without any qualification; prima facie, therefore, he is personally liable. It is argued on behalf of the appellant that there is nothing in the body of the document to detract from the personal liability arising from the fact that the defendant has signed the document without any qualification. It is said that the description "authorised agent" appearing in the first paragraph is only descriptive of the.... Walker (1870) L.R. 5 Ex. 173 and that the words "authorised agent" appearing in Ex. A in the present case exclude the personal liability of the defendant imported by the signature without any qualification.... D. 357 should be followed. 8. The case before the House of Lords was a clear one, as the agent in that case had excluded his personal liability by adding the words "as...

...is that of the steamer company or of the railway administration, that the liability of the principal for acts by himself or his agents or servants remains intact. There is nothing in section 8 or in any part of the law of contract or of law of carriers by which an agent contracting on behalf of known principal is prevented from restricting his own personal liability...delivery to the consignee, and that any liability for loss, damage, destruction, partial or total deterioration, detention and delivery of the goods shall solely rest on the respective carrying...when in transit over the railway system was concerned they as agents were not to be liable for loss caused by their principal or the agents or servants of the principal. The liability for the loss will...