Court : Delhi
Decided on : Aug-04-2011
..... filed i.e. of the gpa coming to an end on the demise of the father of the petitioner, is contrary to law i.e. section 202 of the indian contract act, 1872. the power of attorney, from a reading thereof appears to be for consideration. the division bench of this court in asha m. jain v. the canara bank manu/de/1304 .....Tag this Judgment!
Court : Delhi
Decided on : Aug-29-2011
..... 92 where it has been held that the party cannot take the position that is not present in its pleadings. 40. section 172 of the indian contract act, 1872 wherein the "bailment" is defined, the same is reproduced here under:- "172. pledge, pawnor and pawnee defined - the bailment of goods as ..... amount. 4) mr. singh, learned senior counsel argued that assuming that even if there is a violation of section 176 of the indian contract act, 1872 the plaintiff is no person to challenge the same. 5) mr. singh, learned senior counsel submitted that the plaintiff was aware that the ..... the parties by agreeing otherwise cannot waive the mandatory provisions of the law. thus, the said stipulation agreeing beyond section 176 of the indian contract act, 1872 is against law and public policy. 29. learned senior counsel for the plaintiff submitted that in order to secure interest of the plaintiff in ..... invocation of the pledge by the defendant no. 1 has to be in accordance with the law and principles envisaged under the indian contract act, 1872. it is submitted that the illegal invocation of the pledge and consequently unilateral sale to itself tantamount to forfeiture which impermissible under the law ..... has a special right in the pledged goods whereas the general ownership remains with the owner. the second part of section 176 of the contract act, 1872 mandates that the pledged security cannot be appropriated and a pawnee has no right to foreclosure since he never possesses the absolute ownership at .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-2011
..... is in the negative. such high amounts called earnest money will be in the nature of penalty and thus hit by section 74 of the indian contract act, 1872 in view of fateh chand's case. the principles laid down in fateh chand's case; that forfeiture of a reasonable amount is not penalty but ..... defendants have received rs. 5 lacs and thus no evidence to contradict the terms of a written document is permissible vide section 92 of the indian evidence act, 1872.8. in view of the above, appeal is accepted. impugned judgment and decree is set aside. a decree is passed in favour of the appellant ..... and stipulations by way of penalty.10. section 74 of the indian contract act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where the contract contains any other stipulation by way of penalty. we are in the ..... adjusted in the light of section 74 of the indian contract act, which in its material part provides:-"when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the ..... compensation as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation according to .....Tag this Judgment!
Court : Delhi
Decided on : Jan-17-2011
..... anr. v. state of andhra pradesh, air 1968 sc 599, the supreme court has observed that the compulsion of law is not coercion as defined in section 15 of the contract act, 1872. 35. in siddheshwar sahakari sakahar karkhana ltd. v. cit,(2004) 12 scc 1, the supreme court observed that:the mere fact that the ..... decision. it was some time during the 36 months between 1990 and 1993.26. the period of limitation for filing a suit for specific performance of contract as provided under article 54 of the limitation act, 1963 is three years which is to be calculated from the date fixed for the performance, or, if no such date is fixed, it would be ..... to exercise its discretion to grant the relief for specific performance under the facts and circumstances of the present case as clause 6 of the contract is hit by section 14(c) of the specific relief act, 1963. the prayer sought by the plaintiff in the present suit to pass a decree for specific performance of the agreement in relation to property ..... ' in the repealed s 21(d) was inaccurate and at the suggestion expressed in earlier edition of the book, the word determinable' has been substituted. a contract, which is in its nature revocable, or determinable as described in this act, is not enforceable by specific performance. specific performance is not decreed if the defendant would be entitled to revoke or dissolve a .....Tag this Judgment!
Court : Delhi
Decided on : Feb-11-2011
..... breach of a contract but where no loss has been occasioned, no question of award of compensation arises. the appellant further ..... is hereby dismissed.7. in this appeal filed under section 39 of the act, similar pleas which were taken before the addl. district judge have been reiterated. it has been submitted that under section 73 & 74 of the indian contract act, 1872, the compensation can only be granted to the other party on account of ..... no order as to costs.26. the aforesaid judgment lays down the law as to how the provision of section 73 & 74 of the contract act are to be interpreted while dealing with clauses providing for pre-estimate of damages in the form of liquidated damages. the discussion by the apex ..... payable to the appellant without proving the damages caused to them. the appellant has relied upon the provisions contained under section 73 & 74 of the contract act to substantiate his arguments.6. the adj rejected the plea of the appellant to set aside the arbitral award and dismissed the petition of the appellant ..... invoking clause 13 of stcc by deducting the said amount out of dues payable was not in violation of section 73 and 74 of the contract act and thus refused to direct the respondents to return the said amount. hence this appeal.2. the learned adj vide impugned order not only .....Tag this Judgment!
Court : Delhi
Decided on : May-20-2011
..... view was taken in sangramsinh p. gaekwad v. shantadevi p. gaekwad; (2005) 11 scc 314. 22. section 16 of contract act, 1872 defines undue influence as under:- "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 ..... the burden of proving that such contract was not induced by undue influence shall be upon the person in a position to dominate the will of the other. nothing in the sub-section shall affect the provisions of section 111 of the indian evidence act, 1872 (1 of 1872). the onus is on the person ..... holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or (b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) where a person who ..... rule 4 of the cpc held that when a fraud is alleged, the particulars thereof are required to be pleaded. it was observed that when a contract is said to be voidable by reason of any coercion, misrepresentation or fraud, the particulars thereof are required to be pleaded. in ramesh b. desai ..... facts and circumstances of the case before this court. as noted earlier, there is a statutory presumption under section 114 (e) of evidence act that the official acts were regularly performed. therefore, in the absence of any material to the contrary, it must necessarily be presumed that all the rules relating to .....Tag this Judgment!
Court : Delhi
Decided on : Jul-28-2011
..... foundation in the plaint for invoking clause 4.5 of the shareholders agreement. 28.mr.kapadia invited our attention to section 27 of indian contract act, 1872 (for short 'act') to contend that even otherwise clause 4.5 is void. in support of this submission, he relied upon the judgment of the apex ..... is in restraint of trade, as contained in clause (10) of the service agreement between the parties is void under section 27 of the indian contract act, 1872?, (ii) whether the said restrictive covenant assuming it to be valid, is on its terms enforceable at the instance of the appellant company against ..... therein,; provided that such limits appear to the court reasonable, regard being had to the nature of the business. 30.section 27 of the contract act is general in terms and declares all agreements in restraint void pro tanto except in the case specified in the exception. the observations of sir ..... upon the statute during many years past. in this view of the matter, if we adopt the construction of s.27 of the indian contract act as first suggested by sir richard couch and subsequently affirmed in the cases to which we have referred, a construction which is consistent with ..... of the law, specially as the legislature has deliberately left the provision in s.27, in its original form, though other provisions of the contract act have from time to time been amended. the interference would be almost irresistible under these circumstances, that the courts have rightly ascertained the intention of .....Tag this Judgment!
Court : Delhi
Decided on : Dec-05-2011
..... and there need not be any privity of consideration. 9. we highlight the definition of consideration as per clause (d) of section 2 of the indian contract act 1872. it reads as under:- "2.(d) when at the desire of the promisor, the promise or any other person has done or abstained from doing, ..... which he deposed facts in sync with the written statement. 33. the learned single judge has thus correctly opined that the plaintiff has failed to prove any contract with defendant no.1, much less at delhi and thus qua defendants no.1 to 3, no cause of action had accrued, much less at delhi ..... . that apart, the answers of sh.sandeep phookan and sh.sanjay mittal show the hollowness of their claim. the former who claimed that the oral contract between the plaintiff and defendant no.1 was concluded at delhi failed to even name the persons who took part in the discussions. where and when the ..... third affidavit by way of evidence has to be ignored. 25. during cross-examination, sandeep phookan pw-1 admitted the following:- "(a) there was no written contract executed for supply of cotton to the plaintiff company by defendants 1 to 3 (vol. but it was a verbal agreement and that is how mostly the trade ..... in paras 18 and 19 above, relevance of the second document may now be highlighted. 23. whereas dw-1 categorically deposed that it had no contract, understanding or agreement with the plaintiff and that the jural relationship was inter-se defendant no.1 and defendant no.4 and that the payments received .....Tag this Judgment!
Court : Delhi
Decided on : Sep-15-2011
..... information, they have proceeded to sell/appropriate the suit shares despite of the fact that there was no breach and in fact, in breach of section 176 of the indian contract act, 1872. the comprehensive detail of the said scheme was mentioned in the earlier suit in para no.2(n) of the plaint which reads as under:- "2(n) given the adverse ..... its intention to sell the invoked shares after giving the reasonable time under the compliance of section 176 of the indian contract act, 1872. it appears that the plaintiffs have not redeemed the said shares under sections 176 & 177 of the indian contract act, 1872 after the receipt of notice, rather they have filed the fresh suit seeking the stay of implementation, operation and effect of ..... own oblique motives and have proceeded to sell/appropriate the suit shares despite the fact that there was no breach and in fact, in breach of section 176 of the contract act. no flow of consideration has even been disclosed. the entire transaction is dhrouded in mystery and in fact is clandestine. it amounts to conversion. in fact, a copy of the ..... ) however, the defendant no.1, now being the pledgee, is therefore, entitled to sell and dispose of the same after issuance of valid notice required under section 176 of the act and the plaintiff or the defendant no.3 would be entitled to redeem the same. in case they fail to redeem the same within the time granted by the defendant .....Tag this Judgment!
Court : Delhi
Decided on : May-04-2011
..... not claim higher salary or other attendant benefits would be contrary to law and also against public policy. it would, therefore, be unenforceable in view of section 23 of the contract act, 1872. applying the principle of quantum meruit the supreme court in the case of selvaraj (supra) had held that the employer has to pay to the respondents the emoluments available in .....Tag this Judgment!