Court : Delhi
Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681
..... v. shri narendra anand and ors. : 1991(21)drj53 .25. before considering the case law on the subject of section 27 of the indian contract act, 1872, it would be instructive to have another look at the said non-solicitation clause. a reading of the clause indicates that it has two components. the ..... if: (1) there was a non-employment (non hire) clause in the agreement; (2) the agreement was subsisting; and (3) section 27 of the contract act, 1872 was repealed.24. mr arun mohan also placed reliance on the following decisions:i) superintendence company of india (p) ltd v. sh. krishan murgai : (1981) ..... that agreement did not contain a non-solicitation clause. fourthly, he mentioned that any restraint on employment would be vocative of section 27 of the indian contract act, 1872 and that the ratio of the decision in the case of pepsi foods ltd and ors. v. bharat coca-cola holdings pvt. ltd and ors. ..... non-solicitation clause does not amount to a restraint of trade, business or profession and would not be hit by section 27 of the indian contract act, 1872 as being void.49. however, the question that arises is what happens when the respondent has solicited and/or induced or encouraged employees of ..... considerations for determining whether an agreement is in restraint of trade, business or profession and is hit by section 27 of the indian contract act, 1872. in fact, the supreme court in gujarat bottling (supra), did not go into the question whether reasonableness of restraint is outside the purview .....Tag this Judgment!
Court : Chennai
Reported in : (2008)2MLJ880
..... factum, the learned counsel for the appellant cited the decision : (1999)iimlj666 (thirumalai vadivu ammal (died) and 4 ors. v. muthammal and anr.) wherein it is held as follows:contract act, 1872, section 18 - misrepresentation as to nature of document executed - suit to set aside settlement deed - plaintiff is an uneducated person - plaint property leased out to third party - lessee ..... power of attorney - burden by lady is on purchaser - lower appellate court not approaching the evidence in this perspective of law - case remanded for disposal according to law (contract act (1872), section 16).27. he also cited : air1999ori154 (smt. sita bewa v. gangadhar bharati and ors.) wherein it is observed as follows:where the executant of a deed is ..... not maintainable.20. the learned counsel for the appellant cited : air1948cal84 (sm. karunamoyee debi v. sm. maya moyi debi and ors.) wherein it is held as follows:(a) contract act (1872), sections 10, 11 and 16 - purdanashin lady - transactions by - principles to be applied stated.the protection given to purdanashin ladies is given to persons who are really kept in ..... for 18 years.14. the learned counsel for the appellant relied on the decision : air2006sc3608 (prem singh and ors. v. birbal and ors.) wherein it is held as follows:contract act, 1872 - sections 17 to 19 - fraudulent misrepresentation - document/transaction when void and when voidable - held, when fraudulent misrepresentation is with respect to character of document, it is void, .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
..... or fraud and only a particular stipulation is vitiated. it all depends upon facts of each case. the plaintiff is entitled to rely on sections 14 and 15 of indian contract act, 1872 as well as the general principles of law of economic duress now being recognised in english, american and australian legal system. whenever the duress results in a varied ..... to the plaintiff then and there before accepting the supply, the defendant no. i did not say a word. on this aspect, theexplanation to section 17 of the indian contract act, 1872 is of considerable significance. the said explanation reads as under:--'explanation silence as to facts likely to affect the willingness of a person to enter into a ..... law enunciated in english, american and australian judgments have no relevance in indian legal system. the indian contract act, 1872 is not exhaustive. the, above-referred principles are also relevant for interpretation and elucidation of law of coercion contained in section 15 of indian contract act, 1872. these principles was broadly approved by our supreme court in a different context in the case of central ..... 's case and cannot be ignored in a case pertaining to bank guarantee as bank guarantee is also a contract governed by the same provisions. section 15 of the indian contract act, 1872 defines 'coercion' as under:-- ' 'coercion' is the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to detain, any property, to .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)
..... in theory but, in practice, it caused serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged.3 ..... of the liabilities under the said guarantees.38. this stand, however, is refuted by the plaintiffs relying on the amended section 28 of the indian contract act, 1872. according to the plaintiffs, by virtue of the said amendment, it is no longer open to the defendant bank to contend to the contrary.39. ..... was relieved and discharged of its obligation on and from 30th april 1997, was untenable in view of the amended section 28 of the indian contract act, 1872, which came into force on 8th january 1997, on which date, admittedly, the bank guarantee was valid. it is stated that in view of ..... discharged from all their liabilities. according to the defendant no. 2 bank, the plaintiffs were ill-advised to rely on section 28 of the indian contract act, 1872 which amendment had no impact on the contractual obligation qua the defendant no. 2 bank. on the basis of the pleadings of the plaintiffs and defendant ..... 27th/28th august 1997, the plaintiffs informed the defendant no. 2 that in the light of the amendment to section 28 of the indian contract act, 1872, which came into force with effect from 8th january 1997, the bank was not absolved of its obligation to make payment under the bank .....Tag this Judgment!
Court : Delhi
Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194
..... such a case the party complaining of the breach would be entitled to reasonable compensation not exceeding the penalty stipulated. while considering the provisions of section 74 of the indian contract act, 1872, the supreme court, in fateh chand (supra) observed that although proof of 'actual loss or damage' was dispensed with, there must, however, be legal injury before compensation can be ..... stipulation providing payment for liquidated damages and a stipulation which was in the nature of penalty, were sought to be eliminated by the introduction of section 74 of the indian contract act, 1872. it was also noted that at common law, genuine pre-estimate of damages by mutual agreement was regarded as a stipulation naming liquidated damages and was binding between the ..... court in the case of ongc (supra). thirdly, the said decision of the supreme court, in my view, merely reiterated the principles governing sections 73 and 74 of the indian contract act, 1872 which had already been settled in fateh chand (supra) and maula bux (supra). for these reasons, the first ground of challenge raised by mr. khorana is rejected.7. as ..... the arbitrator cannot be precluded from considering recent decisions. she also submitted that the ground raised by the petitioner on the basis of provisions of section 55 of the indian contract act, 1872, had been adequately dealt with by the learned arbitrator in the said award. with regard to the third and main ground raised by mr. khorana, she submitted that the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110
..... of either party to the marriage was obtained by coercion or fraud, as defined in the indian contract act, 1872. now, fraud is defined in section 17 of the indian contract act, 1872, which runs thus :- ' 'fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or ..... act, 1955.10. the difficulty arises because the word 'fraud' is not defined in the hindu marriage ..... not depart from this position, under the hindu law. i am, therefore, of the opinion that section 17 of the indian contract act, 1872, does not apply to a case of fraud under section 12(1)(c) of the hindu marriage act, 1955.12.the question still remains what then is the meaning of the word 'fraud'. d. tolstoy of the law and practice ..... that the word 'fraud' used in section 12(1)(c) of the hindu marriage act, 1955, must also be understood in the sense in which it is defined in section 17 of the indian contract act, 1872. the question, therefore, is whether the provisions of section 17 of the indian contract act, 1872, apply to fraud as understood in section 12(1)(c) of the hindu marriage .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2002Bom502; 2003(1)BomCR140; 2003(1)MhLj373
..... to whether clauses such as 15 and 8 of the respective agreements would be void and hit by the provisions of section 28 of the indian contract act, 1872. this very contention was raised before the apex court in british india steam navigation co. ltd.'s case (supra) as can be seen from ..... that the remedy of the parties before the ordinary tribunals in india to be ousted. for this purpose, reliance is placed on section 28 of the indian contract act, 1872 as well as on the decision of the delhi high court in : air1991delhi285 in rajendra sethia v. punjab national bank (para 17) and of the ..... that the question of jurisdiction ought not to be determined by the high court on the basis of the provisions of section 28 of the indian contract act in the absence of a specific provision making it applicable to transactions in international trade. in this view of the matter the view taken by ..... construed in the manner contended by the applicants that would be opposed to public policy and contrary to the purport of section 28 of the indian contract act.10. having discerned the principles enunciated in the aforesaid two decisions, it will not (now?) be appropriate to revert to clauses 15-i and ..... of jurisdiction in the case ought not to be determined by the high court on the basis of the provisions of section 28 of the indian contract act in the absence of a specific provision making it applicable to transactions in international trade.'the abovesaid observations in this decision, to my mind, squarely .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(3)ALD821; 2004(3)ALT704
..... opinion that there is no uncertainty as such so as to render these documents unenforceable in a court of law' by virtue of operation of section 29 of the indian contract act, 1872.13. it is no doubt true that the receipt ex.a-4 also was denied apart from ex.a-3. but however, the evidence of dw-2 had been discussed ..... of the terms and conditions it should be taken that these documents cannot be enforced for granting the relief of specific performance in view of section 29 of the indian contract act 1872. the learned counsel also had taken this court through exs.a-1, a-2, a-3 and a-4 and also would contend that ex.a-1 got merged with ..... the property is agreed to be sold and is not such a document hit by uncertainty as contemplated by section 29 of the indian contract act, 1872 ?2. whether ex.a-1 is hit by section 29 of the indian contract act 1872 inasmuch as it does not contain the essential terms, particularly, the price at which the property was agreed to be sold and can ..... had been specifically agreed between the parties as reflected from the terms and conditions referred to supra. section 29 of the indian contract act, 1872 reads as hereunder:'agreements, the meaning of which is not certain, or capable of being made certain, are void.'in the decision referred khiwaraj chord v. esso standard eastern inc. ( .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 55SCL92(Punj& Har)
..... . as mentioned above, the applicant-bank has relied upon the terms of the agreement as well as section 171 of the indian contract act, 1872. section 171 of the indian contract act, 1872, is in two parts. the first part is in the absence of agreement to the contrary. the banker have a right to ..... arura mat durga das, air 1960 punj. 632 has the occasion to consider the general lien of the bank contemplated under section 171 of the contract act, 1872. the rule of english law that the bank has a lien or more appropriately, a right to set off against all monies of his consumers ..... the terms of the agreement as well as in terms of the general lien of the bank as provided under section 171 of the indian contract act, 1872.16. before adverting to the merits of the respective contentions of the parties, it will be beneficial to reproduce few terms of the agreement ..... his possession in the course of his dealings as a banker with his customers, unless there is a contract, express or implied, inconsistent with the lien. the second part of section 171 of the indian contract act, 1872, states that other than bankers, factors, wharfingers, attorneys of a high court and policy brokers, ..... of a credit balance on the account or accounts at any time or any partial payments or fluctuations of accounts.' 18. section 171 of the indian contract act reads as under :--'171. general lien of bankers, factors, wharfingers, attorneys and policy-brokers.--bankers, factors, wharfingers, attorneys of a high court and .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227
..... that it is recording only a prima facie finding that clause 31(b) of the agreement is void under section 27 of the indian contract act, 1872. it is pertinent to notice that ever since the rejection of the said interlocutory application on 19.12.2003, there has been no injunction ..... counsel, appearing for the appellant submitted that the high court has failed to appreciate the true legal meaning and effect of section 27 of the indian contract act, 1872. he submitted that an agreement of 'first option' or the 'right of first refusal' of the kind contained in the promotion agreement dated ..... the appellant - percept d. markr (india) pvt. ltd. and the respondent no. 1 - zaheer khan is void under section 27 of the indian contract act, 1872 has been in restraint of trade. it was submitted by learned senior counsel for the appellant - mr. ashok h. desai that the provision such as the ..... and the learned division bench found clause 31(b) to be void under section 27 of the indian contract act, 1872. mr. desai then argued the scope and effect of section 27 of the indian contract act, 1872. according to him, section 27 deals with restraint of trade and not with promotion or regulation of ..... nor the principle of restraint being partial is applicable, unless it falls within express exception engrafted in section 27.section 27 of the indian contract act, 1872 provides as follows:-27. agreement in restraint of trade, void. every agreement by which any one is restrained from exercising a lawful profession .....Tag this Judgment!