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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 1 of about 256 results (0.050 seconds)

Aug 30 2011 (HC)

C.Chandrasekaran Vs. R.Srinivasan

Court : Chennai

Decided on : Aug-30-2011

..... , 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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Jan 28 2011 (HC)

Colgate Palmolive (India) Limited Vs. Svnr Exports, 3c, Jvl Towers and ...

Court : Chennai

Decided on : Jan-28-2011

..... on failure to perform the work by the given time, the contract would stand terminated without any further act on the part of the parties. even if the time was the essence of the contract, under section 55 of the contract act, 1872 such a contract will not come to an end by itself after the expiry ..... , otherwise, the option to avoid the contract will be deemed ..... to have been waived and the contract subsisting. ..... of the period and the promisee has to terminate it by proper notice as provided in section 66 of the contract act ..... defendants should be ready to delivery the garments at the rate of rs.1,000/- per piece, which is nothing but a clear act of breach of contract and breach of trust. when the garments were ready, there was no necessity for the plaintiff to place orders with others. there was .....

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Dec 08 2011 (HC)

M/S. Amk and Co. Vs. Deputy Chief Materials Manager and ors.

Court : Chennai

Decided on : Dec-08-2011

..... the contract fixes an amount to be paid in case of its breach, and (ii) where the contract provides for any other stipulation by way of ..... called as a no contest clause, that is designed to threaten a contracting party, so that the party honours his obligations duly and promptly. 38. the enforceability of such a clause in a contract is to be traced to section 74 of the contract act, 1872. section 74 speaks of two types of cases, namely, (i) where ..... category of cases covered by section 74 of the contract act. this is for two reasons, namely, (a) that the quantum is unconscionably huge that in a period of 200 days, the ground rent will exceed ..... chand, that duty not to enforce the penalty clause, but only to award reasonable compensation is statutorily imposed upon courts by section 74 of the indian contract act. 41. the stipulation for payment of ground rent, as pointed out earlier, is only a stipulation in the nature of penalty, falling under the second ..... on the part of the petitioner in cutting and removing the material. this could be done by them in terms of section 74 of the contract act. but, when they do so, they must prove the sufferance of actual legal injury. if and when they file a suit, the prescription of 0 .....

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Aug 05 2011 (HC)

Tebma Shipyards Limited Vs. Board of Trustees of TuticorIn Port Trust

Court : Chennai

Decided on : Aug-05-2011

..... order passed by the respondent, on the ground that the order is prima facie without jurisdiction, as the respondent has no right under section 171 of the indian contract act, 1872, to invoke the general lien, as it is neither a banker, factor, wharfinger, attorney of a high court or policy broker. 20. this contention of ..... ready on 07.11.2006 itself, where was the occasion to issue a second work order dated 15.12.2006. 30. according to the provisions of the contract act, acceptance is only complete when it is received by the offerer. therefore, there was no valid offer on the date, when the letter of acceptance was ..... the hon'ble supreme court has been pleased to lay down, that the port trust constituted under the major port trust act is a wharfinger, and can exercise general lien under section 171 of the contract act. the hon'ble supreme court has laid down, that no restricted meaning can be given to section 171 of the ..... contract act. 21. the other ground of challenge by the learned counsel for the petitioner, is that the action of the respondent is totally arbitrary, ..... the respondent, is that under general lien, they could retain that amount, and adjust towards forfeiture of emd, on failure of the petitioner, to execute the contract and comply with the security after its offer was accepted. 23. however, the learned counsel for the petitioner contends, that this could only be done, if .....

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Oct 31 2011 (HC)

Manoharan Vs. Ms.Nagaladi Investments

Court : Chennai

Decided on : Oct-31-2011

..... going through the same, it cannot by any stretch of imagination be said that it is an unsustainable contract and also it cannot be said that it is opposed to public policy as per section 23 of the indian contract act, 1872.25. per contra, ex. a-2 pronote, dated 02.12.1997, is an enforceable one against ..... is not acceptable in view of section 23 of the indian contract act, this court is of the considered opinion that the terms of ex. a-2 pronote, dated 2.12.1997 on ..... ?(4) whether the courts below are right in enforcing the promissory note dated 02.12.1997 despite the fact that such contract is non-enforceable in view of section 23 of the indian contract act?the contentions, discussions and findings on point nos. 1 to 3:11. at the outset, the learned counsel for the ..... procedure enjoins that the rate of current interest and future interest are within the domain of a court of law. the normal rate is that the contract rate of interest must be granted by a court of law at the time of passing of a decree. section 34 of the civil procedure code envisages that ..... act 2003 (tn act no. 38 of 2003) and accordingly, the points 1 to 3 are so answered.the contentions, discussions and findings on point no. 4:24. though a question of law has been framed whether both the courts are right and enforcing the promissory note, dated 02.12.1997, despite the fact that such contract .....

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Feb 11 2011 (HC)

M/S.Latif Estate Line India Ltd. Vs. Mrs. Hadeeja Ammal and ors.

Court : Chennai

Decided on : Feb-11-2011

Reported in : AIR2011Mad66(FB)

..... novation, rescission and alteration of a contract can be made only bilaterally. a deed of cancellation will amount to rescission of contract and if the issue in question is viewed from the application of section ..... novation, rescission and alteration of a contract can be made only bilaterally. a deed of cancellation will amount to rescission of contract and if the issue in question is viewed from the application of section ..... have been executed. a sale is essentially an executed contract between two parties on mutually agreed conditions. question is as to whether such contract can be unilaterally rescinded, particularly, in a case of sale deed. in this context, we may refer to section 62 of the indian contract act, 1872 which provides that contract which need not be performed. by that provision, any ..... have been executed. a sale is essentially an executed contract between two parties on mutually agreed conditions. question is as to whether such contract can be unilaterally rescinded, particularly, in a case of sale deed. in this context, we may refer to section 62 of the indian contract act, 1872 which provides that contract which need not be performed. by that provision, any .....

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Mar 03 2011 (HC)

Titan Industries Ltd. Vs. State Bank of India and anr.

Court : Chennai

Decided on : Mar-03-2011

..... first defendant and the culprits. the plaintiff bank is not entitled to any relief under section 72 of the indian contract act, 1872. as per sections 9 and 10 of the negotiable instruments act, there is no liability on the part of the first defendant and as it is the negligence of the plaintiff ..... one. so, the first respondent/plaintiff is not an holder in due course.24. now, it is appropriate to consider section 72 of the indian contract act, which reads as under:-"72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion.- a person to whom ..... necessary party?2. whether the trial court is correct in holding that the first respondent/plaintiff is entitled to benefit under section 72 of the indian contract act and to recover the amount?3. whether the judgment and decree of the trial court is sustainable?4. to what relief the appellant/first defendant ..... the plaintiff bank to suspect the genuineness of the dd. the plaintiff bank is entitled to benefit and protection under section 72 of the indian contract act and the payment in acceptance of the counterfeit forged dd in good faith is only a bona fide mistake and the plaintiff was led to ..... amount stating that they honoured the dd, which was fake and the amount has been paid mistakenly, under section 72 of the indian contract act (hereinafter referred to as the act), the plaintiff bank is entitled to recover that amount. so, they filed the suit. after considering the defence raised by the respondents, .....

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Apr 29 2011 (TRI)

The Sub Postmaster and Another Vs. the Special Officer

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Apr-29-2011

..... reported in air 2007 gujarat 72 and 4 2006 cpj 216 (nc) were also cited in which it is stated as follows :- ??consumer protection act, 1986 ?? section 2(1)(g) ?? nsc 6th issue rules, 1989 ?? rules 4, 11 ?? contract act, 1872 ?? sections 72, 73 ?? securities ?? nscs ?? issuance of certificates in contravention of rules ?? entitlement to interest ?? nscs issued to town area in contravention ..... rules and not refusing to issue nscs, opposite parties guilty of deficiency in service ?? liable to compensate complainant for loss occasioned on such account ?? provisions of sections 72, 73 of act of 1872 attracted opposite party liable to pay principal amount ?? towards compensation, no option but to award sum equivalent to inerest payable on maturity of nscs. ? ??mahila sewa sahakari bank ltd ..... those deposits were wrongly received against the rules and asked for the option to receive the amount with the savings bank interest rate and thereby the 1st opposite party had acted in the fraudulent manner and by keeping the deposit for 5 years to 6 years and after demanding the amount made a request for collecting the amount with the ..... . v. chief post master and ors. spl. civil appln. no.11574 of 2006 d/- 10-8-2006. government savings certificates act (46 of 1959), s.12 ?? kisan vikas patra rules (1988), .....

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May 09 2011 (TRI)

The Post Master, Salem Head Post Office and Others Vs. G.A. Porkodi an ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : May-09-2011

..... per the reported judgement in air 2007 gujarat 72 and 4 (2006) page 216 nc in which it is stated as follows :- ?? ??consumer protection act, 1986 ?? section 2(1)(g) ?? nsc 6th issue rules, 1989 ?? rules 4, 11 ?? contract act, 1872 ?? sections 72, 73 ?? securities ?? nscs ?? issuance of certificates in contravention of rules ?? entitlement to interest ?? nscs issued to town area ..... not refusing to issue nscs, opposite parties guilty of deficiency in service ?? liable to compensate complainant for loss occasioned on such account ?? provisions of sections 72, 73 of act of 1872 attracted opposite party liable to pay principal amount ?? towards compensation, no option but to award sum equivalent to inerest payable on maturity of nscs. ? ??mahila sewa sahakari ..... award passed by the opposite parties. the complainants counsel also relied upon ruling reported in 1998 (1) cpj page 107 (nc) in which it is stated as follows :- ?? consumer protection act 1986 ?? sections 14(1)(d) ?? compensation ?? national saving scheme ?? post office deposits ?? interest ?? national saving scheme rules, 1987 ?? rules 3 and 4 ?? post office savings bank general ..... bank ltd. v. chief post master and ors. spl. civil appln. no.11574 of 2006 d/- 10-8-2006. government savings certificates act (46 of 1959), s.12 ?? kisan vikas .....

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Mar 30 2011 (HC)

Indian Bank Employees Union. Vs. M.A.Zubaida Ammal, and ors.

Court : Chennai

Decided on : Mar-30-2011

..... of the calculation which was to make it certain should be found therein. the agreement in the present case was a typical illustration of a contingent contract within the meaning of section 31 of the contract act and became enforceable as soon as the event of redemption (by the plaintiff herself) happened. under the agreement the date for the defendants to execute the ..... . in jamshed khodaram irani v. burjorji dhunjibhai the judicial committee of the privy council observed that the principle underlying section 55 of the contract act did not differ from those which obtained under the law of england as regards contracts for sale of land. the judicial committee observed :"under that law equity, which governs the rights of the parties in cases of specific ..... have a material bearing on the first question have already been set out. section 55 of the contract act which deals with the consequences of failure to perform an executory contract at or before the stipulated time provides by the first paragraph:"when a party to a contract promises to do a certain thing at or before a specified time, or certain things at ..... early english decisions, that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. the period of limitation prescribed by the limitation act for filing a suit is three years. from these two circumstances, it does not follow that any and every suit for specific performance .....

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