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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: madhya pradesh Page 1 of about 9,134 results (0.089 seconds)

Mar 30 2005 (HC)

Sunderlal Saraf and ors. Vs. Subhas Chand JaIn and ors.

Court : Madhya Pradesh

Reported in : AIR2006MP35; 2005(3)MPLJ73

..... sale of the silver pledged. according to plaintiffs by selling the pledged silver without notice as required by section 176 of the indian contract act, 1872 (hereinafter referred to as 'the act') and in contravention of the specific directions of the plaintiffs conveyed to the defendants vide telegram dated 30-11-1974 and notice dated ..... days notice was given by pawnee (defendant) would not ipso facto gets the notice invalid. since no particular time has been prescribed in section 176 of the contract act.25. after receiving the notice (ex. d-14), the plaintiffs through their advocate shri b. c. varma sent a telegram on 30-11-1974 to ..... sale, it is the pawnee's ordinary right to recover the balance of the loan unsatisfied on the sale pledged. if we analyse section 176 of the contract act, it is perceptible that a pawnee has three rights in case of default by pawnor. (i) he may bring a suit upon the debt; and(ii ..... sell the thing pledged on giving the pawnor reasonable notice of the sale. the section is mandatory and the required notice must be given notwithstanding any contract to the contrary. since the sending of notice is mandatory, it cannot be waived. it is the discretion of the pawnee either to file ..... of the amount lent by him, was obliged to return the specific silver pledged by the plaintiffs.(c) the defendant was entitled, in terms of the contract, to receive from the plaintiffs interest on the sums lent by him at rates and in quantity permitted by the law, but not more than 12% .....

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May 17 2002 (HC)

Smt. Asha Qureshi Vs. Afaq Qureshi

Court : Madhya Pradesh

Reported in : AIR2002MP263; 2002(4)MPHT108; 2002(3)MPLJ394

..... marriage pregnant by some person other than the petitioner; or(iii) the consent of either party in the marriage was obtained by coercion or fraud, as defined in the indian contract act, 1872 :provided that in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied--(a) that the petitioner was at the time of the ..... acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his ..... /husband appears to have prayed for the decree of nullity of marriage under section 25(iii) of the 'act'. it has therefore, to be considered as to whether consent of the respondent was obtained by fraud as defined in the indian contract act, 1872 ?9. section 17 of the indian contract act defines 'fraud' as below :--'17. 'fraud'.-- 'fraud' means and includes any of the following ..... material fact as above would amount to exercise of fraud. it may be noticed in the above context that in view of sub-section (4) of section 17 of the contract act, to constitute fraud, it is not essential, that there should be any misrepresentation by express words. it is sufficient if it appears that the party deceiving knowingly induced the defendant .....

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Apr 29 1969 (HC)

Mishra Bandhu Karyalaya and ors. Vs. Shivratanlal Koshal

Court : Madhya Pradesh

Reported in : AIR1970MP261

..... when the other party fails to perform the contract in its entirety. it reads: '39. when a party to a contract has refused to perform, or disabled himself from performing, his ..... claims to treat the contract as at an end, in which case he can sue at once for damages.' 43. these english common law principles are merely re-stated in section 39 and the other allied sections of the indian contract act, 1872. the right to rescission of a contract under section 39, arises ..... was for a consideration which was forbidden by law and opposed to public policy and, therefore, was not enforceable under section 23 of the contract act and had raised this issue in the court below, the learned counsel appearing on their behalf has abandoned that stand, and no provision either ..... the arrangement so arrived at was either forbidden by law or was against public policy and, therefore, void and unenforceable under section 23 of the contract act. the submission is that the plaintiff had no right to sue, being a mere benamidar. as already stated, we find that the author having ..... law and, was therefore, legally not enforceable, besides being opposed to public policy and was, therefore, void and unenforceable under section 23 of the contract act. even otherwise, they alone had the right to print and publish the book in question, but in breach of that agreement, the author had .....

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Apr 18 1981 (HC)

Dhanbhagvati and anr. Vs. Mandsaur Electric Supply Co. Ltd., Mandsaur

Court : Madhya Pradesh

Reported in : AIR1981MP259

..... right to claim performance rests, as between him and them, with them during their joint lives. this is what section 45 of the indian contract act, 1872, inter alia provides. accordingly, in absence of a contract expressing the contrary intention, the promise made by the defendant company in respect of payment of rent could not be enforced by one of the promises, i ..... government or from an assignee of the proprietary rights and who is, or but for a contract would be liable to pay rent for his holding; but does not include :-- (i) a concessional bolder as defined in sub-clause (x); (ii) a bolder of a ..... mutafarrikat, sharah muyyana and sakitulmilkiyat tenants.' the term 'tenant' has been defined by section 54 (xviii) of the tenancy act, thus :'section 54. definitions.-- in this part, unlessthere be something repugnant in the subject or context :-- (xviii) tenant means a person who holds land for agricultural purposes, from the ..... has been or whose predecessor-in-interest had been lawfully recorded in respect of his holding as a 'ryot pattedar', 'mamuli maurusi', 'gair maurusi', and 'pukhta maurusi' when this act comes into force or who may in future be duly recognised as such by a competent authority. explanation-- the term 'pukhta maurusi' includes tstmurardar tenants, malikana haqholder tenants, hakkiyal .....

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Feb 28 1992 (HC)

Bakatawar Singh Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1992MP318; 1992(0)MPLJ953

..... contract act read as follows :'19. when consent to an agreement is caused by coercion, fraud, or misrepresentation, the agreement is a ..... about the transaction or he will be taken to have acquiesced. the principal may choose, however, to affirm the contract and, if rescission is no longer possible, he must affirm.'similar remedy is provided in section 19 and 10-a of the indian contract act, 1872 because the accountability of the agent is only to his principal. sections 19 and 19-a of the ..... as the law specially declares to be fraudulent.' in the same sequence, what is meant by 'undue influence' may also be mentioned by quoting section 16 of the contract act:'16.(1). a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the ..... entitled to avoid it has received any benefit there under, upon such terms and conditions as to the' court may seem just.''misrepresentation' as defined in section 18 of the contract act includes: 'any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or anyone claiming under him, by misleading another to his prejudice .....

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Sep 02 1957 (HC)

Passarilal Mannoolal Vs. Mst. Chhuttanbai and ors.

Court : Madhya Pradesh

Reported in : AIR1958MP417

..... rules of english law in respect of champertous agreements have not been adopted and the only provision for holding some of them illegal is section 25 of the indian contract act, 1872 (ix of 1872). the civil justice committeewere of the opinion that the law should be soamended as to check the evils which arise from champertous litigation. the amendments proposed will implement ..... expedient to provide for the setting aside of champertous agreements and to amend the indian contract act, 1872, for that purpose; it is hereby enacted as follows : 1. this act may be cited as the central provinces and berar indian contract (amendment) act, 1938. 2. after section 19a of the indian contract act, 1872, the following sections shall be deemed to be inserted, namely : '19-b. (a) ' ..... will make such agreements as fall within the definition of champertous agreements in the english law void under section 23 of the contract act (act ix of 1872). we propose no alteration under section 6 of the transfer of property act (act iv of 1882), but we do propose that all agreements of a champertous nature should be made voidable under the provisions of ..... respondent 3 lalaram (father) not to give it to the appellant.under the circumstances, the appellant was, in my opinion, a 'maintainer' as defined under section 19-b or the contract act; and, having agreed to share the part of the property, which might be securedby moolchand respondent 2, the agreement, dated 7-7-1948, was clearly champertous. i, therefore, .....

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Dec 16 2004 (HC)

Mintoolal Brijmohandas Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR2005MP205; 2006(1)ARBLR623(MP)

..... england and commonwealth. not dissimilar principles have enabled some commonwealth court to avoid the effect of no damage clauses.15. in our country question of delay in performance of the contract is governed by sections 55 and 56 of the indian contract act, 1872. if there is an abnormal rise in prices of material and labour, it. may frustrate the ..... contract and then the innocent party need not perform the contract. so also, if time is the essence of the contract, failure of the employer to perform a mutual obligation would enable the contract to avoid the contract as the contract become voidable at his ..... the employer, still a claim would be entertainable in one of the following situations: (i) if the contractor repudiates the contract exercising his right to do so under section 55 of the contract act. (ii) the employer given an extension of time either by entering into supplemental agreement, or by making it clear that escalation of rates or compensation for delay would be ..... by the apex court in the case of general manager, northern railway v. sarvesh chopra, : [2002]2scr156 expressed their lordships expressed their view as under'in hudsons building and engineering contracts (11th edn. pp. 1098-99) there is reference to, 'no damage' clauses, an american expression, used for describing a clause which classically grants extension of time for completion for .....

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Apr 19 1989 (HC)

Pran Nath Suri and ors. Vs. the State of M.P.

Court : Madhya Pradesh

Reported in : AIR1991MP121

..... quarry. holding to the contrary would amount to putting a premium on the remissness of the state and its officials.10. explanation to section 73 of the contract act, 1872 or at least the principle underlying it is attracted to such case. the provision has come up for consideration in several cases and the ratio appears to ..... amount.16. the result of the above said discussion is that the state was not entitled to recover anything in the name of compensation for breach of contract or obligation from the plaintiff. it was also not entitled to retain and forfeit the amount of first instalment paid bythe plaintiff because the instalment was paid ..... within a reasonable time from the date of breach. the damages must have relation to the market price on the date of breach whether or not the contract empowers the vendor to resell and claim the difference. in other words 'the resale can only be taken' as a step to enable the party to ..... and chemicals co. ltd., air 1973 sc 1098 was case where the union of india forfeited the security deposit of a contractor for a breach of contract by him, it was held that in the absence of loss of damage to union of india on account of breach committed by contractor forfeiture could not ..... .13. ambalavana chattiar and co. ltd. v. express newspapers ltd., bombay, air 1968 sc 741 is a case under sale of goods act, 1930. it was held that in case of a breach of contract to sale on the part of a buyer 'the seller is entitled to claim as damages the difference between the .....

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May 11 2005 (HC)

Mhow Hosiery Pvt. Ltd. Vs. Jitendra

Court : Madhya Pradesh

Reported in : [2005(106)FLR889]; 2005(3)MPHT279

..... an admitted fact of law the employment of service is a contract between employer and employee and the section 19a of the contract act, 1872 gives power to set aside contract induced by undue influence which has been defined under section 16 of the contract act which is as under :-'16. 'undue influence' defined(1) a contract is said to be induced by 'undue influence' where the ..... supreme court in ladli parshad jaiswal v. the karnal distillery co. ltd. and ors., reported in : [1964]1scr270 , has considered the undue influence as per section 16 of the contract act and common law of england and held as under :-'the doctrine of undue influence under the common law was evolved by the courts in england for granting protection against transactions ..... corporation ltd. and anr. v. brojo nath gangulay and anr., reported in : (1986)iillj171sc (landlord judgment with regard to service of contract) has held that unreasonable contract can be strike down by the court, after anlysing various provisions of contract act specially sections 19 and 16 and also article 14 of the constitution. the hon'ble court has held as under :-'this principle ..... other transactions in which one party by exercising his position of dominance obtains an unfair advantage over another. the indian contract act is founded substantially on the rules of english common law. the first sub-section of section 16 of the contract act lays down the principle in general terms. by sub-section (2) a presumption arises that a person shall be .....

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Jan 14 2000 (HC)

Smt. Shanti Devi Sharma and anr. Vs. Radheshyam Palod and anr.

Court : Madhya Pradesh

Reported in : 2000(3)MPHT451; 2000(2)MPLJ331

..... purpose of this case, which reads:'4. right of suit on death of partner.-- (1) notwithstanding anything contained in section 45 of the indian contract act, 1872 (9 of 1872), where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such person dies, ..... court fee of rs. 20/- was paid on that count. the respondent-defendant no. 1 had contended before the trial court that so far there is contract between him and the plaintiffs for creation of a dealership. however, defendant no. 1 had raised an objection that it is not open for plaintiffs to have ..... in settled possession filed a suit for declaration of title and injunction. it was held that provisions under section 7(iv)(c) of the court fees act are not applicable. he can put any value for declaration and pay fixed court-fees thereon. on injunction he is entitled to value the relief under ..... learned single judge of this court that dealership right is a statutory right and is not a private property of any individual firm or company. even by act of parties, that right cannot be conferred, transferred or abandoned if any sanction in that regard existed in law for such an action. the court, ..... issued by collector, vidisha in exercise of his powers under the m.p. kerosene dealers licensing order, 1979 made under the provisions of the essential commodities act, 1955 is in the name of vidisha auto service and additionally the names appear along with the firm's name are ramsahay and shanti devi, the .....

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