Court : Mumbai
Reported in : (1943)45BOMLR1075
..... to revoke the authority of a substituted agent. to my mind the contention of mr. taraporevala is clearly erroneous. section 195 of the indian contract act provides that in selecting a substituted agent under section 194, an agent is bound to exercise the same amount of discretion as a man ..... 's counsel admits, the test, a suit for such an injunction would, in this case, amount in effect to a suit for specific performance of a contract for hiring and service, a suit which cannot be maintained.i, therefore, hold that the defendant's nomination of plaintiff no. 1 was ..... the agents, the agents must go to the court for decision, see halsbury, vol. i, p. 210. greater certainty is required in the case of contracts for specific performance than in those for damages : see fry, p. 179; halsbury, vol. xxxi, p. 348; kemble v. kean (1829) 58 e.r. 619 ..... partnership. exhibit n should therefore be specifically enforced. the partnership firm has not yet come into existence. we are asking for specific performance of an executed contract where something remains to be done, viz. the execution of the document and the consent of the lal mills to the arrangement. ..... the rights are not defined. the agreement also lacks mutuality.36. under section 22(iii) of the specific relief act part-performance must be of a contract capable of being specifically performed. part-performance will not make contract specifically enforceable in law if it is otherwise not enforceable. see britain v. rossiter (1879) 11 q.b .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1953Kant66; AIR1953Mys66; ILR1952KAR230
..... of the oil. in view of this the plaintiff is not justified in claiming damages on the ground of defendant committing a breach of the contract.4.(a) it was contended for plaintiff that time of performance was extended and that the partial supply of oil subsequent to october implies obligation on the defendant to deliver the remaining quantity. exhibit vii dated ..... till then to seek delivery if the theory of extension is true. in -- 'sivayya v. ranganaya kuler' , where the claim was similar it was observed with reference to section 93, contract act now replaced by section 35, sale of goods act that the buyer is under an obligation to apply for delivery and the obligation may be relieved by a special ..... the respondent is not of help as it does not touch the question of delivery having to be asked for, the case was not one under the sale of goods act and for escaping the bar of limitation delivery of part of the goods beyond the time prescribed was treated as sufficient. neither in the plaint nor in the evidence in ..... the terms 'ex-mills' in ex. a it is clear that the goods had to be delivered at the defendant's mills at channapafcna and section 35, sale of goods act requires that the buyer should apply for delivery. the buyer had further to be ready with the money for payment at the time of delivery. there was no obligation on .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(6)ALLMR611; 2009(1)BomCR746; (2008)110BOMLR3496
..... does create some kind of doubt regarding intention of giving finality to the letter of termination dated 24th november 2007.22. in terms of section 55 of the indian contract act, effect of failure to perform at fixed time does provide benefit to a party as it becomes voidable at the option of the promisee provided the intention of the parties was and for ..... terms of the agreement. by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms of the contract the obligations of the parties have to be performed in a certain sequence, one of the parties to the ..... contract cannot require compliance with the obligations by the other party without in the first ..... instance performing his own part of the contract which in the sequence of obligations is .....Tag this Judgment!
Court : Delhi
Reported in : 1982(3)DRJ49; ILR1981Delhi623
..... this case whether the common law doctrine applies as a rule of law to india or not. one thing seems clear. where there is no specific provision in indian contract act about the place of performance, the courts in india can apply the principle of the english common law that the debtor must seek the creditor 1966 sb 543. (4) further held that in ..... the contract act, we have seen section 49 which provides for the place of performance. to cases to which section 49 does not apply, the courts have frequently applied common law doctrine, 'not as a rule of law but ..... sued the bank at banglore. the other defense raised by the defendant was that the nbbc practiced fraud on the bank in obtaining the performance bond as they did not inform the bank that the value of the contract had been reduced from rs. 94,94,600.00 to rs. 51,49,000.00 and the amount of the bond was accordingly ..... risks, but it is a risk to which life has accustomed us. there is no statutory provision in india on the question as to what will be the place of performance where none is specified in the contract. the courts in india have, in such cases, been guided by the common law doctrine. (5) from the terms of the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1942Mad337; (1941)2MLJ908
lakshmana rao, j.1. the amount in dispute was payable to the travancore national bank subsidiary co., ltd., towards future instalments in respect of chits held by the first respondent, the prize winner, and it was deposited in a chit savings bank account in the name of the first respondent in the travancore national bank ltd., in accordance with rule 18 (b) of the chit fund rules. rule 4 of the rules of the chit savings bank account provides that the amount deposited shall not be available for withdrawal for purposes other than for payment of chit instalments till the termination of the particular chit in respect of which the account is opened and under rule 5 the chit fund subscriptions due every month are to be appropriated and adjusted from the chit savings bank account as and when they fall due. rule 6 provides that the chit savings bank account is to be treated as an ordinary savings bank account only after the termination of the chit, and there was in effect an assignment to the petitioner of the moneys standing to the credit of the account. the amount was deposited in the manner sanctioned by the petitioner, the promisee, for the performance of the promise and under section 50 of the indian contract act the performance is good. in the circumstances the promisee has to take the risk and the decision of the lower court is correct. the revision petition therefore fails and is dismissed with costs.Tag this Judgment!
Court : Mumbai
Reported in : AIR1946Bom1; (1945)47BOMLR719
..... agreement to extend time, the time was extended so long as that forbearance continued. it is a proposition difficult to accept that under the indian law and under section 63 of the indian contract act time for the performance of a contract can be extended otherwise than by an agreement.18. mr. m.v. desai has relied on a decision of mr. justice blackwell in ratilal ..... it is clear to my mind that the promisee cannot by the mere fact of not exercising the option change or alter the date of performance fixed under the contract itself. under section 63 of the indian contract act, the promisee may make certain concessions to the promisor which are advantageous to the promisor, and one of them is that he may extend the ..... thereby bring about an agreement for extension of time. therefore it is only as a result of the operation of section 63 of the indian contract act that the time for the performance of the contract can be extended and that time can only be extended by an agreement arrived at between the promisor and the promisee.17. now i agree with the learned chief ..... be february 28, 1943, and damages must be assessed as of that date.16. under section 55 of the indian contract act, the promisee is given the option to avoid the contract where the promisor fails to perform the contract at the time fixed in the contract. it is open to the promisee not to exercise the option or to exercise the option at any time, but .....Tag this Judgment!
Court : Delhi
Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822
..... act impossible in itself is void. a contract to do an act which after the contract is made, becomes impossible, or, by reason ..... did not bind the parties.98. frustration of contract is not an abstract or nebulous concept. in india, it is statutorily recognised in section 56 of the indian contract act which relates to performance of a contract. undoubtedly, frustration of contract is a class of circumstances under which performance of a contract is excused or dispensed with. section 56 of the indian contract act reads thus:56. an agreement to do an ..... hardship or inconvenience or material loss which brings the principle of frustration of contract as envisaged under section 56 of the indian contract act into play. there must be a change in the significance of the obligation that the thing undertaken would, if performed, be a different thing from that which was contracted for. the court cited with approval the principles laid down by the apex .....Tag this Judgment!
Court : Mumbai
..... accordingly the question of the petitioners being in default could not and did not arise. it is submitted that under section 39 of the indian contract act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but there has to be an acceptance of such repudiation by promisee to put an end ..... true scope and effect of section 56 of the indian contract act and to what extent, if any, it incorporates the english rule of frustration of contracts. section 56 occurs in chapter iv of the indian contract act which relates to performance of contracts and it purports to deal with one circumstances under which performance of a, contract is excused or dispensed with on the ground of ..... have approached and decided cases under similar circumstances. 14. counsel on behalf of the respondent, however, contended that the contract was not impossible of performance and the appellant cannot take recourse to the provisions of s. 56 of the indian contract act. it was contended that under cl. 1 of the import trade control order no. 2-itc/48, dated march 6 ..... promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful." performance of the contract had not become impossible or unlawful; the contract was in fact performed by the agents, and they have received remuneration expressly stipulated to be paid therein. the indian contract act does not enable a party to a contract to ignore the express covenants thereof, and to claim .....Tag this Judgment!
Court : Delhi
..... how the arbitrators could have at all reached at such a conclusion in the face of section 52 of the indian contract act, 1872 which provides that contract when provides the stages of performance then performances have to be in the order provided under the contract. in fact, the majority award reverses the logic on its head for the benefit of respondent no.1 herein ..... benefit of the same to the petitioner, inasmuch as, if section 51 of the indian contract act applies, and there is a condition precedent stage of performance of an obligation under the contract, the petitioner therefore must also receive benefit of section 51 read with section 54 of the indian contract act if the respondent no.1 has been held entitled to the benefit of the ..... same. since the order of performance has been mentioned in the contract, section 52 of the indian contract act comes into play and the order of performance necessarily means that before the first letter of credit is issued ..... compliances of respective obligation by both the parties under the contract. as per section 52 of the indian contract act, 1872 as reproduced above, once the order of reciprocal promises to be performed are expressly fixed by the contract, they are to be performed in the order to be fixed by the contract, and hence the performance bond to be given by the respondent no.1 under .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1974AP243
..... is not sufficient that the plaintiff was always ready and willing to perform the condition precedent, and the court cannot give him a ..... held in that case that,'a wrongful repudiation of a contract by one of the parties does not enable the other party to sue to enforce the promise to him therein contained without having performed a reciprocal promise which by the contract, construed according to section 52 of the indian contract act, was to be performed before the promise which he seeks to enforce: it ..... decree subject to his doing so. the other party can treat the repudiation as determining the contract and claim damages under ..... readiness and willingness used in such a connection imply not only the disposition but the capacity to perform the contract, then says that when repudiation is accepted and acted upon by the seller, as it evidently was in this case, the seller is relieved from the performance of all conditions precedent, including the conditions of being ready and willing at the date of .....Tag this Judgment!