Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: supreme court of india Year: 2011 Page 1 of about 270 results (0.154 seconds)

Aug 04 2011 (SC)

Bakshi Dev Raj and anr Vs. Sudheer Kumar

Court : Supreme Court of India

Decided on : Aug-04-2011

..... , 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. 9) the very same rule was considered by this court in ..... that the concession given by the counsel for the appellants before the high court was not lawful and in violation of section 23 of the indian contract act, 1872 and that the second appeal was disposed of without hearing on substantial questions of law framed by the court, the appellants filed review petition (c ..... of rs.40,000/- paid by him by way of earnest money, alleging that he was in breach of the contract dated 04.06.1979 entered into between colonel sukhdev singh, acting as guardian of the appellant, then a minor, and the respondent, for the sale of residential house no. 1577, ..... undue delay, loss and inconvenience, especially in the case of non- resident persons. it has always been universally understood that a party can always act by his duly authorised representative. if a power-of-attorney holder can enter into an agreement or compromise on behalf of his principal, so can ..... traditionally recognised role of counsel in the common law system, and the evil sought to be remedied by parliament by the c.p.c. (amendment) act, 1976, namely, attainment of certainty and expeditious disposal of cases by reducing the terms of compromise to writing signed by the parties, and allowing the .....

Tag this Judgment!

Aug 17 2011 (SC)

State of Haryana and ors. Vs. Ms Malik Traders

Court : Supreme Court of India

Decided on : Aug-17-2011

..... petitioner not honouring the commitment. however, we cannot agree with the view taken by the high court. it is true that as per section 5 of the indian contract act, 1872 (hereinafter referred to as the act ), a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer. it is also true that before receipt ..... bank guarantee and/or enforcing the bid security, there is no statutory right, exercise of which was being fettered. there is no term in the contract which is contrary to the provisions of the indian contract act. the indian contract act merely provides that a person can withdraw his offer before its acceptance. but withdrawal of an offer, before it is accepted, is a completely ..... to claim that the earnest/security be returned to him. forfeiture of such earnest/security, in no way, affects any statutory right under the indian contract act. such earnest/security is given and taken to ensure that a contract comes into existence. it would be an anomalous situation that a person who, by his own conduct, precludes the coming into existence of the ..... .: (a) whether the forfeiture of security deposit was without authority of law and without any binding contract between the parties and also contrary to section 5 of the contract act; and (b) whether the writ petition was maintainable in a claim arising out of a breach of contract. without considering question (b), the high court allowed the writ petition on the ground that the .....

Tag this Judgment!

Jul 04 2011 (SC)

Saradamani Kandappan Vs. S. Rajalakshmi and ors.

Court : Supreme Court of India

Decided on : Jul-04-2011

..... contract in which time is essential. said section is extracted below : section 55. effect of failure ..... purchaser about their title, and the purchaser is ready and willing to perform the contract, the termination of the agreement of sale by the vendors is illegal and amounts to breach of contract. they submit that high court had failed to apply section 55 of the contract act, 1872. section 55 of contract act deals with the effect of failure to perform at a fixed time, in ..... to perform at a fixed time, in contract in which time is essential.-- when a party to a ..... the names of her nominees. the sale deed had to be executed only after payment of complete sale consideration within the time stipulated. in these circumstances, section 52 of the contract act does not help the appellant but actually supports the vendors-respondents. re: question (iii) 38. learned counsel for the appellant next submitted that the lands belonging to the first respondent .....

Tag this Judgment!

Oct 12 2011 (SC)

Phulchand Exports Ltd. Vs. Ooo Patriot

Court : Supreme Court of India

Decided on : Oct-12-2011

..... (for short, `1872 act') and being unconscionable bargain is void under section 23 of the 1872 act and, therefore, enforcement of the subject award by the indian courts is contrary to `public policy of india'. he relied upon two decisions ..... act'). 3 1969 (2) scc 554 15. learned senior counsel also submitted that the stipulation in clause 4, in case the goods don't arrive the customs area of russian federation within 180 days from the date of payment the transferred amount is to be reimbursed to the buyers' account amounts to penalty within the meaning of section 74 of the contract act, 1872 ..... would be contrary to public policy of india. 26. section 73 of the 1872 act provides for compensation for loss or damage caused by breach of contract and section 74 makes a provision for compensation for breach of contract where penalty is stipulated for. these two sections - 73 and 74 - of the 1872 act read as under: 73. compensation for loss or damage caused by breach ..... breach and does not comprehend covenants under which amounts paid or property delivered under the contract, which by the terms of the contract expressly or by clear implication are liable to be forfeited. 29. in the case of maula bux3 while dealing with section 74 of the 1872 act, this court was concerned with the case of forfeiture of the amount of deposit. it .....

Tag this Judgment!

Dec 02 2011 (SC)

Suresh Dhanuka Vs. Sunita Mohapatra

Court : Supreme Court of India

Decided on : Dec-02-2011

Reported in : 2012(1)SCC578; 2012(1)LW372; 2012(1)KLT45SN; 2012(1)SCJ675; 2012(1)ALT49; AIR2012SCW369; 2012(1)KCCR17(SC)(SN)

..... no interference was called for therewith. 26. in a short reply, mr. pradip ghosh submitted that in the instant case there was no violation of section 27 of the indian contract act, 1872, as the injunction sought for was not on trade or business but in respect of use of the trade mark. 27. from the submissions made on behalf of the respective ..... using the trade mark which was the subject matter of dispute. accordingly, the provisions of section 27 of the indian contract act, 1872, would not be attracted to the facts in this case. for the sake of reference, section 27 of the above act is reproduced hereinbelow :- 27. agreement in restraint of trade, void.- every agreement by which any one is restrained from exercising ..... , to enforce the negative covenant contained in the deed of assignment, was contrary to the provisions of section 27 of the indian contract act, 1872, or not, we are inclined to accept mr. ghosh's submissions that the injunction sought for by the appellant was not to restrain the respondent from carrying on trade or ..... , to enforce the negative covenant contained in the deed of assignment, was contrary to the provisions of section 27 of the indian contract act, 1872 and was, therefore, void? 31. as far as the first two questions are concerned, the terms of the deed of assignment clearly indicate that the respondent had of her own .....

Tag this Judgment!

Nov 15 2011 (SC)

Leela Hotels Ltd. Vs. Housing and Urban Dev.Corp.Ltd.

Court : Supreme Court of India

Decided on : Nov-15-2011

Reported in : AIR2012SC903; 2012(1)AWC(Supp)39SC; (2012)1MLJ641(SC); 2011(12)SCALE573; (2012)1SCC302

..... it must be presumed that it had the consent of the appellant and hence was covered by the provisions of sections 59 and 60 of the indian contract act, 1872.30. regarding the question as to whether the award of the learned arbitrator tantamounts to a decree or not, the language used in section 36 of ..... on account of such default, by way of elimination of the principal amount due itself, unless, of course, the provisions of section 59 of the indian contract act, 1872, were attracted or there was a separate agreement between the parties in that regard. that is not so in the instant case and, accordingly, the creditor ..... , the submissions made by the learned asg on behalf of hudco was based on the proposition as contained in sections 59 and 60 of the indian contract act, 1872, on account of the stipulation recorded on behalf of hudco that the amount of rs.89.78 crores was being tendered towards the principal sum, to ..... .s. ltd. vs. smithaben h. patel & ors. [(1999) 3 scc 80], wherein, this court had held that sections 59 and 60 of the contract act, 1872, would only be applicable at the pre-decretal stage and not thereafter and that post-decretal payments would have to be made either in terms of the decree ..... single judge and there is no pleading in support thereof. mr. desai also urged that the provisions of sections 59 and 60 of the indian contract act would also have no application to the facts of this case since they only applied in regard to distinct debts and not for enforcing a decree .....

Tag this Judgment!

Aug 18 2011 (SC)

Ramesh Kumar and anr. Vs. Furu Ram and anr.

Court : Supreme Court of India

Decided on : Aug-18-2011

..... acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to ..... as a concealment or false representation through a statement or conduct that injures another who relies on it in acting. (vide the black's law dictionary). any conduct involving deceit resulting in injury, loss or damage to some one is fraud. 13. section 17 of the indian contract act, 1872 defines `fraud' thus: 17. `fraud' defined.-`fraud' means and includes any of the following ..... to give their version, which leads to an adverse inference that if the defendants had examined themselves, their evidence would have been unfavourable to them (vide section 114 of evidence act, 1872 read with illustration (g) thereto). they however examined five witnesses : c.b. sharma, the arbitrator, was examined as dw-1; ram kumar, their power of attorney holder was examined as ..... induce him to enter into the contract : (1) the suggestion, as a fact, of that which is not true, by one who .....

Tag this Judgment!

Aug 02 2011 (SC)

Shehammal Vs. Hasan Khani Rawther and ors.

Court : Supreme Court of India

Decided on : Aug-02-2011

..... said question was one of the important questions which fell for consideration, since it had a direct bearing on the question in the light of section 23 of the indian contract act, 1872. mr. giri submitted that the bar to a transfer of a right of spes successionis is not an absolute bar and would be dependent on circumstances such as receipt of ..... opened on the death of the owner of the property. 15. mr. giri contended that any decision to the contrary would offend the provisions of section 23 of the indian contract act, 1872, as being opposed to public policy. mr. giri urged that the principles of mahomedan law in relation to the law as incorporated in the transfer of property ..... conduct which may create an estoppel against claiming the right at a time when the right of inheritance has accrued . it was observed by the learned judges that the contract act and the evidence act would not strictly apply since they did not involve questions arising out of mohammedan law. this court accordingly held that the renunciation of a supposed right, based upon ..... act and the indian contract act, had been considered in great detail by the three-judge bench in gulam abbas's case (supra). learned counsel pointed out that on a conjoint reading of section 6 of .....

Tag this Judgment!

Sep 15 2011 (SC)

Trans Mediterranean Airways. Vs. M/S Universal Exports, and anr.

Court : Supreme Court of India

Decided on : Sep-15-2011

..... facie, the contention appears to be plausible but on construction and conspectus of the provisions of the act we think that the contention is not well founded. parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure, i.e., to avail of right of civil action ..... in a competent court of civil jurisdiction. nonetheless, the act provides the additional remedy. 27) in state of karnataka vs. vishwa bharathi house ..... legal infirmity in the national commission exercising its jurisdiction, as the same can be considered a court within the territory of a high contracting party for the purpose of rule 29 of the second schedule to the ca act and the warsaw convention. before we conclude on this issue, we may usefully notice a three judge bench decision of this court in ..... therein. however, a service hired or availed, which does not cost anything or can be said free of charge, or under a contract of personal service, is not included within the meaning of service for the purposes of the cp act.30) in skypak couriers ltd. v. tata chemicals ltd., (2000) 5 scc 294, this court observed: 2. with the industrial revolution .....

Tag this Judgment!

Nov 29 2011 (SC)

Ketan V Parekh Vs. Special Director,dir.of Enforcement

Court : Supreme Court of India

Decided on : Nov-29-2011

Reported in : 2012(1)KLT15(SN); 2012(1)LW705; 2012(3)MLJ141; AIR2012SCW822; 2012(3)SCJ314

..... causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction. 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 ..... and prescription of special limitation for filing appeals under sections 111 and 125 is to ensure that disputes emanating from the operation and implementation of different provisions of the electricity act are expeditiously decided by an expert body and no court, except this court, may entertain challenge to the decision or order of the tribunal. the exclusion of the ..... days' period. 15. in consolidated engineering enterprises v. principal secretary, irrigation department and others (supra), a three-judge bench again considered section 34(3) of the arbitration and conciliation act, 1996. j.m. panchal, j., speaking for himself and balakrishnan, c.j., referred to the relevant provisions and observed: ....when any special statute prescribes certain period of limitation as ..... bench of the bombay high court whereby the applications filed by the appellants for condonation of delay in filing appeals under section 35 of the foreign exchange management act, 1999 (for short, `the act') were dismissed along with the appeals filed against order dated 2.8.2007 passed by the appellate tribunal for foreign exchange (for short, `the appellate tribunal'). .....

Tag this Judgment!


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