1927 (2) TMI 11 - HC - Indian Laws

Summary

Issues:
Recovery of balance under a contract for overdrafts allowed by a bank - Plaintiff's obligation to pay increased rates of interest - Acceptance of higher interest rates by the plaintiff.

Analysis:
The judgment involves a second appeal by the plaintiff against a bank for the recovery of a balance due under a contract for overdrafts allowed by the bank against a deposit of cotton. The contract specified an interest rate of &8377; 8-8-0 per annum, with provision for variation by agreement. The bank later notified the plaintiff of increased rates of &8377; 9 and &8377; 10 per annum, to which the plaintiff did not object. The plaintiff claimed a balance due after the sale of cotton, ignoring the raised interest rates. The lower courts held that the plaintiff was bound to pay the higher rates based on implied acceptance, as the plaintiff did not protest or clear the accounts with the bank after receiving the notifications.

The judgment delves into the interpretation of Sections 7, 8, and 9 of the Contract Act concerning the acceptance of an offer. It discusses that under Indian law, acceptance must be absolute and unqualified unless specified otherwise by the promisor. The judgment clarifies that acceptance by conduct is limited to specific scenarios, such as performance of conditions or acceptance of consideration. It emphasizes that acceptance by conduct is not a general principle in Indian law and must align with the provisions of the Contract Act. The judgment highlights that no mercantile or trade usage was invoked in this case to support acceptance by conduct.

The judgment scrutinizes the bank's offer to continue loans at higher rates of interest and the plaintiff's acceptance by taking a further loan. It distinguishes between express acceptance and acceptance by conduct, emphasizing that mere silence does not constitute acceptance. The judgment concludes that the plaintiff's acceptance of a further loan implied acceptance of the higher interest rates, leading to upholding the lower courts' decision on different grounds. Judge Iqbal Ahmad concurred with the decision, affirming the finding of the lower courts.