Court : Rajasthan
Reported in : AIR1969Raj192
..... other view is that it imports an implied promise to pay, and, therefore, it is as good an agreement under the indian contract act as any other agreement, and if such an agreement is enforceable at law under the provisions of the contract act, a suit can be founded on it.36. the controversy on this point took a serious turn after their lordships of the privy council ..... such an acknowledgment may not be sufficient to form the basis of the suit. unless, there are bilateral acts which give rise to an agreement enforceable at law under the provisions of the indian contract act, there can be no question of a unilateral transaction forming the basis of a suit for, after all, what is sought to be enforced in a court of law ..... privy council never meant that the principle of english law should be applied in india specially in view of the indian provisions contained in section 19 of the indian limitation act, section 25 of the indian contract act and article 1, schedule i of the indian stamp act, while the other high courts have held that this observation has to be given effect to and there was nothing ..... is a right accruing on a breach of a term of a contract, though such contract may contain an implied promise to pay. the indian contract act .....Tag this Judgment!
Court : Chennai
Reported in : AIR1916Mad65; 30Ind.Cas.878
..... the promisee.8. the mere fact that at the desire of the promisor the promisee has already done something prior to any agreement [indian contract act, section 2(d)] cannot be sufficient to make any subsequent agreement a contract. it would not amount to a contract if it was no more than a promise to make a gift at the mere will of the promisor [transfer of ..... to the plaintiff.' there is a reference to natural love and affection, but there is no registered document between the plaintiff and the zemindar and section 25(1) of the indian contract act has not been relied upon. the prayer is that a decree be passed for recovery of the arrears of the alleged allowances after july 1907 from the estate of the ..... trustee, but nonetheless she would be liable to pay the plaintiff as the heir of her husband, who had contracted this liability and who is not shown to have gone beyond his legal rights to charge the estate with his liability. (see indian contract act, section 25, clause 2 and explanation 2.) no doubt, the parties did not contemplate that the zemindar would die ..... expect any remuneration. whether there was any expectation of remuneration would depend (amongst other things) upon the nature of the service. the effect of section 2(d) of the indian contract act upon each of these distinct sets of circumstances might be different. where acts have been done in the past which might or might not (at the opinion of a party) support a .....Tag this Judgment!
Court : Chennai
Reported in : AIR1953Mad235; (1952)1MLJ689
..... disposal of the land, unless the grant was procured by fraud, misrepresentation or mutual mistake as to any matter of fact essential to the agreement (indian contract act, sections 17, 18 & 20). the grant, therefore, cannot be annulled or revoked by the officer who made the grant, by his ..... principal can. ifthe contention put forward on behalf of thelearned government pleader is accepted, thenit comes to this, that the government as theprincipal can revoke an agreement or grantmade by its duly constituted agent withoutgiving any reasons whatever. i do not thinkthat i should go to the extent contended by thelearned counsel. when ..... of such land within the scope of his authority is binding on government. the other is that a grant like any other disposition arising out of contract can be set aside if it is procured by 'fraud'.....'this decision does not lay down that when the agent of the government, say the tahsildar ..... be, has sold away or assigned rights in certain land by means of a duly stamped and registered document though according to the crown grants act then in force no such registration or stamp for the document was necessary. the grant of a patta is tantamount to assignment by a registered document ..... really and in essence one passed nominally by the collector but under the directions of the board of revenue who themselves have ordered the collector to act in the manner he did under the behest of the government. the result comes to this, that when under ex. b. 20 the board of .....Tag this Judgment!
Court : Chennai
Reported in : (1902)12MLJ453
..... v. vyankatrav n. surve 8 b.h.c. 1:-ed., misrepresentation, or mutual mistake as to any matter of fact essential to the agreement (indian contract act, section 17, 18 and 20). the grant, therefore, cannot be annulled or revoked by the officer who made the grant, his successor ..... registration act, the question t for consideration is reduced to this--whether in fact a grant or assignment has been made to the ..... (dated 28th march 1895 already referred to) that disposals of land, under the ordinary darkhast rules, need not be made by deed, contract or other instrument made and executed in any particular form. there can hardly be any doubt that all waste lands, whether assessed or ..... with the provisions of the said statutes. the crown grants (india) act vii of 1895 exempts crown grants from the operation of the transfer of property act (1882) and section 17(j) and 90(d) of the indian registration act (1877) exempt from registration, ' grants of immoveable property by government ..... ' and 'all documents purporting to be or to evidence grants or assignments by government of land or of any interest in land.'11. having regard therefore to the two admissions above referred to, made by the counsel for the crown and the provisions of the crown grants act and the indian .....Tag this Judgment!
Court : Chennai
Reported in : (1906)ILR29Mad461
..... disposal of the land, unless the grant was procured by fraud, misrepresentation or mutual mistake as to any matter of fact essential to the agreement (indian contract act, sections 17, 18 and 20). the grant, therefore, cannot be annulled or revoked by the officer who made the grant, by his ..... if the court is of opinion that there has been no irregularity. if no grant has been made, there is no contract. if grant has been made, there is a coii'litional contract.11. in the collector of salem v. rangappa i.l.r. 12 mad. 404 a patta which had been issued to ..... in such a matter, it is equally incompetent to interfere with the appellate darkhast authority in regard to the same matter, so long as that authority acts within the scope of its authority for that would, in effect, be an assumption of the appellate jurisdiction by the civil court instead of by the ..... to assume to themselves the appellate powers thus conferred on other authorities, it would, of course, be different if the revenue authorities, purporting to act under the darkhast rules, acted outside the scope of their authority, but that is not the present case. in the case of subbaraya v. the sub-collector of chingleput ..... grant by reason of the subordinate officer not having observed the formalities prescribed by the darkhast rules or for any other reason, notwithstanding that the granting offioer acted within the scope of his authority ' sappani asari v. the collector of coimbatore i.l.r. 26 mad. 742 and again the same learned judge .....Tag this Judgment!
Court : Mumbai
Reported in : (1946)48BOMLR775
..... , in my opinion, cannot be said to be an object which implies something aimed at simultaneously or in the future. past cohabitation would be consideration for an agreement under section 2(f) of the indian contract act but is not good consideration for a transfer of property.a gift does not require consideration. it is difficult to hold that past cohabitation can be an ..... party to prove that there was a consideration for it or that it was passed in the discharge of an antecedent agreement. under section 25 of the indian contract act an agreement made without consideration is void, but under clause (2) of that section an agreement is valid if it is a promise to compensate, wholly or in part, a person who has already voluntarily done ..... , they are really transfers, having for their object or consideration past cohabitation, and that they are void under section 6(/t) of the transfer of property act, read with section 23 of the indian contract act.5. under section 23 of the indian contract act, the consideration or object of an agreement is unlawful if the court regards it as immoral or opposed to public policy, and every ..... for past services voluntarily rendered to him, for which no consideration would be necessary.8. thus this was a case of an agreement, and it was held to fall, within the exception contained in section 25, clause (2), of the indian contract act. in ningareddi v. lakshmawa i.l.r (1901) bom. 163: s.c. 3 bom. l.r. 647 chandavarkar j. cited this .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1940Bom60; (1939)41BOMLR1290
..... in the nature of an interlocutory proceeding and normally it will certainly be inconvenient to treat it as if it were a suit where all evidence which will make the agreement voidable by reason of the provisions of the indian contract act will be led. but that will not be a' sufficient answer to refuse to take into consideration the plea whether an ..... refrain from recording it or passing a decree in accordance with it. therefore, the term 'lawful agreement' as used in order xxiii, rule 3, excludes not only unlawful agreements, i.e. the object or consideration for which is unlawful as defined in the indian contract act, but all agreements which on the face of them are void and therefore will not be enforced by the court ..... the full meaning of the words used there. if an agreement put before the court as a compromise on the face of it was a wagering agreement and therefore void under section 30 of the indian contract act, in my opinion, it will not be a, lawful agreement because on the face of it is an agreement which the court will not enforce. the provisions of order ..... . for this purpose no inquiry is necessary because the terms of the agreement themselves will show the defect. the court therefore has to consider whether on the face of .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1960All420
..... aforesaid offer. the offer and acceptance of the promise would constitute an agreement under the indian contract act, and we think that the plaintiff would be entitled to damages for breach of that agreement if it could be held that the agreement was enforceable against the defendant.18. we may also state here that ..... it is devoid of force and efficacybecause both the parties are mistaken about some fact which is vital to the agreement section 20 of the indian contract act deals with the common mistake of fact and not mutual mistake of fact. the facts averred in paragraphs 4 ..... the erroneous assumption of the parties amounted to a mutual mistake of fact and the leases were, therefore, void under section 20 of the indian contract act.9. before examining the merits of the arguments of learned junior standing counsel on this point, we would like to point out that the ..... to only four grounds. they are :1. the four leases, which were executed on 26-8-1944, are void under section 20 of the indian contract act on account of mutual mistake of fact. 2. the said leases do not specify the date from which their term would commence and are, therefore, ..... and 17 of the written statement clearly suggest that the expression 'mutual mistake' has wrongly been used for 'common mistake.' we would accordingly proceed on the basis that we are called upon to decide whether the agreements .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Reported in : (2004)1CompLJ258SAT
..... upon the target company divesting itself of its non eyewear business. he had submitted that under new york law and under section 31 and 32 of the indian contract act, a contingent/conditional agreement could not be enforced or performed unless the condition had been fulfilled and the contingency had occurred. in support of the contention that the shares of ..... of the other 56% shareholders, that that under new york law & under section 31 & 32 of the indian contract act, a conditional / contingent agreement could not be enforced or performed unless the condition had been fulfilled / the contingency had occurred. the contingent agreement to acquire the 44% shares of the target company would mature into a legally enforceable contractual obligation only if ..... part of the acquirer. regulations 2 (1)(b) & 14 do not refer to "entering to a contingent agreement for acquisition of shares" or "conditionally deciding to acquire shares" under both new york law & the indian contract act, such a contingent agreement or a conditional decision cannot be enforced, and creates no obligations until and unless the contingency occurs or the condition ..... the provisions of sections 31 and 32 of the indian contract act cited by the appellant is of little help to the appellants in this case.regulation 10/12 is not talking about concluded contract is evident from the text of those regulations extracted in the order. every agreement need not necessarily be a contract in that sense. if the appellants' contention .....Tag this Judgment!
Court : Mumbai
Reported in : (1922)24BOMLR602
..... opinion met with the concurrence of walmsley j., and also because of the character of the evidence itself, they are of opinion that the agreement was, apart from the point of law arising under the indian contract act, a valid agreement.4. all that it is necessary to observe is that there was a dispute between the appellant and the, respondent. each of them had ..... . walmsley j., the other member of the appellate court, was of opinion that there was nothing fraudulent to render the agreement inoperative on that ground. but he held that it was void as contravening section 27 of the indian contract act, which makes every agreement by which any one is restrained from exercising a lawful profession, trade or business, void. the trial judge had been .....  a.c. 7; and inland revenue commissioners v. muller & co's margarine, limited  a.c. 217; and as used in the same sense in section 27 of the indian contract act accordingly they are of opinion that the decree of the subordinate judge must be restored, and that the appellant is entitled to his costs of this appeal and in the ..... question. it has been, in their opinion, satisfactorily disposed of in the courts below. the question that remains is that raised as to the operation of section 27 of the indian contract act. this section has, under the express exception which it contains, no application if there was here a genuine sale of the goodwill of the business. it ought to be observed .....Tag this Judgment!