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 .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-02-2011
..... agreement is for treating a patient for consideration. it would, therefore, be an agreement enforceable at law and consequently a contract under section 2 (h) of the indian contract act, 1872. the acceptance by defendant no.1 as the promissee has to the absolute and unqualified under section 7 (1) of the ..... act and be expressed in some usual and reasonable manner under section 7 (2) of the act. the relevant portion of section 7 which runs thus ..... of this day ! 89.to understand the position of the original plaintiffs and defendant no.1 as contracting parties, it would be best to understand the first principles laid down in the contract act. it need not detain us to accept that the original plaintiffs as promisors made the proposal to defendant ..... medical condition of the patient and to direct defendant no.2 to stitch her up. 66.even the admitted performance of the contract accepted by him was not performed. this act would show total nonperformance of his promise as a promisee even to be around or to be available, if needed. this ..... by himself since he was, in the opinion of the original plaintiffs the best oncology surgeon at the relevant time whom they had specifically contracted with. upon the complete nonperformance by defendant no.1 of performing surgery or treating the original plaintiff no.2 the plaintiffs claim that bh .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-09-2011
..... suraj sanghi finance limited vs. credential finance limited and others (supra) wherein the learned single judge held that under section 176 of the indian contract act, 1872, the plaintiff has the right to retain the pledged goods, until such time the defendant makes payment, and then only need return the pledged goods ..... limited and others, reported in 2002 (supp.2) bom. c.r. 316, wherein it is held that under section 176 of the indian contract act, 1872, the plaintiff has the right to retain the pledged goods until such time the defendant makes payment and only then does the plaintiff have to return ..... can be a ground for consideration when leave to defend is to be considered, the right conferred on the plaintiff under section 176 indian contract act, does not whittle down the right to maintain a suit as a summary suit as long as the plaintiff satisfies the court that the ..... recovery of the amount without proceeding against the pledged goods or other collateral securities. this right conferred on the plaintiff under section 176 indian contract act, does not whittle down the right to maintain the suit as a summary suit as long as the plaintiff satisfies the court that the ..... non-payment of call money. it is therefore submitted that the defendant has suffered severe financial losses. the defendant has submitted that where a contract contemplates reciprocal promises and in view thereof the defendant has raised an issue of maintainability of the summary suit, the defendant is entitled to .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-31-2011
..... the amount so due, the pawnee shall pay over the surplus to the pawnor."(emphasis supplied)39. as per section 176 of the indian contract act, 1872 pawnee is entitled to sell the things pledged on giving the pawner reasonable notice of the sale. in the instant case, under order dated ..... passed in the petition. he therefore submitted that the bank should recover the said amount by following due process of law. section 176 of the indian contract act, 1872 reads as under:-section 176:- pawnee's right where pawnor makes default- "if the pawnor makes default in payment of the debt, or pefrormance, ..... court, after exhaustively considering the earlier judgments dealing with the right of the pledgee in the light of sections 172 to 176 of the indian contract act, 1872 has held that there cannot be any doubt that the rights of the bank over the pawned sugar has precedence over the claims of the ..... the apex court has exhaustively considered the earlier judgments dealing with the right of the pledgee in the light of sections 172 to 176 of the indian contract act, 1872. the apex court considered the following judgments:- (1) lallan prasad v/s.rehmat ali, air 1967 sc 1322, (2) bank of bihar v/ ..... by the kolhapur district central co-operative bank limited (for short "bank), a federal society under the provisions of of the maharashtra co-operative societies act, 1960 praying for directions against the respondent nos.1 to 4, (respondent no.1-the state of maharashtra, respondent no.2-the commissioner of .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-25-2011
..... shows that there was no novation as accepted and/or intended at least by the respondents at any point of time. section 62 of the contract act, 1872 contemplates that any novation or recession and/or alteration of contract can be done only with the agreement of both the parties. it cannot be unilateral. the aspect of execution of bond in favour of the ..... placed on record to justify the same. mere allegations and assertions are not sufficient. i am inclined to observe that the reasoning with regard to the point of novation of contract itself sufficient to reject the objection based upon this doctrine. this doctrine requires specific pleading as well as supporting evidence. it is not a pure question of law specifically when ..... law of limitation. (b) the customs authorities are not necessary party. therefore, the claim petition cannot be dismissed for non-joinder of necessary party. (c) the defence of novation of contract as raised by the respondents is rejected. (d) the issue of estoppal/doctrine of legitimate expectation as raised by the respondents are rejected. (e) in conclusion, the arbitrator held that ..... judgment no.630 of 2003 in summary suit no.330 of 2003 by invoking section 34 of the arbitration and conciliation act, 1996 (for short, the arbitration act). 2. the relevant events and dates are as under : the petitioners entered into a contract with philip lighting b.v., netherlands to purchase the machines for manufacture of compact fluorescent lamps (cfl). the machines shipped .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-23-2011
..... achieving both its goals."21. it is also required to be noted that the agreements were already there on the record of the respondent board. section 17 of the indian contract act, 1872 defines fraud. section 19 deals with voidability of agreement without free consent. the said section further provides for exception and it provides that if such consent was caused by misrepresentation ..... cannot be interpreted as being meant to apply to misrepresentation which is fraudulent within the meaning of section 17 of the 1 air 1978 patna 3342 air 1939 calcutta 473 contract act. he submits that the phrase 'fraudulent within the meaning of s. 17" applies to the preceding word 'silence' exclusively, and not to the word 'misrepresentation'.23.3. mr. dada ..... case of life insurance corporation of india vs. baidyanath singh and others1 wherein it has been held that the word 'fraudulent' mentioned in the exception to section 19 of the contract act only qualifies 'silence' and not misrepresentation. in other words, if the consent has been obtained by misrepresentation or by silence, which is fraudulent within the meaning of section 17 then ..... comes into play. it shall not apply to misrepresentations which are fraudulent within the meaning of section 17 of the contract act. all misrepresentations are not necessarily fraudulent.23.2 referring to the meaning of fraud as defined in section 17 of the contract act, mr. dada has also relied upon the decision of the calcutta high court in the case of john minas .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-30-2011
..... v. arctic india & as under:- anr.1 "48 the submission, therefore, so raised by the learned counsel based upon sections 7, 8 and 32 of the indian contract act, 1872 revolving around the principle of concluded contract or accepted with material alteration by the second party are of no assistance in view of the facts and circumstances of the case itself, specially when admittedly ..... of acceptance of my/our offer for this work. (condition "c" of form-iii page 20 of tender document). 4 admittedly, no formal document/contract was executed, but the parties pursuant to the acceptance letter had acted upon and proceeded. 5 the respondent inspected the site of work on 26 december 2003 in pursuance to the letter of acceptance. the area of ..... u.p. & ors. v. combined chemicals company private limited, has considered very aspect of 2 "tender", "offer" and "acceptance" as contemplated under the contract 1 2011(3) bom.c.r. 647 2 (2011) 2 s.c.c. 151 act. it is observed that merely because the agreement was not specifically executed, that itself is not sufficient to hold that there exists no ..... contract between the parties; on merits directed the arbitrator/ court to reconsider the claims. 14 the reliance of the petitioner on state of punjab and .....Tag this Judgment!
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, .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Sep-28-2011
..... learned counsel for the petitioner emphasised on the explanation which states that 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, then this cannot be considered as a valid compromise. considering ..... the terms of the compromise entered into by the parties and recorded by the court, this compromise or an agreement is not a void or voidable under the indian contract act ..... and, therefore, explanation is not applicable to it. the amendment enables a compromise entered into between the parties is as per their satisfaction, free will and agreement, executable even though not covered under the statutory provision of section 16 of the maharashtra rent control act. 14. ..... of the compromise, which is recorded by the court is to be honoured by the parties. 16. thus, there is no bar on parties contracting out compromise under order 23 rule 3 of the code of procedure, even for vacating the rental premises and consequential eviction on failure to vacate the ..... was not maintainable under section 96 (3) of the code of civil procedure. this is so because a consent decree is nothing but a contract between the parties superimposed with the seal of approval of the court. in the said appeal, the court held that when the decree is .....Tag this Judgment!