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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: mumbai nagpur Year: 2011 Page 1 of about 32 results (0.014 seconds)

Aug 11 2011 (HC)

Jitendra S/O Manindranath Bose Vs. the State of Maharashtra and anr.

Court : Mumbai Nagpur

Decided on : Aug-11-2011

..... for the petitioner also relied on the provisions of section 65 of the contract act, 1872 to submit that as the contract became void, the state, having received the advantage under the void contract or agreement, was bound to restore it to the petitioner, who did not carry on the ..... pay in any trading and business transaction and thus falls within the realm of a contract. the learned counsel for the petitioner submitted by relying on the provisions of section 56 of the contract act, 1872 that the contract to deal with liquor became impossible in view of the prohibitory order of the high ..... court and as the petitioner was prevented from carrying on the business in liquor, the contract for that period became void. the learned counsel ..... , we find that the reliance placed on behalf of the licensee on the provisions of section 56 and 65 of the contract act is not well founded. the act and the rules do not permit any recourse to these provisions. since privilege fees are charged by the government for parting with ..... with the privilege by granting a license in favour of the petitioner. according to the learned additional government pleader, the government enters into a contract with the holder of the license for carrying out the trade or business, which exclusively vests in the state government and while conferring the .....

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Sep 06 2011 (HC)

Western Coalfields Limited and anr. Vs. Rajesh S/O Nandlal Biyani and ...

Court : Mumbai Nagpur

Decided on : Sep-06-2011

..... is called the 'principal debtor', and the person to whom the guarantee is given is called the 'creditor'. 20) section 31 of the indian contract act, 1872, defines the contingent contract and the same is reproduced below chapter iii : of contingent contracts "section 31. "contingent contract" defined.- a "contingent contract" is a contract to do or not to do something, if some event, collateral to such ..... of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', 'principal debtor' and 'creditor'- "a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in ..... violation of the terms of the bank guarantees. the contention cannot be accepted. the respondent no.1 is the principal debtor within the meaning of section 126 of the contract act. it is at his instance that the conditional bank guarantees have been furnished by the respondent no.2 bank in favour of the appellant creditor. it is the ..... payable by the respondent no.1 cannot be assessed and claimed. hence, it is a 'contingent contract' as defined under section 31 of the contract act and it becomes enforceable only upon happening of the event specified therein, as per section 32 of the contract act. 23) the question is whether, in fact there is such compliance of the conditions stipulated under .....

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Oct 13 2011 (HC)

Madhukar Govindrao Thaware and ors. Vs. Central Bank of India

Court : Mumbai Nagpur

Decided on : Oct-13-2011

..... court that he had sufficient cause for not preferring the appeal or making the application within such period." "29. savings.- (1) nothing in this act shall affect section 25 of the indian contract act, 1872 (9 of 1872). (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the ..... consuming normal litigation process when their funds have been blocked in the unproductive assets. speedy recovery of such assets is critical for the successful implementation of financial reforms. the act by setting up of the special tribunals with special powers for adjudication of such matters and speedy recovery aimed at the successful implementation of the financial sector reforms. an ..... has willfully or consciously omitted to incorporate the enabling provision of condoning the delay to prefer appeal within prescribed period (unlike in proviso to section 20(3) of the act of the discretion enabling the drat to entertain appeal beyond prescribed period of statutorily prescribed limitation of 45 days) by not making provision analogous to section 5 of the ..... has passed the enactment. in union of india vs. delhi high court bar association reported in air 2002 sc 1479 the apex court upholding constitutional validity of the rddbfi act observed thus : "the very purpose of establishing the tribunal being to expedite the disposal of the applications filed by the banks and financial institutions for realisation of money, .....

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Jun 06 2011 (HC)

Suchetan Exports Pvt.Ltd. Vs. Gupta Coal India Limited and ors.

Court : Mumbai Nagpur

Decided on : Jun-06-2011

..... findings, that the plaintiff shall have the lien over the coal till full price of the coal is paid. keeping in view the terms of the contract and various provisions of the sale of goods act, relied upon by the learned counsels appearing for the parties, the view taken by the trial court, seems to be the possible view of the matter ..... goods act, 1930 to urge, that where any right, duty or liability would arise under a ..... , for the plaintiff has relied upon the provisions of section 19 of the said act to urge, that section 45 to 49, are all subject to the provisions of section 19 and where there is a specific contract, the relationship shall be governed by the terms of the contract. he has further relied upon the provisions of section 62 of the sale of ..... contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties. 17) the trial court has taken .....

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Jan 06 2011 (HC)

Amol S/O Late Bhalchandra Joshi and ors. Vs. Deorao S/O Santoshrao Bho ...

Court : Mumbai Nagpur

Decided on : Jan-06-2011

..... exhibit 178, all the ten plaintiffs have assigned the rights under the decree in favour of the respondent hifzul kabir. under section 15(b) of the specific relief act, the specific performance of a contract may be obtained by the representative-in-interest or the principal, of any party thereto. the apex court has in its judgment in shyam singh v. daryao ..... 196, it is urged that a compromise decree is held to be compulsorily registrable under the provisions of section 17(2)(vi) of the registration act and by the same analogy a decree for specific performance of contract is also compulsorily registrable. the law laid down by the apex court is contained in paras 16 and 17 of the judgment, which are ..... the transfer of property.29. the argument based upon the provisions of section 17(1)(b)(e) and section 17(2)(v) of the registration act in respect of registration of a decree for specific performance of contract, is required to be dealt with. the said provisions, being relevant, are reproduced below :"17. documents of which registration is compulsory -(1) the following ..... having preexisting right in the decree. assuming this finding to be correct, the exemption under clause (vi) of section 17(2) of the said act would apply. be that as it may, a decree for specific performance of contract, as has already been held, neither extinguishes right, title or interest in the immovable property, nor creates right, title or interest in immovable .....

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Jan 06 2011 (HC)

Amol S/O Late Bhalchandra Joshi and ors.Vs. Deorao S/O Santoshrao Bhon ...

Court : Mumbai Nagpur

Decided on : Jan-06-2011

..... exhibit 178, all the ten plaintiffs have assigned the rights under the decree in favour of the respondent hifzul kabir. under section 15(b) of the specific relief act, the specific performance of a contract may be obtained by the representative-in-interest or the principal, of any party thereto. the apex court has in its judgment in shyam singh v. daryao ..... 196, it is urged that a compromise decree is held to be compulsorily registrable under the provisions of section 17(2)(vi) of the registration act and by the same analogy a decree for specific performance of contract is also compulsorily registrable. the law laid down by the apex court is contained in paras 16 and 17 of the judgment, which are ..... the transfer of property.29. the argument based upon the provisions of section 17(1)(b)(e) and section 17(2)(v) of the registration act in respect of registration of a decree for specific performance of contract, is required to be dealt with. the said provisions, being relevant, are reproduced below :"17. documents of which registration is compulsory -(1) the following ..... having preexisting right in the decree. assuming this finding to be correct, the exemption under clause (vi) of section 17(2) of the said act would apply. be that as it may, a decree for specific performance of contract, as has already been held, neither extinguishes right, title or interest in the immovable property, nor creates right, title or interest in immovable .....

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Sep 21 2011 (HC)

Pix Transmissions Limited Vs. State of Maharashtra and ors.

Court : Mumbai Nagpur

Decided on : Sep-21-2011

..... clause 33 of settlement cannot operate as bar to demand for minimum wages, he points out that section 25 of the minimum wages act, prohibits contracting out and he also relies on the provisions of section 23 of the contract act to urge that such settlement will otherwise be opposed to law and public policy and, therefore, void. 13. judgment of hon'ble ..... after referring to its various earlier judgments has found that jurisdiction of the industrial tribunal in dealing with such reference is limited by section 10(4) of the industrial disputes act, to the points specifically mentioned in reference and matters incidental thereto. while considering this issue in para 17, the hon'ble apex court has also made observations which ..... whatsoever will be caused to the petitioner. 15. mrs a. r. taiwade, learned assistant government pleader has also supported the order of reference. she contends that conciliation officer is acting in administrative capacity and hence, he is not required to record reasons in detail. according to her, role of conciliation officer is only to facilitate negotiations between parties and respondent ..... said division bench, similar disputed questions are left open for adjudication before the reference court. 12. he has contended that here there is no dispute about applicability of minimum wages act or then rate stipulated thereunder on 16.4.2007. the defence of contractual wage is without any merit & totally irrelevant, and hence, in these circumstances, impugned order of .....

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Jan 05 2011 (HC)

M/S. Bhushan Steel Limited and ors. Vs. Mrs. Varsha A. Maheshw and ors ...

Court : Mumbai Nagpur

Decided on : Jan-05-2011

..... in one of such courts and such agreement is not contrary to public policy. such an agreement therefore does not contravene section 28 of the contract act. here the defendant no.1 has got its registered office at new delhi and plant at narendrapur, meramandli, district dhenkanal in orissa state. there ..... caused to the defendants thereby.7. it is also argued that the defendant has not made any reference to either sale of goods act or to the contract act and the plaintiff has also relied upon various judgments to show how said provisions clinch the controversy and an inference of deemed acceptance ..... for this court to proceed to appreciate the grievance of plaintiff in the light of section 55 of the contract act and provisions of sections 41 and 42 of the sale of goods act. that consideration would have been relevant only in case of entire grievance in suit falling under provisions of order ..... and the same is stated to be pending. it is urged that the plaintiff cannot chose to rely only upon one clause of the contract and entire contract needs to be construed together. various judgments are relied upon to substantiate all these aspects. the certificates of inferior quality produced on record ..... is also stated to be again false in this background. it is contended that in the face of these complaints (alleged) about quality, the contract was never terminated and later supplies were accepted by the defendants. plaintiff states that denial of signature of arvind srivatava by defendant is false & an .....

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Jan 05 2011 (HC)

Mrs. Varsha A. Maheshwari Vs. M/S. Bhushan Steel Limited and anr.

Court : Mumbai Nagpur

Decided on : Jan-05-2011

..... in one of such courts and such agreement is not contrary to public policy. such an agreement therefore does not contravene section 28 of the contract act. here the defendant no.1 has got its registered office at new delhi and plant at narendrapur, meramandli, district dhenkanal in orissa state. there ..... caused to the defendants thereby.7. it is also argued that the defendant has not made any reference to either sale of goods act or to the contract act and the plaintiff has also relied upon various judgments to show how said provisions clinch the controversy and an inference of deemed acceptance ..... for this court to proceed to appreciate the grievance of plaintiff in the light of section 55 of the contract act and provisions of sections 41 and 42 of the sale of goods act. that consideration would have been relevant only in case of entire grievance in suit falling under provisions of order ..... and the same is stated to be pending. it is urged that the plaintiff cannot chose to rely only upon one clause of the contract and entire contract needs to be construed together. various judgments are relied upon to substantiate all these aspects. the certificates of inferior quality produced on record ..... is also stated to be again false in this background. it is contended that in the face of these complaints (alleged) about quality, the contract was never terminated and later supplies were accepted by the defendants. plaintiff states that denial of signature of arvind srivatava by defendant is false & an .....

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Dec 01 2011 (HC)

Rajan Son of Manoharlal DhaddhA. Vs. the State of Maharashtra

Court : Mumbai Nagpur

Decided on : Dec-01-2011

..... criminal prosecution, would be nothing but clear abuse when allegations are inherently improbable and averments indicate the existence of civil dispute arising out of written contract. apart from the above rulings, ratio laid down by the apex court in the case of state of haryana & ors v. bhajan lal ..... according to the applicant, he was under contractual obligations to transport food-grains from one place to another in accordance with the said written contract and for the rates as agreed per kilometer by means of trucks hired for that purpose. 4. as per the allegations of prosecution, tahsildar ..... all 14 tahsils of nagpur district and has reputation in the department as to his integrity and honesty with unblemished character. he was awarded contract since 1996 by the government for transportation of food-grains. he also enjoys good social status. he is president of mahavir jain yuvak mandal ..... after investigation, offences punishable under sections 406, 409, 109 of the indian penal code read with sections 3 and 7 of the essential commodities act. 5. learned counsel for the applicant contends that in fact, go-down manager by name dattatraya bandelwar was responsible for illegal disposal of wheat ..... indian penal code read with sections 3 and 7 of the essential commodities act by the police despite the fact that he has been awarded contract by the government for transporting wheat, rice etc. as stipulated in writing in contract, from one place to another in the nagpur district. it is .....

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