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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Page 4 of about 840 results (0.030 seconds)

Apr 30 1962 (HC)

Jai Ram and Son Vs. Kahna Ram Hans Raj

Court : Himachal Pradesh

Reported in : AIR1963HP3

..... calling and the agreement was not invalid under section 27 of the contract act.32. in the case of p. ranialingaiah v. n. subbariam reddi, air 1951 mad 390, it was held that an agreement not to bid ..... like an agreement between intending bidders that one should keep off from bidding and was not unlawful or opposed to public policy under section 23 of the contract act. it was further held that it was not possible to treat the obtaining of a licence from government as in the nature of the trade or ..... part of the respondent firm in the submission of the tender. the question is answered against the appellant.7. question no. 2 : section 23 of the indian contract act and illustration (e) to that section read as below :-'the consideration or object of an agreement is lawful, unless- it is forbidden by law; or is ..... failed to perform its part of the promise. 2. that the agreement arrived at between the respondent firm and jagannath was void under section 23 of the contract act. findings 6. question no. 1 : a reference to ex. p.1 and d.1 will indicate that the arrangement arrived at between the parties was ..... and cons that the tender submitted by the appellant firm was accepted.11. 'fraud' according to section 17 of the contract act means and includes any of the following acts committed by a party to the contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent or .....

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Sep 18 1951 (HC)

Mt. Reshmi Vs. Ghungaria

Court : Himachal Pradesh

Reported in : AIR1952HP20

..... paragraph all grounds open in a first appeal are entertainable in this second appeal.6. the entire law with regard to undue influence is contained in section 16 of the contract act. in order that a transaction may be held as having been induced by undue influence three things are necessary: (1) that the relations subsisting between the parties were such that ..... so that the one cannot fairly be considered without also considering the other. this will be evident by the fact that inadequacy of consideration may under section 25 of the contract act be taken into account in determining the question of the free consent of the promisor. from what has been stated above it is clear that rs. 400/- were due by .....

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Aug 30 1984 (HC)

Chet Ram and ors. Vs. Sawanu Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1985HP97

..... the agreement dt. 15-12-1954 (ex. pw 4/a) is admitted to be proved, still such an agreement is 'forbidden by law' and is not enforceable under section 23, contract act. by this agreement defendant 1 had agreed to divide the disputed land in 9 equal shares thus keeping only one share for himself. for the remaining 8/9th share he ..... by the government with a specific provision that the property shall not be alienated without the consent of the tehsildar, it was intended to be personal to the grantee. any contract which has the effect of circumventing this policy of the government would be opposed to public policy.15. in the present case too, the government granted nautor to defendant 1 ..... plaintiffs by any compromise (ex. pw 4/a). he further held that the suit was time barred and the agreement dt. 15-12-1954 (ex.pw 4/a) was never acted upon.9. now before us the learned counsel for the appellants (plaintiffs) contended that theagreement dt. 15-12-1954 (ex. pw 4/a) was valid and binding and defendant 1 ..... 17-10-1967 and dismissed the plaintiffs' suit. he held that the agreement dt. 15-12-1954 (ex. p. w. 4/a) was simply a paper transaction and was never acted upon and the suit was barred by limitation. the agreement ex. pw 4/a was held to be against the spirit of the nautor patta (ex. d-l).8. dissatisfied .....

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Jun 06 1983 (HC)

Smt. Takri Devi Vs. Smt. Rama Dogra and ors.

Court : Himachal Pradesh

Reported in : AIR1984HP11

..... d-l was got executed from her by shri charan dass under undue in-fluence,18. 'undue influence' is defined in section 16. contract act, and it reads as follows;--'a contract is said to be induced by 'undue influence' where the relationssubsisting between the parties are such that one of the parties is in a ..... adduced, to be unconscionable, the burden of providing that such contract was not induced by undue influence shall lie upon the per-son in a position to dominate' the will of the other.nothing in this sub-section shall affect the provisions of section 111, evidence act, 1872.19. illustrations (a) to (c) are as follows ..... he 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 tem-porarily or permanently affected by reason of age illness: or mental or bodily distress: (3) where a, person, ..... the plaintiff is only a figurehead as alleged? if so to what effect? opd 8. whether the plaintiff is estopped from filing the present suit by her acts and conduct as alleged? opd. 9. relief. 8. i have heard shri s.s. mittal the learned counsel for the plaintiff and shri inder singh the ..... the suit. it is alleged that the plaintiff is being financed by one hari ram and that she is estopped from filing the suit by her acts, omission and commission. the suit is not properly-valued for the purposes of court-fee and jurisdiction and the plaintiff has no right to challenge the .....

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Jan 14 1956 (HC)

Sudarshan Vs. Chuha Singh

Court : Himachal Pradesh

Reported in : AIR1956HP28

..... . 80,0007-. this sum of rs. 10,000/- was expressly agreed to be paid as a security deposit. under those circumstances, his lordship felt that the provisions of section 74, contract act did not apply and the sum of rs. 10,000/- was liable to forfeiture. in the present case, as already shown, the sum of rs. 11,000/- was paid as ..... broken by the plaintiff, it was not open to the court below to grant any relief to him. relief was granted to the plaintiff under the provisions of section 74, contract act. the learned district judge was of the opinion that the sum of rs. 11,000/-, paid to sudarshan on 21-5-1949, was not by way of earnest-money, i ..... sale-deed was to be registered soon after the sub-registrar started functioning. although, no particular date had been specified in the agreement, yet section 46, contract act provides that in such a case, the contract must be performed within a reasonable time.the explanation to section 46- further lays down that the question 'what is a reasonable time' is, in each particular ..... allow only a reasonable sum, by way of compensation. the stipulation is, prima facie, unconscionable and extravagant. since, however, the contract had been broken by the plaintiff, the defendant was entitled to reasonable compensation under the provisions of section 74, contract act.in the circumstances, of this case, the court below thought it proper to assess the compensation due to the defendant at .....

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Mar 08 1996 (HC)

Pnb Dharamshala Vs. Sh. Prem Sagar Chaudhary and ors.

Court : Himachal Pradesh

Reported in : AIR1996HP86

..... absence of there being express instructions, the decree holder bank was well within its rights to have appropriated the amount in accordance with the provisions of section 60 of the contract act. shri s.s. kanwar, again at this stage has pressed into service the judgment of this court air 1988 hp 33. at this stage it is necessary to refer to ..... (1995) 4 scc 26 : (air. 1995 sc 1572) mathunni mathai v. hindustan organic chemicals ltd. wherein the provisions of order 21, rule 1 (as amended by act 104 of 1976) have been considered and in the face of this judgment, with respect it is submitted that air 1988 hp 3 docs not hold the ground. shri kanwar ..... appearing for the decree holder bank while controverting the submissions made on behalf of the objector, has submitted that his case is fully covered by article 136 of the limitation act in view of ex. r-2 and ex. r-3, which are there on the file. besides this, he submits that omp no. 22/1989 in execution petition no. 19 .....

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Dec 03 2001 (HC)

Ranjana Nagpal Alias Ranjana Malik Vs. Devi Ram and ors.

Court : Himachal Pradesh

Reported in : AIR2002HP166

..... be assumed that the parties agreed to the jurisdiction of delhi courts, such agreement being against the law would be bad under sections 23 and 28 of the contract act.33. the learned district judge, therefore, has rightly held that the civil courts at shimla has the jurisdiction.question no. 2 :34. it is by ..... the dispute between them shall be tried in one of such courts is not contrary to public policy. such an agreement does not contravene section 28 of the contract act.22. clause (5) of the agreement ex. pw3/a in the present case reads :--that neither of the parties shall resile from this agreement of ..... court which does not have the jurisdiction. such an agreement would be against the statute and, thus, would be hit by sections 23 and 28 of the contract act.21. the hon'ble supreme court in hakam singh v. gammon (india) ltd., air 1971 sc 740 has held that it is not open to the ..... and void being against the public policy under section 23 of the contract act. we do not find any such invalidity of clause (21) of the contract pleaded in this case. on the other hand, this court laid that where there may be two or more competent ..... is valid and binding under the law, and (b) when the parties to a contract agree as to the jurisdiction to which dispute in respect of the contract shall be subject. this is clear from section 28 of the contract act. but an agreement to and oust absolutely the jurisdiction of the court will be unlawful .....

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Apr 09 2002 (HC)

Ajeet International Vs. H.P. Horticulture Produce Marketing and Proces ...

Court : Himachal Pradesh

Reported in : 2003(1)ARBLR72(HP)

..... not invoke the forfeiture clause during the subsistence of the agreement. on the contrary, admittedly, allowed the plaintiff ' to continue the supply of the cartons beyond the specified time. this act and conduct on the part of the defendant bars it from invoking the clause regarding forfeiture of the earnest money.26. it is admitted case of the parties that the ..... /89-4207 whereas the report ext. dw-3/4 is regarding sample which was sent under reference no. 12/ 89-4206. thus, these reports are rendered unreliable and cannot be acted upon.22. even if it is presumed that reports exts. dw-3/1 to dw-3/5 are regarding samples of the cartons in question, these are still unreliable for ..... industries, himachal pradesh, shimla and arun jain being its managing director is authorised to sue on its behalf. the defendant is a public limited company and incorporated under the companies act having its registered office in nigam vihar, shimla. vide tender notice dated 28.1.1989, defendants asked the plaintiff to quote rates for supply of cfb cartons and the plaintiff ..... the date of suit till realisation of the amount.2. case of the plaintiff as made out in the plaint is that it is a company incorporated under the companies act having its registered office in lower jakhu road, shimla. it is engaged in the manufacture and sale of corrugated fibre board and boxes for packing horticultural produce and industrial goods .....

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Oct 29 1951 (HC)

Rajendar Lal Vs. Ram Krishna Gupta

Court : Himachal Pradesh

Reported in : AIR1952HP11

..... solicitors and attorneys, but the same principle has been applied in india in the cases of advocates and pleaders because they not only plead, but, like solicitors in england, also act for their clients. see the observations of leach c. j. in 'in re sri k. rajagopala ayyangar', air (29) 1942 mad 553 at p. 554, and in 'in the matter .....

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Apr 08 1971 (HC)

Smt. Sodha Vs. Mansha Ram

Court : Himachal Pradesh

Reported in : AIR1971HP27

..... could not be said to be a valid divorce. according to section 11 of the indian contract act every person is competent to contract, who is of the age of majority, but here in the instance case they were not competent to contract. 7. it has also been admitted by hukmi ram that in case the parties to ..... subsisting. in the presence of her first husband she could not contract any valid second marriage. section 5 of the hindu marriage act provides that a marriage may be solemnized between any two hindus, if neither party has a spouse living at the time of ..... plea in her reply to the notice is not fatal to her case when the petitioner himself had chosen to lead evidence to prove that before he contracted marriage hukmi ram had divorced her and the parties were minors. 9. as the divorce is void, therefore, the marriage shall be deemed to be ..... by smt. sodha with mansha ram is void under the provision of section 11 of the hindu marriage act. 10. in the light of the above observations the divorce being illegal and void the first marriage subsisted between ..... act shall be null and void and may, on a petition presented by either party thereto, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. hence this marriage even if admitted and proved to have been contracted .....

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