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Judgment Search Results Home > Cases Phrase: contract act 1872 Page 100 of about 380,510 results (0.713 seconds)

Oct 05 2012 (HC)

M/S. Abg Ports Limited and Another Vs. M/S. Psa International Pte Limi ...

Court : Mumbai

..... liabilities of the consortium to the extent of their share in such consortium. such liability of each partner finds confirmation in section 43 of the indian contract act, 1872 which provides as follows: 43. any one of joint promisors may be compelled to perform.- when two or more persons make a joint promise, ..... bear the liability of the consortium to the extent of its share in the same. he has relied on section 43 of the indian contract act, 1872 which inter alia provides that each of the two or more joint promisors may compel every other joint promisor to contribute equally with himself to ..... promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract. sharing of loss by default in contribution if any one of two or more joint promisors makes default in such contribution, the remaining joint ..... the letter of award has not yet been terminated by defendant no.4. mr. khambata has further submitted that existence of fraud merely makes a contract voidable. however, while alleging fraud, the plaintiff has not rescinded the jba. as such the allegations of fraud made by the plaintiff in the ..... and defendant no.2 (partners to the consortium). he has submitted that though the plaintiff has tried to suggest that clause 4 of the jba contract is to the contrary, the same is not correct and that clause 4 only is an assignment of functions and responsibilities within the consortium. mr .....

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Nov 21 2012 (HC)

M/S. Abg Ports Limited Vs. M/S.Psa International Pte Limited and Other ...

Court : Mumbai

..... an indemnity given by the appellant to the respondent no.1. thus, the reliance placed by the appellant on section 124 of the indian contract act, 1872 is entirely misplaced as the said section does not apply. it is, therefore, contended that the order of the learned single judge is ..... bear the liabilities of the consortium to the extent of their share in the consortium. it is further submitted that section 43 of the indian contract act provides as under:- ??43. any one of joint promisors may be compelled to perform.--when two or more persons make a joint promise, ..... ), despite being very well aware that it had no such intention to implement the said project, is clearly an act of fraud as defined under section 17 of the contract act. such an act of egregious fraud vitiates the jba and all contractual agreements entered into between the parties and steps taken pursuant thereto, ..... against defendant nos.1 and 2. ? the conclusion of the learned single judge is clearly erroneous. the appellant specifically pleaded discharge of the contract which fact has been completely ignored by the learned single judge. 10. it is further submitted that the learned single judge completely overlooked ..... fraudulent representation made by psa and altered its position to its detriment. ? ??(h) further, psa continued to act fraudulently and deceitfully even after defendant no.4 had terminated the contract and invoked the bid bond, when psa assured the plaintiff that they are pursuing the matter with defendant no.4 .....

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Jul 18 2012 (HC)

Pradeep Shankar Walvekar and Others Vs. Anil Narsinha Annachhatre and ...

Court : Mumbai

..... of contracts whether they relate to movable or immovable property. the said fact is clear from section 10 ..... assigned to them in that act. we may note here that chapter ..... ii of the said act is applicable to all categories ..... the heading specific performance of contract is relevant on this aspect. we may note here that though the word "contract" has not been specifically defined under the act of 1963, clause (e) of section 2 of the said act of 1963 provides that, all words and expressions used therein but not defined, and defined in the indian contract act, 1872 (9 of 1872), have the meaning respectively .....

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May 09 2014 (HC)

M/S. Gupta Coal India Private Limited Vs. M/S. Swiss Marine Services S ...

Court : Mumbai Nagpur

..... indian contract act, cannot be accepted as a concluded contract and the terms incorporated therein cannot bind the appellant. the learned counsel relied ..... the finality and did not get the shape of concluded coa, no action based on the such contract can be maintained. 10. the learned counsel bringing to our notice the provisions of the indian contract act, 1872 and more particularly sections 2 to 7 of the said act, submitted that the agreement dated 3/10/2011 tested on the anvil of said provisions of the ..... laws will apply and the parties can disown said laws and opt for neutral law. the learned counsel submitted that the trial court failed in appreciating the provisions of the contract act in proper spirit and perspective and also could not appreciate the correspondence which had taken place between the appellant and the respondent. the learned counsel submitted that the trial court ..... in the case of kaliburn engineering ltd v oil and natural gas corporation ltd and another (air 2000 bombay 405) which lays down that as per section 7 of the contract act, 1882, acceptance of the offer must be absolute offer and acceptance must be founded on (i) certainty, (ii) commitment and (iii) communication. if any one of the components is lacking .....

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May 09 2014 (HC)

M/S. Gupta Coal India Private Limited Vs. M/S. Swiss Marine Services S ...

Court : Mumbai

..... indian contract act, cannot be accepted as a concluded contract and the terms incorporated therein cannot bind the appellant. the learned counsel relied ..... the finality and did not get the shape of concluded coa, no action based on the such contract can be maintained. 10. the learned counsel bringing to our notice the provisions of the indian contract act, 1872 and more particularly sections 2 to 7 of the said act, submitted that the agreement dated 3/10/2011 tested on the anvil of said provisions of the ..... laws will apply and the parties can disown said laws and opt for neutral law. the learned counsel submitted that the trial court failed in appreciating the provisions of the contract act in proper spirit and perspective and also could not appreciate the correspondence which had taken place between the appellant and the respondent. the learned counsel submitted that the trial court ..... in the case of kaliburn engineering ltd v oil and natural gas corporation ltd and another (air 2000 bombay 405) which lays down that as per section 7 of the contract act, 1882, acceptance of the offer must be absolute offer and acceptance must be founded on (i) certainty, (ii) commitment and (iii) communication. if any one of the components is lacking .....

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Apr 02 2014 (HC)

Sjj Marine Pvt. Ltd. Vs. Pisces Exim (India) Pvt. Ltd. and Another

Court : Mumbai

..... be co-extensive with that of the principal debtor. it would be discharged only under the circumstances set out in sections 133 to 135 of indian contract act, 1872. as the principal party to the agreement also its liability would be primary only. the liability would even otherwise be there in view of the fact ..... showing the parties to the agreement. the confirmation of the liability by defendant no.1 itself shows that it was the principal party to that contract. the contract itself does not show that the liability of defendant no.2 would be discharged only if defendant no.2 failed to make the payments. hence ..... of mv dubai and over which the plaintiff was exercising lien. only if that liability is discharged, can the plaintiff's obligations be enforced. 20. the contract is also not without consideration. upon the confirmation of the defendant no.1 in the agreement itself, the plaintiff released the entire cargo of mv peristil. ..... it could be lesser than usd 5 lacs. 10. this may stand to reason and hence the liquidated amount payable under clause 1 of the written contract exh.f to the plaint cannot be taken to have been shown by the plaintiff. 11. under clause 2 of the agreement dated 18th july, 2012 ..... . defendant no.1 would have known financial position of defendant no.2. defendant no.1 knew that the plaintiff had exercised lien upon the goods contracted by defendant no.2 and to be discharged at the detention port to third parties who are the consignees of the goods. to prevent the exercise .....

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Jul 11 2016 (HC)

M/s. Prabhatam Advertising Pvt. Ltd. Vs. Government of NCT of Delhi an ...

Court : Delhi

..... sum is named in the contract as the amount be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party ..... when an amount stipulated in a contract was in a nature of a penalty and not a genuine pre-estimate of damages, loss had to be proved. in support of his submission, he relied upon section 74 of the indian contract act, 1872 which reads as under:- "74. compensation of breach of contract where penalty stipulated for - when a contract has been broken, if a ..... approach the respondent/authorities assuring that the petitioner will perform the contract. dismissed as withdrawn." (emphasis supplied) 23. it is pertinent to mention that on 27th april, 2011 the respondent authority had issued instruction to petitioner's banker forfeiting the bid ..... ." (emphasis supplied) 22. on 28th april, 2011, the petitioner withdrew the aforesaid writ petition with an assurance to the division bench of this court that it would perform the contract. the order dated 28th april, 2011 is reproduced hereinbelow:- "after arguing at length, learned counsel for the petitioner seeks to withdraw the writ petition and the application so as to .....

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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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Mar 24 1942 (PC)

Jivatlal Purtapshi Vs. Lalbhai Fulchand Shah

Court : Mumbai

Reported in : AIR1942Bom251; (1942)44BOMLR495

..... really has no bearing upon the matter before us, though it is of interest in one respect, because the effect of section 49 of the indian contract act, 1872, was discussed in relation to the common law rule that a debtor must seek out his creditor anywhere within the realm in order to pay him. ..... in some cases in this country, that the common law rule was entirely abrogated by the terms of section 49. now, section 49 of the indian contract act provides that when a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is ..... requesting the promisee to fix the place for performance, seeing that he has ceased to have any interest under the contract. in my view, section 49 is one of those provisions of the indian contract act which have no application to matters governed by the law merchant, which is contained, for the most part, in ..... the negotiable instruments act. on that question i follow the view expressed by the madras high court in subba narayana vathiyar v. ..... but it seems to me very difficult to hold on the language of section 49 that it applies at all to negotiable instruments. it deals with a contract between a promisor and a promisee, and, of course, a negotiable instrument may be held by somebody who is not the promisee. if a negotiable .....

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Apr 01 1942 (PC)

Gajanan Moreshwar Parelkar Vs. Moreshwar Madan Mantri

Court : Mumbai

Reported in : AIR1942Bom302; (1942)44BOMLR703

..... in any event the suit is premature. mr. tendolkar relies for his arguments on sections 124 and 125 of the indian contract act, 1872. section 124 defines the contract of indemnity as a contract by which one party promises to safeguard the other from loss caused to him by the conduct of the promisor himself, ..... pointed out, mr. tendolkar contends that the law in this country is different. i have already held that sections 124 and 125 of the indian contract act are not exhaustive of the law of indemnity and that the courts here would apply the same equitable principles that the courts in england do. therefore, ..... considerable force in the contention of mr. tendolkar ; but that is obviously not so. the indian contract act is both an amending and a consolidating act, and it is not exhaustive of the law of contract to be applied by the courts in india. section 124 deals only with one particular kind of indemnity ..... the defendant firm failed to pay for or take delivery of the hessian purchases. maliram ramjidas re-sold the hessian goods at less than the contract price and claimed the difference as damages from; the plaintiff company. the plaintiff company went into liquidation, and the official liquidator filed a suit ..... of calcutta. in shankar nimbaji v. laxman supdu (1939) 42 bom. l.r. 175 an appellate bench of this court held that under a contract of indemnity the cause of action arises when the damage which the indemnity is intended to cover is suffered, and a suit brought before actual loss .....

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