Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: supreme court of india Page 1 of about 46,508 results (0.173 seconds)

Apr 06 1986 (SC)

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)

..... that clause (1) of rule 9 of the 'service, discipline & appeal rules - 1979' of the central inland water transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the ..... by mutuality inasmuch as it conferred an equal right upon both parties to terminate the contract of employment, that the grounds which render an agreement void and unenforceable are set out in the indian contract act, 1872 (act no. ix of 1872), that unconsionability was not mentioned in the indian contract act as one of the grounds which invalidates an agreement, that the power conferred by rule ..... adjudged void. while the law of contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act which can apply is section 23 when ..... ' within the meaning of article 12 of the constitution? 2) whether an unconscionable term in a contract of employment is void under section 23 of the indian contract act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment entered into with a government company, is also void as infringing article 14 of the .....

Tag this Judgment!

Jan 28 2009 (SC)

Oriental Insurance Co. Ltd. Vs. Prem Printing Press

Court : Supreme Court of India

..... rejected the matter on the basis of their earlier view holding the concerned clause 7 in the policy to be void after the interpretation of section 28 of the contract act, 1872 ( for short `the act').2. learned counsel appearing for the appellant, shri mehra, tried to persuade us on the basis of few cases that the view taken on the interpretation of section ..... from this angle, the order of the national commission need not be interfered with. we, therefore, find it not necessary to go into the question of section 28 of the contract act. be that as it may, we find that the matter has no bearing, no merit and the appeal is, accordingly, dismissed.

Tag this Judgment!

Mar 21 1980 (SC)

Superintendence Company of India (P) Ltd. Vs. Sh. Krishan Murgai

Court : Supreme Court of India

Reported in : AIR1980SC1717; [1980(41)FLR137]; (1981)ILLJ121SC; (1981)2SCC246; [1980]3SCR1278

..... of another construction as being operative on termination, however, accomplished of the service e.g. by dismissal without notice, would, having regard to the provisions of section 27 of the contract act, 1872, try to preserve the covenant in clause 10 by giving to it a restrictive meaning, as implying volition i.e. where the employee resigns or voluntarily leaves the services. the ..... the 'test of reasonableness', as laid down by lord macnaghten in nordenfelt v. maxim nordenfelt guns sr. ammunition co ltd., supra, and is, therefore, enforceable despite section 27 of the contract act, 1872, and, secondly, that the word 'leave' in clause 10 of the agreement is wide enough to make the covenant operative even on the termination of employment i.e. it includes ..... to enforce the negative covenent can be granted under illustrations (c) and (d) to section 57 of the specific relief act, 1963, despite section 27 of the contract act, 1872 3. whether, and to what extent, the provisions of section 27 of the contract act are subject to the common law doctrine of restraint of trade 4. whether the word 'leave' in clause 10 of the ..... the case of dismissal. i am afraid, the contentions are wholly devoid of substance.24. while the contract act, 1872, does not profess to be a complete code dealing with the law relating to contracts, we emphasise that to the extent the act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles .....

Tag this Judgment!

Jan 11 1996 (SC)

State Bank of India Vs. Madras Bolts and Nuts (P) Ltd. and ors.

Court : Supreme Court of India

Reported in : [1998]93CompCas103(SC); (1998)8SCC433

..... the liability of defendants 3 and 4, is erroneous. mr. b.c. agarwala, learned counsel for defendants 3 and 4 has placed strong reliance on section 141 of the indian contract act, 1872. section 141, however, envisages a case where the liability of the surety is coextensive with the liability of the principal debtor. it provides that such a surety would be entitled ..... to the benefit of every security which the creditor had against the principal debtor at the time when the contract of suretyship was entered into. such is not the case here. moreover, the interpretation put on section 141 by the division bench, in our view, is not correct. 6. in .....

Tag this Judgment!

Mar 22 2006 (SC)

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

..... that it is recording only a prima facie finding that clause 31(b) of the agreement is void under section 27 of the indian contract act, 1872. it is pertinent to notice that ever since the rejection of the said interlocutory application on 19.12.2003, there has been no injunction ..... counsel, appearing for the appellant submitted that the high court has failed to appreciate the true legal meaning and effect of section 27 of the indian contract act, 1872. he submitted that an agreement of 'first option' or the 'right of first refusal' of the kind contained in the promotion agreement dated ..... the appellant - percept d. markr (india) pvt. ltd. and the respondent no. 1 - zaheer khan is void under section 27 of the indian contract act, 1872 has been in restraint of trade. it was submitted by learned senior counsel for the appellant - mr. ashok h. desai that the provision such as the ..... and the learned division bench found clause 31(b) to be void under section 27 of the indian contract act, 1872. mr. desai then argued the scope and effect of section 27 of the indian contract act, 1872. according to him, section 27 deals with restraint of trade and not with promotion or regulation of ..... nor the principle of restraint being partial is applicable, unless it falls within express exception engrafted in section 27.section 27 of the indian contract act, 1872 provides as follows:-27. agreement in restraint of trade, void. every agreement by which any one is restrained from exercising a lawful profession .....

Tag this Judgment!

Oct 28 1959 (SC)

Union of India (Uoi) Vs. Amar Singh

Court : Supreme Court of India

Reported in : AIR1960SC233; [1960]2SCR75

..... animals of goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. under s. 151 of the indian contract act, the bailee is bound to take such care of the goods bailed to him as a man of ordinary prudence ..... of animals or goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under s. 151, 152 and 161 of the indian contract act, 1872. section 148 of the indian contract act defines 'bailment' thus : 'a 'bailment' is the delivery of goods by one person to another for some purpose, upon a ..... contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering ..... would under similar circumstances take of his own goods of the same bulk, quality and value of the goods bailed; and under s. 152 thereof, in the absence of any special contract, he .....

Tag this Judgment!

Jan 22 2010 (SC)

Trimex International Fze Ltd. Dubai Vs. Vedanta Aluminium Ltd., India

Court : Supreme Court of India

Reported in : JT2010(1)SC474; 2010(1)SCALE574; (2010)3SCC1; 2010(2)LC655(SC)

..... . the acceptance conveyed by the respondent, which has already been extracted supra, satisfies the requirements of section 4 of the indian contract act 1872. section 4 reads as under:communication when complete-the communication of an acceptance is complete...as against the acceptor, when it comes ..... vedanta at 3:06 pm on 16.10.2007, it came to his knowledge that an irrevocable contract was concluded. apart from this, the mandate of section 7 of the indian contract act stipulated that an acceptance must be absolute and unconditional has also been fulfilled. it is true that ..... dresser rand s.a (supra) rejected the contention that the acceptance of a modification to the general conditions would not constitute the conclusion of the contract itself. on the other hand, in the present case, after the suggested modifications had crystallized over several emails. further in para 32 in dresser ..... [email protected]; venkateshwar raosubject: trimex-imported_5 shipments 1.docimportance : highattachments: trimex-imported_5 shipments 1.doc dear swayam, please find the draft contract with clarification on various points as discussed in meetings and on phone today.please confirm the same in order.best regardsswami.ac)annexure p-12from: rajesh ..... for the delay or cancellation of any or all shipment(s) under this contract will be fully guaranteed to us and that val will pay the amount without demur.matter urgent as we have to act fast before owners nominate any vessel.as far as rta is concerned we .....

Tag this Judgment!

Sep 05 1966 (SC)

State of Madhya Pradesh Vs. Kaluram

Court : Supreme Court of India

Reported in : AIR1967SC1105; 1967(0)BLJR313; 1967MhLJ497(SC); [1967]1SCR266

..... the forest contractor. the surety kaluram contends that because the state lost or parted with the security he stood discharged. by s. 140 of the indian contract act, 1872, where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety, upon payment ..... condition as they formerly stood in his hands.'' subject to certain variations, which are not material for the matter under discussion, s. 141 of the contract act incorporates the rule of english law relating to the discharge from liability of a surety when the creditor parts with or loses the security held by him ..... agent. by r. 13 the forest contractor is required to remove forest produce only by the route or routes specified by rules under the act, or by his forest contract, and to take all forest produce removed by him to such depots or places as may be similarly prescribed, for check and examination. ..... removal of goods sold until the price was paid : that right was lost. the right conferred by s. 83 of the forest act and under the terms of the contract to prevent removal and right to sell goods for non-payment of the price, coupled with the charge on the goods constituted the ..... , and that those rules, shall be deemed to be binding on every forest contractor not only as rules made under the forest act, but also as conditions of his forest contract. by r. 6 the forest contractor is required to carry with him an 'accessory licence' entitling him and his servants and .....

Tag this Judgment!

Apr 26 2001 (SC)

State Bank of Saurashtra Vs. Punjab National Bank with (Vice Versa)

Court : Supreme Court of India

Reported in : AIR2001SC2412; 2001(3)ARBLR2(SC); [2001]106CompCas852(SC); (2001)3CompLJ1(SC); JT2001(Suppl1)SC603; 2001(4)SCALE102; (2001)5SCC751; [2001]3SCR236; 2001(2)LC1315(SC)

..... of the units was not made, would be entitled to the refund of the money plus damages thereon calculated in accordance with the principles contained in section of the indian contract act, 1872.8. considering the fact that there was alternative plea for damages, on the facts of the present cases it would have been appropriate for the special court to have computed ..... 1st july , 1992 written by the respondent when read alongwith the computation sheet accompanying the said letter clearly shows that the respondent regarded that the appellant had committed breach of contract on 30th may, 1992. it is on this basis that it claimed, in addition to the return of money, damages being the difference between the return of money, damages being ..... of the units but by this letter of 1st july, 1992 the respondents claimed compensation of the claim was given according to which the respondent treated the breach of the contract to have taken placed on 30th may, 1992 and on that basis it claimed difference in price between the rate what was paid and the rate of the unit trust ..... kirpal, j.1. this is an appeal filed against the judgment of the special court constituted under the special court (trial of offences relating to transactions in securities) act, 1992 whereby the suit filed by the respondent was decreed and it was inter alia ordered that the appellant herein should purchase units which had been agree to be sold .....

Tag this Judgment!

Oct 16 1969 (SC)

Nathulal Vs. Phoolchand

Court : Supreme Court of India

Reported in : AIR1970SC546; 1970(0)BLJR790; 1970MhLJ674(SC); (1969)3SCC120; [1970]2SCR854

..... to the terms of the agreement. by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms, of the contract the obligations of the parties have to be performed in a certain sequence, one of the ..... parties to the contract cannot require compliance with the obligations by the other party without in the first ..... instance performing his own part of the contract which in the sequence of obligations ..... the property and he had in pursuance thereof paid an amount of rs. 22,011/-. the argument raised by counsel for nathulal that the act done in pursuance of the contract must be independent of the terms of the contract cannot be accepted. the first three conditions for the defence of part performance to be effectively set up by phoolchand exist. mr. shroff .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //