Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Page 5 of about 840 results (0.021 seconds)

Mar 30 2005 (HC)

H.P. State Forest Corporation Vs. S. Butail and Company

Court : Himachal Pradesh

Reported in : IV(2005)BC255,[2005]128CompCas179(HP)

..... the conduct of the chartered accountant and any agreement in violation to clause 10 of first schedule cannot be said to be per se illegal under section 23 of the contract act.31. to conclude, the prohibition for charging fees on percentage basis of profits or contingent upon the result of the cases will not render the instant agreement, either void or ..... our opinion, cannot be construed to mean that charging of fees by chartered accountant on percentage basis is forbidden by law for the purpose of section 23 of the contract act. such infraction on the part of a chartered accountant would make him liable for disciplinary proceeding by the council for professional misconduct and no more.22. kanwar kuldip singh, learned ..... are prohibited from charging the fees on percentage basis and consequently any agreement to pay such fees being violative of the provisions of the 'act', is not enforceable in view of the provisions of section 23 of the contract act.16. we are in agreement with the conclusion of the learned single judge that the present case does not fall within the ambit ..... by kanwar kuldip singh is that charging of professional fees by the plaintiff company on percentage basis being prohibited under the act would render the contract between the plaintiff company and the defendant corporation invalid, in view of section 23 of the contract act, and therefore, the plaintiff company is not entitled to claim the fees on percentage basis even if there was a .....

Tag this Judgment!

Nov 22 2001 (HC)

S. Butail and Company Vs. H.P. State Forest Corpn.

Court : Himachal Pradesh

Reported in : AIR2002HP1

..... accepted by the defendant, therefore, there is no concluded contract and the defendant is not liable to pay the suit amount to the plaintiff.24. there is no merit in the contention of the learned counsel ..... clauses of scheduled banks in accordance with the directions given or issued to the banking companies generally by the reserve bank of india under banking regulation act, 1949.28. no evidence has come on the record to show as to what was the current rate of interest at the relevant time. in ..... concerned authorities. therefore, the present case would not fall within the ambit of section 22 read with clause 10 of the first schedule of the act.23. it was next contended on behalf of the defendant that the offer of the plaintiff to charge professional fee on percentage basis was never ..... . whether the suit of the plaintiff is barred by limitation as alleged? .....opd 8. whether the plaintiff is estopped from filing the suit by his own acts, deeds, conduct and acquiescence as alleged? ... opd 9. relief. 11. i have heard the learned counsel for the parties and have also gone through the ..... which fee stands paid. it was further pleaded that charging of fee by the plaintiff on percentage basis was prohibited under the provisions of chartered accountants act, 1949 and the regulations framed thereunder. the defendant denied its liability and stated that nothing was due to be paid. the fee ofrs. 2,00 .....

Tag this Judgment!

Sep 07 1999 (HC)

Harnam Singh and ors. Vs. Smt. Purbi Devi and ors.

Court : Himachal Pradesh

Reported in : AIR2000HP108

..... ' so as to enable a party to a contract to enforce the same in india in certain cases in which the english law would regard that party as the recipient of ..... has any lawful authority whatsoever to enter into the agreement on behalf of the said minor and the other plaintiffs.17. the doctrine of privity of contract implies a mutuality at will and is interaction of parties and their successors. it creates a legal bond or tie or vinculum juris personal to the ..... singh who is a party to the agreement ext. pw-1/ a, is the elder brother of the other plaintiffs, therefore, his having entered into contract with defendant purbi devi makes it binding on the plaintiffs. in any case its terms were binding on harnam singh. in the event of any breach, ..... appeal and the cross objections are that the appellants/plaintiffs (hereafter referred to as the 'plaintiffs') instituted a suit for possession by way of specific performance of contract dated september 14, 1984 by executing a sale deed qua 8/45 share in land comprising khata no. 6, khatoni nos. 12. 13, khasra nos ..... under the terms of the contract or where the contract is a part of the family arrangement may enforce the covenant. in krishna lal sadhu v. pramila bala dasi, ilr 55 cal 1315 : air 1928 cal 518 rankirt, c.j. observed : 'clause (d) of section 2 of the contract act widens the definition of 'consideration .....

Tag this Judgment!

May 26 2006 (HC)

Rakesh Kumar Dinesh Kumar and ors. Vs. U.G. Hotels and Resorts Ltd. an ...

Court : Himachal Pradesh

Reported in : AIR2006HP135,2006(2)ShimLC384

..... he further submits that even in the plaint there is no averment that this offer was accepted by the plaintiffs.10. section 25 of the contract act in so far as it is relevant for the present case reads thus:25. agreement without consideration void, unless it is in writing and registered, ..... modified during negotiation should have been accepted by the second party. to constitute a valid contract the agreement must have been mutually accepted by both the parties. the parties should be ad idem. the contention of mr. kanwar is that since ..... acceptance of proposals.13. from the perusal of the aforesaid judgments of the apex court it is clear that to constitute a valid agreement or contract it is not necessary that the same should always be in writing. it is, however, a bilateral transaction and the proposal whether unmodified or ..... of the suit, the suit is not within limitation. he also contends that the writing ex. pw-l/a cannot be termed as a fresh contract for payment of time barred debt since there is no acceptance of the same by the plaintiffs. on the other hand mr. bhupender gupta, learned ..... tarsem singh v. sukhminder singh : [1998]1scr456 . the apex court in this judgment held as follows:12. 'contract' is a bilateral transaction between two or more than two parties. every contract has to pass through several stages beginning with the stage of negotiation during which the parties discuss and negotiate proposals .....

Tag this Judgment!

Jul 19 1988 (HC)

Smt. Niko Devi Vs. Kirpa

Court : Himachal Pradesh

Reported in : AIR1989HP51

..... much in loco-parentis to the plaintiff.9. at this stage the provisions of section 16 of the contract act, may be noted which defines undue influence as follows : --'16. 'undue influence' defined. -- (1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such ..... third point emerges, which is that of the onus probandi. if the transaction appears to be unconscionable, then the burden of proving that the contract was not induced by undue influence is to lie upon the person who was in a position to dominate the will of the other'. in air ..... he holds a real or apparent authority over the other, or where he stands in 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 ..... the courts in england for granting protection against transactions procured by the exercise of insidious form of influence, spiritual and temporal. the doctrine applies to acts of bounty as well as to other transactions in which one party by exercising his position of dominance obtains an unfair advantage over another. the ..... sufficient material has been brought on record to show that the defedant did not exercise any undue influence on the plaintiff and it was a voluntary act on her part and it, therefore, allowed the appeal and dismissed the suit of the plaintiff as stated earlier. thus the only question that .....

Tag this Judgment!

Mar 16 1957 (HC)

Ram Chandar Vs. Jagan Nath and anr.

Court : Himachal Pradesh

Reported in : AIR1957HP70

order16. i allow this second appeal(r.s.a. 13/54), set aside the decision of thelearned district judge, sirmur, dated 31-12-53,in civil appeal no. 8 s./13 of 1953 and dismissthe suit. parties will bear their respective costshere and in the courts below. the cross-objections, filed by jagan nath, in this court failaccordingly and are dismissed.

Tag this Judgment!

Dec 12 2001 (HC)

Dalip Singh Vs. Ram Nath and anr.

Court : Himachal Pradesh

Reported in : AIR2002HP106

..... no merit in the contention of the learned counsel for the defendant. explanation (i) to section 16(c) of the specific relief act, 1963 provides :--'where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any ..... court and the first appellate court while decreeing the suit concurrently held that the plaintiff was always ready and willing to perform her part of the contract. in second appeal, the high court of madras, formulated the following question of law considering it as substantial question of law :--'whether in the ..... they were ready and willing to perform their part of the agreement and that the plaintiff failed to pay rs. 20,000/- further advance as contracted by december 1979 to discharge the mortgage debt due to the madras corporation. the amount of advance with the consent of plaintiff was adjusted towards the ..... because there was a valid agreement of sale. section 16(c) of the act envisages that plaintiff must plead prove that he had performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than those terms the performance ..... civil suit on 27-2-1992.15. article 54, limitation act, 1963, prescribes a period of limitation of three years for a suit for specific performance of the contract. such period is to be reckoned from the date fixed for performance of the contract, and in case no date for such performance is fixed .....

Tag this Judgment!

May 10 1977 (HC)

Pardhana Vs. AmIn Chand and ors.

Court : Himachal Pradesh

Reported in : AIR1977HP94

..... he found in fact that the transaction was void inasmuch as there was never any consent to the gift within the meaning of section 19, of the indian contract act. reliance was also placed on the following observation in mt. azizunnissa v. siraj husain, air 1934 all 507 (at p. 51-1):'the right of revocation ..... right does not survive to the present plaintiffs.'6. marten, c. j. of the bombay high court, referred to the provisions in the indian contract act which contemplated that in certain cases the benefit and burden of promises should devolve on legal representatives. referring to section 19 and section 19-a of the ..... contract act, he said in shravan goba v. kashiram devji, air 1927 bom 384 (at pp. 387, 388)'in this connexion it may be pointed out ..... relies on the following passage in baijnath singh v. brijraj kuar, air 1922 pat 514 (at p. 525):'i agree that if this were a voidable contract and not void ab initio it would have to be set aside before a suit for possession could be maintained and further that bhagela kuer could not transfer ..... the first judge to adopt what seems to me a forced, unnatural and unjust construction of this act.'under the english law it is deemed clearly settled that in equity not only may a party to a contract himself bring a suit to set it aside but also that his legal representatives may do so after .....

Tag this Judgment!

Nov 29 1984 (HC)

Ram Dass and ors. Vs. Kishan Dev and anr.

Court : Himachal Pradesh

Reported in : AIR1986HP9

..... that the same was properly registered.5. in order to repel the argument of the learned counsel for the defendant, it is desirable to refer to section 25 of the contract act. the relevant portion of the same is extracted for a ready reference :'25. an agreement made without consideration is void, unless - (1) it is expressed in writing and registered under .....

Tag this Judgment!

Dec 13 2001 (HC)

Roshan Lal and ors. Vs. Kartar Chand and ors.

Court : Himachal Pradesh

Reported in : AIR2002HP131

..... client, trustee and cestul que trust, spiritual adviser and devotee, medical attendant and patient, parent and child are those in which such a presumption arises. section 16(2) of the contract act shows that such situation can arise wherever the donee stands in a fiduciary relationship to the donor or holds a real or apparent authority over him.'16. applying these principles ..... , then the burden of proving that the contract was not induced by undue influence is to he upon the person who was in a position to dominate the will of the other.'15. quoting the above observations of ..... such that one is in a position to dominate the will of the other. once that position is substantiated the second stage has been reached --namely, the issue whether the contract has been induced by undue influence. upon the determination of this issue a third point emerges, which is that of the onus probandi. if the transaction appears to be unconscionable .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //