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Judgment Search Results Home > Cases Phrase: breach indian contract act Page 1 of about 50,552 results (0.360 seconds)

Jul 25 1984 (SC)

A.T. Brij Paul Singh and ors. Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR1984SC1703; 1984(2)SCALE56; (1984)4SCC59; 1984(16)LC915(SC)

..... the amount awarded by the high court, respondent-state shall have rs. 2 lakhs as and by way of damages for loss of profit for breach of contract committed by the respondent with interest at 6% from the date of the suit and proportionate costs. the court fee shall be recovered proportionately from ..... the appellant. having heard them, we are satisfied that the appellant should be awarded rs. 2 lakhs under the head 'loss of estimated profit' for breach of contract by the respondent.13. mr. aneja next contended that the high court was in error in substantially rejecting the claim in the amount of rs. 1, ..... well as longitudinal sections of the roads. in our opinion, while estimating the loss of profit that can be claimed for the breach of contract by the other side, it would be unnecessary to go into the minutest details of the work executed in relation to the value of the ..... , the high court accepted that loss of profit at 15% of the price of the balance of works contract would provide a reasonable measure of damages if the state is guilty of breach of contract. the present appeal is concerned with the same type of work for a nearby portion of the same road ..... matter, therefore, we are of the opinion, that the respondent-state was not justified in rescinding the contract 1 under clause (3) of the contract document.this finding clearly establishes that the respondent was guilty of breach of contract. mr. t.u. mehta, learned counsel who appeared for the respondent attempted to persuade us to .....

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Sep 13 1923 (PC)

ShamsudIn Tajbhai Vs. Dahyabhai Maganlal

Court : Mumbai

Reported in : AIR1924Bom357; (1924)26BOMLR105; 84Ind.Cas.947

..... entitled to damages on that basis. firstly, the actual damages are to be assessed at the excess of the contract price over the market value on february 5, 1921 (of illustration (d) to section 73, indian contract act), and not its market value in march 1921 which may have been considerably lower. and, secondly, the plaintiff ..... or june 1920, as they might otherwise have been, it seems not improbable that the defendant would have been willing to push through completion, and the contract would have been carried out. in the circumstances, i think plaintiff is not entitled to any more damages than his taxed costs of and incidental to ..... is not a fact that, as pleaded in para 7 of the plaint, he has been always ready and willing to perform his part of the contract.6. issues nos.4 and 5 are as to the damages, if any, to which plaintiff is entitled. in the plaint rs. 15,000 are ..... i answer this in the negative. not only is the delay on his part of the investigation of title against him, but he also treated the contract as broken in accordance with the notice given by his attorneys' letter of january 25, 1921, and by subsequently putting up the property for auction. it ..... was used. i, therefore, answer issues nos. 1 to 2b as follows:-issues. answers.(1) whether the plaintiff or the (1) the defendant on februarydefendant committed breach of 5, 1921, when the timecontract? limit of ten days expired.(2) whether the plaintiff has made (2) yes.out a marketable title?(2a) whether the plaintiff .....

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Oct 10 1916 (PC)

Abdul Razak and Abdul Gafoor Vs. Mahomed Hussen Dalvi

Court : Mumbai

Reported in : (1917)19BOMLR164

..... this case as well as in the case of any other contract. under that section the promisee is, on breach by the promisor of his contract, entitled to receive from him compensation for any loss ..... or damage caused to the promisee by such breach or which the parties knew when they made the contract to be likely to result from the breach of it. moreover, under section 65 of the indian contract act the promisee is entitled to the return of his consideration or compensation in ..... the case of the breach of a promise for valuable consideration made by the father of a mahomedan girl to give her in marriage i am not to be taken as saying that the ordinary results which flow under section 73 of the indian contract act from the breach of a contract should not follow in ..... respect of it as on a failure of consideration. these are principles which are applicable to every contract and have ..... this.6. only so far, therefore, as the plaintiff in this case claims a lump sum of rs. 2000 as damages for breach by the defendant of his contract with the plaintiff do i hold that he is not entitled to succeed. the suit must proceed with regard to the other reliefs .....

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Jul 23 1923 (PC)

Steel Brothers and Co. Ltd. and anr. Vs. Dayal Khatao and Co.

Court : Mumbai

Reported in : (1923)ILR47Bom924

..... as on a breach of it: indian contract act, section 39; frost v. knight (1872) l.r. 7 ex. 111. in the latter case, the repudiation operates as a waiver 01 conditions precedent ..... treat the notice of intention as inoperative, in which case he keeps the contract alive for the benefit of the buyer as well as his own; or, he may treat ..... on both sides as to the rule of 'anticipatory breach' in its relation to c.i.f. contracts. it is now elementary taw that where, in a contract for the sale of goods, the buyer clearly shows his intention not to be bound by and to repudiate the contract, it amounts to a breach of the contract: indian contract act, section 120. in such a case the seller may ..... the repudiation as a wrongful putting an end to the contract, and may at once bring his action .....

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Jul 23 1923 (PC)

Steel Bros. and Co. Ltd. Vs. Dayal Khatav and Co.

Court : Mumbai

Reported in : 87Ind.Cas.67

..... as on a breach of it: indian contract act, section 39; frost v. knight (1872) 7 ex. 111 : 41 l.j. 78 : 26 l.t. 77 : 20 w.r. 471. in the latter ..... treat the notice of intention as inoperative, in which case he keeps the contract alive for the benefit of the seller as well as his own; or, he may treat ..... on both sides as to the rule of 'anticipatory breach' in its relation to c. i. f. contracts. it is now elementary law that where in a contract for the sale of goods, the buyer clearly shows his intention not to be bound by and to repudiate the contract, it amounts to a breach of the contract: indian contract act, section 120. in such a case the seller may ..... the repudiation as a wrongful putting an end of the contract, and may at once bring his action .....

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Jul 23 1923 (PC)

Steel Bros. and Co. Limited Vs. Dayal Khatav and Co.

Court : Mumbai

Reported in : AIR1924Bom247; (1923)25BOMLR1063

..... as on a breach of it: indian contract act, section 39; frost v. knight (1872) l.r. 7 ex. 111. in the latter case, the repudiation operates as a waiver of conditions precedent ..... treat the notice of intention as inoperative in which case he keeps the contract alive for the benefit of the seller as well as his own; or, he may treat ..... on both sides as to the rule of 'anticipatory breach' in its relation to c.i.f. contracts. if is now elementary law that where in a contract for the sale of goods, the buyer clearly shows his intention not to be bound by and to repudiate the contract, it amounts to a breach of the contract: indian contract act, section 120. in such a case the seller may ..... the repudiation as a wrongful putting an end of the contract, and may at once bring his action .....

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Feb 06 1996 (HC)

N. Sukumaran Nair and anr. Vs. P. Narayanan

Court : Chennai

Reported in : (1996)2MLJ184

..... of the family of the injured party.16. v.g. ramachandran - on 'the law of contract in india' - volume ii - (1971) in his commentaries on section 73 of the indian contract act, has said thus:breach of promise of marriage: there are three cases where damages recoverable for breach of contract have certain limitations. they arise in the case of(i) injured feelings and reputation;(ii) non ..... reputation can be admitted under the language of section 73, indian contract act, has nowhere presented any difficult. the expression loss or damage used in the section covers not merely pecuniary loss but also very other kind of loss or damage which is suffered by a person as a result of the breach of contract of marriage. consequently it has been held in several cases ..... author says that the awarding of exemplary damages in the case of breach of marriage has now ceased in view of the statute law passed in 1970.15. law of damages and compensation - 5th edition (1985) volume iii - by c. kameshwara rao - deals with the topic 'damages under section 73, indian contract act.' at page 2316, the learned author has said thus:the question ..... . lower appellate court confirmed all the findings of the trial court. but, on the question of awarding damages, it held that in the case of loss of reputation arising from breach of contract, it is impossible to set the money value upon the injury suffered, for, who can measure in terms of money, the injury sustained by wounded feelings. therefore, it is .....

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Jul 21 1948 (PC)

Raj Rani Vs. Prem Adib

Court : Mumbai

Reported in : AIR1949Bom215; (1949)51BOMLR256

..... the minor's contract is a void contract, he is not entitled to sue for damages for breach of such contract including the contract of service where the contract was entered into by the minor himself. the rights ..... which a minor may gain under section 70 of the indian contract act are rights which, strictly speaking, do not arise by virtue of ..... , the minor is not personally liable though his property may be made liable where the contract is made by his guardian who has the authority to bind his property. it is held that the minor is not liable under section 70 of the indian contract act for breach of an implied contract: see bankey behari prasad v. mahendra prasad. i.l.r. (1940) pat. 73931. as ..... the contract made by the minor but by reason of the relationship resembling those created .....

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Jan 12 1983 (HC)

Sabina D'Costa Vs. Joseph Antony Noronha

Court : Karnataka

Reported in : AIR1984Kant122; 1983(1)KarLJ452

..... for when a contract has been broken, if a sums 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 party ..... case,. what is contemplated by the parties is forfeiture by way of penalty. that being so, section 74 of the indian contract act comes into play. the courts below have concurrently held that it ii the plaintiff that committed the breach of contract. they have further held that the defendant also has not proved any special damages caused to her. in the circumstances, ..... complaining of the breach is entitled, whether or not actual damage or loss ..... 74 of the contract act would come into play. the supreme court has also observed that even if there is a clause for forfeiture by way of penalty, the court is not only empowered but has a duty to apply i he provisions of section 74 of the. contract act. 14. section 74 of the indian contract act reads:'compensation, for breach of contract where penalty stipulated .....

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Mar 28 1952 (HC)

V.K. Kumaraswami Chettiar and ors. Vs. P.A.S.V. Karuppuswami Mooppanar

Court : Chennai

Reported in : AIR1953Mad380; (1952)2MLJ785

..... the repudiation as wrongful putting an end to the contract and may at once bring his action as on a breach of it. (indian contract act, section 39). but the repudiation which absolves the seller from the performance of conditions precedent must have been made before the due date for ..... treat the notice of intention as inoperative, in which case he keeps the contract alive for the benefit of the buyer as well as his own or he may treat ..... said on both sides as to the rule of 'anticipatory breach' in its relation to c. i. f. contract. it is now elementary law that where in a contract for sale of goods a buyer clearly shows his intention not to be bound by it and repudiates the contract it amounts to a breach of the contract (indian contract act, section 120). in such a case the seller may ..... the performance of the contract. this date in the case of c. i. p. contracts is the date on which the documents ought to have been tendered .....

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