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Judgment Search Results Home  Phrase:indian contract act 1872 section 1

Mar 15 1971

Raghunath Gopal Daftardar Vs. Sau, Vijaya Raghunath Daftardar

  • Decided on : 15-Mar-1971

Court : Mumbai

Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110

... Indian Contract Act, 1872. The question, therefore, is whether the provisions of Section 17 of the Indian Contract Act, 1872, apply to fraud as understood in Section 12(1)(c) of the Hindu Marriage Act, 1955.10. The difficulty arises because the word 'fraud' is not defined in the Hindu Marriage Act, 1955. But in my opinion, the provisions of Section 17 of the Indian Contract Act cannot apply to fraud as understood in Section 12(1 ... Section 17 of the Indian Contract Act, 1872. The question, therefore, is whether the provisions of Section 17 of the Indian Contract Act, 1872, apply to fraud as understood in Section 12(1)(c) of the Hindu Marriage Act, 1955.10. The difficulty arises because the word 'fraud' is not defined in the Hindu Marriage Act, 1955. But in my opinion, the provisions of Section 17 of the Indian Contract Act cannot apply to fraud as understood in Section ... Section 12(1)(c) of the Hindu Marriage Act, 1955, must also be understood in the sense in which it is defined in Section 17 of the Indian Contract Act, 1872. The question, therefore, is whether the provisions of Section 17 of the Indian Contract Act, 1872, apply to fraud as understood in Section 12(1)(c) of the Hindu Marriage Act ...

Apr 01 1968

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers

  • Decided on : 01-Apr-1968

Court : Gujarat

Reported in : AIR1969Guj178; (1969)GLR457

... no doubt argued that Order 30 creates an exception to Section 45 of the Indian Contract Act. We, however, cannot accept this contention of Mr. Nanavati. The said exception in Order 30 is a limited exception as mentioned in Order 30, Rule 4, which runs as under :-- '(1) Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872, where two or more persons may sue or be sued ... of the cause of action. The suit on behalf of the firm can be filed equally by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as we have already discussed, is only a procedural provision for the ... mandatory condition in Section 69(2) would not be fulfilled. Mr. Trivedi is right in pointing out that in cases of co-promisees Section 45 of the Indian Contract Act would require that the promise in their favour can be enforced jointly by all of them. Mr. Nanavati has no doubt argued that Order 30 creates an exception to Section 45 of the Indian Contract Act. We, however, cannot ... Section 69(2) of the Act. The provision of Order 30, Rule 4, therefore, would furnish an additional ground in support of our view that where firm sues all the partners in whose favour the cause of action had accrued are suing and that is why there is no bar of Section 45 of the Indian Contract Act and there would be equally no bar of Section ...

Dec 20 2007

Model Financial Corporation, a company incorporated under the provisio ...

  • Decided on : 20-Dec-2007

Court : Andhra Pradesh

Reported in : III(2008)BC526

... Indian Contract Act, 1872 (9 of 1872) or the Sale of Goods Act, 1930 (3 of 1930) or any other law for the time being in force;(b) a pledge of movables within the meaning of Section 172 of the Indian Contract Act, 1872 (9 of 1872);(c) creation of any security in any aircraft as defined in Clause (1) of Section 2 of the Aircraft Act ... Section 172 of the Indian Contract Act, 1872 (9 of 1872);(c) creation of any security in any aircraft as defined in Clause (1) of Section 2 of the Aircraft Act, 1934 (24 of 1934);(d) creation of security interest in any vessel as defined in Clause (55) of Section 3 of the Merchant Shipping Act, 1958 (44 of 1958);(e) any conditional sale, hire-purchase or lease or any other contract ... Act shall not apply to-(a) a lien on any goods, money or security given by or under the Indian Contract Act, 1872 (9 of 1872) or the Sale of Goods Act, 1930 (3 of 1930) or any other law for the time being in force;(b) a pledge of movables within the meaning of Section 172 of the Indian Contract Act, 1872 (9 of 1872 ... Act reads as hereunder:31. The provisions of this Act shall not apply to-(a) a lien on any goods, money or security given by or under the Indian Contract Act, 1872 (9 of 1872) or the Sale of Goods Act, 1930 (3 of 1930) or any other law for the time being in force;(b) a pledge of movables within the meaning of Section 172 of the Indian Contract Act, 1872 ...

Jan 21 1999

Prasar Bharati Broadcasting Corpn. of India Vs. Debyajoti Bose<br>And< ...

  • Decided on : 21-Jan-1999

Court : Kolkata

Reported in : (1999)2CALLT183(HC)

... contract. The proposition as expounded in the said Judgment appears to be fitting in the facts of the instant case to the extent that even though in terms section 115 of the Evidence Act does not strictly apply but still it is open to a party who has acted on the basis of a representation though not recorded in the form of a format contract ... of the petitioners they have undergone substantial exercise in undertaking financial obligation in steering the said programme as proposed to be telecast through DD-1 and DD-7 channels of Doordarshan Kendra. it further appears that lot of recommendations have also been annexed by eminent persons including members of ... section 115 of the Evidence Act, itis still open to a party who has acted on a representation made by the Government to claim that the Government shall be bound to carry out the promise made by it even though the promise Is not recorded fn the form of a formal contract. ... resolution by circulation is ultra vires the provisions of the Prasar Bharati (Broadcasting Corporation of india) Act, 1990. In support of the said provisions Mr. Pal has referred to sections 8(1) and 8(4) of the Act and according to him the same has not been done in accordance with the said ... Mr. Pal has referred to sections 8(1) and 8(4) of the Act and according to him the same has not been done in accordance with the said provisions. His principal chalenge is that resolution by circulation is ultra vires the provisions of the said Act as no sanction has been ...

Nov 20 1979

Tata Engineering and Locomotive Co. Ltd. Vs. Bharat Mining Corporation ...

  • Decided on : 20-Nov-1979

Court : Mumbai

Reported in : AIR1980Bom168

... Section 29, of the said Act which provides that certain contracts are to cease to have effect unless ratified by Government. I do not think that it is necessary for me to express any opinion as to the effect of the letter dated 27-8-1973, in the light of the provisions of Section 29 Of the said Act ... the agreements, Ex. B (collectively), and that th.e same did not amount to an encumbrance, . falling within the expression ''encumbrance' in Section 3(1) of the said Act. This submission is based on the opinion of the Division Bench of this Court in National Textile Corporation v. State of Maharashtra : AIR1976Bom28 ... relied on the circumstance that the Central Government has failed to ratify the contract under Section 29 of the 'said Act, whereunder it was open to defendant No. 4 to take the benefit of proprietary interest or other rights and obligations under the contract. In this connection, Mr. Joshi referred to Ex. D (collectively) and ... 'owner' as defined in Section 2 (1) (1) of the Mines Act, 1952, and submitted that the word 'owner' is not used as owner of the articles under the definition of the word 'mine' in Section 2(h) of the said Act but as denned under Section 2 (1) (1) of the Mines Act, 1952, Owner must be ... the Commissioner under the provisions of the said Act. This defendant is also not bound to carry out any part of the said contract or to pay any amount thereunder. This defendant denies that it owes to the plaintiffs a sum of Rupees 1,67,835/- or any part thereof, as ...

Sep 08 1998

M/s. Raptakos Brett & Co. Ltd. Vs. Ganesh Property

  • Decided on : 08-Sep-1998

Court : Supreme Court of India

Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485

... Section 108(q) of the Property Act itself provides that it is subject to the contract or local usage to the contrary and that Section 4 of the Property Act lays down that chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1972. Our attention, in this connection, also was invited to Section 1 of the Indian Contract Act, 1872 ... Section 4 of the Property Act such a contrary provision in the contract will get saved on the combined operation of Section 4 of the Property Act and Section 1 of the Indian Contract Act, 1872. But that would also be subject to the rider that such an inconsistent contract should not be inconsistent with the provisions of the Indian Contract Act. Thus in absence of any contrary provision in the contract, Section ... contract or local usage to the contrary and that Section 4 of the Property Act lays down that chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1972. Our attention, in this connection, also was invited to Section 1 of the Indian Contract Act, 1872 which provides that :'nothing herein contained shall affect the provisions of any Statute, Act ...

Sep 15 2011

GTL LIMITED AND OTHERS Vs. IFCI LIMITED AND ANR

  • Decided on : 15-Sep-2011

Court : Delhi

... OS) No.1771/2011, defendant No.1 herein in terms thereof issued a notice dated 08.09.2011 showing its intention to sell the invoked shares after giving the reasonable time under the compliance of Section 176 of the Indian Contract Act, 1872. It appears that the plaintiffs have not redeemed the said shares under Sections 176 & 177 of the Indian Contract Act, 1872 after the receipt of notice, rather ... Indian Contract Act, 1872. It appears that the plaintiffs have not redeemed the said shares under Sections 176 & 177 of the Indian Contract Act, 1872 after the receipt of notice, rather they have filed the fresh suit seeking the stay of implementation, operation and effect of notice dated 08.09.2011. 9. Mr. Vikas Singh, learned Senior counsel appearing on behalf of the plaintiffs, has argued that defendant No.1 ... that defendant No.1 was aware that the said Scheme is at an advance stage to refer the matter to the CDR. 6. As defendants No.1 & 2 got the confidential information, they have proceeded to sell/appropriate the suit shares despite of the fact that there was no breach and in fact, in breach of Section 176 of the Indian Contract Act, 1872. The comprehensive ... breach and in fact, in breach of Section 176 of the Indian Contract Act, 1872. The comprehensive detail of the said Scheme was mentioned in the earlier suit in para No.2(n) of the plaint which reads as under:- "2(n) Given the adverse impact that the sudden drop in share price of plaintiff No.1 and defendant Nos.3 and 4, and ...

Jan 16 2001

Classic Builders and Developers Vs. Union of India and Ors.

  • Decided on : 16-Jan-2001

Court : Madhya Pradesh

Reported in : [2001]251ITR492(MP)

... Section 1 of the Indian Contract Act, 1872, which reads 'nothing herein contained shall affect the provisions of any statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act'. Lord Macnaghten applying the aforesaid rule of interpretation observed : the words (page 627) 'not inconsistnet with the provisions ofthis Act ... several words used in the sections of different Acts. If the aforesaid rule is applied for interpreting Sub-section (1A) of Section 131 and particularly to the words mentioned supra then, in my opinion, the words 'referred to in Sub-section (1) ofsection 132 before he takes action under Clauses (i) to (v) of that sub-section' do not qualify the ... The Amending Act, 1987, has further extended the powers to an authorised officer under Sub-section (1) of Section 132 before he takes search and seizure action under Clauses (i) to (v) of that sub-section.' ' (emphasised supplied by me) 20. Applying the principle of the rule of last antecedent, its application to various provisions of Acts by their Lordships ... -General or Director' in Section 2(21), the term also includes a Deputy Director and an Assistant Director. Thus, the powers have been extended to the Director-General, Director, Deputy Director and the Assistant Director. The Amending Act, 1987, has further extended the powers to an authorised officer under Sub-section (1) of Section 132 before he takes ...

Dec 02 1997

V. Sadasivan and 36 others Vs. Binny Limited represented by its Chairm ...

  • Decided on : 02-Dec-1997

Court : Chennai

Reported in : 1998(1)CTC1; [1998(79)FLR97]

... appropriate, in the interests of justice to declare clause 8 of the Agreement of Service, extracted above to be void and unenforceable against the petitioners as being violative of Section 25 of the Indian Contract Act, applying the law declared by the Apex Court in the cases noticed supra. Consequently, the orders of termination in these cases are also declared illegal and non est ... 12 of the Constitution, Rule 9(1) which empowered the Corporation to terminate the services of permanent employees without giving any reason and by giving three months notice or on lieu thereof paying three months basic pay and dearness allowance. Their Lordships of the Apex Court held that such a clause offends Section 23 of the Contract Act, 1872 as being opposed to public policy ... lieu of such notice would be ultra vires Article 14 of the Constitution of India and that such provision would also be opposed to public policy and violative of Section 23 of the Indian Contract Act. The petitioners, even if relegated to the relief of suit or the Industrial Dispute in the labour court, as it may deem fit, there could be no ... termination dated 31-7-1996 issued by the second respondent to the petitioners are void and illegal being violative of Section 23 of the IndianContract Act, 1872, Article 21 of the Constitution of India and Sections 25-F and 25-N of the Industrial Disputes Act, 1947 and consequently direct the respondents to reinstate the petitioners with continuity of service with all arrears of ...

Dec 15 2000

Dalbir Singh alias Vir Singh Vs. Dalbir Singh

  • Decided on : 15-Dec-2000

Court : Punjab and Haryana

Reported in : AIR2001P& H216

... . Free consent as defined in Section 14 of the Indian Contract Act, 1872 means 'when it is not caused by coercion as defined in section 15 or undue influence as defined in Section 16 or fraud as defined in Section 17 or misrepresentation as defined in section IS or mistake subject to the provisions of Sections 20, 21 and 22. ... Singh for possession through specific performance. 4. Dalbir Singh alias Vir Singh son of Hazara Singh filed suit for declaration and rendition of accounts against (1) M/s. Dalbir Singh Harish Kumar commission agents, Cheeka Mandi through its partner Dalbir Singh son of Kartar Singh son of Ganga Singh; (2) Dalbir ... unfair advantage had been taken because of fiduciary character in which they were standing to each other. 'Undue influence' as defined in section 16 of the Indian Contract Act, 1872 means that 'a contract is said to be induced by undue influence where the relation subsisting between the parties are such that one of the parties ... so its effect ? OPP 2. If issue No. 1 is not proved whether agreement dated 25.6.1987 is a validly executed document ? OPP 3. It issue No. 2 is proved whether the defendants have always been ready and willing to perform their part of contract ? OPD 4. If issue No. 2 is ... an unfair advantage over the other; (iii) where a person who is in a position to dominate the will of the other enters into a contract with him and the transaction, appears on the face of it or on the evidence adduced found to be unconscionable, the ...

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