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Search Results Judgments > Act: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 ...

Feb 10 2009

G.D. Subramaniam Vs. The Sub Registrar,

  • Decided on : 10-Feb-2009

Court : Chennai

Reported in : (2009)2MLJ644; 2009CIJ243Madras

... Act. Section 4 of the said act states that the chapters and sections of the said Act which relate to contracts shall be taken as part of the Indian Contract Act. Since, a sale is an executed contract, Section 62 of the Indian Contract Act is applicable which speaks of conditions under which novation, recession and alteration of a contract ... contract itself. There is no specific provision for cancellation of a sale in the Transfer of Property Act. Section 4 of the said act states that the chapters and sections of the said Act which relate to contracts shall be taken as part of the Indian Contract Act. Since, a sale is an executed contract, Section 62 of the Indian Contract Act ... Indian Contract Act. Since, a sale is an executed contract, Section 62 of the Indian Contract Act is applicable which speaks of conditions under which novation, recession and alteration of a contract can take place. In City Bank, N.A. v. Standard Chartered Bank and Ors. reported in : AIR2003SC4630 , the Hon'ble Supreme Court holds 'novation, recession or alteration of a contract under Section 62 of the Indian Contract Act ...

Dec 04 2008

In Re: G.V. Films Ltd.

  • Decided on : 04-Dec-2008

Court : Chennai

Reported in : [2009]150CompCas415(Mad)

... H. Mafatlal v. Mafatlal Industries Ltd.) and submitted that once the scheme is against Section 21 of the Indian Contract Act, 1872, the same has to fail.126. Learned senior counsel also objected to the scheme as violative of the procedure laid down under the Act. Referring to the chairman's report as to the modification suggested by the company secretary, he submitted that the ... change to the terms of the trust deed, it must be through a procedure contemplated under the contract. Hence, what could not be done indirectly even under the contract could not be justified by merely quoting the right available under Sections 390 to 394 of the Act to go for arrangement. Learned Counsel for the demerged company pointed out that the bondholders have ... of simple merger and where the scheme does not result in any prejudice to the rights of the creditors. Short of repetition, when the contract contemplates a particular procedure irrespective of whether Section 101(2) of the Act will have relevance or not, the demerged company is bound to observe the procedure. In the face of the distinguished facts presented herein, I ... and the scheme cannot be used to set at naught the commercial obligations under the contract.120. This takes us to the objection of the other objector, namely, Gayathri Holdings P. Ltd., the shareholder who also is an unsecured creditor as per Section 390(c) of the Act.121. Mr. T.K. Seshadri, learned senior counsel appearing for the objector/shareholder, pointed ...

Sep 30 2009

P. Velumani Vs. K.A. Noorjahan Son of M.M. Ahmed Hussain and

  • Decided on : 30-Sep-2009

Court : Chennai

Reported in : (2009)8MLJ161

... contract and for the purchase of immovable properties the failure of the party for the option of the purchase money required in the contract within the stipulated period will not ipso facto disentitle him to get a decree for Specific Performance as per decision Debendra Nath Mandal v. Sakhilal Kar : AIR 1950 Calcutta 526.98. Section 54 of the Indian Contract Act 1872, refers to a contract ... Nath Mandal v. Sakhilal Kar : AIR 1950 Calcutta 526.98. Section 54 of the Indian Contract Act 1872, refers to a contract of reciprocal promises, such that one cannot be performed or its performance cannot be claimed different the other has been performed. Indeed, a validly entered into contract cannot rescinded without any cogent justification in the considered opinion of this Court. The law ... is the essence of the contract in the light of the law laid down by the Apex Court in the recent reported decision.96. One cannot brush aside an important fact that as per Section 51 of the Indian Contract Act, 1872 if promises which reciprocals each one has always the option to perform his part of the contract but one party cannot insist ... of the Indian Contract Act, 1872 if promises which reciprocals each one has always the option to perform his part of the contract but one party cannot insist on the other performing his promise without himself performing what he has agreed to do as per decision Vairavan Chettiyar v. Kannapa Mudaliyar AIR 1925 Mad 1029, whereas suit for Specific Performance of Contract to ...

Sep 25 2007

Ennore Port Limited Vs. Skanska Cementation India Limited and Ors.

  • Decided on : 25-Sep-2007

Court : Chennai

Reported in : 2008(2)ARBLR598(Madras)

... 73 of the Indian Contract Act.(ii) In Bharat Coking Coal Ltd. v. L.K. Ahuja (supra), at page 118 (para 24 at page 662 of Arb. LR) the Supreme Court held:Here when claim for escalation of wage bills and price for materials compensation has been paid and compensation for delay in the payment of the amount payable under the contract or for ... is clear that by the Indian Contract (Amendment) Act, 1997, the original Section 28 has been replaced by a new paragraph in which such extinction of right unless exercised within a specified period of time, if not beyond the period of limitation, is also rendered void. As observed earlier, in the absence of any specific reference in the amended Act, it is prospective in ... the parameters of the contract and has construed the provisions of the contract, his award cannot be interfered with unless he has given reasons for the award disclosing an error apparent on the face of it,25. An arbitrator who acts in manifest disregard of the contract acts without jurisdiction. His authority is derived from the contract and is governed by the Arbitration Act which embodies ... the bounds of the contract, he has acted without jurisdiction. But if he has remained inside the parameters of the contract and has construed the provisions of the contract, his award cannot be interfered with unless he has given reasons for the award disclosing an error apparent on the face of it,25. An arbitrator who acts in manifest disregard of the contract acts without jurisdiction. ...

Jan 11 2008

M.K. Chitkara, CE Sole Arbitrator Vs. Union of India (UOI) rep. by the ...

  • Decided on : 11-Jan-2008

Court : Chennai

Reported in : 2008(2)ARBLR271(Madras); (2008)2MLJ772

... /Claimant and therefore, Accord and Satisfaction will apply under Section 63 of the Indian Contract Act. After analysing the said concept, the learned Arbitrator has found that there was no evidence of consent from the first respondent/Claimant and therefore, Accord and Satisfaction will apply under Section 63 of the Indian Contract Act. After analyzing the said concept, the learned Arbitrator has found that there was ... letter dated 13.09.1996 (Ex.B5,S0C, Contractor) the deviation orders have been singed by the contractor, there had been full accord and satisfaction as per Section 63 of Indian Contract Act, and the first respondent/Contractor is estopped from making the claim. According to the first respondent/claimant, in respect of Item Nos. 1, 2, 3 and 4 of Claim No ... effect blocking the money of the first respondent/claimant and it could not utilise the amount for business turnover and therefore, the claim was made under Section 73 of the Indian Contract Act.The learned Arbitrator has found that the petitioner/Union of India was unable to clarify,(i) as to how a total recovery of Rs.5,16,700/- against the demand ... ,908/- plus interest, by partly allowing the claim of the first respondent/claimant. Both the parties have agreed for the proceedings under Indian Arbitration Act, 1940.5. According to the first respondent who has made a claim, that a contract between the first respondent and the petitioner was entered into on 12.11.1987 for a lump sum of Rs. 1,54,19 ...

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 ... 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 ... held 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 ... 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 ... , 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 ...

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

... 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 a Bank arose for consideration in S. Kotrabasappa v. The Indian Bank, : AIR1987Kant236 , and the Karnataka High ... Act has been provided for the establishment of Tribunal for expeditious adjudication and recovery of debts due to Banks and Financial Institution and for matters connected therewith or incidental 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 ... 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 ... 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 ... , or involuntary trusts. Story on Equity Jurisprudence has explained 'Constructive Trust' thus:- 'One of the most common cases in which a Court of equity acts upon the ground of implied trusts in invitum, is where a party has received money which he cannot conscientiously withhold from another party. It ...

May 23 2006

Kaleeswara Mills Limited (A Unit of National Textile Corporation Tamil ...

  • Decided on : 23-May-2006

Court : Chennai

Reported in : (2006)4MLJ419

... realized and utilized and so it amounted to acceptance under the provisions of the Contract Act. The Learned Judge did not accept the said submission on the ground that under Section 7 of the Indian Contract Act, the acceptance must be absolute and unqualified and it cannot be said that the ... Indian Contract Act, the promisee, viz., the first defendant, may extend time for performance of the contract and as such the conduct of the first defendant in not insisting for the payment of 50% of the sale consideration within 20 days from the date of Ex.A-3 and the non cancellation of the contract ... contract of sale, nothing has been said about the request made by the plaintiff in Ex.A-4. The learned senior counsel further submitted that the plaintiff is the promisor and the first defendant is the promisee and under Section 63 of the Indian Contract Act, the promisee, viz., the first defendant, may extend time for performance of the contract ... contrary in the terms of the contract, on default committed by the purchaser, the seller is entitled to forfeit the earnest. It is settled law that forfeiture of earnest money where the amount is unreasonable would not be governed by Section 74 of the Contract Act, since it is not a ... by Section 74 of the Contract Act, since it is not a penalty. Generally, earnest money forms a small proportion to the consideration to be passed by the purchaser to the seller. When the purchaser's conduct amounts to a total repudiation of the contract, the Court will not ...

Mar 05 2012

K.Krishnamoorthy vs. Investment Trust Of India Limited.

  • Decided on : 05-Mar-2012

Court : Chennai

... liability of the guarantor shall also continue.25. As per Section 128 of the Indian Contract Act, the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. Both in his capacity as Director and in his personal capacity, 2nd ... period of sixty months. Such cases are governed by Article 55 of the Limitation Act. Article 55 reads as under: Art. 55. For compensation Three years When the contract for the breach of broken or (where any contract, there are success- express or implied ive breaches) when not herein speci- the ... either at the beginning of each month where the individual breach occurs or the end of sixty months. When the Contract is governed by Article 55 of the Limitation Act, the 2nd defendant is not right in contending that the suit is barred by limitation.35. Since the monthly rentals ... 55, in the said judgment, the learned single judge has held as under: 14. Art. 55 of the Limitation act says that the limitation starts when the contract is broken, or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs or ... Act of 1908). Referring to other judgments, the learned single Judge held that when the debt is alive, the suit filed cannot be held to be barred by limitation.37. The 2nd defendant has not sent any notice to the plaintiff Company informing his intention to terminate the contract. In the absence of any such notice, it must be deemed that the contract ...

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