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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: rajasthan Page 1 of about 7,884 results (0.127 seconds)

Feb 27 1980 (HC)

Hukmi Chand Vs. Jaipur Ice and Oil Mills Co. and ors.

Court : Rajasthan

Reported in : AIR1980Raj155; 1980()WLN200

..... reasonable or not, we will like to deal with the law codified in section 27 of the indian contract act, 1872 (hereinafter referred to as the contract act) and sections 36, 54 and 55 of the indian partnership act, 1932 (hereinafter referred to as the partnership act).section 27 -- agreement in restraint of trade void. -- every agreement by which any one is ..... suchpartner will not carry on businesswithin specified local limits, and, notwithstanding anything contained insection 27 of the indian contract act,1872, such agreement shall be valid ifthe restrictions imposed are reasonable. 9. a perusal of section 27 of the contract act will show that it makes every agreement by which anyone is restrained from exercising a lawful profession, trade or ..... the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable. section 54 -- partnership act.partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of ..... specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable. section 55 -- partnership act.(1) in settling the accounts of a firm after dissolution the goodwill shall, subject to contract between the partners, be included in the assets, and it may be sold .....

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Oct 22 1984 (HC)

Malu Khan Lalu Khan Vs. Commissioner of Income-tax

Court : Rajasthan

Reported in : [1986]157ITR457(Raj)

..... of the rajasthan excise rules, 1956, a firm valid in law has not come into existence in view of the provisions of section 23 of the indian contract act, 1872, and that, therefore, the benefit of continuation of registration could not be allowed to it in respect of the assessment year 1968-69? 4. whether, ..... rule 63 of the rajasthan excise rules, 1956, a firm valid in law has not come into existence in view of the provisions of section 23 the indian contract act, 1872 ? 2. if the answer to the aforesaid question is in the affirmative, whether, on the facts and in the circumstances of the case, the tribunal ..... had shown himself as major knowing fully well that he is a minor. this he did so in order to obtain the contract from the excise department.14. section 23 of the indian contract act, 1872, lays down what considerations and objects are lawful and what are not lawful. it is as under :' section 23. the ..... on account of violation of rule 63(4) of the excise rules, a valid firm has not come into existence in view of section 23 of the contract act.re. question no. 2 :19. as question no. 1 has been answered in the affirmative, for the very same reasons, it follows that the tribunal ..... 'partners' and collectively 'a firm'. it is, therefore, clear that a partnership is the result of a contract between the partners. section 11 of the contract act provides that 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 .....

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Feb 03 2005 (HC)

State of Rajasthan and ors. Vs. Nathu Lal

Court : Rajasthan

Reported in : AIR2006Raj19; IV(2005)BC475; RLW2005(2)Raj1336; 2005(3)WLC341

..... or instrument as the amount to be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the indian contract act, 1872 be recovered from him in case of such breach, as if it were an arrear of land revenue.'16. on a plain reading of section 85 ..... breach of conditions, the same could be recovered as arrears of land revenue notwithstanding section 74 of the indian contract act.17. it may be pointed out that so far section 74 of the contract act is concerned, its effect and operation is that even if a sum is named in the agreement as payable ..... arise only in case of breach having been established.19. exclusion of section 74 of the indian contract act only means that in case of breaking of a contract, the liability of the party who has broken the contract would not be restricted to 'reasonable compensation' as envisaged by section 74. obviously therefore, in case ..... anr., air 1955 rajasthan 87.18. viewed in the light of the aforesaid principles emanating from section 74 of the contract act, when read in the context of section 85 of the rajasthan forest act, in our opinion, the requirement for the complaining party i.e. the government of establishing the sum named in the ..... refers to the offer made by the petitioner. we are further of opinion that the appellants were not entitled to act in an arbitrary manner in the matter of award of contract also and could not have kept the petitioner waiting for an abnormally long time after 22.2.1973, when in the .....

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Dec 11 1991 (HC)

Vijay Singh Amar Singh and Co. Vs. Hindustan Zinc Limited and ors.

Court : Rajasthan

Reported in : AIR1992Raj82; 1992(1)WLC405; 1991WLN(UC)378

..... scc 156 : (air 1986 sc 1571), the matter for consideration before the supreme court was: whether the unconscionable term in a contract of employment is void under section 23 of the indian contract act, 1872, as being opposed to public policy? the apex court, after considering the law on the point, held that clause (i) of ..... rule 9 of the service discipline and appeal rules, 1979, of the central inland water transport corporation, is void under section 23 of the contract act as being opposed ..... employee of one of the parties. clause 9 of the agreement does not fall within any of the categories enshirned in section 23 of the indian contract act, on the basis of which theagreement in question may be declared as unlawful. the plaintiff, by way of agreement, accpeted the mode of arbitration for ..... law or is fraudulent or involves injury to the person or property of another. in the light of the provisions of section 23 of the indian contract act, it has to be seen : whether the present clause 9 of the agreement is unconscionable or unreasonable and as such is void. it is ..... if the arbitrator so appointed is an employee of the hindustan zinc. limited, is unconscionable and void. according to section 23 of the indian contract act, an agreement is lawful unless it is forbidden by law or it is immoral or opposed to public policy or is of such a nature .....

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May 22 2006 (HC)

Bhagwati Enterprises Vs. Rajasthan State Road Transport Corporation an ...

Court : Rajasthan

Reported in : AIR2006Raj233

..... further performance?11. as per section 2(h) of the indian contract act, 1872 (for short 'the act') an agreement which is enforceable by law is a contract. in order to be a contract, there should be an agreement which is a bilateral transaction. section 10 of the act provides that all agreements are contract if they are made by the free consent of parties competent to ..... entering into the contract with the board had not taken place.17. in rickmers verwaltung gimbh v. indian oil corporation ltd. : ..... indicated thus (para 16):16. since the tenders - the source of the contract between the parties - had not transformed into a contract, even if the proposal and counter-proposal are assumed to be constituting an agreement, it is a contingent contract and by operation of section 32 of the contract act, the counter-proposal of the respondent cannot be enforced since the event of ..... air1999sc504 it was held that where there was no concluded and binding contract between the parties, clause of charter party .....

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Apr 28 2005 (HC)

Lrs of Bhinva Ram Vs. Sohan Ram

Court : Rajasthan

Reported in : RLW2005(4)Raj2433; 2005(4)WLC34

..... such 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.(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 compensation ..... defendant can show that the agreement is not enforceable by law and is not a contract (vide section 2 and 10, indian contract act).42. section 10 of the act provides for the cases in which specific performance of contract is enforceable and a look at the same makes it clear that subject to other provisions, where any non-performance by a person having any ..... section 16 is. the court must further be satisfied (vide clause b) that the conduct of the plaintiff has not been hostile to the contract and he has never acted at variance with the contract. his commitment to the contract has to be clear and absolute.44. clause (c) of section 16 puts another personal bar on a plaintiff to obtain specific performance if ..... . g. gopalkrishna : : air2004sc3504 , the hon'ble supreme court has again laid down the law in no uncertain terms that,-'section 16(c) of the specific relief act lays down that specific performance of a contract cannot be enforced in favour of a person who fails to aver and prove that he has performed or has always been ready and willing to perform .....

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Oct 03 1971 (HC)

Devilal Vs. Himat Ram and ors.

Court : Rajasthan

Reported in : AIR1973Raj39

..... air 1961 raj 223).order 30, rule 4. civil p. c. provides as follows:--'4. (1) notwithstanding anything contained in section 45 of the indian contract act, 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 persons dies, whether ..... 801 and maung mu v. maung kan gvi. air 1924 rang 127. it may be pointed out that under section 44 of the indian contract act where two or more persons have made a ioint promise, a release of one of such joint promisors by the promisee does not discharge theother ..... have full application even when the erstwhile partners are being sued. the case may not be literally covered by section 47 of the indian partnership act, but regard being had to the principle contained therein, there should be no difficulty in holding that the surviving partners even after dissolution represent the ..... defendants effectively represent the interest of the deceased partner himmatram? in this connection attention may be invited to section 47 of the indian partnership act of 1932 which lays down that after the dissolution of a firm the authority of each partner to bind the firm, and the other ..... contract was sanctioned by the city corporation of udaipur in the names of defendants himmatram and narottam swaroop only. it is further borne out from the allegations contained in the plaint and admitted by the defendants that while entering into a subcontract with the plaintiff-appellant devilal, the defendant kanaiyalal acted .....

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Jan 12 2005 (HC)

Aksh Optifibre Ltd. Vs. ShIn Etsu Chemical Co., Ltd. and anr.

Court : Rajasthan

Reported in : 2005(2)ARBLR366(Raj); RLW2005(2)Raj1000; 2005(2)WLC66

..... issue as to when does an agreement become null and void is dealt with under sections 24 to 30 of the indian contract act, 1872. after referring the aforesaid provisions of the contract act, in support of his submissions, he placed reliance on the judgment rendered in case of state of orissa v. klockner ..... arbitral awards made in the signatory countries. this convention also made provisions with regard to the roles and powers of national courts of the contracting state is the mailers in respect of which the parties have made an agreement relating to arbitration.31. on 13.7.1990, india ..... force-majeure clause of the agreement. subsequently, by their letter dated 30th may, 2002, the petitioners sought absolution from their obligation to lift the contracted quantity of perform of the month of june, 2002. by their communication dated 8th august, 2002, the petitioner again requested respondent no. 1 ..... convention countries, therefore, the provisions of section 8 has no application where the parties to the agreement belongs to the countries which are contracting states under the new york convention.2. learned counsel for the petitioner submits that section 45 begins with a non-obstante clause and expressly ..... , legal matters are entirely different.29. heard rival submissions of the respective parties and perused the relevant provisions of the arbitration and conciliation act, 1996 as well as the judgments referred by the parties.30. it is not disputed by the respective parties that on 10.6.1958 .....

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Sep 20 2004 (HC)

Smt. Amina Begum Vs. Mohd. Ramzan and ors.

Court : Rajasthan

Reported in : AIR2005Raj96; 2004(4)WLC540

..... question raised by the parties. the explanation appended to rule 3 of order 23 further specifically provides that an agreement or compromise which is void or voidable under the indian contract act, 1872 shall not be deemed to be lawful within the meaning of this rule. contrary to it, rule 1 of order 23 permits the plaintiff to abandon his claim against all ..... the suit?12. learned counsel for the petitioner vehemently submitted that the power of attorney is a general power of attorney and, therefore, the power of attorney had right to act on behalf of the plaintiffs for all purposes, which includes either to proceed with the suit or to withdraw the suit. it is also submitted that the word has been .....

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Mar 26 1999 (HC)

Pyare Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1999(3)WLC148; 1999(1)WLN400

..... the university of rajasthan in exercise of its power under the university of rajasthan act, 1946 also attract the provisions of section 23 of the contract act 1872. it is held that as subsequent contract dated 13.8.1984 annx.4 involves contravention of the provisions of statutory ordinance ..... 67a, therefore, it is per se illegal and the said agreement between the parties stipulating 58 years age of superannuation of the petitioner is to be deemed to be forbidden by law within the meaning of section 23 of the contract act ..... initio being in contravention of statutory ordinance 67a and it also attracts violation of mandatory provisions envisaged under section 23 of the contract act, therefore, it cannot be allowed to supersede the earlier statutory agreement dated 8.2.1973 annx. 1 prescribing 60 years age ..... ajmer.13. it is true that the statutory ordinance 68 provides that all teachers of affiliated college shall be appointed on written contract in proforma prescribed but that does not mean that such teachers have mere a contractual remedy against the respondents. on the other hand ..... to the university validly made by the university of rajasthan in exercise of its statutory powers conferred under the rajasthan university act, 1946 have force of law and these provisions create legal rights in favour of teachers of affiliated colleges to continue in .....

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