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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: guwahati Page 1 of about 1,523 results (0.025 seconds)

Mar 31 2005 (HC)

Benathung Odyuo Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... be pointed out that the law commission of india in its 13th report adopted the same approach and recommended that, by way of exception to section 25 of the indian contract act, 1872, a promise, express or implied, which the promisor knows or reasonably should know, will be relied upon by the promisee, should be enforceable, if the promisee has altered his ..... to dhep.after a continuous deliberation in connection with rate revision to reduce the rate, the contractor finally agreed to the conditions reluctantly but subject to condition that the fresh contract period must be valid for minimum period of 3 (three) years.hence, the proposed and agreed conditions of the rates revision are as follows:--aa : for market bus :-- a) ..... regard to the extension of the hiring of the two buses of the petitioner by the respondents.10. the learned counsel for the respondents further contended that matters relating to contract will not attract the provision of article 226 of the constitution. the learned counsel is placing his reliance in the case of national highways authority of india v. ganga enterprises ..... the above three decisions, the respondents have acted arbitrarily and discriminately which calls for intervention by this court.for the aforesaid reasons, the impugned niq/nit dated 26-6-2004 issued by the respondents and proceedings undertaken thereto are hereby set aside and quashed. the respondents shall take necessary steps for extending the contract agreement for the two buses for a period .....

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Aug 13 1985 (HC)

Mustt. Jubeda Khatun Vs. Sulaiman Khan

Court : Guwahati

..... positive and affirmative in this constituency as well. it is for consideration whether the provisions of section 111 of the evidence act, the provisions of section 114 illustration (c), section 16 of the contract act, 1872 and section 118 of the negotiable instruments act, 1881 need be suitably amended and the principles applicable to pardanashin ladies should be expressly made applicable to the weak, ..... the transaction to show that its terms were fair and equitable. the protection afforded in those instances is distinct and separate from the principles contained in section 111 of evidence act, which to my mind strictly apply only to the case of the transactions where one party is in relation of active confidence. however, whenever a party seeks to sustain ..... voluntarily executed the document or not can be ascertained from other evidence, direct and circumstantial. once it is established that the execution was not merely her physical act but also her mental act the burden is discharged. the burden may be discharged by proving that the document was explained to her and that she understood the nature and contents of the ..... establish that the said document was executed by her after clearly understanding the nature of the transaction. it should be established that it was not only her physical act but also her mental act. the burden can be discharged not only by proving that the document wasexplained to her and that she understood it, but also other evidence, direct and circumstantial .....

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Nov 11 2005 (HC)

Ranjit Kumar Saha Vs. State of Tripura

Court : Guwahati

..... refund of the earnest money and submits that the department has rightly forfeited the earnest money.7. under section 5 of the contract act, 1872, there can be no dispute that a contracting party has the right to withdraw his bid before its acceptance by either of the parties. in this case, the respondents ..... bid security, there is no statutory right, exercise of which was being fettered. there is no term in the contract which is contrary to the provisions of the indian contract act. the indian contract act merely provides that a person can withdraw his offer before its acceptance. but withdrawal of an offer, before it is ..... be returned to him. forfeiture of such earnest/security, in no way, affects any statutory right under the indian contract act. such earnest/security is given and taken to ensure that a contract comes into existence. it would be an anomalous situation that a person who, by his own conduct, precludes the ..... withdraw his offer but if he has made his offer on a condition that some earnest money will be forfeited for not entering into contract or if some act is not performed, then even though he may have a right to withdraw his offer, he has no right to claim that ..... of the petitioner within a reasonable period of time, the petitioner was not in a position to execute the agreement or carry out the transportation contract and that under such circumstances, the petitioner was within his right to withdraw his bid, especially when the withdrawal was made before acceptance of .....

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Sep 01 1999 (HC)

Food Corporation of India and anr. Vs. Sujit Roy

Court : Guwahati

..... 7. in reply to the aforesaid submission, mr. a. m. lodh, learned counsel for the respondent, contended that under section 5 of the contract act, 1872, a proposal could be revoked at any time before the communication of its acceptance was complete as against the proposer and hence the respondent was fully ..... choudhary v. state of assam, air 1991 gauhati 9, in which it has been held that under the provisions of section 5 of indian contract act, a proposal may be revoked at any time before communication of its acceptance is complete as against the proposer and that such a statutory right ..... under the provisions of the contract act cannot be overridden or taken away by the provision of the local rules framed by the state government regulating the settlement/sale of mahal/coupe ..... of his tender, to furnish the requisite security deposit by the due date without prejudice to any other lights and remedies of corporation under the contract of law. the earnest money will be returned to all unsuccessful tenderers, as soon as practicable after decision on tenders and to a successful ..... india publication ltd. v. assam industrial development corporation ltd., (1998) 2 gauhati lr 123, wherein it has been held that in the realm of contract, the interference by a writ court would not be proper unless the element of unfairness or arbitrariness was palpable. according to mr. lodh, since there .....

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May 06 2002 (HC)

Damudhar Prasad Verma Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

..... is a matter of growing importance. government contracts cannot be viewed purely as being similar in all respects to private contracts between two individuals, for ..... contracts. article 299 contains essential formalities which a government contract must fulfil. article 300 provides the manner in which suits and proceedings against or by the government may be instituted. the constitutional code for government contract is not complete, therefore, it is supplemented by the provisions of the indian contract act, 1872. the legal analysis of government contracts ..... here both administrative and contractual powers intersect. in this area, there is need to protect public interest and also to protect the individuals against unfair exercise of administrative power. such contracts ..... interest of the individual against the arbitrary and unfair exercise of executive power. administrative fairness must also be reflected in dealing with government contracts. given the recent trend of judicial activism, the petitioner has accrued enforceable legal right to invoke the jurisdiction of this writ court .....

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Sep 12 1988 (HC)

Union of India (Uoi) and anr. Vs. Hari Mohan Ghosh

Court : Guwahati

..... damage caused by breach of contract.-- when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who ..... principle in law relating to compensation for breach of contract in such cases that the aggrieved party is entitled to compensation, equivalent to the value of the goods and not to the profits which he expected to obtain. 15. section 73 of the contract act, 1872 reads as under: '73. compensation for loss or ..... caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. such compensation is not to be given for any remote and indirect loss or damage ..... sustained by reason of the breach. compensation for failure to discharge obligation resembling those created by contract- when an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive ..... of a value of more than rs. 500/-, but was not so declared and the required percentage under section 77b of the indian railways act (hereinafter the act) was not paid and hence the defendants were not liable and that the plaintiff was not entitled to compensation for loss of profits. 3. .....

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Jan 27 1992 (HC)

United Bank of India Vs. Sri Debendra Nath Roy Choudhury

Court : Guwahati

..... held that the plaintiff was not in a position to return the goods. 5. with regard to the right of pawnee where the pawnor makes default, section 176 of the contract act runs in the following terms: 'pawnee's right where pawnor makes default.-- if the pawnor makes default in payment of the debt, or performance, at the stipulated time of the ..... . 3. upon hearing the learned counsel for the parties, the points for determination in this appeal are :-- 1) whether the suit was maintainable in view of section 176 of the contract act? 2) whether the suit was barred by law of limitation? 4. let us now deal with the factual position of the case. it is not disputed that the defendant took ..... also retain the goods pledged and the pawnor in such a case would be placed in a position where he incurs a greater liability than he bargained for under the contract of pledge..... if the pawnee is nota position to redeliver the goods he cannot have both the payment of the debt and also the goods. where the value of the ..... entitled then to recover only the balance.' 7. in balkrishan v. swadeshi polytex ltd., air 1985 sc 520, the supreme court has observed: 'under section 176 of the indian contractact, 1872 if the pawnor makes default inpayment of the debt, or performance, at thestipulated time of the promise, in respect ofwhich the goods were pledged, the pawneemay bring a suit against .....

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Dec 21 2004 (HC)

Kobe Ete Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

..... specific period of limitation. turning to section 29 of the limitation act 1963, the said section is a saving section incorporated in the 1963 act. section 29 of the limitation act 1963 is quoted herein below:section 29(1) nothing in this act shall affect section 25 of the indian contract act, 1872(9) of 1872.(2) where any special or local law prescribes for any suit ..... to which they are not expressly excluded by the special or local law. section 52 of the 1945 regulation incorporates specific provisions regarding applicability of the principles of the limitation act so for the persons who are not indigenous to the present state of arunachal pradesh. it has not provided expressly about the applicability or non-applicability of the provisions ..... tracts of assam is a local law within the meaning of section 29 of the limitation act, the assam frontier (administration of justice) regulation, 1945 (hereinafter referred to as 1945 regulation) to some extent ameliorate the other substantive provisions of laws such as the code of ..... frontier tracts of assam.now, therefore, the governor of assam, in exercise of the powers conferred by the sub-section (2) of section 92 of the government of indian act, 1935, is pleased to make the following regulation:.11. the aforesaid regulation having been erected for governing the administration of justice in the balipara, lakhimpur, sadiya and tirap frontier .....

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Nov 28 2006 (HC)

Paltanbazar Municipal Corpn. Market Dealers Association and ors. Vs. R ...

Court : Guwahati

..... parties in clear disregard of public interest, as well as, interest of the answering defendants and the agreement being not a contract under section 10 read with section 2(d) of indian contract act, 1872, no suit lies for specific performance of the agreement and therefore, prayed for dismissal of the suit.9. upon the ..... had executed it.iv) the reference has been made to the definition clause of section 2(a) to 2(h) and section 10 of the contract act. a bare reading of the agreement would show that an offer was made which was specific and certain and the government of assam and the gauhati ..... requires no interference.15. mr. bhattacharyya, learned senior counsel has further argued that sections 2(b) to 2(h) along with section 10 of the contract act, if read together with the agreement dated 19.1.85, it would show that there was a lawful consideration between the parties because the government would ..... on record including the pleadings of the parties and also the definition clause of section 2(a) to 2(h) and section 10 of the contract act in order to impress the court that agreement dated 19.1.85 between the government and municipal corporation in one hand and the plaintiffs on the ..... both the promisor and the promisee and therefore, this court with an unambiguous term hold that the agreement entered between the parties are contract under section 10 of the contract act and therefore, enforceable under the law.v) a close scrutiny of clause 2 of the agreement referred to by the counsel of the .....

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Jan 03 1995 (HC)

Mustt. Sabira Khatun Vs. Mustt. Syeda Fatema Khatoon

Court : Guwahati

..... appellate court has been made out in the grounds of appeal. mr. goswami further submitted that explanation (i) to section 16(c) of the specific relief act, 1963 and section 51 of the indian contract act, 1872 make it abundant clear that the requirement of law is not that the plaintiff has actually to tender the payment of money to the defendant but must ..... willing to perform the essential term of the contract, namely payment of balance consideration of rs. 15.000/- for execution of the sale deed ..... prove that he was ready and willing to perform his part of the contract and section 16(c) of the specific relief act, 1963, was a bar for a decree of specific enforcement of the contract in such a case. mr. khetri also relied on section 50 of the indian contract act, 1872, for the proposition that the promise to pay the sum of rs. 15 ..... he was always ready and willing to perform the essential terms of the contract which were to be performed by him. this position of law would be clear from section 16(c) read with explanation (i) of the specific relief act, 1963, as well as section 51 of the indian contract act, 1872. the question, therefore, is as to whether the plaintiff was ready and .....

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