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Judgment Search Results Home  Phrase:indian contract act 1872  Court:chennai

Feb 26 2008

Suguna and K. Devi Vs. Vinod G. Nehemiah and Ors.

  • Decided on : 26-Feb-2008

Court : Chennai

Reported in : 2008(2)CTC433; 2008(2)CTLJ223(Mad); (2008)5MLJ167

... in the suit. Learned Counsel appearing for both sides made a reference to Section 16 of the Indian Contract Act, 1872. In this connection, a reference to Section 111 of the Indian Evidence Act needs to be made. The Section reads as follows:Where there is a question as to ... Indian Contract Act, 1872, a person is deemed to be in a position to dominate the will of another 'where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other.' As per Sub-section (3), where a person who is in a position to dominate the will of another, enters into a contract ... the question of undue influence, learned Judge erred in placing the burden on the appellant. Pointing out to Section 16 of the Indian Contract Act, 1872, learned senior Counsel submitted that there was absolutely no pleading or evidence or facts pointing out or substantiating the allegation on undue influence. ... unsustainable.14. Per contra, learned Counsel appearing for the respondents placed reliance on the provisions of Section 16(2)(b) of the Indian Contract Act, 1872 and the various circumstances narrated in the plaint to point out that the deceased was under the undue influence of the first appellant ... on grounds of undue influence and fraud played on, it was pointed out that with reference to Section 16(3) of the Indian Contract Act, 1872, the first appellant admitted that she maintained a fiduciary relationship with the deceased Nehemiah; as such, she was in a position to ...

Aug 30 2011

C.Chandrasekaran Vs. R.Srinivasan

  • Decided on : 30-Aug-2011

Court : Chennai

... Indian contract Act, 1872 and ultimately observed that doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of Section 56 of the Indian Contract Act. Further the Honourable Apex Court has held that provision of section 56 of the Indian Contract Act, 1872 ... Indian Contract Act, 1872 and the same reads as follows: Agreement to do impossible Act.-An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful.-A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act ... act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful.-A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. 28. It is a pristine principle of law that Section 56 of the Indian Contract Act, 1872 ...

Apr 16 1970

The Special Officer, Amaravathi Co-operative Sugar Mills Vs. D.V. Thir ...

  • Decided on : 16-Apr-1970

Court : Chennai

Reported in : (1973)2MLJ361

... contracts entered into under the Indian Contract Act 1872, and therefore the provisions of Section 74 of that Act cannot be applied in the present case. There is no such thing as a contract entered into under the Indian Contract Act, 1872, and a contract not so entered into. The Indian Contract Act 1872, lays down certain general principles regarding formation of contracts, performance of the contracts, the consequence of breach of contracts ... Indian Contract Act 1872, and therefore the provisions of Section 74 of that Act cannot be applied in the present case. There is no such thing as a contract entered into under the Indian Contract Act, 1872, and a contract not so entered into. The Indian Contract Act 1872, lays down certain general principles regarding formation of contracts, performance of the contracts, the consequence of breach of contracts etc., as applicable to all kinds of contracts ... contract entered into under the Indian Contract Act, 1872, and a contract not so entered into. The Indian Contract Act 1872, lays down certain general principles regarding formation of contracts, performance of the contracts, the consequence of breach of contracts etc., as applicable to all kinds of contracts. Though the said enactment does not purport to deal exhaustively with any particular chapter or sub-division of the law relating to contracts ...

Mar 23 2007

Dadha Estates Pvt. Ltd., rep. by its Managing Director, Mr. Mahendar D ...

  • Decided on : 23-Mar-2007

Court : Chennai

Reported in : AIR2007Mad217

... Act, 2002 when the secured creditor has only a lien on the goods, money or security given under the Indian Contract Act, 1872. In other words, a secured creditor who has got only a lien on the goods, money or security given under the Indian Contract Act, 1872 cannot resort to any of the provisions of the SARFAESI Act, 2002. It is a total misinterpretation to say that SARFAESI Act ... SARFAESI Act, 2002 would apply only in a case where the secured creditor started initiating proceedings under the SARFAESI Act, 2002 when the secured creditor has only a lien on the goods, money or security given under the Indian Contract Act, 1872. In other words, a secured creditor who has got only a lien on the goods, money or security given under the Indian Contract Act, 1872 ... security given under the Indian Contract Act, 1872 cannot resort to any of the provisions of the SARFAESI Act, 2002. It is a total misinterpretation to say that SARFAESI Act will not apply in a case where the security was under lien with a third party. Therefore, the argument advanced by the learned Counsel for the applicant that the Act will not have any ... the SARFAESI Act, 2002 enabling the secured creditors to deal with the secured assets, the court finds that Section 31 of the SARFAESI Act, 2002 would apply only in a case where the secured creditor started initiating proceedings under the SARFAESI Act, 2002 when the secured creditor has only a lien on the goods, money or security given under the Indian Contract Act, 1872. ...

Jan 23 2008

Evva Memorial Teacher Training Institute rep. by its Correspondent S. ...

  • Decided on : 23-Jan-2008

Court : Chennai

Reported in : 2008(1)CTC681; (2008)2MLJ123

... the Teacher Training Institute without the approval of the competent authority and whether the same is permissible in view of Section 23 of the Indian Contract Act, 1872 is to be ascertained. Section 23 of the Indian Contract Act clearly states that every agreement, of which, the object or consideration is unlawful, is void. As per Section 23, the consideration or object of ... viz., K. Ravi and the same is impermissible as it is in violation of Section 23 of the Indian Contract Act, 1872. The agreement dated 12.4.2005 is void since both the parties are guilty of violating the provisions of the NCTE Act, 1993. The learned single Judge also held that the right to establish and administer Educational Institution, even ... Indian Contract Act, particularly whether it is forbidden by law or opposed to public policy. As stated supra, the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, and Rules, 1974, enables the parties to transfer the Management of the Schools/Teacher Training Institute, but the certificate of recognition and the No Objection Certificate alone cannot be transferred.15. (a) The contract/ ... and Development) Act, 1948 and the Mineral Concession Rules, 1949 and as such void.14. On the basis of the above judgments we have to analyse whether the agreement is hit by Section 23 of the Indian Contract Act, particularly whether it is forbidden by law or opposed to public policy. As stated supra, the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 ...

Nov 16 1989

Maria Packiam Vs. Valliammal and Anr.

  • Decided on : 16-Nov-1989

Court : Chennai

Reported in : II(1990)DMC568

... invaild under Section 23 of the Indian Contract Act, 1872. It was held that the arbitration agreement executed by the parties on December 30, 1943, was invalid under Section 23 of the Indian Contract Act, 1872 because its consideration was opposed to public policy. Consequently, the award could not be enforced'. (4) T.S. Venkatesa Iyer's The law of Contracts, Vol. 2 Fourth Edition :-- The author ... the provisions of the Arbitration Act, 1940 for setting aside the award on the ground that the consideration for the arbitration agreement was unlawful as it was the promise by the 1st respondent not to prosecute his complaint which involved a non-compoundable offence and, therefore, the agreement was invaild under Section 23 of the Indian Contract Act, 1872. It was held that ... . A-1 will fall within the ambit of Section 23 of the Indian Contract Act. In this view of the matter, the argument of learned counsel for the appellant that the transaction covered by the document Ex. A-1 would fall within the mischief of Section 23 of the Indian Contract Act, cannot at all be countenanced.8. I am to point out here ... counsel would draw my attention to the following decisions and a passage from the 'Law of Contract' by Mr. T.S. Venkatesa Iyer.(1) Meenakshisundarammal v. Subramania Ayyar, : AIR1955Mad369 . A Division Bench of this court considered the effect of Section 23 of the Indian Contract Act as follows :-- 'It may sometime be difficult to draw the line between the acceptance of reparation ...

Apr 12 2001

The Oriental Insurance Company Limited, United India Building 4th Floo ...

  • Decided on : 12-Apr-2001

Court : Chennai

Reported in : AIR2001Mad489

... . Mr. S. Sampathkumar, learned counsel appearing for the respondent/plaintiff, by drawing our attention to amended Section 28 of the Indian Contract Act, 1872, would contend that condition No.19 of the policy is void. He also brought to our notice the Amendment Act I of 1997 published in the Gazette of India, Extraordinary, Part II, Section 2 dated 8.1.1997. Amended Section 28 ... that the said condition in the policy is valid and acceptable. Before considering the decision of the Supreme Court, it is useful to refer the unamended section 28 of the Indian Contract Act, 1872, which stood as on the relevant date:-'28. Agreement in restraint of legal proceedings void, -Every agreement, by which any party thereto is reslricted absolutely from enforcing his rights under ... .19 of the policy is void as per amended Section 28 of the Indian Contract Act; (ii) Inasmuch as the appeal is the extension of the suit, it would be open to this Court to consider the validity of condition No. 19 in view of the amended section 28 of the Indian Contract Act; (iii) Even otherwise, as per condition No.19, twelve months period from ... the Indian Contract Act, the Supreme Court in the above decision has held thus:- (para. 17)'17. From the case law referred to above the legal position that emerges is that an agreement which in effect seeks to curtail the period of limitation and prescribes a shorter period than that prescribed by law would be void as offending Section 28 of the Contract Act. That ...

Jun 23 2008

Chendur Forgings (P) Ltd. Vs. Bhandari Interstate Carriers

  • Decided on : 23-Jun-2008

Court : Chennai

Reported in : AIR2008Mad218; 2008(44)CTC75; 2008(2)CTLJ169(Mad)

... 69(2) of The Indian Partnership Act, 1932 and Sections 16, 196 and 199 of The Indian Contract Act, 1872.12. Section 69(2) of The Indian Partnership Act, 1932, reads as under:69. Effect of non-registration. (1) ...(2) No suit to enforce a right arising from a contract shall be instituted in ... contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm.13. Sections 16, 196 and 199 of The Indian Contract Act, 1872, run as below:16. Undue influence _ (1) A contract ... a clear position to dominate the will of the appellant and even assuming that Ex.A3 is a concluded contract, it will be hit by Section 16 of the Indian Contract Act. Accordingly, the learned Counsel prayed for allowing the appeal.8. In support of his contentions, learned Counsel ... of the suit, it would not non-suit the respondent, in view of the provisions contained under Sections 196 and 199 of the Indian Contract Act. So, the question of non-registration, as contemplated under Section 69(2), does not arise and the respondent can very well file the ... contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other.Nothing in this sub-section shall affect the provision of Section 111 of the Indian Evidence Act, 1872.196. Right of person as to acts done for him without his authority - Effect of ratification.- Where acts ...

Mar 07 1980

S. Perumal Reddiar Vs. Bank of Baroda and Ors.

  • Decided on : 07-Mar-1980

Court : Chennai

Reported in : AIR1981Mad180

... 139 of the Indian Contract Act (Act IX of 1872). Section 133 of the Indian Contract Act reads as follows:- 'Any variance, made without the surety's consent, in the terms of the contract between the principal debtor and the creditor, discharges the surety as to transactions subsequent to the variance.' 28. Section 139 of the Indian Contract Act reads as follows:- 'If the creditor does any act which is ... meaning of Section 20 of the Act.' 27. In support of his contention, the learned counsel for the appellant also refers to the provision under Secs. 133 and 139 of the Indian Contract Act (Act IX of 1872). Section 133 of the Indian Contract Act reads as follows:- 'Any variance, made without the surety's consent, in the terms of the contract between the principal debtor and ... Indian Contract Act reads as follows:- 'Any variance, made without the surety's consent, in the terms of the contract between the principal debtor and the creditor, discharges the surety as to transactions subsequent to the variance.' 28. Section 139 of the Indian Contract Act reads as follows:- 'If the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act ... in Ex. A 3. Under these circumstances I hold that the alterations merle in Ex. A 3 render the deed of guarantee unenforceable under Section 133 of the Indian Contract Act. 43. It is contended on behalf of the appellant that if it is to be held that Ex. A 3 is a valid and enforceable document, under the circumstances ...

Jul 01 1986

Karuppayee Ammal Vs. Karuppiah Pillai and Anr.

  • Decided on : 01-Jul-1986

Court : Chennai

Reported in : (1987)2MLJ138

... course of his evidence as D.W. 1.30. Bearing in mind the relevant provisions of the Indian Contract Act (Act IX of 1872), the Transfer of Property Act (Act No. IV of 1882) and the Indian Registration Act (Act No. XVI of 1908), we find that the allegations made by D.W. 1 in his ... Indian Contract Act (Act IX of 1872). It reads as follows:Coercion is the committing or threatening to commit any act forbidden by the Indian Penal Code (XLV of 1860) or the unlawful detaining, or threatening to detain any property, to the prejudice of any person wherever, with the intention of causing any person to enter into an agreement.Explanation : It is immaterial whether the Indian ... not supported by consideration and that it had been obtained by fraud and coercion. Undue influence is defined by the Indian Contract Act in Section 16 as follows.1. A contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one ... amount to coercion vide Rameshwar v. Upendranath 29 C.W.N. 1029.25. The word 'coercion' appears also in Section 72 of the Indian Contract Act. But it has been held by the Privy Council that to constitute coercion under Section 72, an intention to cause any person to ... burden of proving that such contract was not induced by undue influence shall He upon the person in a position to dominate the will of the other.Nothing in this sub-section shall affect the provisions of Section 111 of the Indian Evidence Act (1 of 1872).19. 'Undue influence' ...

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