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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: karnataka Page 1 of about 15,971 results (0.044 seconds)

Apr 13 2007 (HC)

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

..... terms such as valid, invalid, void and voidable.20. section 2 of the indian contract act, 1872, states that in what sense the aforesaid expressions are used in the act. section 2(h) states that an agreement enforceable by law is a contract. section 2(i) states that an agreement which is enforceable by law at the ..... give back the property, it has to be by another deed of conveyance. if the deed is vitiated by fraud or other grounds mentioned in the contract act, there is no possibility of parties agreeing by mutual consent to cancel the deed. it is only the court which can cancel the deed duly executed, ..... property, it has to be done by canceling the sale deed on any of the grounds which are available to him under the provisions of the indian contract act. unilaterally he cannot execute what is styled as a deed of cancellation, because on the date of execution and registration of the deed of cancellation, ..... sale deed executed by the society is held to be contrary to bye-law 36 it does not fall within the mischief of section 23 of the contract act as contended and is not void.12. in order to appreciate the rival contentions, the three resolutions of the society passed on 09.12.1973, 25 ..... are under a mistake as to a matter of fact the said agreement is void.21. section 23 of the act declares what considerations and objects are lawful, and what not and about the contract being void, reads as under:23. what considerations and objects are lawful, and what not.- the consideration or object .....

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Dec 20 2007 (HC)

Sri Chandrashekar and ors. Vs. the Tuheed Co-operative Housing Society ...

Court : Karnataka

Reported in : ILR2008KAR4003; 2008(6)AIRKarR319; AIR2009NOC264

..... , a co-operative society is not eligible to possess agricultural land. therefore the very transaction in question is forbidden under section 23 of the indian contract act, 1872.20. we allow this appeal, set aside the judgment and decree passed by the trial court and by directing the appellants to pay a sum of rs. 12,63,747/- ( ..... permission in respect of vacant land in excess of the limit under the urban land ceiling act, 1976, does not arise at all.h) the transaction in question is hit by section 23 of the indian contract act, 1872. under section 79-b of the karnataka land reforms act, 1961 a co-operative society is not eligible to possess the agricultural land. as the agreement ..... in question is of the year 1986, the first respondent society cannot fall back on the amendment made to section 109 of the karnataka land reforms act, 1961 providing for exemption ..... to whether the agreement at ex.d8 is authentic or not. as the best piece of evidence was withheld from the court, adverse inference under section 114 of the evidence act, 1872 should have been drawn. to drive home this point, sri shetty, the learned counsel for the appellants brought to our notice the two judgments of the apex court reported in .....

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Feb 25 2002 (HC)

State of Karnataka and ors. Vs. M. Muniraju

Court : Karnataka

Reported in : AIR2002Kant287; ILR2002KAR2923; 2003(1)KarLJ291

..... is permissible in law. in support of the said contention, he has placed strong reliance upon the provisions of sections 182, 186 and 187 of the indian contract act, 1872 and also upon the judgments in t.r. bhavani shankar joshi and anr. v. gordhandas jamnadas and anr. and hukumchand insurance company limited v. bank ..... section 80(1) and (3) read with order 27, rules 2 and 8-b of the cpc, provisions of the indian evidence act, the indian contract act and the ktcp act of 1961 and the law laid down by the apex court and this court referred to supra, which has affected the rights of the ..... could not be deemed to have taken, the money for himself as agent for the principal. if the act had been authorised, the contract between the principal and the agent would have been the ordinary contract of loan. that indeed seems to have been what mcelroy suggested to chambers, if he suggested anything honest ..... by a statute, even if its order is, expressly or by necessary implication, made final, if the said tribunal abuses its power or does not act under the act but in violation of its provisions'. munshi ram's case, supra: '24. it is well-recognized that where a revenue statute provides for a ..... at all. there can be no room here for the application of the doctrine of ratification, the point was clearly put in the judgment of the chief justice: mcelroy was not professing to act .....

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Sep 04 2003 (HC)

Smt. Khamarunnisa Vs. Mudalappa

Court : Karnataka

Reported in : ILR2003KAR4535

..... compensation accordingly.(4) in determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872 (9 of 1872).(5) no compensation shall be awarded under this section unless the plaintiff has claimed any such compensation in the plaint, the court shall at any stage of the proceeding ..... specific performance does not preclude the court from exercising the jurisdiction conferred by this section.'section 21 operates on the basis of the principle specified in section 73 of the contract act. under section 73 of the contract act when a contract has been broken, the party who suffers by such breach is entitled to receive from the party who has broken the ..... contract compensation for any loss or damage caused to him. the compensation under section 21 is also to be assessed in the same manner as in breach of contract under section 73, that is to ..... in this appeal is whether the plaintiff is entitled for the return of the earnest money.12. section 21 of the specific relief act stipulates how the court should exercise its power to award compensation or damages for any breach of contract. the section provides:'section 21. power to award compensation in certain cases - (1) in a suit for specific performance of .....

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Jan 03 2006 (HC)

Radhakrishna Joshi Vs. Syndicate Bank

Court : Karnataka

Reported in : IV(2006)BC180; [2006]131CompCas54(Kar); ILR2006KAR2365; 2006(1)KarLJ534

..... the bank and having owned the liability, has acknowledged to repay the loan with interest in installments and that the lower appellate court having rightly relied upon the commentary on contract act, 1872 referring to section 2(d) and section 25, has clearly held that the plaintiff-bank has proved its case for having advanced the loan amount and the finding of the ..... passed against such estate, there is consideration for the acknowledgment and for assumption of personal liability by the son', and also relying on the commentary on section 25 of the contract act, has come to the conclusion that the father was liable to pay the loan having acknowledged the loan of his son and for making some payments in that regard. at ..... be made before the expiration of the prescribed period for a suit or other proceeding.12. in the case of appukuttan panicker, referring to section 62 of the contract act as regards novation of contract, the division bench of the kerala high court has held thus:on the basis of the provisions in the document it has been contended by the appellants that ..... khan (dead) by l.rs and ors. v. andhra bank limited and ors. : air1983kant73 (db), wherein this court referring to section 126 of the contract act has held as under:section 126 of the contract act which defines a 'contract of guarantee' makes it clear that it involves three parties viz., the creditor, the surety and the principal debtor who should all be privy. their .....

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Dec 18 2003 (HC)

The Shimoga District Central Co-operative Bank Limited and anr. Vs. Ka ...

Court : Karnataka

Reported in : 2004(1)CTLJ494(Kar); 2004(2)KarLJ302

..... of goods pledged with it on the pawnor making a default in payment of debt'.7. the provisions of sections 178 and 178-a of the indian contract act, 1872 are extracted hereunder for convenient reference:178. fledge by mercantile agent.--where a mercantile agent is, with the consent of the owner, in possession of goods ..... stored by the 1st defendant. therefore, we are unable to say from the facts that the appellant-bank can invoke the aid of section 178 of the contract act. so it is evident that in a case where the 1st defendant had neither custody nor possession nor title to the property, he can confer no ..... right of lien over the pledged goods and preferential claim is recognised in law in sections 178 and 178-a of the indian contract act, on a qualified condition when the pawnee has acted in good faith and has no notice of defect in title or the absence of authority of the pawnee. this is essentially a ..... 7 the following observations are made:'6. according to the statement in halsbury's laws of england 'pawn' has been described as a security where by contract a deposit of goods is made a security for a debt and the right to the property vests in the pledgee so far as is necessary to ..... pawnor has obtained possession of the goods pledged by him under a contract voidable under section 19 or section 19-a, but the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the goods:provided he acts in good faith and without notice of the pawnor's defect .....

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Nov 06 1992 (HC)

Corporation Bank Vs. Mohandas Baliga

Court : Karnataka

Reported in : ILR1993KAR201; 1993(1)KarLJ308

..... guarantee. section 124 defines the expression 'contract of indemnity'; section 125 defines 'right of indemnity holder when sued'; section 126 defines the expressions 'contract of guarantee','principal debtor' and 'debtor'; section 127 provides regarding the consideration for ..... viii of the indian contract act? if so, whether such a contract is not hit by section 23 of the indian contract actthese questions under point no. 1 were considered in paras 9, 10, 10.1, 11 and 11.1 of the judgment, therefore, it is necessary to reproduce the same:'9. chapter viii of the indian contract act, 1872, (hereinafter referred to ..... as the 'act') deals with indemnity and ..... this contention, it is contended that the said decision requires to be reconsidered, as it has not taken into consideration the other conditions and also the relevant provisions in the contract act.19. before considering these contentions, we may refer to raju setty's case : air1992kant108 .in raju setty's case, : air1992kant108 the following questions were considered:1) whether, .....

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Dec 05 1991 (HC)

Jayakunvar Manilal Shah Vs. Syndicate Bank

Court : Karnataka

Reported in : ILR1992KAR1053; 1992(2)KarLJ583

..... bank of india v. premco saw mill; (iii) : air1929all72 , chakanlal and ors. v. kanhaiyalal ors. ; (iv) , gulam hussain v. faiyaz ali khan;24. section 127 of the indian contract act, 1872 ('the act' for short) reads thus:-'127. consideration for guarantee. - anything done, or any promise made, for the benefit of the principal debtor, may be sufficient consideration to the surety for giving ..... guarantee or even a past benefit can constitute a valid consideration for the sustenance of such an engagement.................'.'14. a reference to illustration (c) of section 127 of the indian contract act may be made. it reads:'a, sells and delivers goods to b. c afterwards without consideration, agrees to pay for them in default of b. the agreement is ..... must fulfil before the guarantee will attach, it may be entire of fragmentary and therefore divisible. the consideration for a promise of guarantee need not appear in writing.under the contract act, past consideration is also good consideration,26. in kali charan's case, it was contended that the surety bond was without consideration, because, the surety was not executed at ..... supported by consideration. even otherwise, it is contended by sri aswatharam, learned counsel appearing for the plaintiff-bank that as per the provisions contained in section 127 of the contract act, even the past consideration is a good consideration, it is also contended that the loans were granted on condition that the directors should stand as sureties and and it .....

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Jan 09 1992 (HC)

Wing Commander A.S. Krishna Murthy Vs. Madhukar A. Shah

Court : Karnataka

Reported in : ILR1992KAR1987; 1992(3)KarLJ1

..... the schedule house on rent by residing in it along with the 1st defendant. an implied agency arises from the act or situation of the parties or from necessity. section 187 of the indian contract act, 1872 also provides that an authority is said to be express when it is given by words spoken or written. an ..... ultimate conclusion reached by the trial court that the 2nd defendant is liable for the suit claim along with the 1st defendant as he had approved the act of the 1st defendant in taking the house on rent is justified. therefore, the ultimate conclusion reached by the trial court that the plaintiff is entitled ..... , the presumption of implied agency arising out of the special relationship of husband and wife can be rebutted by showing that the wife was prohibited to act on behalf of the husband or to attend to the necessities of life or by proving that sufficient allowance had been made to meet the expenditure for ..... then wife of the 2nd defendant - on the principle of agency, the 2nd defendant as the husband of the 1st defendant would be liable for having approved the act of his wife as his agent.6. sri. krishnamurthy - the 2nd defendant - who has filed this appeal appeared in person and argued. he put forth the ..... made in favour of the 1st defendant and he not only resided in the house along with the 1st defendant but also by his conduct approved the act of the 1st defendant and made himself liable for payment of the rent of the premises,5. the trial court has held that even though the .....

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Sep 18 2000 (HC)

Hindustan Aeronautics Limited, Rep. by Its Managing Director Vs. Compa ...

Court : Karnataka

Reported in : ILR2004KAR4268

..... the ground that some manual was not returned. reliance is placed on the principles relating to award of damages contained in section 73 of the contract act, 1872 which provides that the quantum of damages could only be with reference to the loss which naturally arose in the usual course of things from ..... manual was not returned, the arbitrator had completely lost sight of the principles relating to damages and has violated the provisions of section 73 of the contract act which bars grant of damages for remote or indirect loss and which casts an obligation on compare to mitigate the loss. the three principles are:( ..... and also has not returning the books, thereby rendering the second computer system useless for further exploitation.15. the arbitrator has held that the contract of lease of the computer under agreement dated 5.11.1987 came to an end on 4.10.1988 and hal's responsibility in respect ..... gone out of order to it' original working condition and hal is in no way concerned with the repairs effected or parts substituted, as under the contract, compare was bound to make available the system in working condition; and therefore, mere by substitution by compare of certain parts in the computer to ..... for not giving the 1,91,666/67/- period commencing from required notice of four 23rd july 88 to november months for termination of the 88 contract. 03 unauthorised deduction of unauthorised deduction and 10,580/- amounts from invoice 013 refusal to pay for use of dated 3.10.88. fortran .....

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