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 : 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 : Kerala
Reported in : AIR2000Ker36
..... debtor or her husband has got other properties does not imply that the sureties cannot be proceeded against. further, this is against the provisions of ext. p-1 agreement and the indian contract act which provide that payment can be enforced simultaneously with the sureties previously or subsequently to the enforcement against the principal. therefore, i am of the view that if ..... the principal debtor unless it is otherwise provided by the contract. it is settled law that a surety may be proceeded against without first proceeding against the ..... unsustainable. as the discretion of the collector under section 67 of the act was exercised in a legal and proper manner, the 3rd respondent should not have interfered with the same on an erroneous ground. to recapitulate, under section 128 of the indian contract act as also under ext. p-1 agreement, the liability of a surety is co-extensive with that of ..... the impugned orders are given effect to, it will render the provisions contained in the aforesaid agreement nugatory. that apart, the 4th respondent has also gone wrong in mechanically confined .....Tag this Judgment!
Court : Kerala
Reported in : 2009(3)KLJ228
..... the schedule read with section 3 of the act enables levy of stamp duty on an instrument of agreement. the word 'agreement' is not defined in the stamp act. so, the definition of 'agreement' under the indian contract act can be followed. article 5(c) in the schedule to the act enables the state to levy duty on execution of an agreement, giving authority for construction etc., at the samerate ..... view of the submission of the learned government pleader, which we have recorded, that the amended provisions will not be invoked to levy duty on works contract, but only on builders who make constructions executing agreements/documents in the nature of exts.pl to p4. the crudities or certain inequities in the legislation are not grounds to interfere with the same. in ..... is clear mat the builder is building and selling flats to prospective buyers and the sale consideration is received in instalments. but, agreements are made to appear the transaction to be one of works contract. if it is a work contract and the owner is constructing a building in his property, no duty can be levied on the building constructed because no transfer ..... introduced amendment does not cover the case of a works contract. no contractor will be liable to pay duty on the instrument of works contract executed by him. so, the builders and developers mentioned in article 5(c) of the schedule to the act are those persons who purchase land or enter into agreement with the land owner, construct flats in the land and .....Tag this Judgment!
Court : Chennai
..... central government and the private person without any privity or representation from the citizens, is constitutionally impermissible, as it violates the principle of enforceability of an agreement under the indian contract act.(k) section 8a of the n.h. act is also a direct infringement between the panchayat and the local authorities after their acquisition of constitutional status pursuant to constitution's 73rd amendment. (l ..... in w.p. no. 19802 of 1999, as illegal, unconstitutional and violative of article 14 of the constitution of india and the principle of the indian contract act and inconsistent with the statutory requirements of the n.h.act. the very same notification no. 530, new delhi, 21.8.1998 is challenged in w.p. no. 5459 of 1999.3. in two other writ ..... the 'b.o.t ' scheme, as per the guidelines, while the contract was awarded, not even a single guideline had been taken care of. (d) though it was essential under section 10 of the n.h. act to place the notifications/agreement before the parliament, the same had not been carried out.(e) there is a clandestine understanding between the respondent-union of ..... ) the levy of fee under section 8a of the n.h. act in respect of highways coming within the local limits of the municipality, is ultra-vires .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1960All446
..... -hearted attempt to prove that the document under which 'the defendant agreed to maintain the plaintiff does not amount to an agreement under the indian contract act. he endeavoured to show that the agreement is without consideration. this objection ignores the terms of the agreement itself. it contains a statement by the defendant chiranjilal that kasturi devi was his first wife, that she had filed an ..... in consideration of the husband's promise, the wife dropped the proceedings which were pending against him. it is a well known principle of the law of contract that an agreement compromising a dispute is binding on the parties.if the wife agreed to drop her application for maintenance against the husband which was pending before the magistrate in consideration of ..... in the criminal court but alleged that the application was baseless and had been made at the instigation of a man called nathhoo singh, chiranji lal admitted having signed the agreement, but explained that he had done it under coercion. he alleged that the sub-inspector in charge of police station tanda tried to persuade him to provide accommodation and maintenance ..... his promise to pay her a maintenance allowance o rs. 30/- per month, this is a contract enforceable by law.6. i shall now consider the plaintiffs' case in .....Tag this Judgment!