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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: patna Page 1 of about 1,049 results (0.037 seconds)

Jan 03 2006 (HC)

i.B.P. Company Ltd. and ors. and Amarnath Singh Vs. Ramashish Prasad S ...

Court : Patna

..... been fulfilled. in order to arrive at the finding that the parties had arrived at any contract, i would like to refer section 2(a), (b), (e), (f), (g) and (h) of the indian contract act, 1872.section 2(a) runs as follows :-when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtaining ..... the assent of that other to such act or abstinence, he is said to make a proposal;section 2(b) runs ..... was ascertainable for which the plaintiff was entitled to bring suit for compensation and as such, under the provisions of section 14(1)(a) of the act the suit for specific performance of such type of contract is barred. in support of his argument, the learned advocate of the appellants has placed reliance upon the decision reported in air (29) 1942 lahore ..... . 1.19. according to the submission of the learned advocate of the appellants, section 10 of the specific relief act, 1963 lays down the principle where specific performance of contract can be enforced whereas section 14 of the act lays down the principle where contracts cannot be specifically enforced. he submitted that according to the pleading of the plaintiffs, the case of the plaintiffs .....

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Mar 28 2003 (HC)

Smt. Sita Devi Vs. the Bihar State Financial Corporation and ors.

Court : Patna

..... adjusted against the dues with regard to the unit? to my mind the answer to this question is to be found in certain provisions of the indian contract act, 1872. section 18(1) of the act defines 'misrepresentation' as follows: '18. (1) the positive assertion, in a manner not warranted by the information of the person making it, of ..... must go towards the repayment of the loan. 3. the stand taken by the corporation plainly appears to this court to be contrary to the provisions of the contract act. but in order to properly appreciate the case, it would be necessary to take note of some basic facts which may be stated in brief as follows. ..... aftab alam, j. 1. the indian contract act is indeed an old act of 1872. but that does not mean that its provisions have become otiose or are un-enforceable. the bihar state financial corporation does not seem to realise ..... loanees/ guarantors by any unlawful means and to retain it on the plea of recovery of its loan. a large number of loaness may act in derogation of the terms of the contract but that would not justify the corporation to try to recovery its loans by taking recourse to unlawful means. viewed thus from any angle, ..... is as follows : '19. voidability of agreements without free consent.--when consent to an agreement is caused by coercion, fraund or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.' 'a party ................' 13. i have, therefore, no hesitation in holding that it was .....

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Dec 10 2004 (HC)

Sukilal Mistri and ors. Vs. Harilal Mistri

Court : Patna

..... opposite party further relies upon on the explanation as provided under order xxiii rule 3, cpc that an agreement of 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.7. after hearing the learned counsel for the parties and after perusing materials on record, it .....

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Dec 05 2005 (HC)

Ragjawa Narayan Mishra Vs. Chief Executive Officer, Bihar Rajya Khadi ...

Court : Patna

..... , as to who is the competent to contract. section 11 of the said act reads herein as under: who are competent to contract.- every person is competent to contract who is of the age of majority ..... according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting ..... contract. once, a person is validly entered into the service of the government he is offered the contractual and statutory protection and the initial entry in the service always is the outcome of the contractual relationship. who would be competent to contract? it has been provided in section 11 of the indian contract act, 1872 ..... a whole day.16. be that as it may, one thing is certain that admittedly both the petitioners when they entered into the contract with the respondent board they had not attained the age of majority. apart from its legal impact and effect, the ramifications and end result ..... in, so far as, the competence for a valid contract in terms of the age is concerned, one has to attain the age of majority and majority obviously would be according to law. the provision of section 3 of the majority act, 1875, clearly provides as to what is the age .....

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Oct 18 2005 (HC)

Guru Charan Singh and ors. Vs. Mahatam Singh and anr.

Court : Patna

..... the question, unless the 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 decree on the ground ..... the parties have arrived at an adjustment in a lawful manner. the explanation made it clear that an agreement or a compromise which is void or voidable under the indian contract act shall not be deemed to be lawful within the meaning of the said, rule. having introduced the proviso along with the explanation in rule 3 in order to avoid multiplicity ..... an order passed with regard to adjustment of compromise under order xliii rule (1)(m) of the code, now after amendment of the code, by code of civil procedure (amendment) act, 1976 (act no. 104 of 1976), the same has been deleted and order xliii rule 1-a , sub-rule (2) has been inserted which provides that in an appeal against a ..... (supra). in this connection it is relevant to mention paragraph 7 of the judgment.by adding the proviso along with an explanation the purpose and the object of the amending act appears to be to compel the party challenging the compromise, to question the same before the court which had recorded the compromise in question. that court was enjoined to decide .....

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Nov 30 2006 (HC)

Smt. Madhuri Devi and ors. Vs. Bihar State Housing Board and ors.

Court : Patna

..... by and between the petitioners and the board in relation thereto, is vitiated by reason of misrepresentation made by the board.8. section 18 of the indian contract act, 1872 defines misrepresentation, as, amongst others, a positive assertion in a manner not warranted by the information of the person making it of that which is not true, though he believes ..... contract or to call upon the party, who made the representation to perform the contract and to put him in the same position in which he would have been ..... to obtain refund of all moneys that they have paid on account of the first contract. that appears to be the right conferred on the petitioner in terms of the general law laid down in the indian contract act, 1872.11. if the petitioners have any other right given to them by any special enactment, of course, the matter is different. in the instant ..... assertion made by it in the allotment letter issued to the petitioners was not true. the first contract inter se the board and the petitioners pertaining to the said plot of land is, therefore, vitiated by misrepresentation. when consent to a contract is obtained by misrepresentation. section 19 of the indian contract act, 1872 authorises the party, whose consent was so obtained, to avoid the .....

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Oct 10 1996 (HC)

Sheo Ratan Prasad Gupta Vs. Smt. Prema Devi and ors.

Court : Patna

..... the question, unless the court, for reasons to be recorded, thinks fit to grant much 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.)8. it is the submission of mr. debi prasad for and on behalf of the appellant ..... challenging the same on flimsy ground without giving any particulars regarding the so called inducement, coercion, mis-representation, fraud etc. by referring to section 15 and 16 of the indian contract act, his submission is that when there is no particulars regarding the coercion and inducement and simply by saying that coercion was there, the same can not made maintainable for the ..... filed by the plaintiff-appellant before the lower court on 6.5.92?3. whether the compromise petition is illegal and barred due to voidableness and as per the indian contract act?4. whether the learned court below committed error in accepting the compromise petition without giving any opportunity to the plaintiff-objector to substantiate his objection regarding facts and legality for ..... remain for allegations' sake only. in the nature and circumstances of the present case, it could be found that such high-sounding words as incorporated as definited under the indian contract act and used by the plaintiff-appellant in his objection petition and the rejoinder to it only with ulterior motive and delay the disposal for he matter which had already been .....

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Jun 28 2004 (HC)

NaraIn Industries Through Its Proprietor Shri Nag NaraIn Singh Vs. Dia ...

Court : Patna

..... that the dispute between them shall be tried in any one of such courts is not contrary to public policy and in no way contravenes section 28 of the indian contract act, 1872. the supreme court has also observed that by an agreement the parties cannot confer jurisdiction on a court which otherwise does not have jurisdiction to deal with the matter. it ..... that the dispute between them shall be tried in any one of such courts is not contrary to public policy and in no way contravenes section 28 of the indian contract act, 1872. therefore, if on the facts of a given case more than one court has jurisdiction, parties by their consent may limit the jurisdiction to one of the two courts. but ..... or which may arise between them in respect of a defined legal relationship, whether contractual or not. sub-section (2) of section 7 of the act provides that an arbitration agreement may be in the contract itself or may be a separate agreement. an arbitration agreement has to be in writing and if the arbitration agreement is contained in some other documents ..... arbitration agreement would survive and clause 33 would automatically lapse. in my humble opinion, a fair understanding of section 16(1)(a) of the act would simply mean that on termination of the agreement/contract an arbitration agreement would still survive but it would not mean that the terms which affect jurisdiction of the courts and the jurisdiction of the arbitrator would .....

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Aug 07 1997 (HC)

Saitun Nisa Vs. Triloki Vishwakarma Alias Triloki Mistri

Court : Patna

..... 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 such compensation in his plaint:provided that where the plaintiff has not claimed any such ..... to the plaintiff in a suit unless it has been specifically claimed therein. there is no provision under the specific relief act which debars the plaintiff to challenge the decree in appeal refusing to grant relief for specific performance of contract for the transfer of immovable property in case decree for alternative relief is granted.15. learned counsel for the respondent mainly ..... be without prejudice to its powers to award compensation under section 21.from plain reading of section 21 of the act it is clear that the plaintiff is required to claim an alternative relief for compensation or damages for the breach of contract. sub-section (5) of section 21 makes it clear that the court shall not grant' such relief unless it ..... relief which has been refused by the court. for better appreciation sections 21 and 22 of the specific relief act are worth to be quoted hereinbelow:21. power to award compensation in certain cases.--(1) in a suit for specific performance of contract, the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance .....

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Jun 28 2004 (HC)

Commissioner Customs Department Vs. Smt. Nirmala Mitra

Court : Patna

..... court must look intothe language of old section 29 and section 29, as contained in 1963 act. newold'29.savings.- (1) nothing in this actshall affect sec. 25 of the indian contract act, 1872 (10 of 1872).'29.savings.- nothing in this act shall affect sec. 25 of the indian contract act. 1872.(2)where any special or local law prescribes for any suit, appeal or application a ..... made after the prescribed period shall be dismissed although limitation has not been set up as a defence. the period of limitation is prescribed under different articles, appended to the act, itself. the words 'prescribed period' have been substituted for the words in the repealed section 'after the period of limitation prescribed therefor by the first schedule.' the term ' ..... their trial. the supreme court, however, observed in the matter of vidyacharan shukla v. khubchand and ors. : [1964]6scr129 , that under section 116a(2) of the representation of people act, the appeal, by fiction, is equated with an appeal filed under the civil procedure code, in the matter not only of exercise of powers, jurisdiction and authority but also in the matter ..... observed that it is merely advisory or consultative jurisdiction while appeals are kept pending before tribunal. the supreme court further observed that the high court has some inherent powers to act ex debito justitiae and to do real and substantive justice but such power relates to matters of procedure and substantive rights of the parties. in the said matter, the .....

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