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Search Results Judgments > Act:INDIAN CONTRACT ACT, 1872 Section 1 Court:Jammu & Kashmir

Feb 14 2005

Oriental Insurance Co. Ltd. Vs. Mst. Misra and Ors.

  • Decided on : 14-Feb-2005

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ50

... the various provisions of the Contract Act and held:-15. Sections 51,52 and 54 of the Indian Contract Act can profitably be referred to for the purpose of deciding the point. They are subsumed under the sub-title 'performance of reciprocal promises' in the said Act. Section 1 deals with a contract concerning reciprocal promises to be simultaneously performed and ink such a contract the promise is ... Act. Section 1 deals with a contract concerning reciprocal promises to be simultaneously performed and ink such a contract the promise is absolved from performing his promise unless the promisor is ready or willing to perform his part of the promise. Section 52 says that where the order in which reciprocal promises are to be performed has not been expressly provided in the contract ... that the insured cannot claim performance from the insurer in such a situation.19. Under Section 25 of the Contract Act an agreement made without consideration is void. Section 65 of the Contract Act says that when a contract becomes void any person who has received any advantage under such contract is bound to restore it to the person from whom he received it. So, ... is given, for, the nature of transaction requires that A should have security before he delivers up his stock.16. Section 54 of the Contract Act is to be read in that background. It is extracted below: 'When a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till ...

Apr 16 1985

Mst. Phungan Vs. Chhajju Ram

  • Decided on : 16-Apr-1985

Court : Jammu and Kashmir

Reported in : AIR1986J& K78

... the defendant. He observed : 'I have, therefore, come to the conclusion that the mere fact that a claim under Section 65 of the Indian Contract Act on the basis that the contract had been discovered to be void, was not made by the plaintiff in his plaint, is not by ... No. 1, situate in village Deval, tehsil Samba for a consideration of Rs. 5,000/- out of which they received an amount of Rs. 3,000/- as advance as part of the sale consideration. The plaintiff filed suit for the specific performance of the contract alleging therein that ... under Section 65 of the Indian Contract Act. The Chief Court, however, left the plaintiffs to seek their remedy by a separate suit, since the matter was not pleaded. On appeal, to the Privy Council, it was held that the plaintiffs should not have been refused restitution under Section 65 ... however, further investigation of facts is not necessary, the Court would be justified in giving the plaintiff relief under the provisions of Section 65 of the Indian Contract Act even without a formal amendment of the plaint :' In another authority reported as AIR 1943 PC 29 Mohan Manucha v. Manzoor ... Section 65 of the Contract Act enunciates the principle of restitution and it should be elaborately construed in order to do equity and justice between the parties. The intention of the section is to prevent a party from making an agreement void and retaining the benefits received under it. It is clear from the provisions contained in this section that when a contract ...

Jul 08 2003

Pran Nath Gupta Vs. Union of India (UOI) and Ors.

  • Decided on : 08-Jul-2003

Court : Jammu and Kashmir

Reported in : AIR2004J& K135,2006(2)CTLJ97(J& K)

... for breach of the contract between the parties. Now, it is true that the damages which are claim are liquidated damages under Clause 14, but so far as the law in India is concerned, there is no qualitative difference in the nature of the claim whether it be for liquidated damages or for unliquidated damages. Section 74 of the Indian Contract Act eliminates the somewhat ... the guarantee under Article 14 of non-arbitrariness at the hands of the State in any of its actions'. In Food Corporation of India v. Kamdhenu Cattle Feed Industries, (1993) 1 SCC 71 at p. 76 : 1993 AIR SCW 1509 at p. 1513, in Para 8, this Court held that' the mere reasonable or legitimate expectation of a citizen may not ... the Indian Contract Act eliminates the somewhat elaborate refinements made under the English common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the nature of penalty. Under the common law a genuine press-timage of damages by mutual agreement is regarded as a stipulation naming liquidated damages and binding between the parties; a stipulation in a contract in ... contention of the learned counsel too for the simple reason that a contractual stipulation is a mutual agreement between the parties. It can only be challenged in terms of Section 23 of the Contract Act, if it is against the public policy that too by way of Civil proceedings as it may involve evidence. The contractual stipulations involving only contractual obligations cannot be ...

May 04 1996

Javid Ahmad Zargar and Ors. Vs. Attorney General of India and Ors.

  • Decided on : 04-May-1996

Court : Jammu and Kashmir

Reported in : 1996CriLJ3006

... Section 12 of the Act clearly was a provision which enabled the Designated Court to try cases involving even those offences which were not contained in the Act, but were to be found in some other Penal Laws.14. It shall be advantageous to refer to certain important Sections of the Act. Section 1 reads as under:-1. Short title, extent, application, commencement, duration and savings.- (1) This Act ... Act for the sake of brevity) transferred some cases involving the petitioners herein pending before the Designated Court under the Act at Jammu to the Designated Court under the Act at Ajmer in the State of Rajasthan. In all these five cases, relating to various FIRs, offences under various Sections of the Act and other Penal Laws including Ranbir Penal Code and the Indian Arms Act ... Act was in force and (2) persons who are not offenders under the Act at all as their activities take place after the expiry of the Act. These two classes of persons cannot be treated at par. Consequently, no fault can be found with Section 1(4) of the Act on that score.16. Admittedly, therefore, Section 1(4) of the Act clearly stipulated that the expiry of the Act ... not contained in the Act, but were to be found in some other Penal Laws.14. It shall be advantageous to refer to certain important Sections of the Act. Section 1 reads as under:-1. Short title, extent, application, commencement, duration and savings.- (1) This Act may be called the Terrorist and Desruptive Activities (Prevention) Act, 1987.(2) It ...

Mar 30 2001

Yog Raj Vs. Kuldeep Raj Gupta and Anr.

  • Decided on : 30-Mar-2001

Court : Jammu and Kashmir

Reported in : AIR2002J& K12

... whether the parties have arrived at an adjustment in a lawful manner. The explanation made it clear that an agreement or a compromise which is void or viodable under the Indian Contract Act shall not be deemed to be lawful within the meaning of the said Rule. Having introduced the proviso along with the explanation in Rule 3 in order to avoid multiplicity ... on these issues also, it would be apt to deal with these also.51. Issue No. 1 is to the effect as to whether suit filed by the plaintiff is maintainable under Section 47 and Order 21 of the CPC. The argument raised by respondent No. 1 is that all questions pertaining to execution, discharge or satisfaction of a decree are required to ... contained in the provisions of J. and K. Restitution of Mortgaged Properties Act of 1976, be now examined.56. The relevant provisions of the Act be noticed.57. Section 16 of the 1976 Act deals with the jurisdiction of the Civil Court. The bar of jurisdiction is with regard to limited matters. This section provides as under :'Jurisdiction of Civil Courts barred :-- NoCivil Court shall ... provisions of the Act be noticed.57. Section 16 of the 1976 Act deals with the jurisdiction of the Civil Court. The bar of jurisdiction is with regard to limited matters. This section provides as under :'Jurisdiction of Civil Courts barred :-- NoCivil Court shall have jurisdiction to entertain any claim to enforce any right under a mortgage declared extinguished under this Act or to question ...

Dec 07 2005

Mst. Shameema Vs. Rehman Beigh and Ors.

  • Decided on : 07-Dec-2005

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ479

... of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant such adjournment.] Explanation: - An agreement or compromise which is void or voidable under the Indian Contract Act, 1872, shall not be deemed to be lawful within the meaning of this rule.]7. Perusal of the rule shows that compromise should be in writing and must be signed by ... Nirmal Singh, J.1. This is Civil Second Appeal against the judgment and decree dated: 28.7.2001 passed by District Judge, Anantnag in Civil Appeal No. 2/appeal decided on 10.5.2001 ...

Apr 08 1959

Sufi Mohd. Akbar and Ors. Vs. State of Jammu and Kashmir and Anr.

  • Decided on : 08-Apr-1959

Court : Jammu and Kashmir

Reported in : 1960CriLJ223

... any provision of die Constitution Act, the former will be void. Sub-Section (2) of Section 1 of Act XLII of 1956 which postpones tile coming into force of that Act to a date to be notified by the Government violates the imperative provisions of Section 31(3) of the Constitution Act. Section 1(2) of Act XLII of 1956 is, therefore, void and consequently Act XLII of 1956 has ... circumstances, it may be highly convenient. The British Statute Book abounds with examples of it; and it cannot be supposed that the Imperial Parliament did not, when constituting the Indian Legislature, contemplate this kind of conditional legislation as within the scope of legislative powers which it from, time to time conferred.It will thus be seen that not only ... Sub-section (2) of Section 1 of Act XLII of 1956 is void as it is clearly opposed to the mandatory provisions contained in Sub-section (3) of Section 31 of the Jammu and Kashmir Constitution Act, 1996. It is, therefore, necessary to examine the provisions of Section 31(3) of the Constitution Act. That provision as it stood at the time of the passing of Act XLII ... Act XLII of 1956 has not come into force But the petitioners have strenuously contended that Sub-section (2) of Section 1 of Act XLII of 1956 is void as it is clearly opposed to the mandatory provisions contained in Sub-section (3) of Section 31 of the Jammu and Kashmir Constitution Act, 1996. It is, therefore, necessary to examine the provisions of Section 31(3) of the Constitution Act ...

Jul 19 2005

UCO Bank Vs. Jawahar Rice and General Mills and Ors.

  • Decided on : 19-Jul-2005

Court : Jammu and Kashmir

Reported in : AIR2006J& K57,2006(1)JKJ256

... under obligation to perform his part of contract as is prescribed under Section 37 of the Contract Act. Section 37 of the Contract Act reads as under:37. Obligation of parties to contracts : The parties to a contract must either perform or offer to perform, their respective promises, unless such performance is dispensed with or executed under the provisions of this Act, or of any other law. ... any defence appropriate to his character as legal representatives of the deceased defendant.(3) Where within the time limited by law no application is made under Sub-rule (1), the suit shall abate as against the deceased defendant.(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives ... contracts : The parties to a contract must either perform or offer to perform, their respective promises, unless such performance is dispensed with or executed under the provisions of this Act, or of any other law.Promises bind the representatives of the promisors in case of the death of such promisor before performance, unless a contrary intention appears from the contract. ... Act, or of any other law.Promises bind the representatives of the promisors in case of the death of such promisor before performance, unless a contrary intention appears from the contract.A promise may be enforced by the legal representatives of the promisee in the event of death of such promisor before performance, unless a contrary intention appears from the contract ...

Mar 26 2004

State Vs. Mohd Yasin Malik and Ors.

  • Decided on : 26-Mar-2004

Court : Jammu and Kashmir

Reported in : 2005CriLJ275,2004(2)JKJ242

... Section 32(1) of Prevention of Terrorist Act 2002 (POTA) before a police officer, is produced before him? Is the question arising for consideration in this case? For better appreciation of the point involved Section 32 is being reproduced hereunder: --'32. Certain confessions made to police officers to be taken into consideration-(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872 ... Act 2002 (POTA) before a police officer, is produced before him? Is the question arising for consideration in this case? For better appreciation of the point involved Section 32 is being reproduced hereunder: --'32. Certain confessions made to police officers to be taken into consideration-(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section ... section opens with a non-obstante clause indicating thereby that the provisions made in the section is an exception to the provision contained in the Code of Criminal Procedure and in the Indian Evidence Act in this behalf. By incorporating said clause in the section the confession made before a police officer has been made admissible in a court of law. In Sub-section (1 ...

Sep 25 1998

Pt. Govind Ram Vs. Ram Saroop

  • Decided on : 25-Sep-1998

Court : Jammu and Kashmir

Reported in : AIR1999J& K63

... with a view to delay the proceedings. (2) The provisions of the Indian Evidence Act, 1872 (1 of 1872) , shall, subject to the provisions of this Act, be deemed to apply in all respects of the trial of any election-petition.' '95. Procedure before the High Court. - (1) Subject to the provisions of this Act and any rules made thereunder, every election petition shall be tried by ... Letters Patent appeal could be maintained against an order passed in appeal under: Section 39(1) of the Arbitration Act, 1940 by a single Judge of the High Court. Sub-section (1) of Section 39 provides a right of appeal in respect of the matters specified therein. The provisions of Sub-section (2) of Section 39 are significant inasmuch as a second appeal is barred but the ... under Sections 196 and 197 of the Act is made appealable before the Supreme Court under Section 123 of the Act and identical provision is there in Section 116-A of the Central Act.7. Besides this Section 95 of the State Act and Section 87 of the Central Act are to the following effect:-'87. Procedure before the High Court. - (1) Subject to the provisions of this Act and ... In our view the legislature has made a deliberate departure from the law prevailing before the enactment of Act X of 1940 by codifying the law relating to appeals in Section 39.' 'Under Section 39(1) an appeal lies, from the orders specified in that sub-section and from no others. The legislature has plainly expressed itself that the right of appeal against orders ...

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