Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Page 11 of about 374,135 results (0.331 seconds)

Nov 03 1998 (HC)

Mool Chand Vs. Sanwat Ram and Another

Court : Allahabad

Reported in : 1998(4)AWC715

..... of contract. --when a contract has been broken, the party who suffers by such breach is entitled to receive from the party who has broken the ..... the case, and that some compensation for breach of the contract should also be made to the plaintiff it shall award him 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.' ' 73. compensation for loss or damage caused by breach ..... of the trial court on the point appears to be correct and there is no ground for interference in this appeal.' 11. section 21 of the specific relief act and section 73 of the contract act, are relevant for determination of the aforesaid question, which are quoted below :'21. power to award compensation in certain cases.--(1) in a suit for specific performance ..... upon the courts below to decree the suit for damages and compensation in view of the provisions of section 21 of the specific relief act read with section 73 of the contract act. the courts below according to him have acted illegally in dismissing the plaintiffs suit for recovery of damages and compensation as well as appeal filed by him.7. on the other .....

Tag this Judgment!

Dec 17 2002 (HC)

Gokul Prasad Vs. Additional District and Sessions Judge and ors.

Court : Allahabad

Reported in : 2003(2)AWC1393

..... desires to sue the firm does not in any manner affect this right of the plaintiff.'44. applying the principles underlying section 43 of the indian contract act, 1872 and order i rule 6 of the code of civil procedure, it is evident that the impleadment of the petitioner as the opposite party in the ..... case.43. the question of impleadment of parties to the release application may be examined from the point of view of section 43 of the indian contract act, 1872 and order i rule 6 of the code of civil procedure also. examining the scope of the said provisions, a division bench of the jammu and ..... procedure for suing a firm. it does not vary or abrogate the right which is available to the plaintiff under the provisions of section 43 of the contract act. nor does order xxx rule 1 control or override the provisions of order i, rule 6 of the civil procedure code. the plaintiff can well chose to ..... doubt this rule does not speak of joint liability, but relates to several and joint and several liability. but the effect of section 43 of the contract act is to render joint liability into joint and several liability. this was assumed and if i may say so with respect-rightly assumed in ilr 21 mad ..... chooses and excludes the right of a joint promisor to be sued along with his co-promisors.9. even, so, the question is whether section 43, contract act applies to partners. there appears no reason in principle why it should not, and there is sufficient authority for holding that it does.17. in dealing .....

Tag this Judgment!

May 17 2002 (HC)

Smt. Asha Qureshi Vs. Afaq Qureshi

Court : Madhya Pradesh

Reported in : AIR2002MP263; 2002(4)MPHT108; 2002(3)MPLJ394

..... marriage pregnant by some person other than the petitioner; or(iii) the consent of either party in the marriage was obtained by coercion or fraud, as defined in the indian contract act, 1872 :provided that in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied--(a) that the petitioner was at the time of the ..... 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 ..... /husband appears to have prayed for the decree of nullity of marriage under section 25(iii) of the 'act'. it has therefore, to be considered as to whether consent of the respondent was obtained by fraud as defined in the indian contract act, 1872 ?9. section 17 of the indian contract act defines 'fraud' as below :--'17. 'fraud'.-- 'fraud' means and includes any of the following ..... material fact as above would amount to exercise of fraud. it may be noticed in the above context that in view of sub-section (4) of section 17 of the contract act, to constitute fraud, it is not essential, that there should be any misrepresentation by express words. it is sufficient if it appears that the party deceiving knowingly induced the defendant .....

Tag this Judgment!

Aug 03 2006 (HC)

Syed Khursed Ali Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR2007Ori56; 2006(II)OLR557

..... entered into between the parties became impossible to perform as well as unlawful and, thus, amounted to frustration of the same. no doubt provisions of section 56 of the contract act, 1872, as quoted above, does not cover every case of frustration but it applies to a subsequent unforeseen event or contingency for which, neither of the parties is responsible. giving ..... must have intended.11. section 56 of the contract act, 1872 is relevant for the purpose and the relevant portion thereof is quoted hereunder:56. agreement to do impossible act - an agreement to do an act impossible in itself is void.contract to do act afterwards becoming impossible or unlawful.a contract to do an act which, after the contract is made, becomes impossible, or, by reason ..... regard to the nature and circumstances of the transaction and implied terms, no doubt is cast in the present case that the performance of the contract on the part of the petitioner became an impossibility and such impossibility can be brought within the fold of 'force majeure'.13. in the aforesaid circumstances, we find no ..... of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. xxx xxx .....

Tag this Judgment!

Aug 31 2005 (HC)

Mst. Lakshmi Vs. Dr. Ajay Kumar and ors.

Court : Punjab and Haryana

Reported in : AIR2006P& H77; (2006)142PLR289

..... recognized by section 13(1)(iii).14. i am further of the view that section 12 of the contract act, 1872, also does not go to the extent of declaring a contract void, if at the time of marking the contract he was capable of understanding the contract and forming a rational judgment as to its effect upon his interest. it has further been provided that ..... for the purposes of contracting.- a person is said to be of sound mind for the purposes of making a ..... but occasionally of sound mind may enter into a contract when he is of sound mind. it is also well settled that burden of proof lies on a party who sets up a plea of unsound mind so as to get a declaration that the contract is void. section 12 of the indian contract act, 1872, reads as under:-12. what is a sound mind ..... contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his .....

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!

Feb 23 1965 (SC)

Union of India (Uoi) Vs. Mahadeolal Prabhudayal

Court : Supreme Court of India

Reported in : AIR1965SC1755; 1966(0)BLJR91; [1965]3SCR145

..... subject to other provisions of the act. sub-section (2) of s. 72 provides that an agreement purporting to limit the responsibility under s. 72(1) can be ..... the railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by railway to be the same as that of a bailee under sections 152 and 161 of the indian contract act, 1872, ..... section defined of the railway administration. so the responsibility of the railway for loss etc. is the same as that of a bailee under the indian contract act. but this responsibility can be limited as provided in s. 72(2). for the purpose of limiting this responsibility risk notes form b and form ..... , their lordships are clearly of opinion that is for him to say so, and to call on the administration to fulfil their obligation under the contract, and that the administration should then have the opportunity to meet the demands of the consignor before their case is closed; any question as to ..... or control and that its failure to do so results immediately in breach of the contract with the result that the responsibility of the railway has to be judged solely on the basis of s. 72(1) of the act ignoring the risk note altogether.8. section 72(1) defines the responsibility of .....

Tag this Judgment!

Nov 10 1967 (SC)

P.S.N.S. Ambalavana Chettiar and Co. Ltd. and anr. Vs. Express Newspap ...

Court : Supreme Court of India

Reported in : AIR1968SC741; [1968]2SCR293

..... lb. the respondent was not a pledge of the newsprint in sheets and had no right to sell the goods under s. 176 of the indian contract act, 1872. the real question is whether the respondent had the right to resell the goods under s. 54(2) of the sale of goods ..... time was fixed in the contract for acceptance of the goods. on march 29, 1952, the appellants refused to accept the goods. the respondent is entitled to the difference ..... property in any individual portion of the stock of 415 tons would remain vested in the appellants. 12. section 18 of the sale of goods act provides that where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. it is ..... no time is fixed under the contract of sale for acceptance of the goods, the measure of damages is prima facie the difference between the contract price and the market price on the date of the refusal by the buyer to accept the goods, see illustration (c) to s. 73 of the indian contract act. in the present case, no ..... act, 1930. 8. the seller can claim as damages the difference between the contract price and the amount realised on resale of the goods where he has the right of resale under s. 54(2) .....

Tag this Judgment!

Feb 10 1999 (SC)

M/S. Industrial Credit and Development Syndicate Now Called I.C.D.S. L ...

Court : Supreme Court of India

Reported in : AIR1999SC1036; 1999(2)ALLMR(SC)434; [1999]96CompCas1(SC); JT1999(1)SC430; (1999)IIMLJ114(SC); 1999(1)SCALE393; (1999)3SCC80; [1999]1SCR555

..... to overcome the legal obstacles in their way, the judgment debtors have sought refuge under the cloak of alleged protection provided , by section 60 of the contract act, 1872. it is further submitted that in view of the later judgments of this court in mathunni mathai v. hindustan organic chemicals ltd. and ors. : [ ..... the lahore high court in jia ram v. sulakhan mal. dealt with the scope of section 59 to sections 61 of the contract act and held:'sections 59 to 61, contract act, embody the general rules as to appropriation of payments in cases where a debtor owes several instinct debts to one person and ..... but the law or even the agreement entered between the parties may provide for adjustment of payment in a particular manner. section 60 of the contract act provides that: where the debtor has omitted to intimate and there are no other circumstances indicating to which debt the payment is to be applied, ..... in accordance with the agreement arrived at between the parties though on the general principles as mentioned in sections 59 and 60 of the contract act. as and when such an agreement either express or implied is relied upon, the burden of proving it would always be upon its propounder. ..... omits to intimate the discharge of the debt in the manner envisaged under section 59. we are of the opinion that sections 59 and 60, contract act, would be applicable only in pre decretal stage and not thereafter. post-decretal payments have to be made either in terms of the decree or .....

Tag this Judgment!

Apr 11 2005 (SC)

Sona Bala Bora and ors. Vs. Jyotirindra Bhatacharjee

Court : Supreme Court of India

Reported in : 2005(5)ALLMR(SC)1128; 2005(2)AWC1593(SC); (SCSuppl)2005(3)CHN114; 100(2005)CLT147(SC); 2005(1)CTLJ345(SC); JT2005(4)SC418; (2005)4SCC501; 2005(1)LC626(SC)

..... making the contract, if at the time when he makes it, he is capable of understanding it and of forming a rational judgment ..... certified that bhogirath was mentally normal.20. it cannot be disputed that a contract of sale like any other contract would be vitiated if the consent of either party is given by a person of unsound mind as provided in section 11 of the contract act, 1872. under section 12 of that act, a person is said to be of sound mind for the purpose of ..... person of unsound mind is thus not necessarily a lunatic. it is sufficient if the person is incapable of judging the consequences of his acts. black's law dictionary says:-'as a ground for voiding or annulling a contract or conveyance, insanity does not mean a total deprivation of reason, but an inability, from defect of perception, memory, and judgment, to do ..... the act in question or to understand its nature and consequences black's law dictionary (sixth edition) page 795.'21. it must be remembered that in .....

Tag this Judgment!


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