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Search Results Judgments > Act:Indian Contract Act, 1872 Court:Chennai

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 ...

Feb 24 1913

Natesa Aiyar And Anr. Vs. Appavu Padayachi and Anr.

  • Decided on : 24-Feb-1913

Court : Chennai

Reported in : (1915)ILR38Mad178

... of the Act, some of these matters being afterwards embodied in enactments like the Negotiable Instruments Act and the Transfer of Property Act. But as regards the enunciation of the general and universal principles of the Law of Contracts, I think that the Contract Act was intended to be as exhaustive as possible.32. I am therefore naturally reluctant to hold that the Indian Contract Act ... The position that 'there is no breach of contract at all' shows how widely the principles of the Indian Contract Act by which Indian Courts are bound differ from the technical considerations which have guided the English Judges in some of the English cases. Surely there has been a clear breach of contract under the Contract Act and the bargain between the parties is not ... of Contract may, for all practical purposes, be regarded as having been superseded by the Indian Contract Act, etc.' Shephard, J., in his Contract Act refers to some special and subsidiary portions of the Law of Contracts such as that of the Law of Master and Servant, Consignor and Carrier, the law regulating promissory notes and bills of exchange, the Law of Contracts specially ... ), Indian Contract Act) or where the contract itself in terms gives an option to avoid, to one of the parties. However, the decisions would seem to be the other way.13. I do not think the section applies to the case of a deposit made to secure the performance of a contract. It has been suggested that illustration (c) to Section 65, Indian Contract Act ...

Feb 24 1913

Natesa Aiyar and Anr. Vs. Appavu Padayachi (died) and Anr.

  • Decided on : 24-Feb-1913

Court : Chennai

Reported in : (1913)24MLJ488

... of the Act, some of these matters being afterwards embodied in enactments like the Negotiable Instruments Act and the Transfer of Property Act. But as regards the enunciation of the general and universal principles of the Law of Contracts, I think that the Contract Act was intended to be as exhaustive as possible.31. I am therefore naturally reluctant to hold that the Indian Contract Act ... The position that ' there is no breach of contract at all' shows how widely the principles of the Indian Contract Act by which Indian Courts are bound differ from the technical considerations which have guided the English Judges in some of the English cases. Surely there has been a clear breach of contract under the Contract Act and the bargain between the parties is not ... of contract may, for all practical purposes, be regarded as having been superseded by the Indian Contract Act' etc.) Shephard J. in his Contract Act refers to some special and subsidiary portions of the Law of the Contracts s.uch as that of the Law of Master and Servant, Consignor and Carrier, the law regulating-promissory notes and bills of Exchange, the law of Contracts ... a, Indian Contract Act) or where the contract itself in terms gives an option to avoid to one of the parties. However, the decisions would seem to be the other way.13. I do not think the Section applies to the case of a deposit made to secure the performance of a contract. It has been suggested that Illustration (c) to Section 65, Indian Contract Act ...

Aug 11 1915

Hussain Saib and Ors. Vs. Hassan Saib and Ors.

  • Decided on : 11-Aug-1915

Court : Chennai

Reported in : AIR1916Mad165; 31Ind.Cas.927

... relating to Hindu joint family firms to show that the Indian Contract Act lays down that the relations between the members of the firm must be presumed to be to a certain effect, in the absence of a contract to the contrary; that the contract to the contrary may be an implied contract; that such an implied contract may be presumed from the mode on life resulting ... that the contract to the contrary may be an implied contract; that such an implied contract may be presumed from the mode on life resulting from the general personal law of the parties, especially when not presuming such an implied contract, would bring about inconsistencies, and results unexpected by the parties themselves.56. If this is so, then in any event, the Indian Contract Act must be ... that the Indian Contract Act applies to a Hindu family firm, but that the incidents of the Act are affected by the peculiar doctrines of the joint Hindu family, which doctrines are incorporated in the law of Hindu ancestral firms, just in the same way as the provisions contained in the articles of partnership relating to any particular firm may be incorporated. The Indian Contract Act in ... partners, would have been subject to the rule contained in Section 253(2) of the Indian Contract Act; and those of the heirs of Haji Hassan and Hammed who would Have been held to be partners in the firm would have been considered under Section 241 of the Indian Contract Act to have given a loan of their portion of the property to the partnership. ...

Apr 01 1952

British India Steam Navigation Co. Ltd. by agents Binny and Co. (Madra ...

  • Decided on : 01-Apr-1952

Court : Chennai

Reported in : AIR1953Mad3; (1952)IIMLJ270

... , a common carrier's responsibility is not within the Indian Contract Act of 1872'".Tyabji J. also says the same thing at page 953:"..... It is not open to this court to say that the liability of such carriers as we have to deal with in this case is governed by Section 151 of the Indian Contract Act, after the decision of the Privy Council in the ... departed from in the case of some classes of common carriers by the Carriers Act Of 1855 or by the Railway Acts of 1878 and 1890) and 'that notwithstanding some ge-neral expressions in the chapter on Bailments, a common carrier's responsibility is not within the Indian Contract Act of 1872'".Tyabji J. also says the same thing at page 953:"..... It is not open ... observed:"These considerations lead their Lordships to the conclusion that the Act of 1872 was not intended to deal with the law relating to common carriers and notwithstanding the generality of some expressions in the chapter on bailments, they think that common carriers are not within the Act."11. The provisions of the Indian Contract Act referred to above are Sections 151 and 152, the former ... inconsistent with the provisions of tne Indian Contract Act and the manifest intention of the Legislature in enacting such provisions. Then the learned Judge referred to Sections 34 a and 101 of the Contract Act. He was fur-tner of opinion that a contract limiting such liability will be opposed to the public policy and void under Section 23 of the Contract Act, as it will be against ...

Jul 05 1973

B.N. Mathur and Anr. vs. The Union of India

  • Decided on : 05-Jul-1973

Court : Chennai

Reported in : AIR1974Mad233

... . The next submission based on Section 74 of the Indian Contract Act requires consideration as to the scope of that section. Section 74 of the Indian Contract Act is as follows:--"When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the ... in a contract freely entered into between the parties, illegal. Consequently, we hold that the stipulation in the bond cannot be said to be illegal or unenforceable from any point of view.7. The next submission based on Section 74 of the Indian Contract Act requires consideration as to the scope of that section. Section 74 of the Indian Contract Act is as follows:--"When a contract has ... of the Indian Contract Act in the judgment in W. P. No. 124 of 1969, dated 16-4-1970 (Mad). In that judgment, after quoting Sections 73, 74 and 75 of the Indian Contract Act, it was held:"Thus, it will be seen that Section 73 talks of compensation for any loss or damage caused to a party to the contract by the breach of the contract committed ... contained in Section 74 of the Indian Contract Act and the various decisions of the Courts referred to above, in case to which Section 74 of the Indian Contract Act applies, the party claiming compensation need not prove that he has actually suffered any loss or damages, and he is entitled to claim reasonable compensation solely because breach of the contract has been committed by the other ...

Dec 15 1908

Sheik Mahamad Ravuther Vs. The British India Steam Navigation Co., Ltd ...

  • Decided on : 15-Dec-1908

Court : Chennai

Reported in : 1Ind.Cas.977

... contract will estop a party from pleading, or the Courts from deciding, that the contract cannot be enforced. It makes no difference, so far as I am aware, in India, that it was the agent who was guilty of the particular act which invalidates the contract.36. Let us then test the validity of this exemption clause by the Indian Contract Act.37. Section 148 of the Indian Contract Act ... wore cited in argument. I will merely say that as regards shipping contracts with the exception of Taubman v. The Pacific Steam Navigation Company (1872) 26 L.T. 704, I know of no case in which the shipowner has been held to be protected from negligence unless the contract protected him from negligence in express terms. It seems doubtful whether this ... principles followed and acted upon by the Indian legislature.52. The next question is whether the contract exempting a shipowner from the consequences of the negligence of himself or his servants in not taking reasonable care or the care referred to in Section 151 of the Indian Contract Act is opposed to public policy and is, therefore, void. See Section 23, Indian Contract Act.53. I have ... Indian Courts, no words in a contract will estop a party from pleading, or the Courts from deciding, that the contract cannot be enforced. It makes no difference, so far as I am aware, in India, that it was the agent who was guilty of the particular act which invalidates the contract.36. Let us then test the validity of this exemption clause by the Indian Contract Act ...

Mar 23 1908

K.V.S. Sheik Mahamad Ravuther Vs. The B.I.S.N. Co. and Ors.

  • Decided on : 23-Mar-1908

Court : Chennai

Reported in : (1908)18MLJ497

... the principles followed and acted upon by the Indian Legislature.51. The next question is whether the contract exempting a shipowner from the consequences of the negligence of himself or his servants in not taking reasonable care or the care referred to in Section 151 of the Indian Contract Act is opposed to public policy and is therefore Void. See Section 23, Indian Contract Act.52. I have already ... which were cited in argument. I will merely say that as regards shipping contracts with the exception of Taubman v. The Pacific Steam Navigation Company (1872) 26 L.T. 704 I know of no case in which the shipowner has been held to be protected from negligence unless the contract protected him from negligence in' express terms. It seems doubtful whether this case ... the Courts from deciding, that the contract cannot be enforced. It makes no difference, so far as I am aware, in India that it was the agent who was guilty of the particular act which invalidates the contrast.35. Let us then test the validity of this exemption clause by the Indian Contract Act.36. Section 148 of the Indian Contract Act, as pointed out by the Judicial ... in a contract will estop a party from pleading, or the Courts from deciding, that the contract cannot be enforced. It makes no difference, so far as I am aware, in India that it was the agent who was guilty of the particular act which invalidates the contrast.35. Let us then test the validity of this exemption clause by the Indian Contract Act.36. Section ...

Sep 07 1973

R. M. AR. R.M. Ramanathan Chettiar alias R.M. A.R. Ramanathan Chettiar ...

  • Decided on : 07-Sep-1973

Court : Chennai

Reported in : (1974)1MLJ221

... Indian Contract Act, if there had been no previous appropriation by him. Section 8 (1) of the Act having provided that all the interest outstanding on 1st October, 1937, shall be deemed to have been wiped out, the question arises whether payments which had remained unappropriated either by the debtor under Section 59 of the Indian Contract Act or by the creditor under Section 60 of the Indian Contract Act ... trial, as provided for in Section 60 of the Indian Contract Act. But Sub-section (1) of Section 8 of the Act effected a change in this right of the creditor to make an appropriation under Section 60 of the Indian Contract Act, if there had been no previous appropriation by him. Section 8 (1) of the Act having provided that all the interest outstanding on 1st ... which had remained unappropriated either by the debtor under Section 59 of the Indian Contract Act or by the creditor under Section 60 of the Indian Contract Act prior to 1st October, 1937, could thereafter, be appropriated by the creditor towards interest. However, in view of the provision in Section 8 (1) of the Act that all outstanding interest on 1st October, 1937, shall be deemed ... itself has not made any specific provision for the manner of appropriation by the creditor the law that was applicable was sections 59 to 61 of the Indian Contract Act. Section 59 of the Indian Contract Act enacts the rule in Clayton's case (1816) 1 Mer. 572, that when a debtor makes a payment, he has a right to have it appropriated in ...

Sep 09 1969

Cauvery Sugars and Chemicals Ltd. represented by General Manager Vs. K ...

  • Decided on : 09-Sep-1969

Court : Chennai

Reported in : (1970)2MLJ256

... to ascertain whether an act is lawfully done within the purview of Section 70 of the Indian Contract Act, it must be ascertained whether the person so acting held such a position to the other as either directly create or by implication reasonably to justify the inference that by the act done for the other ... 70 of the Indian Contract Act will not apply to cases where a person does an act for his own benefit and that act incidentally benefits his neighbour or any other person. In such cases, the latter need not pay for the extent of the benefit derived by him from the act. Horwill, J., in ... Indian Contract Act to the facts of the case and whether there has been an error of law in this respect; and secondly, whether the facts have been correctly assessed by the lower appellate Court or whether there is an omission in taking into account material facts so as to amount to an error of procedure.23. Section 70 of the Indian Contract Act ... the view that the value of the benefit for the purpose of Section 70 of the Indian Contract Act cannot be equated to the quantum of damages for breach of contract but it is based on quasi-contract or restitution. The Supreme Court in Mulamchand v. State of M.P. : [1968]3SCR214 , ... lawfully' and 'for' used in Section 70 of the Indian Contract Act. The lawful relationship mentioned in the section need not be one anterior to the doing of the Act. It can arise from the very circumstance of the doing of the act by one for another's benefit and his acceptance and ...

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