Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: allahabad Page 1 of about 19,469 results (0.042 seconds)

May 20 1993 (HC)

Nutan Kumar and Others Vs. Iind Additional District Judge, Banda and O ...

Court : Allahabad

Reported in : AIR1994All298

..... relating to all agreements constituting subsratum of a valid contract are subject to and governting by the indian contract act, 1872, hereinafter called the contract act.3. clauses (h) and (g) of section 2 of the contract act declare that all agreement which are enforceable by law are contracts and those which are not enforceable by law are ..... alia, that no transfer can be for an unlawful object or consideration within the meaning of s. 23 of the indian contract act, 1872.61. while the term 'consideration' .has been defined in s. 2 as aforesaid, the word 'object' though not defined in the ..... would not be hit by s. 23 of the indian contract act, 1872. he urged that the lease created in contravention of s. 11 of the act, does not in any manner, operate as an obstacle in the working of the act inasmuch as the occupation of the lessee being unauthorised in law ..... void.4. essential components of a valid contract are provided in section 10 of the contact act. these ..... 13 of the constitution, 'law' includes an order having force of law. but that definition is for purposes of article 13 only, indian contract act is act no. ix of 1872. that was long before the constitution of india, was drafted. the definition of 'law' contained in art. 13 of the constitution can .....

Tag this Judgment!

Dec 17 2002 (HC)

Gokul Prasad Vs. Additional District and Sessions Judge and ors.

Court : Allahabad

Reported in : 2003(2)AWC1393

..... desires to sue the firm does not in any manner affect this right of the plaintiff.'44. applying the principles underlying section 43 of the indian contract act, 1872 and order i rule 6 of the code of civil procedure, it is evident that the impleadment of the petitioner as the opposite party in the ..... case.43. the question of impleadment of parties to the release application may be examined from the point of view of section 43 of the indian contract act, 1872 and order i rule 6 of the code of civil procedure also. examining the scope of the said provisions, a division bench of the jammu and ..... procedure for suing a firm. it does not vary or abrogate the right which is available to the plaintiff under the provisions of section 43 of the contract act. nor does order xxx rule 1 control or override the provisions of order i, rule 6 of the civil procedure code. the plaintiff can well chose to ..... doubt this rule does not speak of joint liability, but relates to several and joint and several liability. but the effect of section 43 of the contract act is to render joint liability into joint and several liability. this was assumed and if i may say so with respect-rightly assumed in ilr 21 mad ..... chooses and excludes the right of a joint promisor to be sued along with his co-promisors.9. even, so, the question is whether section 43, contract act applies to partners. there appears no reason in principle why it should not, and there is sufficient authority for holding that it does.17. in dealing .....

Tag this Judgment!

May 22 1992 (HC)

Mahendra Pratap Singh (Deceased) and Another Vs. Smt. Padam Kumari Dev ...

Court : Allahabad

Reported in : AIR1993All143

..... authority of agents are not different for a power of attorney holder, than given in chapter x of the contract act, 1872. who may employ an agent? the answer is given in section 183 of this act: 'any person who is of the age of majority acording to the law to which he is subject, ..... duly proved. the exceptions are the previleged communications. this is the court's power to interrogate. this is prescribed in section 165 of the evidence act, 1872.54. if the lawyer or the litigant refused to participate in inquiries by the court or refuses or expresses inability to respond to the court's inquiries ..... family and all the members of the family have yet to see the court.58. ajit singh panwar is committing an immoral and an unethical act by acting on a power of attorney of a principal whom he knows is mentally unsound, weak, suffers from mental infirmity and has no legal capacity to ..... under order xxxii. when the defendant or the gentleman opposing him chal-lenged his authority, ajit singh panwar ran away. if ajit singh panwar could act on a power of attorney it has exhausted itself with the incapacity of his principal, padmakumari devi. ajit singh panwar stretched his limits beyond the law ..... . this affidavit, alleges that ajit singh panwar instructs mr. p. k. misra, advocate, mr. p. k. misra advocate, or ajit singh panwar who acts on a power of. attorney would not appear before the court when this affidavit was filed.15. these matters now raises serious questions which must be answered before .....

Tag this Judgment!

Mar 20 1990 (HC)

M/S. Shyam Biri Works Pvt. Ltd. Vs. U.P. Forest Corporation and Anothe ...

Court : Allahabad

Reported in : AIR1990All205; (1990)3UPLBEC1643

..... transaction goes forward. can this earnest money be forfeited in the present case? it is the case of the corporation that it was paralysed in finalising the contract. the terms of s. 56 of the contract act, 1872, apply to the present case.35. section 56 lays a positive rule relating to frustration and does not leave the matter of frustration to the court ..... in certain litigations. this has reference to the letter no. c-365 dated 19 september, 1989 it wrote to the petitioner company.30. in terms of sec. 4 of the contract act, the acceptance was not complete, as it was never made. it was never put into transmission. the offers of the petitioner company were never accepted, within the period stipulated. the ..... the law. the misunderstanding is in not appreciating the facts with the law.27. the contract act refers to the formalities of communications and when such communications are complete. both an offer or an acceptance are modalities of communications, without which a ..... of finding out when the proposal, the acceptance and revocation are complete by the communication of it.26. the mechanics of this state contract in the process of it's making will have to be seen under the contract act. the parties, the court is afraid, have not aided the court to see the facts of this case, which are not disputed, with .....

Tag this Judgment!

Sep 09 1986 (HC)

Chhotey Lal Gupta (Deceased by L.Rs.) Vs. Union of India (Uoi)

Court : Allahabad

Reported in : AIR1987All329

..... ., 1966 the divisional superintendent, lucknow, had sought to impose new conditions, it has to be seen as to what is the legal effect of the same. section 7 of the contract act 1872 provides that in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. if this is not done and certain new conditions are added or ..... 26th sept 1966 the divisional superintendent, lucknow, wrote to the plaintiff to provide basic labour amenities, qualified blaster and qualified manager as required under the mines act in the quarry during the currency of the contract. in paragraph 2 of the said letter it was further stated that in case the plaintiff was agreeable for the above, he is requested to attend ..... tender itself which are as follows : -- ' 17. the contractor shall be responsible to comply with the instructions and provisions of all the acts in force at the time of execution of the contract and passed during the currency of the contract. 18. the contractor shall at the times keep the railway administration indemnified against all penalties that may be imposed by the government ..... provide a qualified blaster and qualified manager as required under the mines act 1952 in the quarry during the currency of the contract. the condition mentioned above nowhere makes reference of such a provision in the terms of the contract. in my opinion a bare perusal of the terms of the contract, as stated above, will show that the said conditions do not lay .....

Tag this Judgment!

Nov 15 2002 (HC)

Ram Ashish Chaudhary and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2003(1)AWC613

..... management and the person so appointed. any contract can be entered into only by a contracting party who is major and no contract can be entered into by a minor. however, any person can act on behalf of the minor. a contract entered into by a minor is a void contract in terms of section 11 of the indian contract act, 1872. in ma hnit and ors. v. hashim ..... ebrahim metev and anr., air 1919 pc 129, it has been held that a contract by minor is void and not merely voidable. thus ..... unless it is clearly stated that the qualifications are relaxable. no court should be a party to the perpetuation of the fraudulent practice. he further submitted that if by fraudulent act the appellants-writ petitioners have been able to obtain appointment that would not justify their claim for getting salary from the state exchequer.9. having heard learned counsel for the ..... one initially must have taken into consideration in the normal course of human business the exigencies of service to employ him at 16 years of age or so, otherwise by act and conduct the age is deemed to have been relaxed. he further submitted that even if the order of appointment, which has been approved by district basic education officer and .....

Tag this Judgment!

Mar 04 1987 (HC)

Km. Indu Mehta Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1987All309

..... , according to us, it is not, the payment made under any mistake or coercion, the same would have been liable to be recovered under section 72 of the indian contract act, 1872. the impugned recovery of the alleged excess payment of rs. 5,056/-sought to be effected against the petitioner is, obviously, unjustified and invalid.22. the impugned recovery from ..... holder of the office of the said post. here another equally settled equitable principle 'restitution and prevention of unjust enrichment' and the provisions of s. 70 of the indian contract act, 1872 incorporating the said principle, would step in to assist the petitioner to support her claim for the fees for the services rendered by her as assistant district government counsel ( ..... the. period between 1st feb., 1983 and 30th april, 1985. in view of the well settled equitable principle 'quantum merit' and the provisions of section 65 of the indian contract act, 1872 which embody the said equitable principle.19. rationally, it cannot be held that in rendering her services to the government of uttar pradesh as assistant district government counsel (criminal), ..... of the office of assistant district government counsel (criminal). as a matter of fact when the petitioner accepted the request and acting upon it rendered her services as assistant district government counsel (criminal), kanpur dehat, an implied contract imposing upon the state of uttar pradesh an obligation to pay to her the remuneration for the service rendered by her as .....

Tag this Judgment!

Dec 08 1988 (HC)

Zila Parishad, Muzaffarnagar and anr. Vs. Udai Veer Singh

Court : Allahabad

Reported in : AIR1989All64

..... of the auction do not spell out the time within which the approval is to be granted. 26. the time for performance of the contract, and it cannot be denied that it is a contract within the meaning of contract act-1872. thus, while having reservation on the highest bid may be an express condition left to the discretion of the district magistrate and/or ..... to the hope of acceptance of the district magistrate and/or administrator, implying thereby approval. 22. in matter relating to contracts the expression 'reasonable time' has been referredto both in the sale of goods act-1930 and the contract act-1872. the sale of goods act makes a reference to this expression in section 63, which reads as under:-- '63. reasonable time a question of fact ..... fact'. a reference to the same expression can be found in section 46 of the contract act-1872. this section reads as under time for performance of promise where noapplication is to be made and no time is specified.%46. where by the contract, a promisor is toperform his promise without application by the promises and no time forperformance is specified ..... --where in this act any reference is made to a reasonable time, the question what is reasonable time is a question of .....

Tag this Judgment!

Apr 10 1957 (HC)

B. Bajranj NaraIn Vs. Shri Ram

Court : Allahabad

Reported in : AIR1957All644

..... to us to be well-founded. a reference to section 37 of the contract act, 1872, act ix of 1872, would indicate that there is repugnancy between the provisions of the indian contract act and the provisions of u. p. act x of 1949. section 37 of the indian contract act runs as follows:'the parties to a contract must either perform, or offer to perform their respective promises, unless such ..... the same matter' (the remaining portion is not relevant) .7. learned counsel for the appellant argued that the provisions of the u. p. act being in conflict with the provisions of the contract act (act ix of 1872), which is a central act, were to that extent void under sub-section (1) of section 107. the provincial legislature could, however, under section 107(2) enact a ..... valid piece of legislation repugnant to the provisions of an earlier federal law or an existing indian law (i.e., the contract act in the present case) provided .....

Tag this Judgment!

Nov 03 1998 (HC)

Mool Chand Vs. Sanwat Ram and Another

Court : Allahabad

Reported in : 1998(4)AWC715

..... of contract. --when a contract has been broken, the party who suffers by such breach is entitled to receive from the party who has broken the ..... the case, and that some compensation for breach of the contract should also be made to the plaintiff it shall award him such compensation accordingly. (4) in determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872.' ' 73. compensation for loss or damage caused by breach ..... of the trial court on the point appears to be correct and there is no ground for interference in this appeal.' 11. section 21 of the specific relief act and section 73 of the contract act, are relevant for determination of the aforesaid question, which are quoted below :'21. power to award compensation in certain cases.--(1) in a suit for specific performance ..... upon the courts below to decree the suit for damages and compensation in view of the provisions of section 21 of the specific relief act read with section 73 of the contract act. the courts below according to him have acted illegally in dismissing the plaintiffs suit for recovery of damages and compensation as well as appeal filed by him.7. on the other .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //