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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Page 1 of about 36,845 results (0.077 seconds)

Jan 23 2008 (HC)

Evva Memorial Teacher Training Institute Rep. by Its Correspondent S. ...

Court : Chennai

Reported in : 2008(1)CTC681; (2008)2MLJ123

..... administer the teacher training institute without the approval of the competent authority and whether the same is permissible in view of section 23 of the indian contract act, 1872 is to be ascertained. section 23 of the indian contract act clearly states that every agreement, of which, the object or consideration is unlawful, is void. as per section 23, the consideration or object of ..... holder viz., k. ravi and the same is impermissible as it is in violation of section 23 of the indian contract act, 1872. the agreement dated 12.4.2005 is void since both the parties are guilty of violating the provisions of the ncte act, 1993. the learned single judge also held that the right to establish and administer educational institution, even though guaranteed ..... reported in air 2006 scw 5470 (india financial association, seventh day adventists v. m.a. unneerikutty) in paragraphs 18 to 22, which read thus,18. section 23 of the contract act lays down that the object of an agreement becomes unlawful if it was of such a nature that, if permitted, it would defeat the provisions of any law.19. the ..... court in the decision reported in : (1986)iillj171sc (central inland water transport corporation ltd. v. brojo nath) : (1986)iillj171sc . in paragraph 92, the supreme court held thus:92. the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public policy', or 'contrary to public .....

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Jan 24 2008 (HC)

Radhabai Vs. Arunagiri,

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, .....

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Mar 28 2002 (HC)

R. Baskar Bhat Vs. Hindustan Petroleum Corporation Ltd., Chennai

Court : Chennai

Reported in : AIR2002Mad330; (2002)2MLJ214

..... for arrears of rent for the months of february and march, 1997 would amount to unjust enrichment attracting sections 69 and 70 of the indian contract act, 1872. 13.14. since the plaintiff failed to prove the delivery of possession immediately after the execution of the lease agreement dated 27.1.1997, and ..... such a demand would, otherwise, amount to unjust enrichment, which is opposed to the principles laid down under sections 69 and 70 of the indian contract act. (iv)since the rent due for the months of february and march, 1997 was a dispute due to the delay in handing over possession of ..... agreed between the parties, viz., from 1.2.1997, which term cannot be permitted to be altered by either side, as the words of the contract are clear in this respect, and there is very little for the court to do about it, as held by the apex court in provash chandras ..... by the apex court in provash chandras & another v. biswanath bannerji & another reported in , and in construing a contract, the court therefore, must look at the words used in the contract unless they are such that one may suspect that they do not convey the intention correctly. if the words are clear, ..... , had rectified their failure. it is under such circumstances, the defendant - corporation seeks the relief against forfeiture under section 114 of the transfer of property act, 1882, which reads as follows:'section 114 - relief against forfeiture for the non-payment of rent - where a lease of immovable property has determined by .....

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Jul 28 1998 (HC)

M/S. G.V. Films Limited, 4, Seshadri Road, Alwarpet, Chennai-600 018 V ...

Court : Chennai

Reported in : [2000]100CompCas257(Mad); 1998(2)CTC518

..... be decided whether the person who utilises the amount is bound to repay the same with interest, in view of section 72 of the indian contract act, 1872 and whether a constructive trust can arise over a wide variety of situations. a similar question of mistaken credit in the account of a person ..... . the next aspect to be considered is, whether the debts recovery tribunal is empowered to deal with contentitious, issues alleged to be based on contracts other than those relating to advance of moneys by banks or financial institution preferably, for the money advanced by the banks and requires liability to ..... the word debt is of large import, including not only debts of record or judgment, and debts by speciality, but also obligations arising under simple contract, to a very wide extent, and in its popular sense includes all that is due to a man under any form of obligation of promise. ..... the terms relating to the units and the transfer thereof by the appellant to the respondent no.2. this is an issue relating to the contract between the parties and not related to any debt due by the appellant to the respondent no.1. lastly, he contended that whether the dividend ..... tribunal has no jurisdiction.11. the learned judge while declining to accept the contention of respondent no.l touching jurisdiction, has observed that the act has been provided for the establishment of tribunal for expeditious adjudication and recovery of debts due to banks and financial institution and for matters connected .....

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Aug 30 2011 (HC)

C.Chandrasekaran Vs. R.Srinivasan

Court : Chennai

..... , it would be more useful to look into section 56 of the indian contract act, 1872 and the same reads as follows: 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 event which the ..... has created self-induced frustration and the same cannot be construed as a frustration under section 56 of the indian contract act, 1872. 32. as stated in many places, the only reason given on the side of the plaintiff for not performing the contract as mentioned in ex.a1 is that the defendant has failed to discharge mortgage debt. neither in ex.a1 nor ..... poriaswami nadar), wherein the honourable apex court has dealt with section 56 of the indian contract act, 1872 and ultimately observed that doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the indian ..... the honourable apex court has held that provision of section 56 of the indian contract act, 1872 cannot apply to a case of self-induced frustration. in other words, the doctrine of frustration of contract cannot apply where the event which is alleged to have frustrated the contract arises from the act or election of a party. 31. even at the risk of repetition the .....

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Mar 24 2003 (HC)

State of Tamil Nadu, Rep. by the Director of Fisheries Vs. Capital Ref ...

Court : Chennai

Reported in : 2004(1)CTLJ71(Mad); (2003)2MLJ204

..... court is of the view that if such an interpretation is given to the clause, it would offend the provisions of section 28 of the contract act, 1872 and the terms of contract should not be construed so as not to bar the remedy of suit. 9. in this connection, it is also relevant to notice an earlier ..... the view that the said clause in the guarantee deed (ex.b-1) should be construed only to mean that the clause extinguishes the right under the contract only and it does not extinguish the remedy to file a suit. the plaintiff has produced ex.a-89, a letter dated 17.2.1968 where a ..... 176.94 along with interest from the date of plaint and also for costs. the first defendant is the principal debtor and he had entered into a contract with the plaintiff and the second defendant executed a deed of guarantee and the deed of guarantee was continued by a further deed of guarantee dated 10. ..... and as the demand has been made within that time, we hold that the suit was filed within the period of limitation as prescribed in the limitation act. we therefore hold that the learned trial judge was not correct in dismissing the suit as against the defendants 2 and 3. since the above decision ..... that the deed of guarantee (ex.b-1) was executed by the second defendant and on the enactment of the banking companies (acquisition and transfer of undertakings) act, 1970, the rights and liabilities of the second defendant were taken over by the third defendant and hence, the third defendant was impleaded as a party in .....

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Jun 23 2008 (HC)

Chendur Forgings (P) Ltd. Vs. Bhandari Interstate Carriers

Court : Chennai

Reported in : AIR2008Mad218; 2008(44)CTC75; 2008(2)CTLJ169(Mad)

..... influence _ (1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a ..... pay the crane charges ?11. before delving into the matter, it is useful to extract section 69(2) of the indian partnership act, 1932 and sections 16, 196 and 199 of the indian contract act, 1872.12. section 69(2) of the indian partnership act, 1932, reads as under:69. effect of non-registration. (1) ...(2) no suit to enforce a right arising from a ..... contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and ..... the persons suing are or have been shown in the register of firms as partners in the firm.13. sections 16, 196 and 199 of the indian contract act, 1872, run as below:16. undue .....

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Mar 11 1987 (HC)

T.K. Sundaram Vs. the Cooperative Sugars Ltd.

Court : Chennai

Reported in : AIR1988Mad167

..... contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation byway of penalty, the party ..... suit is not maintainable in view of the provisions contained in kerala cooperative societies act, 1961.5. before considering the questions raised we will do well by examining the relevant provisions of the contract act, 1872, relating to the award of compensation for breach of contract. sec. 74 of the contract act reads as follows -'when a contract has been broken, if a sum is named in the ..... , krishnapurarn 1973 t.l.n.j. 520, where the division bench observed as followed - -'on the other question of liability under bye-law 39 read with s. 74 of the contract act, sec. 74 will have to be read as a whole. it speaks of the grant of reasonable compensation. but the idea of compensation implies losses. the expression 'reasonableness' in s ..... compensation not exceeding the amount so named or, as .the case may be, the penalty stipulated for.'according to the appellant the claim for compensation under s. 74 of the contract .act, the actual damage incurred by the respondent on account of the breach will have to be proved in accordance with law even though the quantum of damage is mentioned in .....

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Apr 12 2001 (HC)

The Oriental Insurance Company Limited, United India Building 4th Floo ...

Court : Chennai

Reported in : AIR2001Mad489

..... the said condition in the policy is valid and acceptable. before considering the decision of the supreme court, it is useful to refer the unamended section 28 of the indian contract act, 1872, which stood as on the relevant date:-'28. agreement in restraint of legal proceedings void, -every agreement, by which any party thereto is reslricted absolutely from enforcing his rights under ..... . s. sampathkumar, learned counsel appearing for the respondent/plaintiff, by drawing our attention to amended section 28 of the indian contract act, 1872, would contend that condition no.19 of the policy is void. he also brought to our notice the amendment act i of 1997 published in the gazette of india, extraordinary, part ii, section 2 dated 8.1.1997. amended section 28 ..... in effect seeks to curtail the period of limitation and prescribes a shorter period than that prescribed by law would be void as offending section 28 of the contract act. that is because such an agreement would seek to restrict the party from enforcing his right in court after the period prescribed under the agreement expires even though the period ..... time being as to reference to arbitration.' with reference to the condition of the policy providing shorter period than the period prescribed by law, namely, section 28 of the indian contract act, the supreme court in the above decision has held thus:- (para. 17)'17. from the case law referred to above the legal position that emerges is that an agreement which .....

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Nov 18 1959 (HC)

Sorabji Hormusha Joshi and Co. Vs. V.M. Ismail and anr.

Court : Chennai

Reported in : AIR1960Mad520

..... claim for damages will not lie.(6) the law covering both these points is the same in england, u. s. a. and india.(7) before the passing of the indian contract act, 1872, the rules of english law, including those in the statute of frauds were applied within the limits of the presidency towns. the 'sales' chapter of the indian ..... 27 an exhaustive examination of the case law bearing on certain portions of the indian contract act was made and in 1928 a draft bill was prepared under the aegis of the late d. f. mulla who was then the law member of the government of india ..... generally the english law on the subject as it then stood, except in one or tow important particulars e. g., market-overt. the indian contract act only laid down simple and elementary rules. it was not exhaustive and on various occasions the courts had to import analogies from the decisions of the english courts.in 1926- ..... the affirmative intention of the parties. it is a child of the law. because of the acts of the parties, it is imposed by the law. it arises independently and outside of the contract. the law annexes it to the contract. it writes it, by implication, into contract which the parties have made. its origin and use are to promote high standards in business .....

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