Court : Gujarat
Reported in : 1988(35)ELT88(Guj); (1988)1GLR388
..... same. in para 23 of the report, section 72 of the act has been referred to. mukharji j. has considered section 72 of the act and has observed in that connection as under (p. 466) : 'section 72 of the indian contract act, 1872, recognised that a person to whom money has been paid, or ..... anything delivered, by mistake or under coercion, must repay or return it. in this case, it is not disputed that mistake of law is also a mi stake covered by the provisions of section 72 of the indian contract act. ..... pradesh v. vyankatlal, : 3scr561 . we cannot distinguish this decision of the supreme court on the ground that specific provisions of section 72 of the contract act have not been referred to therein. in the case of state of madhya pradesh v. vyankatlal : 3scr561 , the supreme court has, in terms, ..... of this court which have, after elaborate consideration of various aspects of the matter, centering round the legal requirements of section 72 of the contract act, have taken the view that unless the concerned plaintiff shows that it has suffered legal injury or prejudice, it cannot, merely on the ground ..... unjustly suffer loss. the law of restitution exists to provide remedies in circumstances of this kind'. it becomes obvious that section 72 of the contract act is ipso facto based on the principle of restitution. so far as the principle of restitution is concerned, the principle of unjust enrichment of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2000Guj313; (2000)3GLR2378
..... between rs. 20,806/- and rs. 17,608/-. two principles with regard to compensation for loss of damage caused by breach of contract as envisaged by section 73 of the indian contract act, 1872 are well settled :--(i) as far as possible he who has proved a breach of bargain to supply what he ..... contracted to get is to be placed, as far as money can do it, in as good a situation as if the contract had been performed, but(ii ..... plaintiff agreed to refund the earnest money. it s pertinent to note that by letter dated 29-5-1973, defendants were not blamed for breach of contract and defendants were not threatened with claim for damages also. the works manager of the plaintiff accepted the demand of the defendants for refund of earnest ..... inspite of the rejection of the tank in question. according to his submission the plaintiff has failed to prove that the defendants committed breach of the contract in question. in the alternative he has submitted that the plaintiff has failed to mitigate the damages and in any event the plaintiff could not ..... that the plaintiff has placed the correspondence on the record of the suit for showing to the court how the defendants have committed breach of the contract in question. according to his submission there was no reason to discard the evidence adduced by the plaintiff when the said evidence has gone unchallenged. in .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1998Guj46; (1997)3GLR1855
..... of the code of civil procedure, 1908 (c.p.c.) and section 4 of the indian contract act, 1872 (act) are the legal questions in focus in this batch of first appeals.2. which is the place of making of contract whether the communication of acceptance of offer is complete at a place from where and when it ..... versions and the relevant aforesaid proposition of law and considering the real design and purport of section 20(c) of the cpc and section 4 of the contract act, we have no hesitation in finding that the impugned judgment and decree recorded by the trial court, at mehsana, holding that part of cause of ..... the observations made in paras 23 and 53 and the interpretation of provisions of section 20 of the c.p.c. as section 4 of the contract act are most relevant and we are in full agreement with the said observations.31. reliance is then placed on the decision of the supreme court in a ..... , be expedient at this stage to refer to provisions of section 4 of the contract act. section 4 reads as under :'4. the communication of a proposal is complete when it comes to knowledge of the person to whom it is made. ..... surat to mansa. in fact, above facts, clearly, go to suggest that there was not acceptance of offers or conclusion of the contract at mansa.12. section 4 of the contract act provides as to when communication of acceptance of offer becomes complete, section 4 as such is very relevant and important. it would, therefore .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1997Guj24; (1997)1GLR774
..... bank in one account. it would be at this stage appropriate to have a close look into the provisions of section 171 of the indian contract act, 1872. section 171 of the said act reads as under:'171. general lien of bankers, factors wharfingers, attorneys and policy-brokers. --bankeres, factors, wharfingers, attorneys of a high ..... account all proceeds of fixed deposits duly credited in cash credit account, it was held that relying on the provisions of section 171 of the contract act the balance can be adjusted by appropriating the amount lying in the separate account in exercise of general lien by the bank.30. in canara ..... rendered in punjab national bank ltd. v. satyapal virmani, air 1956 punjab 118 the principles of banker's lien under section 171 of the contract act are very well highlighted. it is held that on the facts and circumstances of the case the bank could claim a general lien on the surplus ..... left with it and could retain it for payment of other debts due from the same party in the absence of any contract to the contrary. section 171 of the contract act provides for a general banker's lien. according to the law merchant, the banker can look to his general lien as ..... the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the indian evidence act, 1872 (i of 1872), oral evidence of its contents shall not be received.' 20. the jural relationship of debtor and creditor must be admitted; administration may be implied .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1962Guj266
..... delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act 1872 (9 of 1872).'section 161 of the contract act reads as under 'if by the default of the bailee, the goods are not returned, ..... the instant case, the consignor or the bailor has not filed the suit, but the suit has been filed by the consignee, under section 161 of the contract act, in the case of bailment the bailee is responsible only to the bailor, and if a person, who is not a bailor, files a suit against ..... this question also need not be further pursued in view of the fact section 161 or the contract act clearly provides that the bailee is responsible only to the bailor. it is not stated in section 161 of the contract act that the bailee is responsible to the owner of goods bailed.7. in any case, it ..... the bailor, that is the consignor, and this is not a case in which section 226 of the contract act is sought to be applied, because it is not suggested by the plaintiff that the consignor was acting as his agent. the learned small cause court judge was, therefore, wrong in passing a decree in ..... of goods to the railway. the word 'bailment' is thus defined in section 148 of the indian contract act :-'a 'bailment' is 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 disposed of according to the directions of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1969Guj178; (1969)GLR457
..... is a limited exception as mentioned in order 30, rule 4, which runs as under :-- '(1) notwithstanding anything contained in section 45 of the indian contract act, 1872, where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies whether ..... on behalf of the firm can be filed equally by all the partners who are compromises and all of whom are under section 45 of the indian contract act, 1872, joined together in enforcing the promise against a third party promisor. the suit by a firm as we have already discussed, is only a procedural ..... exception in rule 4 only to the case where the partner dies makes it amply clear that otherwise the provisions of section 45 of the indian contract act would normally prevail and any suit without joining all the partners or by the compendious use of the firm name without disclosing all the partners would ..... in section 69(2) would not be fulfilled. mr. trivedi is right in pointing out that in cases of co-promisees section 45 of the indian contract act would require that the promise in their favour can be enforced jointly by all of them. mr. nanavati has no doubt argued that order 30 creates ..... as the liability had accrued. the trial court also held that the plaintiff firm was not entitled to the deductions claimed under section 70 of the contract act as it was bound to spend such amounts even in its own interests. as regards the deductions claimed by the defendant-company, the trial court held .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1970Guj12
..... far as it is opposed to the nature of the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the indian contract act, 1872, or (3) to a person legally disqualified to be transferee. it would follow from this provision that if any law for the time being in force forbids any property being ..... or even interest thereon. it is hardly necessary to point out that even if any such agreement were declared to be void, by reason of section 65 of the indian contract act, the plaintiff would be entitled to get back his amount and the defendant was bound to restore it after making compensation for it when he has received any such advantage ..... circumstances, to the extent and in the manner, allowed and prescribed by any law for the time being in force. section 11 of the contract act defines the capacity to contract as under:-'every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not ..... specifically enforced in view of the provisions contained in section 32 of the contract act. section 31 of the contract act defines a 'contingent contract' as a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. then comes section 32 which says that contingent contracts to do or not to do anything if an uncertain future event .....Tag this Judgment!
Court : Gujarat
Reported in : (2001)4GLR2777
..... plans were shown. the learned counsel for the builder submitted that in view of section 19a of the indian contract act, 1872, if there is undue influence, then, the agreement which is a contract, is voidable at the option of the party whose consent was so obtained. it was further submitted that in ..... received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to ..... view of section 65 of the indian contract act, 1872, when an agreement is discovered to be void, or when a contract becomes void, any person who has ..... advertisement of the proposed project. according to him it was nothing but an invitation to offer as contemplated in the indian contract act. according to him, the written contract is in the form of possession receipt which is produced on the record and the reliance is placed on the said receipts ..... the final certificate may, in the absence of an overriding arbitration clause, bind the employer and prevent him from alleging defective work altogether, and many contracts where no architect is used, particularly private-developer sales (or sales of houses `in the course of erection') may, depending on their terms, .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2002Guj428; (2002)2GLR1768
..... the provisions of section 25 no person shall be admitted as a member of a society except the following, that is to say - (a) an individual, who is competent to contract under the indian contract act, 1872; (b) a firm, company or other body corporate constituted under any law for the time-being in force, or a society registered under the societies registration ..... to contract: -- every person is competent to contract who is of the age of majority according to the law to which he is subject, and ..... who is sound mind and is not disqualified from contracting by any law to which he is subject.'15. therefore ..... said to be an individual competent to contract. the scrutiny of this contention shows that section 22(l)(a) does not provide that the individual should also be an indian citizen. what is provided is that the individual competent to contract under the contract act is eligible to be admitted as member. section 11 of the indian contract act, 1872 reads as under :'11. who are competent .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1990Guj105; 73CompCas209(Guj); (1985)1GLR57; (1990)1GLR628; (1990)1GLR628
..... of the receiver by a mortgagee having the right to exercise power of sale without intervention of the court under section 69. similarly, sections 172 and 176 of the indian contract act, 1872, provide for bailments or pledges. section 176 gives a right to sell the property pledged after giving a reasonable notice of sale. this is also without intervention of the court ..... concern when management istaken over32b effect of notified order under section 32a32c powers and duties of directors and administrators32d no right to compensation for termination of contract ofmanaging agent, managing director, etc.32e application of act 1 of 195632f restriction on filing of suits for dissolution, etc.,of an industrial concern not being a company when itsmanagement is taken over. 7. chapter ..... property or hold property. on the other hand, this is a case of the mortgagor, under the freedom guaranteed under article 14, holding property and subject to a freely negotiated contract by him, acquiring funds thereon providing for the disposal of the property in the event of his not being able to discharge the mortgage in the manner agreed to by ..... not kept up what happens is the mortgagees who are citizens of the union of india like the mortgagors, only come to enforce their rights under the contract entered into between them. article 14 can obviously have no application. there is no discrimination looked at from any point of denial of equal protection. therefore, the point taken under .....Tag this Judgment!