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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh Page 1 of about 16,316 results (0.082 seconds)

Jun 22 2005 (HC)

M.V.V. Prasada Rao Vs. Municipal Council

Court : Andhra Pradesh

Reported in : 2005(5)ALD499; 2005(6)ALT165

..... this court certain other provisions of the indian contract act, 1872 as well.5. heard both the learned counsel.6. the parties hereinafter are referred to as plaintiff and defendant as shown in o.s. no. 205 of 1986 on the ..... period is not in controversy. the learned counsel also had drawn the attention of this court to section 65 and also section 70 of the indian contract act, 1872, and would maintain that section 45 of the act would not operate as a bar to maintain the claim. the learned counsel also placed reliance on certain decisions apart from bringing to the notice of ..... in council, : air1952cal306 , distinguished'. this is a case decided in relation to a panchayat, no doubt in the context of the provisions of the indian contract act, 1872, in general and sections 65 and 70 of the said act, in particular.(4) in h.s. rikhy, dr. v. new delhi municipal committee, : [1962]3scr604 , a three judge bench of the apex court while dealing ..... the defendant had completed the period and had derived the total advantage without entering into any written agreement whatsoever with the plaintiff.19. section 65 of the' indian contract act, 1872, dealing with the obligation of person who had received advantage under void contract and contract that become void reads as hereunder:'section 65: obligation of person who has received advantage under void agreement or .....

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Aug 20 2005 (HC)

Peri Bhaskararao and ors. Vs. Sathi Adilakshmi

Court : Andhra Pradesh

Reported in : AIR2006AP212

..... . the counsel also pointed out to relevant provisions of the evidence of dw-1, dw-2 and dw-3 as well and had explained the relevant provisions of the indian contract act 1872 in this regard. the learned counsel with all emphasis would maintain that having taken the services of pw-1 to the maximum extent for the purpose of dereservation and having ..... contents thereof. the learned counsel also made elaborate submissions in relation to implied agency and ratification while drawing the attention of this court to the relevant provisions of the indian contract act 1872. the learned counsel also would maintain that at the lime of the execution of the agreement the same was proceeded on the ground that the executants alone are the owners ..... is a necessary party to the suit for enforcing the mortgage security. that is the position warranted by section 6 of the hindu succession act, read with section 67 of the transfer of property act, section 45 of the contract act and order 34, rule 1, c.p.c. the clear language of that section leads to that conclusion.pw-1 on the aspect ..... -parties to the agreement of sale in question are bound by the agreement of sale or not. in indian contract act and specific relief act, pollock and mulla, volume ii, on the aspect of 'implied ratification' it was stated:ratification can be implied from any act which reflects the conscious adoption of the transaction. it can even be inferred from silence or mere acquiescence .....

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Feb 29 2000 (HC)

N.A. Radha and Others Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : 2000(2)ALD560; 2000(2)ALT484

..... that the petitioner's letter dated 18-10-1988 constitutes an agreement in terms of section 25(3) of the contract act.13. section 25(3) of the indian contract act, 1872 (for short 'the contract act') is in the following terms:'section 25. agreement without consideration void, unless it is in writing and registered, or ..... . orally, it was alternatively contended, that the letter dated 18-10-1988 constitutes an agreement within the meaning of section 25(3) of the contract act. this court has considered both these contentions on the basis of the established facts as available on record. the respondent had ample opportunity to plead ..... or even taken in conjunction with the corporation's letter dated 15-11-1988, constitute an agreement in terms of section 25(3) of the contract act.19. sri y.n. lohita, learned standing counsel for the corporation has vehemently contended that the question of limitation is often a mixed question of ..... ,000/-proposed to be paid. there is thus no agreement between the petitioner and the corporation in terms of section 25(3) of the contract act that could be culled out from the contents of the letters dated 18-10-1988 and 15-11-1988 of the petitioners and the respondent- ..... considered in every case. if it amounts to an acknowledgment, the writing would not be useful for the plaintiff under section 25(3) of the contract act. the statement attributed to the petitioner and reproduced in the preceding paras, appears to be nothing more than an acknowledgment. it is to be .....

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May 01 2003 (HC)

T.A. Choudhary Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2004(3)ALD357

..... to avoid the effect of 'no damage' clauses. [see hudson, ibid].in our country question of delay in performance of contract is governed by sections 55 and 56 of the indian contract act, 1872. if there is an abnormal rise in prices of material and labour, it may frustrate the ..... contract and then the innocent party need not perform the contract. so also, if time is of the essence of the contract, failure of the employer to perform a ..... found to have obtained by the department by coercion. the division bench observed in paras 12 and 13 as follows:'under section 14 of the contract act, it is essential for the enforceability of an agreement that the consent should be free. the consent should not have been obtained by coercion, ..... the parties thereto is not applicable to an agreement the formation whereof law interdicts or which falls within the prohibitory range of section 23 of the contract act. thus, no legal relations are created by the agreement offending a statute or public policy enabling neither party to enforce the agreement. (see: nutan ..... , the following points would arise for determination:(a) whether clause 59 imposes arbitrary or unreasonable condition?(b) whether it is hit by the provisions of contract act?(c) assuming it is valid clause, how it has to be construed and interpreted ?(d) how this clause was considered under various judgments?(e) .....

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Apr 25 1996 (HC)

Habeeb Khan and Others Vs. Valasula Devi and Others

Court : Andhra Pradesh

Reported in : AIR1997AP53

..... settled that in order to establish undue influence in a case of nature of inter vivos transactions as is embodied in s. 16 of the indian contract act, 1872, two important things must be proved; one, that the relation between the parties was such that the vendee or the donee was in a position to ..... the 1st respondent and her husband or he had used that position to obtain unfair advantage over them within the meaning of s. 16 of the contract act. actually speaking, the case of the 1st respondent appears to be that by practising trick, the 3rd appellant succeeded in obtaining the decree for permanent ..... for specific performance on the strength of the agreement to sell ex. bl falsely alleging that the plaintiff have failed to perform their part of the contract. the plaintiffs prayed for a decree for redemption of the mortgage, for accounts and redelivery of possession as also for setting aside or cancellation of ..... of the 2nd defendant for permanent injunction has been dismissed and in os no. 11/89, suit of the 3rd defendant for specific performance of the contract of the upper storey of amba bhavan has been dismissed.3. it is an admitted fact that one k. ramankutty alias lingam is the husband of ..... court has held that when the terms of the contract have been reduced to writing, extrinsic evidence as to what transpired subsequent 10 the contract is not admissible for ascertaining the terms in view of the provisions of s. 91 of the indian evidence act and if there is some doubt as to what .....

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Apr 26 2007 (HC)

Tirumani Venkata Narasamma and anr. Vs. Vodugu Mahalakshmi

Court : Andhra Pradesh

Reported in : 2007(5)ALD285; 2007(6)ALT796

..... and accordingly the same are hereby rejected.24. hence, in the light of the view expressed by the apex court referred to supra and also section 65 of the indian contract act, 1872, and further in the light of the concurrent findings which had been recorded by both the courts below, this court is thoroughly satisfied that both in law and equity, a ..... which had been made by the court of first instance and also the appellate court. the counsel also would submit that in the light of section 65 of the indian contract act, 1872, even if the transaction to be treated as void, the opposite party is bound to compensate the same and hence absolutely there is no illegality in the order of refund ..... whether the refund ordered by both the courts below to be interfered with on the ground that ex.al is a void transaction.21. section 65 of the indian contract act, 1872 deals with obligation of person who has received advantage under void agreement or contract that becomes void, which reads as hereunder:when an agreement is discovered to be void, or when a ..... collieries v. jharkand mines : [1975]1scr703 , the apex court observed as hereunder:section 65 makes a distinction between an agreement and a contract. according to section 2 of the contract act, an agreement which is enforceable by law is a contract and an agreement which is not enforceable by law is said to be void. therefore, when the earlier part of section 65 speaks .....

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Jun 13 2003 (HC)

Central Bank of India Staff Co-operative Building Society Limited Vs. ...

Court : Andhra Pradesh

Reported in : AIR2004AP18; 2003(5)ALD116; 2003(6)ALT121

..... is void under law.37. section 56 of the indian contract act, 1872 deals with the doctrine of frustration and it reads as follows:section 56. agreement to do impossible act--an agreement to do an act impossible in itself is void.contract to do act afterwards becoming impossible or unlawful-a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some ..... court further held as follows:the differences in the way of formulating legal theories really do not concern us so long as we have a statutory provision in the indian contract act. in deciding cases in india, the only doctrine that we have to go by is that of supervening impossibility or illegality as laid down in section 56 of the ..... contract act, taking the word 'impossible' in its practical and not literal sense. it must be borne in mind, however, that section 56 lays down a rule of positive law and does ..... cheat in nature and not enforceable?(5) whether the suit agreement is deemed to be non est in view of act 13/72 and 33/76? (6) whether the suit agreement is hit by sections 23 and 25 of contract act?(7) whether the suit claim is hit by section 11 of c.p.c.?(8) whether the defendant delivered possession of suit .....

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Nov 23 2000 (HC)

Bank of India Vs. V. Swaroop Reddy

Court : Andhra Pradesh

Reported in : AIR2001AP260; 2001(2)ALT388

..... authority of law and similarly in view of the legal position already discussed hereinbefore as regards the principle of 'unjust enrichment' under the provisions of section 70 of the indian contract act, 1872, we come to the irresistible conclusion that the defendant-bank is liable to pay the plaintiff the entire amount of suit-claim. having regard to the discussion above, we ..... to in what circumstances a person can be said to be a 'tenant holding over' has been explained by the apex court with reference to section 70 of the indian contract act, 1872 in b. k. mondal case : air1962sc779 . 4. however, g. k. mitter, j., who tried the suit, framed five material issues on the pleadings and recorded his findings on them. ..... at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.' section 70 of the indian contract act, 1872 reads: '70. obligation of person enjoying benefit of non-gratuitous act--where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys ..... extracted above with reference to the statutory provisions incorporated in the transfer of property act, 1882 as also indian contract act, 1872. section 106 of the transfer of property act, 1882 reads: '106. duration of certain leases in absence of written contract or local usage:-- in the absence of a contract or local law or usage to the contrary a lease of immovable property for .....

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Jan 20 1959 (HC)

Tadepalli Kutumba Rama Sastry Vs. Seetepalli Dakshina Murthy and ors.

Court : Andhra Pradesh

Reported in : AIR1960AP178

..... ) has succinctly dealt with the position of equity and law in dealing with section 55 of the indian contract act as follows: 'the law applicable to the point is contained in section 55 of the indian contract act, 1872, which provides that - 'when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before ..... specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been ..... further had happened in this case, still we are firmly of the opinion that the plaintiff could have availed himself of the rights available under section 59 of the indian contract act, as in this case clearly there has been a refusal on the part of the defendant to perform his part of the ..... open to the defendant to question the imperative nature of the operation of section 39 of the contract act in the circumstances of this case. 12. from the foregoing it follows that having regard to the application of sections 39 and 55 of the indian contract act, we are firmly of the opinion that the refusal of the defendant to perform his part of .....

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Jan 10 2003 (HC)

Alco Chem Ltd. Vs. Hyderabad Chemical and Pharmaceutical Works Ltd.

Court : Andhra Pradesh

Reported in : III(2003)BC508

..... and government institutions was fixed by me government itself and that it has not passed on the burden to the consumer stands unrebutted. as per section 72 of the indian contract act, 1872, the amount of export duty collected separately by the defendant from the plaintiff was under a mistake of law and, therefore, the defendant is bound to refund the same. in ..... price, but in the context it refers the right of the purchaser to take off the duty in the process of calculation of arriving at the contract price. the provisions of section 64-a of the act are applicable, it was held, only when the incidence of imposition, increase, remission or abolition of duty is connected with and related to the goods ..... goods to the buyer and he has to accept and pay for them in accordance with the terms of the contract of sale. chapter-vi of the act deals with suits for breach of the contract. under section 55 of the act where under a contract of sale the property in the goods has passed on to the buyer and the buyer wrongfully neglects or ..... of 1934) dealt with customs duties of goods imported into or exported from british india. section 10 of the said act permitted addition to or deduction from a contract price of an increase or decrease in duty imposed after the making of the contract. it did not provide for an eventuality where there was increase or decrease in the excise duty. therefore, section .....

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