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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Page 3 of about 840 results (0.019 seconds)

Sep 17 2007 (HC)

Sunil Kumar Vs. United India Insurance Company Ltd. and ors.

Court : Himachal Pradesh

Reported in : 2008(I)ShimLC24

..... appeal precisely on the ground that the learned single judge has based his decision on the erroneous appreciation of facts that the mandate of provision of section 28 of the contract act, 1872, will not apply to the present case. it was further contended that the claim had been preferred and made the subject-matter of a pending action in a court of ..... itself if no action is commenced within the period stipulated by the agreement. such a clause in the agreement would not fall within the mischief of section 28 of the contract act. to put it differently, curtailment of the period of limitation is not permissible in view of section 28, but extinction of the right itself unless exercised within a specified time ..... agreement which in effect seeks to curtail the period of limitation and prescribes a shorter period than that prescribed by law would be void as offending section 28 of the contract act, that is because such an agreement would seek to restrict the party from enforcing his right in court after the period prescribed under the agreement expires even though the period ..... have carefully examined the evidence on record.10. shri j.s. bhogal, learned senior advocate, for the plaintiff (appellant) has forcefully argued that the provision of section 28 of the contract act, as amended, would apply to a pending case and holding the clause of the agreement as bar that insurance company is not liable for the loss after expiration of the .....

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Aug 01 1961 (HC)

Shri Amar Chand Butail and anr. Vs. the Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1962HP43

..... deposited by him in the government treasury in accordance with the terms of agency. it was urged on behalf of respondent no. 1 that under section 72 of the indian contract act he had a right to recover back the sale proceeds qua the foodgrains etc. worth rs. 37,669/ 3/6. under that section a sum of money paid by mistake ..... the appellants are liable to compensate respondent no. 1 to the extent of the benefit derived by them in connection with the aforesaid transactions.25. section 70 of the indian contract act runs as below:--'where a person lawfully does anything for another person, or delivers anything to him not intending to do so gratuitously, and such other person enjoys the benefit ..... instant case no payment was made by respondent no. 2 to respondent no. 1 prior to the revocation of authority and as such according to the provisions of the indian contract act, the authority to pay was revocable.17. even if the first portion of the rule to the aforesaid commentary is held to be applicable to the instant case it will ..... respondent no. 2 to deposit the aforesaid amount and in support of that contention reliance has been placed upon the following passage in sanjiwa row's commentary on the indian contract act, 4th edition, p. 602.'a person cannot revoke an authority to his debtor to pay a debt to a third party, the creditor of the former, after the debtor has .....

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Jun 01 1971 (HC)

Smt. Rajkumari Soni Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1972HP1

..... to smt. rat kumari soni by the government was also not made as rent but it was paid as compensation for use and occupation under section 70 of the indian contract act. that being so in my opinion, no relationship of landlady and tenant exists between the parties.20. in view of the above finding, this revision petition is hereby dismissed. in ..... for government purposes, namely amenities for the troops. the only flaw was that the contracts were not in proper form and so because of this purely technical defect, the principal could not have been sued. but that is lust the kind of case that section 230 (3). contract act, is designed to meet.it would be disastrous to hold that the hundreds of ..... chatturbhuj vithaldas jasani was challenged on the ground that he was subject to the disqualification set out in section 7 (d) of the representation of the people act, as he was interested in a contract for the supply of goods to the central government on the date of his nomination as well as on the date when the results were declared. it ..... government officers who have daily to enter into a variety of contracts often of a petty nature, and sometimes in an emergency, cannot contract orally or through correspondence and that every petty contract must be effected by a ponderous, legal document .....

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Jul 16 1959 (HC)

Union of India (Uoi) Vs. Sansar Chand and ors.

Court : Himachal Pradesh

Reported in : AIR1960HP1

..... fold : in the first place, he submitted--& in my opinion with considerable justification--that the court below has wrongly assumed that the provisions of the indian contract! act were in force in chamba district at the relevant time. he pointed out that the surety bonds were executed by respondents 3 to 6 on 29th bai- ..... ) and paulo varghese v. ittine abraham, air 1952 trav-co. 202 were both decisions under section 126 and 127 of the indian contact act. if the provisions of the contract act were not in force in chamba at the relevant time, it follows that the ratio decidendi of these rulings could not apply to the present ..... , ex. d.w. 31/b, was completed on 12th har, 2005 b. (corresponding to 25-6-1948 a.d.). the provisions of the indian contract act were applied to himachal pradesh, including the chamba district, by the himachal pradesh (application of laws) order, 1948, dated 25-12-1948 and by the merged (states ..... , which came into force on 1-1-1950. it has not been shown that prior to merger any legislation parallel to the indian contract act was in force in chamba state. this all imporant point has been overlooked by the court below. the rulings, reported in nanak ram v. ..... out a case of impossibility of performance, it has to be shown that the contract could not be performed, by the reason of anything that the government did in the matter. under section 56 of the indian contract act, if a contract becomes impossible or by reason of some event which the promisor could not prevent, .....

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Apr 06 1994 (HC)

Raj Kumar Gupta and ors. Vs. Des Raj and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP107

..... and it can be considered for the purpose of deciding the question as to whether the deal in question has been frustrated in terms of section 56 of the indian contract act or not. there is a categorical statement of pw-3 that he did approach the concerned officers besides the chief minister and also the managing director of horticulture for the ..... the area was forzen, to my mind, the completion of the transaction entered into between the patties, had become impossible. 20. now, section 56 of the contract act lays down that an agreement to do an act impossible, is itself void. if that be the position, the deal entered into between the parties, though initially was legally entered into, had become impossible to ..... not accorded and secondly, that the agreement had been frustrated by the publication of the notification under section 16 of the 1977 act, therefore, performance of the agreement had become impossible in terms of section 56 of the indian contract act. thus, he had no alternative but to file the suit for the recovery of the amount advanced by the defendants along with ..... the sale of the suit land can be implied in between the company and the defendants, if so, which company? the contract can be implied under section 9 of the indian contract act in so far as the proposal or acceptance of any promise is made in words, the promise is said to be express and in so far as such proposal or .....

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Aug 18 1983 (HC)

Himachal Pradesh State Forest Corporation, Simla Vs. Hari Chand

Court : Himachal Pradesh

Reported in : AIR1984HP51

..... clause regarding imposition of penalty is void and unenforceable under law. the plaintiff is only entitled to recover reasonable compensation from the defendant under section 74 of the contract act. this issue is decided in favour of the defendant. issue no. 5 : 39. the defendant has supplied resin worth rs. 10647.40 as given ..... the word used is 'penalty', fn any case whether it is compensation or the penalty, i have already held that under section 74 of the contract act the plaintiff is entitled to an amount which is proved to be a reasonable compensation for the loss/damages suffered by the plaintiff on account of the ..... to get damages. 29. in air i960 patna 87, union of india v. vasudeo agarwal; also the scope of sections 73 and 74 of the contract act has been discussed. it is held that the essence of a penalty, is a payment of money stipulated as in terrorem of the offending party. while ..... circumstances. 25. in air 1929 pc 179, bhai panna singh v. bhai arjun singh. it is held that the effect of section 74 of the . contract act is to disentitle a plaintiff to recover a fixed sum mentioned in the agreement whether as penalty or as liquidated damages. the plaintiffs have, to prove the ..... is reasonable compensation that it does not fall under section 74. but if the forfeiture is in the nature of penalty then section 74 of the contract act applies and only reasonable compensation can be allowed. it is further held that proof of actual loss or damage is essential and the plaintiff has to .....

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Oct 07 1975 (HC)

Kanwarani Madna Vati and anr. Vs. Raghunath Singh and ors.

Court : Himachal Pradesh

Reported in : AIR1976HP41

..... the instant case has got no relevancy at all.26. the further submission was that of misrepresentation, which is defined under section 18 of the contract act as meaning a positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though ..... that he dominated the will of defendant no. 1 is totally irrelevant, inasmuch as under section 16 of the contract act the question of dominating the will of another to enter into a contract with him arises only when the transaction itself is unconscionable. in the instant case as stated at the very outset ..... after her affairs personally. therefore, there does not appear to be any question of dominating her will, it is only the person with whom the contract is entered into who should be in a dominating position to influence the person with whom the bar-gain is struck. therefore, the question of undue ..... unless the execution was admitted before him by the testator. therefore, in these circumstances the plaintiff has succeeded in showing that these were all voluntary acts of smt. madna vati and that she possessed sound understanding. therefore, the rule applicable to pardanashin ladies will not at all be attracted to the ..... the learned counsel for the appellant is that it is article 116 of the limitation act of 1908 which would govern the case. under this article the limitation provided is 6 years from the date when the contract is broken or upon the failure to pay the money due on the mortgage. in .....

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Jul 26 1994 (HC)

The H.P. Fruit Growers Co-op. Mark. Processing Society Ltd. Vs. the Hi ...

Court : Himachal Pradesh

Reported in : AIR1996HP94

..... . in this connection, reference is invited to section 74 of the indian contract act, which reads as follows :'74. compensation for breach of contract where penalty stipulated for.- 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 ..... is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or as the case may be, the penalty stipulated for. explanation.-- a stipulation for increased interest from ..... of the leasehold rights in relation to the plot in question, no question with respect to the entitlement of the plaintiffs qua specific performance of contract by way of execution and registration of the sale deed by the defendants arises.13. as regards the agreement with respect to the payment of ..... to exchange the possession of the land in consideration of the amount to be paid by the plaintiff to the defendants. there exists a privity of contract in between them. now the question arises as to what was the nature of transaction entered into between the parties. 9. in this respect, ..... pay the whole sum mentioned therein. explanation.-- a person who enters into a contract with the government does not necessarily thereby undertake any public duty, or promise to do an act in which the public are interested. illustrations: (a) a contracts with b to pay b rs. 1000, - if he fails to pay b .....

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Apr 24 1972 (HC)

Bhagat Ram Vs. Smt. Lilawati Galib

Court : Himachal Pradesh

Reported in : AIR1972HP125

..... entering into an agreement that they would not be governed by that section. the words 'if permitted, it would defeat the provisions of any law' in section 23 of the contract act refer to the performance of any agreement which necessarily entails the transgression of the provisions of any law. what makes an agreement, which is otherwise legal, void is that its ..... falling beyond 5th december, 1971. therefore, it was a case of mutual give and take, and in the circumstances, the tenant could be stated to have contracted out of the provisions of the rent restriction act of 1949, which would have ultimately come into operation after 26th december, 1971 when the period of 5 years expired. it could not be stated that ..... , the compromise decree could very well be passed and could not be held to be a nullity. for the reasons stated above, the tenant could contract out of the provisions of either of the two acts as that was to his advantage.10. it has been then urged on behalf of the appellant that section 14 did actually apply after 26th december ..... he avoids a predicament and gets definite advantage in lieu of giving up the distant advantage of that provision of either of the acts, he can very well do so and can certainly contract out of the provisions of those acts. a very much similar situation arose in lachhoomal v. radhey shyam, 1971 ren cj 340 = (air 1971 sc 2213), where a landlord .....

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Dec 05 1984 (HC)

Nokhia and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1985HP88b

..... claim of compensation. the compensation case has been fixed for hearing the objections of the interest holders by the land acquisition collector, under sections 9 & 10 of the land acquisition act. as soon as their objections are enquired into necessary award wilt be announced in the case. however, the land acquisition collector has been requested to expedite land acquisition proceedings.'as ..... appear to disclose a pattern and bring to light a scheme of things or course of action which is not only violative of the statutory provisions of the land acquisition act and the constitutional mandate enshrined in article 300a hut also fundamental rights. in jau rain's case, the court has made the following pertinent observations in this connection :'.......every ..... the execution of some public utility projects calls for prompt action if the urgency of the situation so requires. however, even in such cases, the authority cannot and will not act in defiance of the statutory and constitutional provisions by depriving the landowners of the possession of their property save in accordance with law. in the interim order sept. 24,1984 ..... and exceptional cases of emergent public utility projects, the execution whereof cannot brook any delay in the public interest and where the provisions of section 17 of the land acquisition act cannot be resorted for reasons such as the nature and character of land, possession of the land or any specified portion thereof may he taken with the consent, as explained .....

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