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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: patna Year: 2011 Page 1 of about 18 results (0.030 seconds)

Mar 11 2011 (HC)

Md. Mumtaz Ahmad Qaisar and anr. Vs. Md. Mozahir Imam Plaintiff .

Court : Patna

Decided on : Mar-11-2011

..... should have allowed the appellants to participate in the suit after accepting the written statement already filed as the suit was for specific performance of contract. the plaintiff was praying for discretionary relief from the court and the suit was not in the nature of general suit. while considering the ..... the property. hence, the learned court below has rightly found that the plaintiff was always and is still ready to perform his part of the contract. according to the learned counsel, there is no illegality in the impugned judgment and decree and therefore, the first appeal is liable to be dismissed ..... i, biharsharif, nalanda in title suit no.162 of 2004. (2) the plaintiff-respondent filed the aforesaid title suit for specific performance of contract dated 21.07.2004 alleging that the defendants-appellants were in need of money so, they decided to sell the suit house. the negotiation was ..... 17 has held as follows:"17. in the facts and circumstances of the case, the maxim of equity, namely, actus curiae neminem gravabit- an act of court shall prejudice no man, shall be applicable. this maxim is founded upon justice and good sense which serves a safe and certain guide ..... humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justitiae where the tragic sequel otherwise would be wholly inequitable justice is the goal of jurisprudence-processual, as much as substantive."30. it .....

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Mar 11 2011 (HC)

Md. Mumtaz Ahmad Qaisar, and anr. Vs. Md. Mozahir Imam Plaintiff .

Court : Patna

Decided on : Mar-11-2011

..... should have allowed the appellants to participate in the suit after accepting the written statement already filed as the suit was for specific performance of contract. the plaintiff was praying for discretionary relief from the court and the suit was not in the nature of general suit. while considering the ..... the property. hence, the learned court below has rightly found that the plaintiff was always and is still ready to perform his part of the contract. according to the learned counsel, there is no illegality in the impugned judgment and decree and therefore, the first appeal is liable to be dismissed ..... i, biharsharif, nalanda in title suit no.162 of 2004. (2) the plaintiff-respondent filed the aforesaid title suit for specific performance of contract dated 21.07.2004 alleging that the defendants-appellants were in need of money so, they decided to sell the suit house. the negotiation was ..... 17 has held as follows:"17. in the facts and circumstances of the case, the maxim of equity, namely, actus curiae neminem gravabit- an act of court shall prejudice no man, shall be applicable. this maxim is founded upon justice and good sense which serves a safe and certain guide ..... humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justitiae where the tragic sequel otherwise would be wholly inequitable justice is the goal of jurisprudence-processual, as much as substantive."30. it .....

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Nov 30 2011 (HC)

Sateyendra Kumar @ Rajeev Ranjan and Others Vs. Most. Shakuntala Kumar ...

Court : Patna

Decided on : Nov-30-2011

..... has held:- 36. question as to whether a compromise is void or voidable under the indian contract act or any other law for the time being in force, would have, thus, to be determined by court itself. once it is held that the agreement ..... has been entered between the parties that court has to decide whether the agreement or compromise in question was lawful and not void or voidable under the indian contract act the apex court in a later decision, while reiterating the same view in (dwarika prasad agrawal vs. b.d. agrawal) 2003 (6)scc 230 ..... from which the representations proceeded may not have been bad. it has been further observed: an act of fraud on court is always viewed seriously. a collusion or conspiracy with a view to deprive the rights of the others in relation to ..... follows:- 18. a fraudulent misrepresentation is called deceit and consists of leading a man into damage by willfully or recklessly causing him to believe an act on falsehood. it is a fraud in law if a party makes representations which he knows to be false, and injuries ensue therefrom although the motive ..... vexatious and tiring litigation while challenging a compromise decree. 7.by adding the proviso alongwith an explanation the purpose and 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 .....

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May 16 2011 (HC)

Ram Chandra Prasad Defendant Vs Smt. Mina Devi Plaintiff

Court : Patna

Decided on : May-16-2011

..... in the suit house he is residing with his family, therefore, granted the alternative relief instead of granting the relief for specific performance of the contract.7.the plaintiff is satisfied with this decree whereby alternative relief has been granted. however, the defendant has field this first appeal challenging that part ..... the fact that the learned court below has not granted the relief for specific performance of contract. however, according to the learned counsel the exact wording mentioned in section 16(c) of the specific relief act is not required to be pleaded. the intention of the parties can be seen from the ..... that there is no pleading in terms of section 16 (c) of the specific relief act. moreover, the learned court below has not granted the main relief i.e. relief for specific performance of the contract dated 22.12.1999 ext.3. the learned counsel for the appellant submitted that when the ..... of the contention of the appellant. section 16(c) of the specific relief act do not bar the institution of the suit. it is only a personal bar against the plaintiff to a relief for specific performance of a contract. therefore, it cannot be said that the suit is not maintainable. i ..... suit itself was not maintainable for want of pleading as require under section 16(c) of the specific relief act there was no question of granting the alternative .....

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May 16 2011 (HC)

Ram Chandra Prasad Vs. Smt. Mina Devi

Court : Patna

Decided on : May-16-2011

..... in the suit house he is residing with his family, therefore, granted the alternative relief instead of granting the relief for specific performance of the contract. 7. the plaintiff is satisfied with this decree whereby alternative relief has been granted. however, the defendant has field this first appeal challenging that ..... the fact that the learned court below has not granted the relief for specific performance of contract. however, according to the learned counsel the exact wording mentioned in section 16(c) of the specific relief act is not required to be pleaded. the intention of the parties can be seen from the ..... that there is no pleading in terms of section 16 (c) of the specific relief act. moreover, the learned court below has not granted the main relief i.e. relief for specific performance of the contract dated 22.12.1999 ext.3. the learned counsel for the appellant submitted that when the ..... of the contention of the appellant. section 16(c) of the specific relief act does not bar the institution of the suit. it is only a personal bar against the plaintiff to a relief for specific performance of a contract. therefore, it cannot be said that the suit is not maintainable. i ..... suit itself was not maintainable for want of pleading as require under section 16(c) of the specific relief act there was no question of granting the alternative .....

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Dec 14 2011 (HC)

M/S. Hpcl Biofuels Ltd, and Another Vs. the Saraswati Industrial Syndi ...

Court : Patna

Decided on : Dec-14-2011

..... the state government is entitled to recover the entry tax on the goods brought in the local area as envisaged by the entry tax act. however, it does not make the state government a necessary party to the contract between two private parties. in the present case the state government has recovered the amount of entry tax from the appellant, the importer ..... around the construction of the terms and conditions of the contract as to who will bear the burden of the entry tax. may be, under the entry tax act it is the importer who is liable to pay such tax to the state government, the parties to the agreement may still ..... under the bihar tax on entry of goods in the local areas for consumption, use or sale therein act, 1993 (hereinafter referred to as the entry tax act). the petition was contested by the appellant. according to the appellant, the appellant has entered into a contract with the firm for installation and commission of a sugar mill in the state of bihar. the ..... of the goods. neither the provisions contained in the entry tax act nor the conduct of the appellant in paying the entry tax as required, precludes the appellant from claiming that under the terms and conditions of the contract the amount of entry tax was payable by the firm. as it is apparent, the dispute revolves .....

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Aug 19 2011 (HC)

Shiva Shankar Verma and ors. Vs. the State of Bihar Through Vigilance ...

Court : Patna

Decided on : Aug-19-2011

..... business as also the norms of their own conduct as public servants so as to indulging into misappropriation of public fund and corruption in grant of contracts or in execution of the schemes. one need not site examples. one could find such involvements, both in past as also in the present ..... constituting the "reasons to believe" has never to be such as could require the application of rules of evidence contained in the indian evidence act for acting upon it, rather could be mere facts alleged or appearing from the admitted or acceptable documents which could raise a probability making some one ..... sources of his income. 4. it was stated by the state of bihar in its petition under section 13 of the bihar special courts act, 2009( act in short) that during search operations on 6.7.2007 in connection with the above noted case, cash of rs. 1,64,990/- ..... corruption was prevailing amongst persons holding public office who were the public servants within the meaning of section 2(c ) of the prevention of corruption act. it was also perceived that such public servants had accumulated vast property, disproportionate to their known sources of income by resorting to corrupt means and ..... as delhi special police establishment act was enacted. corruption at its initial stage was confined mainly to the bureaucracy which had the opportunity of dealing with a variety of such largesse in the form of contracts, licenses and grants. even after the war and efforts as above, corruption continued amongst the .....

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May 17 2011 (HC)

Bihar State Electricity Board Vs. Regional Provident Fund Commissioner ...

Court : Patna

Decided on : May-17-2011

..... exempted from the operation of the provisions of the scheme is wholly misconceived. 7. learned counsel for the respondents further submitted with reference to the provisions of the contract labour (regulation and abolition) act, 1970 and the bihar rules framed thereunder that in terms of rule 72, 73 of the aforesaid rules, it is the duty of the principal employer to ensure ..... court in the case of maharashtra state cooperative bank limited v. assistant provident fund commissioner and others, reported in (2009) 10 supreme court cases 123, paragraph-30 and submitted that act of social welfare legislation intended to protect the interest of the weaker section of the society i.e. the workers employed into factories and other establishments, it is imperative for ..... that the workers supplied by the contractor(s) to the different establishments of the board are also entitled to the benefits in the light of the scheme framed under the act. the contribution made by the workers together with the contribution of the employer (contractor) is required to be deposited by the contractor with the provident fund authorities after obtaining a ..... the board even after submission of the list for the entire assessment period. the assessing authority while determining the amount due from the employer under section 7-a of the act is required to identify the workmen who have served the employer during the period of assessment. from the assessment order it does not appear that the workers have been identified .....

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Oct 19 2011 (HC)

Mostt. Dularo Devi and Others Vs. Mostt. Asturna Devi and Others

Court : Patna

Decided on : Oct-19-2011

..... reason why such sanction should not be granted. after making the said observations, the privy council held that in those circumstances the court had jurisdiction to enforce the contract under the specific relief act, 1877 and order 21, rule 35 of the code of civil procedure, 1908 by a decree ordering the vendor to apply for sanction and to execute a conveyance ..... enforced specifically. on these grounds, the learned counsel submitted that the impugned judgment and decrees are liable to be set aside and the plaintiffs suit for specific performance of contract be dismissed. (7) on the other hand, the learned counsel for the plaintiffs-respondents submitted that the learned court below has considered all the evidences materials produced before the ..... the chakbandi officer but the plaintiffs never took any step for obtaining permission and, therefore, the plaintiffs were never ready and were not willing to perform their part of the contract. according to the learned counsel, unless permission is given, no sale deed could have been executed and, therefore, the so called agreement could not have been directed to be ..... ? ii. whether the plaintiffs were always ready and are still ready and willing to perform their part of the contract? iii. whether the agreement is contingent agreement and whether it can be enforced specifically without the permission of competent authority under consolidation act? point no.1. (9) as stated, the plaintiffs case in short is that agreement was executed on 10 .....

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Feb 25 2011 (TRI)

National Insurance Company Ltd. Vs. Basant Bihari Singh

Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna

Decided on : Feb-25-2011

..... valid agreement between the insurance company and transferee regarding transfer of vehicle. the insurance company and the owner of the vehicle are bound by terms and conditions of the contract and a contract can only be presumed between the owner of the vehicle and the insurance company on the date when such accident took place. the respondent-complainant was not the owner ..... of the respondent is concerned, admitted position is that the name of the respondent was not transferred as owner of the said vehicle. so, there cannot be any presumption of contract between the insurance company and the owner-respondent and as such, the respondent cannot claim any compensation from the insurance company. 5. the learned counsel for the respondent has submitted ..... ) acc 536 (sc)=air 1996 sc 586, wherein it has been held that liability of the insurance company is limited in view of provision under section 157 of the insurance act. 9. reading together the aforesaid decisions relied upon by the appellant, it is clear that in such situation with which we are confronted here the subsequent purchaser of the vehicle .....

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