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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: karnataka dharwad Page 1 of about 189 results (0.019 seconds)

Aug 20 2015 (HC)

M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

..... be said to be voidable and not binding on the respondents. 6. on a plain reading of section 22 of the indian contract act, 1872, it is evident that a contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter ..... of fact. secondly, in terms of section 8 of the indian contract act, a contract is said to be binding when once a proposal is accepted and the consideration is received. section 8 fortifies this position which lays down that ..... concessional rate and thereafter, realising that there is a mistake in having accepted such concessional rate, would not enable the respondent to resile from the contract. this is the legal position. however, insofar as the contention that the petitioners were armed with an alternative remedy and that they should be relegated ..... the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal. therefore, the contract entered into by the respondents to carry the consignment entrusted to it by the petitioners at a concessional freight and receipt of the freight charges ..... could be novation of a contract only by agreement. the respondents seeking to vary the contract by claiming that there is a mistake of fact in having accepted the freight charges at 30% concession, is not available to the respondents. 7. the several provisions of the railways act which are highlighted by the .....

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Mar 01 2013 (HC)

The Chairman, the State Government Employees Shikshana Sangha, Hubli V ...

Court : Karnataka Dharwad

..... and defendant no.1 vide ex.p1 became impossible of specific performance having regard to section 56 of the contract act, 1872. the said provision provides that an agreement to do an act impossible in itself is void. a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promissory could not prevent, unlawful, becomes void ..... to return the earnest money, in the event of acquisition being made by the state, the vendee-appellant is entitled under section 33 of the contract act, as rightly and legally held by the trial court, to seek refund of the earnest money. ? 23. in this case, declaration under section 6 was issued and published, award was ..... where the l.rs. of plaintiff should be awarded compensation in spite of denial of relief of specific performance i.e., on account of frustration of the contract. section 21 of the specific relief act provides for award for compensation either in addition to or in substitution of such performance. the explanation thereunder makes it clear that the court is not prevented ..... then the act becomes impossible or unlawful. in the instant case, compulsory acquisition of suit property, which came into being during .....

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Feb 26 2016 (HC)

Ryatar Sahakari Sakkarre Karkhane Vs. Asst. Commissioner Of

Court : Karnataka Dharwad

..... and c ) for appointing harvesters / transporters by the appellant as an agent on behalf of the farmers constituted a contract as per the indian contract act, 1872?. iii. whether the tribunal was right in not determining the issue relating to the existence of a contract between the harvesters/transporters and appellant as per the bond agreement/s?. iv. whether the tribunal was justified in directing ..... . payments made on those amounts were booked as expenditure. assessing authority held that the said payments made to the harvesters and transporters were pursuant to a contract within the meaning of section 194c of the act and therefore the assessee was liable to deduct tax at source. during the enquiry, the authority noticed that the assessee had not deducted any tax at ..... enters into agreements with harvesters and transporters. farmer is not a party to the said agreement. therefore, the said document cannot be construed as a lawful contract to attract the provisions of section 194c of the act. further, the assessee being situated in a remote area does not have the benefit of :19. : expert legal consultants to advice with regard to statutory ..... revenue opposing the appeals filed by :20. : the assessee and in support of appeals filed by the revenue contended that section 194c of the act mandates that an assessee responsible to pay any sum to carry out any work in pursuance of contract is required to deduct tax at source. as a consequences of failure to comply with section 194c of the .....

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Jun 09 2015 (HC)

Kasturevva W/O Hemappa Basureddy Vs. Jayashree W/O Late Basavareddy Ba ...

Court : Karnataka Dharwad

..... reasons to be recorded, thinks fit to grant such adjournment. :9. : explanation.--- an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule. 3a. bar to suit.--- no suit shall lie to set aside a ..... the agreement or compromise shall not be deemed to be lawful within meaning of the said rule if the same is void or voidable under indian contract act, 1872. it follows that in every case where the question arises whether or not there has been a lawful agreement or compromise in writing and signed by ..... will in turn depend upon whether the allegations suggest any infirmity in the compromise and the decree that would make the same void or voidable under the contract act. more importantly, order xxiii, rule 3a clearly bars a suit to set aside a decree on the ground that the compromise on which the :11 ..... passed without her knowledge. hence, the said compromise decree is fraudulent and the same is liable to be set aside. the said compromise decree was not acted upon till today and the :7. : petitioner is in possession of the suit property. therefore, the judgement and decree of the compromise is liable to ..... the impugned compromise judgment and decree of the court below is improper and illegal and the said compromise decree obtained by the defendant is a fraudulent act committed by son-in-law of the petitioner, who is the cousin brother of respondent.2. the facts of the case are as under: .....

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Apr 25 2017 (HC)

M/S Basai Steels and Power Pvt Ltd., Vs. M/S Gobins India

Court : Karnataka Dharwad

..... ). in the said case, regarding the question of existence of an arbitration agreement between the parties under section 7 of the act, the hon ble supreme court imparted principles of agreement in sub silentio initiated under section 8 of the indian contract act, 1872 and was pleased to observe that offerree s silence in certain circumstances coupled with his conduct takes form of positive ..... act, which may constitute acceptance and agreement in sub silentio. therefore, terms of contract between the parties can be proved not only by their words, but also by ..... /s. basai steels pvt. ltd. vs. m/s. gobins india engineering pvt.ltd. & another 75 60. in the present case, the arbitration clause no.29 of the contract clearly provided for application of new act of 1996 and therefore, the reliance placed upon by the learned counsel for the petitioner on the judgment of the hon ble supreme court in the case ..... the court to appoint arbitrator upon a request of either of the parties but, compulsion is not on the particular party to the contract to seek such appointment of arbitrator. the words used in section 11(4) of the act, upon request of a party , by the supreme court, or as the case may be, the high court, such appointment shall be .....

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Aug 20 2015 (HC)

M/S Kumaraswamy Mineral Exports Vs. The Commercial Manager South Weste ...

Court : Karnataka Dharwad

..... could be said to be voidable and not binding on the respondents.6. on a plain reading of section 22 of the indian contract act, 1872, it is evident that a contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter ..... of fact. secondly, in terms of section 8 of the indian contract act, a contract is said to be binding when once a proposal is accepted and the consideration is received. section 8 fortifies this position which lays down that ..... concessional rate and thereafter, realising that there is a mistake in having accepted such concessional rate, would not enable the respondent to resile from the contract. this is the legal position. however, insofar as the contention that the petitioners were armed with an alternative remedy and that they should be relegated ..... the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal. therefore, the contract entered into by the respondents to carry the consignment entrusted to it by the petitioners at a concessional freight and receipt of the freight charges ..... be 9 novation of a contract only by agreement. the respondents seeking to vary the contract by claiming that there is a mistake of fact in having accepted the freight charges at 30% concession, is not available to the respondents.7. the several provisions of the railways act which are highlighted by the .....

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Aug 12 2015 (HC)

Yamanappa Vs. Karnataka Vikas Grameen Bank, Rep. by its Manager S.G. S ...

Court : Karnataka Dharwad

..... there can be no dispute to the settled legal proposition of law that in view of the provisions of section 128 of the indian contract act, 1872 (herein after called the contract act') the liability of the guarantor/surety is co-extensive with that of the debtor. therefore, the creditor has a right to obtain a ..... passed by both the courts below is based on cogent legal evidence on record and in accordance with the provisions of section 128 of the indian contract act, 1872 and in accordance with the dictum of the hon'ble apex court stated supra. therefore, the appellant has not made out any substantial question of ..... prove that the suit is barred by limitation. 12. it is worthwhile at this stage to consider the provisions of section 128 of the indian contract act, 1872, which reads as follows :- 128: surety's liability:- the liability of the surety is co-extensive with that of the principal debtor, unless it ..... no right to restrain the execution of the decree against him. the hon'ble apex court while considering the provisions of section 128 of the indian contract act in the case of ram kishun and others vs. state of u.p. and others reported in air 2012 sc 2288 at paragraph 5 has held ..... to proceed only against the defendant. the said order was final and conclusive. the trial court considering the provisions of section 128 of the indian contract act came to the conclusion that if the borrower fails to repay the amount and becomes defaulter and then the co-obligant/guarantor steps into the .....

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Apr 12 2018 (HC)

Mahesh Vs. Authorized Officer/

Court : Karnataka Dharwad

..... party, any proceeding against the guarantor would remain unaffected by the issuance of such a notification. under section 128 of the indian contract act, 1872, save as provided in the contract, the liability of the surety is co- extensive with that of the principal debtor. the sureties thus became liable to pay the ..... learned counsel for the petitioner submits that, he is only a guarantor for the repayment of the debts contracted by the 3rd respondent borrower who too has furnished his property by way of security for their repayment. therefore without exhausting the coercive measures against ..... guaranty for the repayment of bank debt.2. brief facts stated are ; petitioner happens to be the guarantor for the repayment of the loans contracted by 3rd respondent m/s.hemagirish traders taken from the 2nd respondent-bank. by way of guarantee, petitioner admittedly has executed a memorandum of ..... the state must be informed by reason and that, in appropriate cases, actions uninformed by reason may be questioned as arbitrary in proceedings under act.226 or art.32 of the constitution, art.14 cannot be construed as a charter for judicial review of state 6 actions and to ..... notice at annexure-c to the writ petition under section 13(12) of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 read with rule-3 of the security interest (enforcement) rules, 2002. the same is in challenge in this writ petition.4. the .....

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Sep 17 2014 (HC)

Venugram Multipurpose Co Operative Credit Society Vs. The Income-Tax O ...

Court : Karnataka Dharwad

..... who is normally residing within the area of operation of the society and who genuinely need the services provided by the society, and competent to enter into contract under section 11 of the indian contract act, 1872, is eligible to become the member of the society. 10. in the light of the established fact that appellant is a multi-purpose co-operative society registered ..... under the kcs act as evident from the registration certificate issued under the kcs act, it cannot but be said that it falls within :10. : the definition of the ..... being, shall apply to, or in relation to, co-operative societies as they apply to, or in relation to banking companies subject to the following modifications, namely: (a) throughout this act, unless the context otherwise requires, (i) references to a "banking company" or "the company" or "such company" shall be construed as reference to a co-operative bank; shall be ( ..... any co-operative bank other than a primary agricultural credit society or primary co- operative agricultural and rural development bank to the benefits of deduction under section 80p of the act. therefore, what is required to be noticed is whether the appellant multi-purpose co- operative credit society falls within the definition of either primary agricultural credit society or primary .....

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Jun 09 2015 (HC)

Kasturevva Vs. Jayashree

Court : Karnataka Dharwad

..... court, for reasons to be recorded, thinks fit to grant such adjournment. explanation. an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule. 3a. bar to suit. no suit shall lie to set aside a ..... the agreement or compromise shall not be deemed to be lawful within meaning of the said rule if the same is void or voidable under indian contract act, 1872. it follows that in every case where the question arises whether or not there has been a lawful agreement or compromise in writing and signed by ..... in turn depend upon whether the allegations suggest any infirmity in the compromise and the decree that would make the same void or voidable under the contract act. more importantly, order xxiii, rule 3a clearly bars a suit to set aside a decree on the ground that the compromise on which the decree ..... passed without her knowledge. hence, the said compromise decree is fraudulent and the same is liable to be set aside. the said compromise decree was not acted upon till today and the petitioner is in possession of the suit property. therefore, the judgment and decree of the compromise is liable to be set ..... the impugned compromise judgment and decree of the court below is improper and illegal and the said compromise decree obtained by the defendant is a fraudulent act committed by son-in-law of the petitioner, who is the cousin brother of respondent. 2. the facts of the case are as under: .....

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