Court : Chennai
Decided on : Mar-16-2012
..... 17. it is the submission of respondents that the respondents bonafide exercised their legitimate right of general lien and lien under section 171 of the indian contract act, 1872, by making entry on 22.06.2011.18. the entry was also made in the pass book. the credit balance of petitioner on the date ..... amp; ors. reported in air 1992 sc 1066. the provision of section 171 of the indian contract act, 1872 was also noticed in the said case. taking into consideration halsbury's laws of england and provisions of the contract act in respect of bankers lien, the following observation was made by the supreme court :- "6 ..... hon'ble supreme court laying down that the bank has general lien of all the deposit, in addition to lien under section 171 of the contract act, therefore, this judgment cannot be said to lay down good law.34. once it is not disputed that the petitioner is the guarantor of ..... treated as the principal debtor, therefore, it could legally exercise the right under the general lien as well as lien under section 171 of the contract act, therefore, no fault can be found with the action of respondents.26. in support of right of lien of the respondent bank, learned counsel ..... the learned counsel for the respondents contends that right of bank to enforce lien is legally enforceable under general lien and under section 171 of the contract act.21. the submission of petitioner, that order was in violation of principles of natural justice, is contested on the ground that the issuance of .....Tag this Judgment!
Court : Chennai
Decided on : Mar-15-2012
..... materials in view of the reasons to be discussed infra.13. the learned senior counsel for the plaintiff inviting the attention of this court to section 25 of the indian contract act, 1872 which is extracted here under for ready reference :25. agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or ..... found listed in the said section 25 itself. section 4 of the transfer of property would envisage that the provisions of the transfer of property act relating to contracts should be treated as part and parcel of the contract act, 1872 over which also there could be no quarrel.15. the key to the learned senior counsel's argument is purely that the last endorsement ..... is also extracted here under for ready reference:4. enactments relating to contracts to be taken as part of contract act and supplemental to the registration act the chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1872 (9 of 1872).the last endorsement could be construed as a fresh agreement. precisely, it is the contention of the ..... should be consensus ad idem.17. in this connection, i would like to refer to the indian contract act, 1872, which defines precisely under clause (h) of section 2 of the act that an agreement enforceable by law is a contract and it is obvious and axiomatic that it should be supported by consideration, which might even be a past consideration. the consensus ad .....Tag this Judgment!
Court : Chennai
Decided on : Feb-21-2012
..... to or obtained by his agent, under the circumstances mentioned in the indian contract act, 1872, section 229; and all expressions used herein and defined in the indian contract act, 1872, shall be deemed to have the meanings respectively attributed to them by that act.26. a plain perusal of it would clearly indicate and exemplify that a ..... the term void or voidable implies that but for the vitiating factor it would be binding on him, that is, he was a party to the contract.17. there is one other reason for this conclusion. section 39 empowers the court after adjudicating the instrument to be void to order the instrument ..... merely to the case of an instrument which is voidable but also one that is void. section 35 provide for the case of rescission of voidable contracts. it is evident that section 39 covers not only a case contemplated under section 85, but also a wider field, that is, a case of ..... a trustee, as such, by any law for the time being in force, is called a breach of trust;registered, expressions defined in act 9 of 1872 and in this act, unless there be something repugnant in the subject of context, registered means registered under the law for the registration of documents for the time ..... instrument of trust (if any), orb] if there be no such person, or no such person able and willing to act, the author of the trust if he be alive and competent to contract, or the surviving or continuing trustees or trustee for the time being, or legal representative of the last surviving and .....Tag this Judgment!
Court : Chennai
Decided on : Sep-25-2012
..... not claim higher salary or other attendant benefits would be contrary to law and also against public policy. it would therefore bde unenforceable in view of section 23 of the contract act,1872. 31. in this connection, the first respondent/petitioner in his letter dated 01.02.2011 addressed to the appellant/tamil nadu state express transport corporation ltd., chennai has, inter alia ..... upon the change of position brought about by the representation or acting of the person bound by estoppel as per decision (jagannath v. abdullah, 45 ia 97:45 c 909: 35 mlj 46) 34. a perusal of the resolution of the appellant ..... representation viz., a party's declaration, act or omission, must be clear, definite, unambiguous and unequivocal. moreover, the rule of estoppel will prevail over a pure rule of procedure. after all, the principle of estoppel is based ..... that the non payment of higher salary in the cadre of company secretary was contrary to law and also opposed to public policy, since he is estopped by his own act or conduct which precludes him from asserting a right which by his implied conduct unerringly point out that he would not assert. also, in order to find an estoppel, the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-07-2012
..... of the fact is given to or obtained by his agent, under the circumstances mentioned in the indian contract act, 1872, section 229; and all expressions used herein and defined in the indian contract act, 1872, shall be deemed to have the meanings respectively attributed to them by that act." 11. but, the learned senior counsel mr.k.s.dinakaran appearing for the respondent would submit that ..... the provisions of the indian trust act, 1882 cannot be made applicable to the first accused trust since the ..... being in force, they are so empowered." 25. a cursory reading of the above provision would go to show that it refers to every person capable of contracting. undoubtedly, a public charitable trust is capable of contracting under the negotiable instruments act. a trust is competent to issue cheques drawn as against the account maintained by the trust. thus, the negotiable instruments ..... the government and the customers have recognised such a public trust as a juristic person. thus, section 26 of the negotiable instruments act obviates doubts, if any, and makes it crystal clear that a public trust is capable of contracting and thus capable of making a cheque or bill of exchange and so it is a juristic person for the purpose of .....Tag this Judgment!
Court : Chennai
Decided on : Nov-27-2012
..... made by him at the cost of public exchequer that entitles the respondent to its restitution as recognised in common law and statutorily provided in section 72 of the indian contract act, 1872, and the petitioner cannot take any exception to the same. it is equally a well known banking practice that a customer, while opening an account, also undertakes to refund any ..... reduction of the monthly pension drawn by the petitioner, which has been duly informed to him vide letter dated 03.01.2012. 9. i submit that the second respondent has acted strictly in accordance in law and there is no infirmity either in the impugned decision or the decision making process warranting interference. as pointed out by the division bench of .....Tag this Judgment!
Court : Chennai
Decided on : Nov-09-2012
..... no.5 is not even competent. sec.230 of the contract act, 1872 reads as under: "230. agent cannot personally enforce, nor be bound by, contracts on behalf of principal- in the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor ..... clearing agents of the applicant. 13. it is a case of the applicant that empty metal chemical drums were without any part of the contracted goods stuffed inside the six containers and which were loaded at the port of jebel ali and thereafter discharged at chennai. the respondent no.1 ..... docks, for joint inspection of the containers, with copy to the 5th respondent. 11. it is a case of the applicant that all attempts to contract the respondent no.1 failed. similarly, hdfc bank informed the applicant that the amount had already been credited to the account of the first respondent ..... general manifest status where from it became apparent that the said import general manifest relating to the goods being the subject matter of the sales contract with the respondent no.1. necessary inspection was also done on the import general manifest which was filed by the respondent no.5 on ..... the original documents from the bank, the applicant engaged sanjay forwarders pvt. ltd. for clearance of the goods being the subject matter of the sales contract with the respondent no.1. the clearing agent of the applicant made necessary search and came to know from the website and downloaded the particulars .....Tag this Judgment!
Court : Chennai
Decided on : Nov-21-2012
Reported in : 2013(2)MLJ113; 2013(1)MWN(Civil)506
..... (saradamani kandappan vs.s.rajalakshmi & ors) and contended that time is the essence of contract and that plaintiff must be non suited for not making timely payment. 9.4. contract act, 1872 (9 of 1872), section 55 - specific relief act, 1963 (36 of 1963) section 20 - whether time is essence of contract relating to immovable property- when parties prescribe time/period for taking certain steps or for ..... cannot be ignored - court while granting or refusing to grant specific performance should apply greater scrutiny and strictness whether purchaser was ready and willing to perform his part of contract - merely because limitation act prescribes larger period of limitation, plaintiff cannot postpone his suit to last day and ought to file suit immediately after breach or refusal - clause which provided time for ..... is not imperative. therefore, it is of no use to contend that the time is the essence of the contract in this case. 10. the next contention is that the suit is barred by limitation as contemplated under section 54 of limitation act. learned counsel for the appellant pointed out the plaint allegations in the 5th paragraph wherein, as it is alleged .....Tag this Judgment!
Court : Chennai
Decided on : Dec-07-2012
Reported in : 2013(1)MWN(Civil)30
..... entered into between the applicants and respondents is invalid on the ground of frustration and impossibility of performance under section 56 of the indian contract act, 1872, which discharges the contract, therefore, the compromise decree is invalid and null and void, thus is not binding on the applicants. 19. it is further ..... decree even otherwise would not be considered to be penal in nature so as to attract the provisions of section 74 of the indian contract act." 21. it is also not a case where this court can exercise its jurisdiction under article 142 of the constitution of india to mould ..... singh. it is submitted, that doctrine of frustration 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, therefore, comes within the purview of section 56 as held by the hon'ble supreme court ..... show cause notice issued by the government for cancellation of sanction. the judgment debtors were of the view, that due to cancellation of sanction, the contract had become impossible to be performed, therefore, they had a right to cancel the proposal to construct, by invoking clause 18 of the agreement. ..... between the applicants and respondents was due to the reason, that the consent decree had become impossible of performance, which was not for the act within the control of the applicants. it is further submitted that doctrine of impossibility of performance (lex non cogit ad impossibilia) stipulates, that .....Tag this Judgment!
Court : Chennai
Decided on : Jul-27-2012
..... contract in which time is essential. said section is extracted below : section 55. effect of failure ..... purchaser about their title, and the purchaser is ready and willing to perform the contract, the termination of the agreement of sale by the vendors is illegal and amounts to breach of contract. they submit that high court had failed to apply section 55 of the contract act, 1872. section 55 of contract act deals with the effect of failure to perform at a fixed time, in ..... to perform at a fixed time, in contract in which time is essential.-- when a party to a ..... respect of the obligations to be performed, the remedy available to the injured party is a right to claim compensation or damages under sections 73 and 74 of the indian contract act. that apart, to sue for specific performance, another remedy is available to an aggrieved party. however, the said relief is available only as per circumstances mentioned in chapter ii of .....Tag this Judgment!