Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: allahabad Year: 2011 Page 1 of about 75 results (0.049 seconds)

Jan 21 2011 (HC)

Vijai Singh Vs. Samar Singh and Another

Court : Allahabad

Decided on : Jan-21-2011

..... sufficient cause for not preferring the appeal or making the application within such period. 29. savings. (1) nothing in this act shall affect section 25 of the indian contract act, 1872. (9 of 1872.) (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from ..... question of extending the time could therefore arise. we therefore think that the high court misdirected itself in referring to section 5 of the limitation act." 6. thereafter there are several other authorities of the supreme court taking similar view. the two latest authorities of the supreme court reported in ..... or making the application within such period." the collector to whom the application was made was not a court, though section 15 of the act vested him with certain specified powers under the code of civil procedure; also, the kind of application that was made had no time limit ..... 5 could be invoked in connection with the application made on october 17, 1965 by the first respondent. under section 5 of the limitation act an appeal or application '' may be admitted after the prescribed period if the appellant or applicant satisfies the court that he had sufficient cause for ..... 2. this writ petition is directed against order dated 29.10.1997 passed by district registrar, jalaun in an appeal under section 72 of registration act 1908 samar singh vs. vijai singh. through the impugned order 3 months and 24 days delay in filing appeal has been condoned. the sale .....

Tag this Judgment!

Jul 08 2011 (HC)

Reserve Bank of India Vs. Krishi Export Com. Corpn. Ltd.

Court : Allahabad

Decided on : Jul-08-2011

..... superior courts. the aforesaid two decisions of the delhi high court ignores the above precedents and on the basis of section 53- a of the t. p. act read with section 202 of the contract act proceeds to protect the right and interest of the prospective purchasers on the strength of the agreement to sell with irrevocable power of attorney. granting of protection ..... in view of section 53-a of the t. p. act and section 202 of the contract act to such person is altogether a different thing than in holding that the agreement to sell is virtually a transaction of sale. in view of the above, the ..... himself grants an agency to the prospective purchaser, such an agency is not liable to be terminated unless expressly provided in the contract or for the reasons provided in the contract. the aforesaid principal is part of section 202 of the contract act which provides where the agent has interest in the property, the agency can not be terminated causing prejudice to his interest ..... unless there is a provision to this effect in the contract. it is based upon the aforesaid two provisions of section 53-a of the t.p. act and section 202 of the contract act, the possession and use of the property by the applicant stands protected. section 536(2) of the companies .....

Tag this Judgment!

Apr 27 2011 (HC)

Sri Horilal and Another Vs. Additional District Judge, Court No.6, Agr ...

Court : Allahabad

Decided on : Apr-27-2011

..... 882. he submitted that the orders of the court below are patently illegal and are liable to be set aside. he submitted that under section 56 of the contract act, the decree stands void, which cannot be executed in view of the subsequent event. therefore, the orders of the courts below are liable to be quashed. ..... and his rights, title and interests ceased in that property by virtue of clause (a) of section 30 of the act, the agreement for sale became void within the meaning of section 56 of the contract act, and it is futile to urge that they were saved by clause (a) or clause (b) of section 30 ..... of the act. 9. in the present case, the description of the property has been completely changed. the suit was decreed in respect ..... consideration of section 30 of the u.p. consolidation of holdings act, 1953 and section 56 of the transfer of property act, has held as follows:section 54 of the transfer of property act shows that a contract for the sale of immovable property is a contract that a sale of such property shall take place on terms ..... fact what the defendant was bound to do under section 55(1) (d) of the transfer of property act was to execute a proper conveyance of the property which was the subject-matter of the contract for sale, and not of any other property. so when he lost that property as a result of the .....

Tag this Judgment!

May 02 2011 (HC)

State of U.P. and ors. Vs. Dy. Labour Commissioner and anr.

Court : Allahabad

Decided on : May-02-2011

..... registered in india, or] (ii) employed in any such capacity as is specified in schedule ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a ..... , when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;""(n) "workman" means any person who is- (i) a ..... schedule vii list 3, if it is already covered therein, otherwise such power may become ultra vires. both the enactments i.e. 1923 act and 1944 act are pre constitutional enactments and are continuing by virtue of article 372 of the constitution but the fact remains that 1944 enactment being a subsequent one ..... maintain it so as to discharge statutory duties under the said provisions. it is this establishment of "fire brigade" which was continuing when the workman compensation act, 1923 (act no.8 of 1923) was enacted and came into force on 1 st july, 1924. the definition of "employer" and "workman" are contained in ..... a team of persons for controlling fire in public or private premises etc. was made by the provincial legislature in u.p. municipalities act, 1916 (act no.2 of 1916). this act received assent of lieutenant governor of u.p. on 11 th may, 1916 and of the governor general on 15 th june, .....

Tag this Judgment!

Jan 05 2011 (HC)

Thakur Prasad Madhesiya Vs. State of U.P. and Others

Court : Allahabad

Decided on : Jan-05-2011

..... this court. it was not open for the full bench to comment that the authority was not compatible with provisions of sections 10 and 23 of the contract act. the full bench also realised that there are no conflicting authorities. they therefore say that this authority is "perhaps in conflict with" the decisions in ..... holds as follows: "with utmost humility and reverence it is stated that above observations are not compatible with provisions of section 10 and 23 of the contract act. otherwise also, it is most respectfully pointed that the statement of law contained in the said observation is, perhaps, in conflict with the law declared ..... it has been held by the hon'ble apex court in the case of nanakram v. kundalraj, 1986 (3) scc 83, that inter se parties contract, even if, it is if against the provisions of law is binding and ejectment proceedings therein have been held to be maintainable. thus as far as ..... a suit for ejectment of a trespasser to get back possession from a trespasser could always be filed. such a suit would not be on the contract/agreement between the parties and would thus not be hit by principles of public policy also." 11. thus, it was held that unless the statute ..... . said contract of tenancy is not binding of rent control and eviction officer and even on prospective allottee,and the machinery for declaring vacancy can always be set in motion and on vacancy being declared landlord has every right to file release application under section 16(1)(b) of u.p. act no. .....

Tag this Judgment!

Mar 31 2011 (HC)

Kaluwa and Others Vs. State of U.P. and Others

Court : Allahabad

Decided on : Mar-31-2011

..... holder can give the said land in choice.11. however, under section-65 of contract act "when an agreement is discovered to be void or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it or to make compensation for it, to the person from ..... tenure holder or state, by itself selected the land to be taken as surplus. in any case in view of section 5(8) of the ceiling act as interpreted by the aforesaid authority of the supreme court, the deeds are void hence not only state is at liberty to take possession of the sold ..... . hasan and others v. additional commissioner, 1995 rd 186.however both these authorities relate to section 5(6) and section 12-a(d) of the ceiling act which apply only to those sale deeds which were executed in between 24.01.1971 and 08.06.1973. 8. accordingly, it is held that the deeds ..... of the proceedings for determination of the surplus area would be void in view of section 5(8) of the u.p. imposition of ceiling on land holdings act 1960. the said section is quote below:s.5(8) notwithstanding anything contained in sub-sections (6) and (7), no tenure-holder shall transfer any ..... . the sale deeds were executed in 1976, 1979 and 1983.2. proceedings for declaration of surplus land under u.p. imposition of ceiling on land holdings act, 1960 had been initiated against shri laxmi prasad proposing to declare 4.83 acres irrigated land as surplus. prescribed authority through order dated 3.10.1986 held .....

Tag this Judgment!

Jan 05 2011 (HC)

Sukh Lal Vs. State of U.P. and Others

Court : Allahabad

Decided on : Jan-05-2011

..... . the issue is as to whether section 23 of the contract act is applicable in the facts of the present case. the petitioner (sukh lal) made application for sanction of loan for purchase of a vikram ..... come into being from an agreement offending a stature or public policy." 26. there can be no dispute that according to section 23 of the contract act an agreement, which is forbidden by law or which is opposed to public policy or if permitted to defeat the provisions of law, is void ..... the intervention of the court. (2) ........... (3) ........... (4) ........... (5) ..........." 13. the aforesaid of sections 15 and 16 of the 1964 act clearly indicate that the power given in the aforesaid sub-sections are in addition to any other remedy available to the said bank. thus the procedure laid down ..... standing crops thereon." (2) ............ (3) ............ 16. power of sale when to be exercised -(1) notwithstanding anything contained in the transfer of property act, 1882, where a power of sale without the intervention of court is expressly conferred on a gram vikas bank by a declaration of charge made or ..... 67,717/-. the petitioner has placed reliance on the government order dated 31st may, 1979 which provided that under the public moneys (recovery of dues) act, 1972 the mortgaged property has to be sold first. 6. sri jagannath singh, learned counsel for the petitioners, raised following submissions in support of .....

Tag this Judgment!

Feb 18 2011 (HC)

Rakesh JaIn Vs. Ms. Wellwon Builders (India) Private Ltd.

Court : Allahabad

Decided on : Feb-18-2011

..... to the question whether there is an arbitration agreement between the parties. the examination cannot extend to examining the agreement to ascertain the rights and obligations regarding performance of such contract between the parties. 15. even after the above conclusion, if the offending portion can be severed, then what is the arbitral procedure for appointment of a sole arbitrator. ..... to the decision of the arbitral tribunal) are : (a) whether the claim is a dead (long barred) claim or a live claim. (b) whether the parties have concluded the contract/transaction by recording satisfaction of their mutual rights and obligation or by receiving the final payment without objection. 22.3. the issues (third category) which the chief justice/his designate ..... decide such issue or leave it to the arbitral tribunal, be guided by the object or the act (that is expediting the arbitration process with minimum judicial intervention). where allegations of forgery/fabrication are made in regard to the document recording discharge of contract by full and final settlement, it would be appropriate if the chief justice/his designate decides the ..... not unknown to our law. governmental contracts are one such class. the applicant has not specifically categorised the objections for removal of the sole arbitrator though our attention is sought to be invited to some of the averments made in the in the affidavit of the respondents. 17. section 12 (3) of the arbitration act, provides the ground for challenge of .....

Tag this Judgment!

Apr 20 2011 (HC)

Mrs. Vandana GuptA. Vs.

Court : Allahabad

Decided on : Apr-20-2011

..... the houses/flats constructed by the authority and the rates etc., the authority after entering into the field of ordinary contract acts purely in its executive capacity.6. thereafter the relations are governed not by the constitutional provisions but by the legally valid contract which determines the rights and obligations of the parties inter se. in air 1995 sc 1 (delhi development authority ..... right to allotment. mr. ramanand pandey, learned standing counsel has contended that the petitioner can not raise any issue with regard to price fixation on the basis of a concluded contract. even if she wants to show any arbitrariness or discrimination, which can be construed as hostile discrimination against a class of people residing in the concerned sector for any reason ..... the authority and not to take possession, but after agreeing to pay the amount and by paying such amount and taking possession one can not go back from the concluded contract. in 2010 (9) scc 157 (greater mohali area development authority and others v. manju jain and others) once again it has been held by the supreme court that mere draw ..... ) awc 122 [maharia re-surfacing and construction (p.) ltd. and another v. greater noida industrial development authority and another] a division bench of this court has held that unless the contract is executed, if any offer is made pursuant to invitation to offer and the offer is accepted on some conditions, it will be simply a counter offer but not execution .....

Tag this Judgment!

Jul 26 2011 (HC)

M/S. Al Faheem Meetex Pvt. Ltd. Vs. State of U.P. and Others

Court : Allahabad

Decided on : Jul-26-2011

..... otherwise, the respondents have not been able to show any provision of the financial hand book whereby minimum three bids would be required to finalize a contract. further, the petitioner, whose bid had been given in sealed cover, had been opened. the petitioner would now be seriously prejudiced as secrecy of ..... which expired on 8.1.2005. an advertisement dated 6.12.2004 was issued by the nagar nigam, meerut inviting applications for grant of fresh contract for running the slaughter house. the validity of the advertisement was challenged by the petitioner in civil misc. writ petition no. 53782 of 2004, ..... by the learned counsel for the petitioner, it is no doubt true that as per the provisions of the act, the municipal commissioner would be final authority in the matter of awarding of contract, but he would be bound by the directions issued by the state government, for which the state government ..... is only after all formalities and procedure under the policy is completed that the contract, if any, can be awarded by the ..... is duly authorized under the act. admittedly, in accordance with the policy framed by the state government process for grant of contract is not over and it .....

Tag this Judgment!


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