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

Nov 10 1960

V. Kanakaiya Chetty and Co. Vs. The Union of India (UOI), represented ...

  • Decided on : 10-Nov-1960

Court : Chennai

Reported in : AIR1961Mad398; (1961)1MLJ348

... action are not in dispute. they are enunciated in section 72(1) of the indian railways act, and, broadly stated, the responsibility of the administration is that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. further, sub-clause 3 of section 72 specifies that this responsibility is not ... affected by anything relating to the responsibility of carriers in the common law of england or in the carriers act, is well known that a special and ... with the further statutory modifications of that liability. the present liability is primarily that of a bailee upon the standards specified in section 151 of the contract act. following the principles expounded in the leading case of coggs v. bernard, i sm. l. c. 175.i might here observe that the criterion ... its own facts; the decisions can but reiterate the broad principles which i have earlier referred to, and which are not in dispute. thus, in the south indian rly. co., ltd. v. v. m. s. p. bros, : air1932mad545 , there was no actual evidence of theft.further, the learned judges specifically ... goods consisting of 213 steel squares and 183 steel flats (of 18 feet length) weighing 20 tons. this consignment was despatched on 13-12-1953 by the indian iron and steel co., ltd., burnpur, west bengal, at railway risk under r. r. no. 46111, through wagon n. w. 50009 k. c. ...

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Feb 06 2002

Alphonse Vs. S. Dharmaraj

  • Decided on : 06-Feb-2002

Court : Chennai

Reported in : (2002)2MLJ185

... show that all these documents wereunconscionable on the face of it and therefore, they would clearly come undersub-clause (3) of section 16 of the indian contract act, 1872 and therespondent has not discharged his burden. (c) the respondent has not issued any reply to the legal notice issuedby the appellant, ex.a ... onwardsand hence, there was no domination by the husband against the wife and thattherefore, there can be no presumption under section 16 of the contract act.22. the respondent has admitted in his evidence as d.w.1 as follows :'on 13.7.1988, the appellant returned to pondicherry from ... person who was dominating the will of the other person,to prove that such contract was not induced by undue influence. the word'shall' found in section 16(3) of the contract act indicates that thepresumption is mandatory. the concomitant position is that if the burden isnot discharged, the ... case, their lordships held that if itis established that a person, who is in a position to dominate the will ofanother, entered into a contract with him and if the transaction appeared,either on the face of it or on evidence adduced, to be unconscionable, thenthe burden is upon the ... subject matter of interpretation by thesupreme court in p. rajagopal reddy & others vs . padmini chandrasekaran , wherein, while upholding section 4(2) of the act, their lordships held that all real owners who stake their claim regarding benami transaction, after sections 4(1) and 4(2) came into operation, are ...

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Sep 12 1973

K.R. Rajamanickam Chettiar and Ors. Vs. The Union of India

  • Decided on : 12-Sep-1973

Court : Chennai

Reported in : AIR1974Mad375

... liability of the respondent was only that of a bailee and in this context alone had referred to ss. 151, 152 and 161 of the indian contract act, 1872, and the decisions of courts with reference there to unfortunately, the learned judge completely failed to take note of the fact that the liability of ... escape from liability. in view of the fact, that the trial court was absolutely oblivious to the change effected in section 73 of the indian railways act by act 39 of 1961, it had no occasion to frame the necessary issues and concentrate its discussion on the real points that had to be ... reasonable foresight and care in the carriage of the animals or goods.' the effect of the amendment made to sections 73 and 74 of the indian railways act by central ct no. 39 of 1961, which had come into force by the time the consignment in question was booked has been considered ... transit, of animals or goods delivered to the administration to be carried by railway, arising from any cause except the following, namely- (a) act of god; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under legal process; (e) orders of restrictions imposed by the central government or a ... state government or by any officer or authority subordinate to the central government or a state government authorised in this behalf; (f) act or omission or negligence of the consignor or the consignee or the agent or servant of the consignor or the consignee; (g) natural deterioration or ...

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Mar 28 2002

R. Baskar Bhat Vs. Hindustan Petroleum Corporation Ltd., Chennai

  • Decided on : 28-Mar-2002

Court : Chennai

Reported in : AIR2002Mad330; (2002)2MLJ214

... plaintiff for arrears of rent for the months of february and march, 1997 would amount to unjust enrichment attracting sections 69 and 70 of the indian contract act, 1872. 13.14. since the plaintiff failed to prove the delivery of possession immediately after the execution of the lease agreement dated 27.1.1997, ... and such a demand would, otherwise, amount to unjust enrichment, which is opposed to the principles laid down under sections 69 and 70 of the indian contract act. (iv)since the rent due for the months of february and march, 1997 was a dispute due to the delay in handing over possession of ... agreed between the parties, viz., from 1.2.1997, which term cannot be permitted to be altered by either side, as the words of the contract are clear in this respect, and there is very little for the court to do about it, as held by the apex court in provash chandras ... by the apex court in provash chandras & another v. biswanath bannerji & another reported in , and in construing a contract, the court therefore, must look at the words used in the contract unless they are such that one may suspect that they do not convey the intention correctly. if the words are clear, ... had rectified their failure. it is under such circumstances, the defendant - corporation seeks the relief against forfeiture under section 114 of the transfer of property act, 1882, which reads as follows:'section 114 - relief against forfeiture for the non-payment of rent - where a lease of immovable property has determined ...

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Jul 28 1998

M/s. G.V. Films Limited, 4, Seshadri Road, Alwarpet, Chennai-600 018 V ...

  • Decided on : 28-Jul-1998

Court : Chennai

Reported in : [2000]100CompCas257(Mad); 1998(2)CTC518

... to be decided whether the person who utilises the amount is bound to repay the same with interest, in view of section 72 of the indian contract act, 1872 and whether a constructive trust can arise over a wide variety of situations. a similar question of mistaken credit in the account of a person by ... thereto. the next aspect to be considered is, whether the debts recovery tribunal is empowered to deal with contentitious, issues alleged to be based on contracts other than those relating to advance of moneys by banks or financial institution preferably, for the money advanced by the banks and requires liability to ... the word debt is of large import, including not only debts of record or judgment, and debts by speciality, but also obligations arising under simple contract, to a very wide extent, and in its popular sense includes all that is due to a man under any form of obligation of promise. ... the terms relating to the units and the transfer thereof by the appellant to the respondent no.2. this is an issue relating to the contract between the parties and not related to any debt due by the appellant to the respondent no.1. lastly, he contended that whether the dividend ... a bank arose for consideration in s. kotrabasappa v. the indian bank, : air1987kant236 , and the karnataka high court has held thus: 'according to cardozo, j., 'a constructive trust is a formula through which the conscience ...

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Apr 12 2001

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

  • Decided on : 12-Apr-2001

Court : Chennai

Reported in : AIR2001Mad489

... 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 ... . 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 ... rights, is void to that extent..' mr. sampathkumar while stating that the present appeal is the extension of suit, in view of the amendment made to section 28 of the indian contract act, the day on which this court considers condition no.19, its validity or otherwise is to be decided. no doubt, with regard to the said contention, mr. nageswaran, learned ... the time being as to reference to arbitration.' with reference to the condition of the policy providing shorter period than the period prescribed by law, namely, section 28 of 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 ...

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Nov 18 1959

Sorabji Hormusha Joshi and Co. Vs. V.M. Ismail and Anr.

  • Decided on : 18-Nov-1959

Court : Chennai

Reported in : AIR1960Mad520

... this claim for damages will not lie.(6) the law covering both these points is the same in england, u. s. a. and india.(7) before the passing of the indian contract act, 1872, the rules of english law, including those in the statute of frauds were applied within the limits of the presidency towns. the 'sales' chapter of the ... to import analogies from the decisions of the english 1926-27 an exhaustive examination of the case law bearing on certain portions of the indian contract act was made and in 1928 a draft bill was prepared under the aegis of the late d. f. mulla who was then the law member of the government of india ... indian contract act represented generally the english law on the subject as it then stood, except in one or tow important particulars e. g., market-overt. the indian contract act only laid down simple and elementary rules. it was not exhaustive and on various occasions the courts had ... of 1930, rameshwar dial's. the indian sale of goods act (1953), pollock and mulla's indian sale of goods and partnership act (1950) and g. n. sinha's sale of goods act (india and pakistan), 1957 edn.(9) the civil law holds that warranty enters into and forms an integral part of the contract of sale itself. according to common law the obligation is derived ...

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Jun 14 1997

State Bank of Mysore Vs. Lakshmi Construction P. Ltd. and Ors.

  • Decided on : 14-Jun-1997

Court : Chennai

Reported in : [2001]103CompCas258(Mad)

... the statutory bar under the reserve bank of india rules and regulations regarding nonresident account with nationalised banks is liable to fall within the mischief of section 23 of the indian contract act, 1872, and as such opposed to public policy and cannot be enforced. however, without prejudice to the aforesaid contention, it was stated that a reading of the plaint would show that ... basis of exhibit p-18 cannot be valid in law but, however, void and exhibit p-18 is totally against the public policy as envisaged under section 23 of the indian contract act. 23. though two case-1aws in the following cases, r.m.s.s. chettiar v. gain cheng kiet, : air1974mad349 and escorts ltd. v. union of india [1985] 57 comp cas ... property of the customer that is defendants nos. 1 to 4 herein and not against the deposits made by defendants nos. 5 and 6 pursuant to section 171 of the indian contract act. 21. from a bare perusal of exhibit p-18, the letter, it is noticed that the letter itself does not create a lien and that it has been stated only ... favour of the plaintiff and that they are unnecessary parties and that letter exhibit p-18 is directly hit by section 47 of the foreign exchange regulation act as well as section 23 of the indian contract act and that inasmuch as the said defendants nos. 5 and 6 had not created any lien nor received any consideration from the plaintiff, the plaintiff cannot ...

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Sep 04 2002

Venkata Subramaniam and Velmurugan Vs. M. Dhanapal,

  • Decided on : 04-Sep-2002

Court : Chennai

Reported in : (2002)3MLJ527

... ) insofar as it is opposed to the nature of the interest affected thereby or (2) [for an unlawful object, or consideration within the meaning of section 23 of the indian contract act, 1872 (ix of 1872)], or (3) to a person legally disqualified to be transferee.'the advocate for the respondents submitted that on the date when the settlement deed was executed in favour of ... considered as opposed to public policy. settlement is made only by way of security for the second wife and it is not forbidden under law. 11. section 23 of the indian contract act, 1872 speaks about the consideration and objects, which are lawful and unlawful, reads as under:'the consideration or objects of an agreement is lawful, unless, it is forbidden by law or ... ex.a.1 was not proved, in accordance with law, the suit is barred by time and ex.a.1 is also against the provisions of section 23 of the indian contract act. therefore, the decree and judgment of the lower appellate court are liable to be set aside. accordingly, they are set aside.13. in the result, the second appeal is allowed ... limitation? 3. whether the lower appellate court is correct in law in holding ex.a.1 is hit by section 6(k) of the transfer of property act, read with section 23 of the indian contract act as being opposed to public policy? 8. the learned advocate for the appellants has submitted that the suit property originally belonged to agilandammal as she had purchased ...

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Mar 29 1984

Arul Murugan Traders Vs. Rashtriya Chemicals and Fertilizers Ltd. and ...

  • Decided on : 29-Mar-1984

Court : Chennai

Reported in : (1984)2MLJ375

... be the approach to be made by courts when bank guarantees are invoked, after referring to sections 126, 128, 133, 140 and 145 of the indian contract act, 1872, dealing with indemnity and guarantee, he refers to united commercial bank v. bank of india, : [1981]3scr300 , wherein it was held that it ... to the effect that a letter of credit sometimes resembles and is analogous to a contract of guarantee, overlooks the fact that a letter of credit could not come within the definition of section 126 of the contract act, and, hence, in so far as india is concerned, the bank guarantee like ... guarantees being invoked, and that inter se disputes between contracting parties cannot be taken into account by the bank. 8. the contention of mr. s. gopalaratnam, learned counsel, is that, the decisions ... unwarranted. in paragraph 41 it is stated (p. 206 of 52 comp cas) : 'a letter of credit sometimes resembles and is analogous to contract of guarantee ... to warrant interference by an injunction.' counsel for the defendants also relies upon the same decision to plead that courts cannot intercept bank ... between the seller and the buyer, and that only in extraordinary circumstances, an injunction could issue. with fraudulent intention if a party to the contracted invokes a bank guarantee, no court could allow an illegality being committed, merely because the relief claimed is in respect of a bank guarantee ...

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