Court : Delhi
Reported in : 2003IIIAD(Delhi)254; 104(2003)DLT529; 2003(68)DRJ416
..... connecting factors.' 11. in baroda oil cakes traders v. parshottam narayandas bagulia and another, : air1954bom491 , a division bench of that court, by reference to section 4 of the indian contract act, opined that 'the communication of an acceptance is complete against the proposer when it is put in the course of transmission to him, so as to be out of the power of the ..... [india] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.' 6. sections 4 and 5 of the indian contract act read thus: '4. communication when complete.-- the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. the ..... perspicuous judgment his lordship has considered all the precedents on the issue. it is apparent, however, that the attention of the court was not drawn to section 5 of the indian contract act. this interesting question has also been cogitated upon by the hon'ble supreme court in abc laminart vs. a.p. agencies, : 2scr1a , the relevant passage being the following paragraph ..... implies an agreement or the course of negotiations implies an agreement to the contrary. 7. the contract act does not expressly deal with the place where a contract is made. sections 3 and 4 of the contract act deal with the communication, acceptance and revocation of proposals. by s. 3 the communication of a proposal, acceptance of a proposal, and revocation of a proposal and acceptance, respectively .....Tag this Judgment!
Court : Chennai
Reported in : (1969)1MLJ394
..... , that is, once when the conditional acceptance is made and again when the condition is fulfilled.6. now under section 4 of the indian contract act the communication or acceptance is complete as against the proposer when it is put in the course of transmission to him so as to be out of ..... accept the offer. there was nothing to forbid revocation of the bid before its acceptance. under section 5 of the indian contract act, an offer may be revoked at any time before the communication of its acceptance is complete as against the proposer. in the present case, there has been no acceptance of the ..... provision having the force of law providing against the withdrawal of the bid. section 5 of the indian contract act entitles the maker of a proposal to revoke the proposal at any time before the communication of its acceptance is complete as against him. it is based on the principle found in section ..... the power of the acceptor and as against the acceptor, when it comes to the knowledge of the proposer. it is in the light of section 3 of the indian contract act ..... till the conditions are fulfilled and an offer before the fulfilment of these conditions can be withdrawn. the editors of pollock and mulla's indian contract act consider that rajanagaram village co-operative society v. veerswami mudali : air1951mad322 , is a case of a condition precedent where the bidder .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : (1986)IILLJ1AP
..... . 31. this problem could also be angulated from the annuls of the contractual relationship of master and servant. under s. 4 of the indian contract act, 1873, the communication of proposal (request for acceptance of voluntary retirement) is complete when it comes to the knowledge of the person (first respondent) to whom it ..... date mr. kapur continued to be in service. adverting to the effect of the dual relationship of master and servant under the contract act, mathew, j. held thus : 'there is no difficulty at all in accepting the correctness of a resignation effective from the date which both parties ..... according to english law.' in entores ltd. v. miles far east corporation (1955) 2 qb 327 ca a case of contract on telex communication, denning m.r. at page 334 held that the contract is only complete when the acceptance is received by the offeror. birkett l.j. also stated the same view. parket, ..... as to be out of the power of the respondents and the proposal may be revoked at any time before the communication of its acceptance is complete as against the appellant. chitty on contracts, 23rd edition, under general principles, in para no. 48 at page 49, stated that the general rule is ..... two things are necessary. the order has to be expressed in the name of the competent authority and then it has to be communicated. communication of the order in the proper form is the final act. (vide bachhittar singh v. state of punjab, : air1963sc395 ) which was followed in state of punjab v. amarsingh, [1966- .....Tag this Judgment!
Court : Chennai
Reported in : (1978)1MLJ371
..... made by the appellant.8. the question that arises for consideration in this context, is whether this revocation of the offer was effective or not, section 4 of the indian contract act, deals with communication of the proposal, acceptance and revocation. section 5 deals with revocation of proposals and acceptance, and section 6 provides how a revocation should be made. according to section 4 ..... the person to whom it is made, when it comes to his knowledge. the question for consideration is, whether the communication of the revocation of the offer of the appellant herein became ineffective within the terms of section 4 of the indian contract act. as i have pointed out already, exhibit a-3 was received at the office of the corporation on 19th march ..... considered. i am clearly of the opinion that the argument as well as the conclusion of the trial court in this behalf is not sound. section 2(d) of the indian contract act defines 'consideration' as follows:when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or ..... ) a.c. 847.in dunlop pneumatic tyre co., ltd. v. selfridge and co., ltd.4, lord dunedin adopted the following definition of 'consideration' contained in pollock on contracts, 8th edn., page 175-an act or forbearance of one party; or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1972All137
..... learned counsel for the government of madhya pradesh contended that the acceptance of the tender became complete in favour of saduh lal as soon as the communication was posted. under section 4 of the indian contract act, the communication of acceptance of a proposal is complete as soon as the proposal is put in the course of transmission to him so as to be out ..... the petitioner that mere posting the letter would not place it 'out of the power of the acceptor' within the meaning of section 4 of the indian contract act -- a requirement which is obligatory to make the communication of acceptance complete as against the proposer; it was argued that the post office was merely the agent of the acceptor and the acceptor could ask ..... of the power of the acceptor. under section 5, a proposal can be revoked at any time before the communication of its acceptance is completed as against the ..... sent on 28th april, 1969 to sadhu lal. it was urged on behalf of the petitioner that the communication, to fall within the scope of sections 4 and 5 of the contract act, should be shown to be one correctly addressed to sadhu lal and sent by post prepaid. when the statement made in the counter-affdavit is that it was sent to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1996IIAD(SC)318; AIR1996SC1373; 1996(1)ARBLR236(SC); JT1996(2)SC322; 1996(2)SCALE247; (1996)2SCC667; 2SCR386; 1996(2)LC48(SC)
..... sent the same to the petitioner and the petitioner though did not sign it but acted upon it which amounts to indirect acceptance'.7. section 3 of the indian contract act, 1872 envisages communication of proposal, acceptance of proposal and the revocation of the proposal and acceptance. communication of proposal is complete under section 4 when it comes to the knowledge of the ..... person to whom it is made. communication of an acceptance is complete - as against the proposer, when ..... in the draft agreement. tenders were submitted on june 30, 1984 after receipt of the modified agreement. till march 1, 1986, the respondent had not received any communication disowning the contract between it and the appellant. clause (14) of the agreement contained an arbitration clause for adjudication of the disputes. the withdrawal of the tenders by the appellant caused ..... the appellant on june 27, 1984 which contained clause (14) which formed an integral part of the contract. the modifications suggested by the respondent were acted upon by the appellant. at no point of time it was suggested by any communication that the modifications were not accepted. on the other hand, tenders were submitted on june 30, 1984 for the .....Tag this Judgment!
Court : Kolkata
Reported in : (1998)1CALLT229(HC)
..... right. in order to give any contractual right the offer has to be accepted by the other side and such acceptance has to be communicated to the person making the offer. under section 4 of the indian contract act the communication of acceptance is complete, as against the proposer, when it is put in a course of transmission to him, so as to be out ..... of the power of the acceptor, and as against the acceptor, when such communication comes to the knowledge of the proposer. we have seen, in the ..... acceptance may be revoked at any time before communication of the acceptance is complete as against the acceptor. therefore g. mohandas has no contractual ..... the offer was however not communicated to g. mohandas and was virtually revoked by the subsequent order of the learned governor dated 25.3.96 and the impugned order dated 15.4.96. therefore there was no enforceable agreement or contract between the parties in the matter. it may be noted here that section 5 of the contract act inter alia provides that an .....Tag this Judgment!
Court : Mumbai Aurangabad
..... by any act or omission of the party proposing, accepting or revoking by which he intends to ..... means of sending or receiving information, such as telephone lines or computers 3. (communications) the means of traveling or of transporting goods, such as roads or railways. definition of term ??communication ? as per indian contract act :- section 3 of indian contract act :- communication, acceptance and revocation of proposals : the communication of proposals, the acceptance of proposals, and the revocation of the proposals and acceptance, respectively, are deemed to be made ..... , unless they demand the election and their choice is honoured by majority. 62] the definition of communication as understood in common parlance that the communication must reach the person to whom it is addressed, as can be seen from the definition of said term in the indian contract act, as well as, in the dictionary, will have no application. 63] it would appropriate to refer .....Tag this Judgment!
Court : Delhi
Reported in : AIR1972Delhi234
..... open to the director of supplies & disposals, kanpur to accept the tender before the expiry of the extended period, namely, 1-5-1969. according to section 4 of the indian contract act the communication of an acceptance is complete as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the ..... described in inches the same could have been got amended according to the metric system. none of the cases decided under section 23 of the indian contract act, which have been relied upon by the petitioner, pertaining to illegal contracts and the application of the doctrine of in pari delicto have any application. the petitioner, in the language of dening, l.j., is scanning ..... of supplies & disposals, kanpur is totally opposed to the stand taken by the petitioner while filing a petition under section 20 of the indian arbitration act. the said petition proceeded on the footing that there was a concluded contract between the petitioner and the respondents and the petitioner was entitled to invoke the arbitration clause in the said agreement. nowhere was it suggested ..... not maintainable.6. the petitioner, however, with drew the application made under section 20 of the indian arbitration act and has filed the present writ petition contending, among other things, as follows:(1) that there was no concluded contract between the petitioner and the director of supplies & disposals; (2) that the agreement to supply the stores in inch sizes was against the .....Tag this Judgment!
Court : Kerala
..... ext.c1 bid, before the appellant accepting the offer made by them. 18. as per section 4 of the indian contract act, 1872 communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. similarly, the communication of an acceptance is complete as against the proposer, when it is put in the course of transmission to ..... the parties arises only on such confirmation being given by the higher authority and as such there is no concluded contract till such confirmation or approval by the higher authority. 20. as per section 7 of the indian contract act, 1872 in order to convert a proposal into a promise the acceptance must be absolute and unqualified; be express in the some usual and ..... of tender or bid being in the nature of proposal or offer, unless the highest bid or tender is accepted by the competent authority, and acceptance is communicated to the tenderer or bidder, the contract cannot be said to be concluded between the parties. a tender can be withdrawn at any time before it is accepted and if accepted by post or ..... respondent has to compensate rs.23,20,000/- to the appellant cannot be termed either perverse or patently illegal, warranting an interference under section 34(2) of the act. since there is no contract for payment of interest for damages, the arbitrator has declined interest till the date of claim and also interest pending arbitration proceedings and awarded 8% interest on the .....Tag this Judgment!