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

Oct 10 1968

Rama Shankar Singh and Anr. Vs. Mst. Shyamlata Devi and Ors.

  • Decided on : 10-Oct-1968

Court : Supreme Court of India

Reported in : AIR1970SC716; 1970(0)BLJR556; [1969]2SCR360

..... of the lessees is clearly indicated by the provision that entire lease would be terminable on default of payment of rent for two consecutive years. having regard to sec. 43 of the indian contract act, 1872 defendants 1 and 2 were jointly and severally liable to pay the rent. it was not disputed before the high court that the liability of defendant 3 stood on the ..... incidental to the right to enjoy the forest produce. the suit is for recovery of rent in respect of forest produce and having regard to sec. 193 of the bihar tenancy act is governed by article 2(b)(i) of the schedule iii thereto. this view is supported by the decisions of the calcutta high court in abdulullah v. asraf ali, 7 c ..... and consequently the suit in respect of rent for 1356 and 1357 faslis was barred by limitation, and (3) in view of section 67 of the bihar tenancy act the plaintiffs could claim interest at the rate of 6 1/4% per annum only. accordingly the high court allowed the appeal in part and passed a decree against defendants 2 and 2(a ..... suit in respect of rent for fasli years 1356 and 1357 was barred by limitation.6. having regard to sec. 193 all the provisions of the act applied to a suit. section 67(1) provides that arrears of rent shall bear simple interest at the rate of 6 1/4% per annum. the section over-rides the contractual stipulation that the interest would be payable at .....

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Dec 10 1953

Jabalpur Ice Manufacturing Vs. Commissioner Of Income-Tax,

  • Decided on : 10-Dec-1953

Court : Income Tax Appellate Tribunal (ITAT) - Nagpur

Reported in : 195527ITR88(Nag.)

..... legal entity and is entitled to enter into partnership with another firm or individuals.9. partnership as defined in section 4 of the indian partnership act, 1932, does not differ materially from either the definition in section 239 of the indian contract act, 1872, or section i of the english partnership act, 1890. there is no doubt that it would appear from some of the provisions of the ..... shall include any company or association or body of individuals whether incorporated or not." this term has not been defined either in the indian contract act, 1872, or in the indian partnership act, 1932. in the indian income-tax act, 1922, it is defined in section 2 (9) as below : "person includes a hindu undivided family and a local authority." kanga and palkhivala in their book ..... brij kishore v. sheo charan lal, ram das v. ram babu and in the matter of jai dayal madan gopal. the reason for this view is that under section 239 of the indian contract act, 1872, only individuals can combine in a common business and that the term "firm" is only a compendious name for the persons composing the partnership.6. it was, ..... indian partnership act, 1932, that the firm as such is distinct in certain respects from its members. as for instance, in section 14 and 15, the property of the .....

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May 14 1929

Pana Singh Vs. Arjan singh

  • Decided on : 14-May-1929

Court : Mumbai

Reported in : (1929)31BOMLR909

..... . it is plain from the findings that the purchasers postponed completion from time to time for their convenience; and eventually broke the contract, the only question that remains is as to the amount of the3. the effect of the indian contract act of 1872, article 74, is to disentitle the plaintiffs to recover simpliciter the sum of rs. 10,000, whether penalty or liquidated damages ..... . the plaintiffs must prove the damages they have suffered. the only evidence of loss is that of the loss on resale by rs. 1,000. there seem a to be no ..... is rs. 500. the vendors have also received for the value of the stamp paper realised after deducting commission charged in respect of the purchasers' contribution, 689-1-0. this sum, when the contract went off they held to the use of the purchasers, and from the documents it is plain they have always admitted their liability for it, and been prepared ..... stamp paper and registration was to be borne equally. the purchasers were to pay rs. 500 earnest money. 'the party retracting from the contract shall pay rs. 10,000 as pashemana (damages),' vendors-purchasers were each to pay 1 per cent brokerage. no time was fixed for completion but on the same day the purchasers paid the earnest money and were given .....

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Mar 08 1925

Kathu Jairam Gujar Vs. Vishvanath Ganesh Javadekar

  • Decided on : 08-Mar-1925

Court : Mumbai

Reported in : AIR1925Bom470; (1925)27BOMLR682

..... the agreement was an indivisible agreement. a part of a single consideration for one object was unlawful, and, therefore, the whole agreement was void under section 24 of the indian contract act, 1872.6. in the same way in this case the agreement to pay rs. 5co cannot be separated from the agreement to give survey no. 58, ..... part of the property in suit. we think, therefore, that the whole agreement was void. we allow the appeal and dismiss the plaintiff's suit with costs throughout.coyajee, j.7. i ..... thereafter by the plaintiff. the plaintiff sued on the rent-note to recover the sum of rs. 2,000 as rent; and it was held (1) that the contract for indemnifying the pleader for his bail-bond was illegal; and this illegality rendered the sale-deed void in law; (2) that the rent note ..... judge of dhulia by one bhagwan devidas; that on september 23, 1917, when the vakilpatra was given to them, defendant no. 1 made a special contract in the following terms :-i have this day given you a vakilpivtra in the above suit and agree to give you both rs. 500 as inam or reward ..... to be given over to religious or charitable purposes, it could not be considered as consideration given to the pleaders for their services in the suit. i do not think the court need be misled by such an argument. it was intended to be a gift of the property to the pleaders, leaving .....

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Sep 05 1907

Ganesh Narayan Vs. Vishnu Ramchandra

  • Decided on : 05-Sep-1907

Court : Mumbai

Reported in : (1907)9BOMLR1164

..... that the defendant's mental capacity was affected by reason of mental distress so as to bring the case within sub-section (2)(b) of section 16 of the indian contract act. i agree that there is no sufficient evidence to show this. the defendant 1 was a government servant of an highly intelligent class and his mental capacity would probably remain quite unaffected by his financial ..... cannot agree, therefore, with the district judge's view of law that the facts found by him satisfy the first condition of undue influence laid down in clause 1 of section 16 of the contract act. nor can we uphold his view of the law as applied to the facts with reference to the second condition. those facts are that the defendant agreed by ..... khata (ex. 25) was executed by the defendant 'the plaintiff was in a position to dominate his will' within the meaning of that term in clause 1 of section 16 of the contract act. under that clause 'a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position ..... influence consists not in any uncertainty of the law on the subject, but in its application to the circumstances of each case. but the terms of the law embodied in section 16 of the contract act are explicit and admit of no ambiguity. there should be no difficulty as to their application. the law contained in the .....

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Mar 20 1990

M/s. Shyam Biri Works Pvt. Ltd. Vs. U.P. Forest Corporation and anothe ...

  • Decided on : 20-Mar-1990

Court : Allahabad

Reported in : AIR1990All205; (1990)3UPLBEC1643

..... forfeited in the present case? it is the case of the corporation that it was paralysed in finalising the contract. the terms of s. 56 of the contract act, 1872, apply to the present case.35. section 56 lays a positive rule relating to frustration and does not leave the matter of frustration to the court to ..... day. this condition reads:^^10 fufonk lohfr dh lwpuksrk dh lecfu?kr izhkkxh; yksfdd izcu/kd izhkkjh vf/kdkjh] rsunwikk izhkkx]ds dk;kzy; ls jftlvmz i=@i= okgd }kjk srk ds fufonk izi= ij mfyyf[kr irs ij nhtk;sxh a mdr lohfr dh lwpuk ;fn srk dh fufonk dh frffk ls 40 ..... the petitioner company is a biri manufacturer. along with the tenders the petitioner company also forwarded in accordance with the condition of the contract a cheque for rupees fifty lacs dt. 1 aug., 1989 drawn on the state bank of india, allahabad, as earnest money.5. one condition upon which the finalisation of the ..... since the lawyers are on strike and the matter is of consequence, we direct that the petitioner shall serve copies of this petition on the respondents nos. 1 and 2 within two days from today. office shall handover dasti summons to the petitioner. office shall fix 4th october, 1989 as the date on which ..... petitions preferably within a month from the date when the orders in the special leave petition were passed, i.e. 21 sept., 1989.11. the contention of the petitioner company is that the finalisation of its contract with the corporation, in so far as it is concerned cannot depend upon the vagaries of any .....

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Apr 11 1968

Amrit Lal Goverdhan Lalan Vs. State Bank of Travancore and Ors.

  • Decided on : 11-Apr-1968

Court : Supreme Court of India

Reported in : AIR1968SC1432; [1968]38CompCas751(SC); [1968]3SCR724

..... all the rights which the creditor had against the principal debtor' makes it pain that even without the necessity of a transfer, the law vests those rights in the surety. section 141 of the indian contract act, 1872 states : 'a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the ..... the primary agreement, ex. p-1 between the bank and the firm.' we consider that there is nothing in cl. 5 of ex. p-4 to indicate that the appellant is not entitled to invoke the provisions of s. 141 of the indian contract act. in this connection it is necessary to consider the provisions of s. 140 of the indian contract act, 1872 which states : 'where a ..... by the bank cannot be considered to be a 'promise to give time' to the borrowers as contemplated by s. 135 of the indian contract act. in this connection reference should be made to cl. 9 of ex. p-1 which provides that the borrowers shall be responsible for the quantity and quality of goods pledged and also for the correctness of the statements ..... rs. 45,000. clause 5 of the letter of guarantee reads as follows : 'to the intent that you may obtain satisfaction of the whole of your claim against the customer, i agree that you may enforce and recover upon this guarantee the full amount hereby guaranteed and interest thereon notwithstanding any such proof or composition as aforesaid, and notwithstanding any other .....

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May 10 2013

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

  • Decided on : 10-May-2013

Court : Mumbai

..... issue notice of closure as required by mapa and accordingly the question of the petitioners being in default could not and did not arise. it is submitted that under section 39 of the indian contract act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but there has to be an acceptance of such repudiation by ..... article 133(i)(c) of the constitution of india. the first argument advanced by the learned attorney-general raises a somewhat debatable point regarding the true scope and effect of section 56 of the indian contract act and to what extent, if any, it incorporates the english rule of frustration of contracts. section 56 occurs in chapter iv of the indian contract act which relates to performance of contracts and it ..... of the maharashtra legislature attached to the public health and medical education department in its report submitted to the maharashtra legislative assembly had criticized this project and called for reconsideration. i say that since the shareholders agreement dated 10.5.2001 was not made effective, the government reconsidered the pros and cons of going ahead with the said project. accordingly, the .....

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Nov 08 1943

State of Gondal Vs. Govindram Seksaria

  • Decided on : 08-Nov-1943

Court : Mumbai

Reported in : (1944)46BOMLR822

..... . 1 was let into possession on september 9, 1937. letters then passed between the maharaja's ..... executed by the trustees in favour of plaintiff no. 2, the identity of the contracting parties is said to be still material in the events which havehappened, and having regard to section 55 of the transfer of property act, 1882, and section 69 of the indian contract act, 1872, to which i will presently refer.12. the whole of the purchase price being paid, plaintiff no ..... oral evidence to support this contention. therefore, the argument of an implied contract to the contrary must be rejected. it was contended that along with this section the court should read a 69 of the indian contract act, 1872 ; but there, again, plaintiff no. 1 cannot get any relief against defendant no. 1, because plaintiff had not paid any money. the result, therefore, is that ..... as against defendant no. 1 plaintiff no. 1 cannot get any relief.35. i shall next consider the case of plaintiff .....

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Feb 16 1953

Vijayakumar Motilal Vs. New Zealand Insurance Co. Ltd.

  • Decided on : 16-Feb-1953

Court : Mumbai

Reported in : AIR1954Bom347; (1954)56BOMLR341

..... to be dismissed also on this ground.13. it was lastly argued by learned counsel for the defendants that the contract in suit was a contract by a minor and that under section 11, contract act such a contract was was placed on the well-known case of -- 'mohori bibee v. dharmodas ghose', 30 cal ..... disputed that an unpaid vendor of the goods has an insurable interest in the property which is the subject-matter of the contract of insurance.i am supported in this view, which i am inclined to take, by a decision cited before me by mr. k. t. desai learned counsel for the plaintiff. ..... of the usual printed form of policy issued by the defendants which is mentioned in the cover note as forming part of the contract between the parties. i shall fully state this contention of the defendants later on in my judgment.the defendants also contended that there was another misrepresentation made ..... in england are mostly derived from cases relating to marine insurance and principles which have long commended themselves and recognised by english jurists. the indian insurance act, 1938, mainly deals with the law relating to the business of insurance and does not deal with any general principles of the law of ..... his property amounted, so it was argued, to a misrepresentation. it was further argued that this amounted to giving false description of the goods.i really fail to see how describing the goods rightly or wrongly as the sole property of narandas chunilal can be said to be a 'description .....

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