Court : Delhi
Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681
..... v. shri narendra anand and ors. : 1991(21)drj53 .25. before considering the case law on the subject of section 27 of the indian contract act, 1872, it would be instructive to have another look at the said non-solicitation clause. a reading of the clause indicates that it has two components. the ..... if: (1) there was a non-employment (non hire) clause in the agreement; (2) the agreement was subsisting; and (3) section 27 of the contract act, 1872 was repealed.24. mr arun mohan also placed reliance on the following decisions:i) superintendence company of india (p) ltd v. sh. krishan murgai : (1981) ..... that agreement did not contain a non-solicitation clause. fourthly, he mentioned that any restraint on employment would be vocative of section 27 of the indian contract act, 1872 and that the ratio of the decision in the case of pepsi foods ltd and ors. v. bharat coca-cola holdings pvt. ltd and ors. ..... non-solicitation clause does not amount to a restraint of trade, business or profession and would not be hit by section 27 of the indian contract act, 1872 as being void.49. however, the question that arises is what happens when the respondent has solicited and/or induced or encouraged employees of ..... considerations for determining whether an agreement is in restraint of trade, business or profession and is hit by section 27 of the indian contract act, 1872. in fact, the supreme court in gujarat bottling (supra), did not go into the question whether reasonableness of restraint is outside the purview .....Tag this Judgment!
Court : Delhi
Reported in : 150(2008)DLT302; 2008(102)DRJ69; (2008)151PLR16
..... of the offer/ proposal was made by the plaintiff. some assistance can be taken of the provisions of section 7(2) of the indian contract act, 1872 which, inter alia, stipulates:if the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such ..... the purchase orders placed by the defendant were in the nature of proposals as understood under section 7(2) of the indian contract act, 1872. for a proposal to result in a contract, it requires the acceptance on the part of the person to whom the proposal is made, in this case, the ..... manner stipulated in the purchase orders themselves. this is a presumption which the court can draw in terms of section 114 of the indian evidence act, 1872. this being the position, the inescapable conclusion is that the proposal and the acceptance were both done at delhi. this is so because ..... . since the plaintiff has instituted this suit on account of alleged non-performance of the contracts, evidenced by the purchase orders, the only place where the cause of action has arisen is village dagori, bilaspur, chhattisgarh. consequently, he submitted, ..... made at bilaspur to the representatives of the plaintiff, who had come to bilaspur. the said payments were made by cheques. he submitted that the contract was clearly to be performed at bilaspur and, thereforee, when the plaintiff alleges non-performance, the place of non- performance would also be bilaspur .....Tag this Judgment!
Court : Delhi
Reported in : AIR1982Delhi487; 56CompCas509(Delhi)
..... the said court decree and giving its consent to the sale which was later on confirmed by the court. 46. section 135 of the indian contract act, 1872, reads : 'a contract between the creditor and the principal debtor, by which the creditor makes a composition with, or promises to give time to, or not to sue ..... be presumed that the liability of the defendant-jute mills was that of a surety. 43. according to s. 126 o the indian contract act, 1872, a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who gives the guarantee ..... was next averred that the liability of the jute mills, the surety, stood discharged in view of the provisions of s. 141 of the indian contract act, 1872, on account of the acts and omissions of the plaintiff, namely, (1) by filing suit no. 315 of 1977, in the court of the second civil judge, kanpur ..... appointed under the final decree, the liability of the defendant surety does not stand discharged. 53. section 141 of the indian contract act, 1872, reads : 'a surty is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the ..... passed. i fail to understand as to how such a decree can fall within the purview of the provisions contained in s. 135 of the indian contract act. if the principal debtor, the defendant in a suit, concedes judgment by filing the written statement admitting the allegations in the plaint as correct and .....Tag this Judgment!
Court : Delhi
Reported in : 1996VAD(Delhi)704; 65(1997)DLT1; 2003(39)DRJ760
..... the provisions of clause (b) of the of section '14, he shall be punishable with fine which may extend to one thousands rupees. xxxxxxxxxxxxx contract act, 1872 23. what consideration and objects are lawful, and what not the consideration or object of an agreement is lawful, unless - it is forbidden by ..... not. the legislature did not lay down under section 23 of the contract act the conditions or qualifications as to what is forbidden by law or what would ..... of delhi high court dealing with section 14 of the delhi rent control act is apposite to the case at hand. it is banarsi dass vs shakuntala : air1989delhi184 . the division bench has held : 'section 23 of the contract act, 1872 jays down as to what considerations and objects are lawful and what are ..... the plaintiff-appellant that the transaction pleaded by the defendant-respondent being one which is illegal and void by reference to section 23 of the contract act, cannot be upheld and hence fails. (28) it was next submitted by mr.mehta that once the execution of the deed of partnership ..... breach the licensee was liaty: to pay a penalty. the full bench held that the partnership entered into was not illegal under section 23 of the contract act. (24) har karan ghai ram aggarwal vs champa lal 1962 mp 22, mohd sayeed bawa vs universal timbers traders air 1976 j& 9 bhagwat genuji .....Tag this Judgment!
Court : Delhi
Reported in : 160(2009)DLT642
..... delay when possession of cooling towers was taken by the petitioner, which disentitled the petitioner to claim compensation in terms of section 55 of the indian contract act, 1872;b. refusal by the petitioner to furnish any details in respect of its claim for liquidated damages;c. non-production of any evidence by the ..... was accepted by the petitioner and the petitioner is enjoying the benefit of the said work. therefore, in terms of section 70 of the indian contract act, the respondent was entitled to compensation for the work done by it and which was rightly awarded by the arbitral tribunal as per the law enunciated ..... respondent from performing the pg tests and therefore, in terms of section 53 of the indian contract act, the respondent was not bound to perform the pg tests. it is submitted that had the petitioner been serious about conducting the pg tests, it ..... tests were to be conducted. since, the petitioner did not make the towers available for the tests, in terms of section 54 of the indian contract act, the respondent was not bound to conduct the pg tests. that in view of the above facts it is clear that the petitioner had prevented the ..... i also agree with the view of the arbitral tribunal that the stipulation of 30 days contained in clause 26 of the contract was contrary to s.28(1) of the indian contract act.23. that being the case, the respondent had no choice but to directly take its dispute to arbitration. in these .....Tag this Judgment!
Court : Delhi
Reported in : [2006(110)FLR1061]; (2006)IIILLJ540Del
..... an employer for two years from taking employment with any present, past a prospective customer of plaintiff was held to be void and contrary to section 27 of the indian contract act, 1872. it was held that such a stipulation would prime facie be against public policy of india and arm-twisting tactic adopted by employer against young man looking for a job ..... employee from engaging or undertaking employment for twelve months after leaving the services of plaintiff was held to be contrary and in violation of section 27 of the indian contract act, 1872 and injunction was declined.43. the case of burlington (supra) relied on by the plaintiff is clearly distinguishable as that was the case of violation of the copyright. in this ..... country, it may not be permissible to import the principles enunciated in different environments and laws. the contract act,1872 is quite exhaustive even if it may not be a complete code dealing with all the eventualities pertaining to contracts. for comprehending section 27 of the contract act,1872 what is to be seen is its language which will determine its scope uninfluenced by the manner in ..... that restrain to trade being partial or reasonable are applicable unless the case falls within the exception of section 27 of the indian contract act,1872. an inquiry into reasonableness of the restraint is not envisaged by section 27 of the said act. in contradistinction to the two questions as in england, the courts in india only have to consider the question whether the .....Tag this Judgment!
Court : Delhi
Reported in : AIR2007Delhi1; 2006(2)CTLJ183(Del); 2006(91)DRJ26
..... of rs. 31.5 lakhs by 15.07.2004 which he failed to do and, thereforee, time being of the essence of the contract, the contract became voidable at the option of the defendants in terms of section 55 of the indian contract act, 1872 and by sending the letter dated 27.07.2004 (exhibit-p-3), the defendants exercised this option and rescinded the ..... at a fixed time, in contract in which time is essential 'when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or ..... contract and forfeited the amount of rs. 1,00,000/-. referring to the affidavit by way of evidence of dw-1 (representing the examination-in-chief ..... their part cannot be taken advantage of by them for avoiding the contract on the pretext that time was of the essence of the contract.16. in order to appreciate the arguments advanced by the counsel for the parties, it would be necessary to refer to section 55 of the indian contract act, 1872. the same reads as under:55. effect of failure to perform .....Tag this Judgment!
Court : Delhi
Reported in : AIR1991Delhi298; ILR1991Delhi634
..... of gujarat that there was no bailment in that case nor could such bailment be inferred as s. 140 of the contract act, 1872 required that bailment could arise only under a contract between the parties. the court observed that this contention was not sustainable and that bailment is dealt with by the ..... defendants were responsible for any loss occasioned to the plaintiffs. u/ s. 148 of the indian contract act, 1872, a bailment is defined as the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to ..... contract act only in cases where it arose from a contract but it was not correct to say that there could not be a bailment without an enforceable contract. the supreme court observed that there was a legal obligation to preserve the ..... own goods of the same bulk, quality and value as the goods bailed. then, u/ s. 152, the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in s. 151 ..... and a common seal with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued. (sec. 3 of the act). second defendant, thereforee, is neither a necessary nor a proper party in these proceedings. the suit against .....Tag this Judgment!
Court : Delhi
Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194
..... such a case the party complaining of the breach would be entitled to reasonable compensation not exceeding the penalty stipulated. while considering the provisions of section 74 of the indian contract act, 1872, the supreme court, in fateh chand (supra) observed that although proof of 'actual loss or damage' was dispensed with, there must, however, be legal injury before compensation can be ..... stipulation providing payment for liquidated damages and a stipulation which was in the nature of penalty, were sought to be eliminated by the introduction of section 74 of the indian contract act, 1872. it was also noted that at common law, genuine pre-estimate of damages by mutual agreement was regarded as a stipulation naming liquidated damages and was binding between the ..... court in the case of ongc (supra). thirdly, the said decision of the supreme court, in my view, merely reiterated the principles governing sections 73 and 74 of the indian contract act, 1872 which had already been settled in fateh chand (supra) and maula bux (supra). for these reasons, the first ground of challenge raised by mr. khorana is rejected.7. as ..... the arbitrator cannot be precluded from considering recent decisions. she also submitted that the ground raised by the petitioner on the basis of provisions of section 55 of the indian contract act, 1872, had been adequately dealt with by the learned arbitrator in the said award. with regard to the third and main ground raised by mr. khorana, she submitted that the .....Tag this Judgment!
Court : Delhi
Reported in : 2003(1)ARBLR270(Delhi); 101(2002)DLT401; 2003(66)DRJ132
..... on the sole plea that the claim with respect to loss of profits was a claim of remote nature, which was not permissible under section 73 & 74 of the indian contract act, 1872. it was contended that after undertaking the construction work respondent/claimant would not have necessarily earned profits. the learned single judge, however, did not find any merit in the ..... tacket v. the saran engineering co. limited' : air1965sc1981 , the award in this respect was set aside observing that under section 73 of the indian contract act, 1872, a party is liable to be compensated for breach of contract by the other party on account of direct loss of profits. remote or indirect loss or damage sustained by reason of the breach will not ..... t. brij paul singh & brothers v. state of gujarat' : air1984sc1703 , wherein while interpreting the provisions of section 73 of the indian contract act, 1872, the supreme court held that where the party entrusting the work commits breach of contract by improperly rescinding the contract, the contractor is entitled to claim damages for loss of profit which he expected to earn by undertaking the works ..... objection to the aforesaid effect. holding that the rescission of the contract by the appellant-authority having already been adjudged as illegal and such finding having attained finality, the arbitrator was quite justified in awarding 10% of the prima cost work .....Tag this Judgment!