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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: jharkhand Page 1 of about 1,568 results (0.022 seconds)

Jul 23 2008 (HC)

New Engineering Works and Asl Motors Pvt. Ltd. Vs. the State of Jharkh ...

Court : Jharkhand

Reported in : 2008(56)BLJR2898; [2008(4)JCR5(Jhr)]

..... unconstitutional and violative of articles 14, 19(1)(g), 21, 298 and 300a of the constitutional of india and section 23 of the indian contract act, 1872 as the same are unjust, unfair, unreasonable and against the public interest and further for quashing the final demand bill dated 05.02.2008 and ..... the h.t. agreement entered into by and between the petitioners and the respondent-board are unconstitutional and unsustainable under section 23 of the indian contract act on the ground that the said clauses are unjust, unfair, unreasonable and against the public policy7. admittedly, with full knowledge and consciousness, the ..... of minimum guarantee charges for the rest of the period of agreement as being violative of the provisions of the constitution of india and the contract act.3. the respondent-board, in the counter-affidavit, has denied and disputed the allegation that there had been frequent power tripping. the ..... electricity for more than 20 hours every day and it cannot be held that the board has failed to supply electricity as per the contract demand. on the contrary, petitioners entered into an agreement with another licensee for the supply of electricity for the reasons best known to ..... 220 of 1987 we have held that the firm would be liable to pay the minimum guaranteed charges unless it could be shown that the contract itself was terminated. the mere disconnection of the electricity supply would not amount to termination. if there was no application for restoration within .....

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Apr 30 2004 (HC)

Jibrail Mian and anr. Vs. Lalu Turi and ors.

Court : Jharkhand

Reported in : AIR2004Jhar139; [2004(3)JCR139(Jhr)]

..... or mistake. fraud means and includes any other acts committed by a party to a contract with intent to deceive another party to the contract. section 17 of the indian contract act, 1872 defines 'fraud' and it includes such act which intends to deceive another party and also any other act fitted to deceive. in other to constitute fraud, such acts should have been done by the party to ..... a lawful consideration and with a lawful object, and are not expressly declared to be void under the indian contract act, 1872. a consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation and mistake and consent is said to be so caused when it ..... the contract or by any other person with his connivance ..... and with intent to deceive the other party to enter into the contract. the party so .....

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Sep 12 2008 (HC)

Pradip Rubber Industries Vs. Bihar State Financial Corporation and ors ...

Court : Jharkhand

Reported in : 2009(57)BLJR440

..... under ots scheme or rescheduling the loan amount is really a modification of the contract, which can only be done by mutual consent of the parties vide section 62 of the contract act, 1872. this court cannot alter the terms of contract.24. accordingly, this writ petition under article 226 of the constitution of india ..... 226 of the constitution of india in absence of any violation of law is not maintainable, since a loan is granted in terms of a contract and grant of one time settlement can only be done by mutual consent of the parties.21. thus, unless there is an accrued, vested, ..... casts a duty on respondents 2 to 4 which they failed to perform. all that is sought to be enforced is an obligation flowing from a contract which, as already indicated, is also not binding and enforceable. accordingly, we are clearly of the opinion that respondent no. 1 was not entitled ..... to two circumstances i.e. (a) where there is statutory violation on the part of the state financial corporation, or (b) where state financial corporation acts unfairly i.e. unreasonably. while exercising its jurisdiction under article 226 of the constitution of india, 1950 (in short 'the constitution'), the high court ..... supreme court in mahesh chandra v. regional manager, upfc as reported in : [1992]1scr616 and held as under:while the corporation is expected to act fairly in the matter of disbursement of the loans, there is corresponding duty cast upon the borrowers to repay the instalments in time, unless prevented by .....

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May 08 2017 (HC)

State of Jharkhand and Ors Vs. Arun Kumar Dhar

Court : Jharkhand

..... there is a prohibition in appointment of a person in government service prior to the age of 18 years, on the basis of section 11 of the indian contract act, 1872, section 3 of the majority act, 1875, and rule 57 of the bihar pension rules. with all due respects to the decision of the full bench of patna high court, we are of ..... of 18 years, the appointment of a person prior to attaining the age of 18 years, cannot be said to be against section 11 of the indian contract act, 1872 read with section 3 of the majority act, 1875. (iii) jharkhand service code, being a complete code in itself, and rule 73 thereof being specific and unambiguous in its terms, there is no scope ..... attaining the age of 18 years and for that, the full bench has taken note of section 11 of the indian contract act, 1872, as also section 3 of the majority act, 1875. on the other hand, we find l.p.a. no. 262 of 2011 14 that article 24 of the constitution of india only prohibits a child below the age ..... ragjawa narayan mishra's case (supra). learned addl. advocate general has submitted that the service is a contract and a service contract can be entered into by a person only, who is a major. it is submitted that according to section 11 of the indian contract act, 1872, only the person, who attained the age of majority according to the law to which, he is .....

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Apr 03 2017 (HC)

Vishnu Kumar Bansal and Ors Vs. State of Jharkhand and Ors

Court : Jharkhand

..... claim higher salary or other attendant benefits would be contrary to law and also against public policy. it would, therefore, be unenforceable in view of section 23 of the contract act, 1872. 6. in the counter affidavit, it is pleaded that against some of the petitioners there were complaints. it is pertinent to note that neither a copy of any complaint ..... counter affidavit, the respondents have not challenged the correctness of the facts pleaded by the petitioners in the writ petition. it is admitted that there are permanent staff, sanctioned contract posts and sanctioned regular posts at jharkhand bhawan, and the petitioners are working on these posts. at the cost of repetition, it is recorded that the petitioners are ..... emerged in the said meeting to regularise the contractual employees of the jharkhand bhawan and, accordingly, the chief secretary directed the resident commissioner to send details of the contract/daily wages employees to the cabinet secretariat and co ordination department for regularisation of their services. a similar letter referring to the previous letters was sent by the resident ..... in the extra ordinary gazette. except two posts namely, typist cum computer data entry operator and driver for the staff car of additional resident commissioner, which were permanent on contract basis, eight permanent posts were created for the office of the resident commissioner. for the office of the chief executive officer, one permanent post each of accountant, assistant, .....

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Sep 01 2008 (HC)

Vivek Kumar Lala Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : [2008(4)JCR235(Jhr)]

..... lala as contained in the written report at the relevant time of agreement and therefore, his criminal prosecution oh the basis of void contract under section 11 of the contract act, 1872 is unsustainable under law. i find that the learned cjm, dhanbad has taken cognizance of the offence erroneously as against the petitioner also ..... including the petitioner who was admittedly minor at the relevant time.6. section 11 of the indian contract act, 1872 deals with competence of a person to enter into a contract which speaks:every person is competent to contract who is of the age of majority according to the law to which he is subject ( ..... huge unbearable and irreparable loss. the balance amount of sanctioned loan could not be given inspite of persistent persuasion by the partners. the breach of contract cannot be rendered as a criminal breach of trust. the written report disclosed the entrustment of plant and machinery but it did not mention that ..... is subject.the law is specific in this regard that a contract by a minor is void and the famous case law mohiri ..... indian majority act, 1975) and who is of sound mind and is not disqualified from contracting by any law to which he .....

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Jan 12 2016 (HC)

Chandra Shekhar Nath Ganjhu Vs. Indian Oil Corporation Limited

Court : Jharkhand

..... element of free consent gets out as per section 10 read with -5- section 13 of the indian contract act, 1872 and, hence, no error has been committed by the learned single judge while dismissing the writ petition preferred by this appellant.5. as a ..... and circumstances of the case, we see no reason to entertain this letters patent appeal mainly for the following facts and reasons :- i. the appellant is searching contract for dealership from the indian oil corporation, for which an advertisement was given on 26.02.2004, interview was conducted on 15.06.2004 and the result was ..... 41902 of 2005 has been preferred, which has been rightly dismissed by the learned single judge, for want of any legitimate right vested in this appellant to get contract of dealership and, hence, this letters patent appeal may not be entertained by this court.4. having heard learned counsels for the parties and looking to the ..... contract, hence, there is no legal right vested in this appellant to get contract especially when the land upon which a petrol pump was to be installed, for which other brother and sister of this appellant were also ..... submitted that there is no legitimate right -3- vested in this appellant to get the dealership of the indian oil corporation. dealership is a contract between the dealer and the indian oil corporation for sale of the petroleum product. there cannot be a compulsory .....

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Nov 18 2016 (HC)

Dr. Sushila Saha Vs. State of Jharkhand and Ors.

Court : Jharkhand

..... not claim higher salary or other attendant benefits would be contrary to law and also against public policy. it would, therefore, be unenforceable in view of section 23 of the contract act, 1872. 9. as a consequence of the aforesaid discussions, it is found that the petitioner is entitled for full salary and other consequential benefits for the period between 04.09.1995 .....

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Oct 28 2016 (HC)

Bhishm Prasad Vs. State of Jharkhand and Ors.

Court : Jharkhand

..... not claim higher salary or other attendant benefits would be contrary to law and also against public policy. it would, therefore, be unenforceable in view of section 23 of the contract act, 1872. 8. in view of the discussions hereinabove, i am of the opinion that impugned order dated 07.10.2014 is unsustainable and accordingly, it is quashed. order dated 03.06 ..... promotion granted to the petitioner to the post of routine clerk are wholly unjustified and, in fact, stand taken in various paragraphs of counter affidavit is inappropriate. the respondents have acted arbitrarily in withdrawing the promotion granted to the petitioner to the post of routine clerk.7. in some what a similar circumstance, while dealing with a contention that an appointee ..... instead raised a claim for promotion with effect from 01.06.2006. a perusal of the impugned order dated 07.10.2014 indicates that the respondent authority construed the aforesaid act of the petitioner as an act of indiscipline. in my opinion, raising a claim for promotion or other service benefits, would not amount to inappropriate conduct much less an ..... act of indiscipline. the alleged undertaking given by the petitioner in his application dated 24.09.2013 would not stop the petitioner from claiming right to 5 promotion which, he thinks, .....

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Dec 17 2015 (HC)

Ranjit Kumar Sinha Vs. The State of Jharkhand and Ors

Court : Jharkhand

..... authority had no jurisdiction to pass an order and he was absolutely incompetent. for example, an agreement with a minor is void ab initio under the contract act, 1872. the managing director is competent to make allotment, is not in dispute. the alleged non observance of the rules under 2004 regulations has not been ..... the allotment in favour of the petitioner has not been approved by the board under section 28 of the jharkhand state housing board act, 2000 merits no acceptance. the decision taken in 20th meeting of the board held on 08.11.2007 discloses that a decision was taken to ..... any influence or extraneous consideration for allotment in favour of the petitioner. for the first time in the counter affidavit the respondents alleged that the petitioner acted in connivance with the officials of the housing board. the petitioner is eligible in terms of rule 8, is not in dispute. the plea that ..... the allotment in favour of the petitioner, in the facts of the present case, is liable to be rejected. section 8 of the housing board act provides that if the post of chairman is vacant, the managing director shall perform all the duties of the chairman till such time the regular ..... otherwise illegal and without jurisdiction and that the board was not constituted in terms of section 4 r/w section 11 of the jharkhand state housing board act, 2000, (iii) in the garb of cancellation of allotment the conditions under the hire purchase agreement cannot be avoided and, (iv) the impugned .....

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