Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Page 12 of about 380,510 results (0.349 seconds)

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!

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!

Nov 12 2007 (SC)

Food Corporation of India and ors. Vs. Vikas Majdoor Kamdar Sahkari Ma ...

Court : Supreme Court of India

Reported in : 2008(1)AWC495(SC); 2008BusLR16(SC); 2007(2)CTLJ249(SC); JT2007(12)SC517; (2008)2MLJ857(SC); 2007(13)SCALE126

..... the respondent for higher rate of remuneration, the respondent is entitled to claim remuneration only as per the terms of the contract. finally, it is submitted that principles of quantum meruit under section 70 of the indian contract act, 1872 (in short the 'contract act') has no application in view of the specific contractual provisions. alternatively, it was pleaded that the claim for enhanced rate is ..... reasonably for the work done, to the person who does the work. the provisions of this section are based on the doctrine of quantum meruit, but the provisions of the contract act admit of a more liberal interpretation; the principle of the section being wider than the principle of quantum meruit.' the principle has no application where there is a specific agreement ..... rate of rs. 215/ per m.t.(v) the claim for enhanced rate for additional quantity discharged under section 70 of the contract act on the principle of quantum meruit would not be applicable since there was a stipulation under the contract for payment at the rate of rs. 108/- m.t only.6. on the basis of the aforesaid findings the suit ..... for discharge of cargo at higher rate with a view to comply with the direction of the port authorities. the respondent plaintiff had discharged additional quantities. clause 41 of the contract provides that the contractor shall comply with the rules and regulation of the port authorities, and since the port authorities had demanded discharge at faster rate the respondent herein (plaintiff .....

Tag this Judgment!

Feb 28 2006 (SC)

Municipal Corporation Chandigarh and ors. Etc. Vs. Shantikunj Investme ...

Court : Supreme Court of India

Reported in : AIR2006SC1270; 2006(1)CTLJ145(SC); JT2006(3)SC1; 2006(2)SCALE712; (2006)4SCC109

..... that providing of all the amenities as appearing in section 2(b) of the act was a condition precedent. in this connection, learned cousel referred to necessary provisions of section 67 of the indian contract act, 1872. section 67 of the act provides that if any promise neglects or refuses to afford the promisor reasonable facilities for ..... ' enjoy' appearing in rule 3(2) will be redundant. in this connection, learned cousel has referred to section 67 of the indian contract act, 1872 that promise has failed to perform its promise and further submitted that by virtue of section 2(a) of the specific relief ..... specific promise on the part of the administration that providing of facilities shall be condition precedent. therefore, section 67 of the indian contract act, 1872 has no application in the present case. learned counsel for the respondents referred to section 2(a) of the specific relief ..... on the part of the allottees to deny payment of interest and penalty. so far as payment of installment is concerned, this is a part of the contract and therefore, the allottees are under obligation to pay the same. however, so far as the question of payment of penalty & penal interest is concerned, ..... submission of shri bhandare that equity would not demand charging of interest, even though the plots are yet to be fully developed. when parties enter into contract, they are to abide by the terms and conditions of the same, unless the same be inequitable. in the present case, question of equity does .....

Tag this Judgment!

Nov 22 2006 (SC)

Reliance Salt Ltd. Vs. Cosmos Enterprises and anr.

Court : Supreme Court of India

Reported in : I(2007)BC480(SC); [2006]134CompCas645(SC); JT2006(10)SC529; 2006(12)SCALE286

..... late supply and short supply of consignments. 9. 'fraud' is defined in section 17 of the indian contract act, 1872 in the following terms:section 17. 'fraud' defined.- 'fraud' means and includes any of the following 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, ..... the contract. subsequent breach of contract on the part of a party would not vitiate the contract itself. 11. 'contract of guarantee' is defined under section 126 of the indian contract act in the following terms:126. 'contract of guarantee', 'surety', 'principal ..... debtor' and 'creditor' - a 'contract of guarantee' is a contract to perform the ..... that commission of fraud would include any act to deceive but then such act must be confined to acts committed by a party to a contract with intention to deceive another party or his agent or to induce him to enter into a contract. fraud, which vitiates the contract, must have a nexus with the acts of the parties prior to entering into .....

Tag this Judgment!

Mar 20 1992 (HC)

Baij Nath Vs. Ansal and Saigal Properties Pvt. Ltd

Court : Delhi

Reported in : AIR1993Delhi285; 47(1992)DLT225; 1992RLR299

..... submission that at least the contract may be specifically enforced qua 392 sq. ft. of space on the 13th floor, it is repeated ..... simply to be specifically rejected for various reasons. (1) the contract regarding rate of purchase is not certain. (2) it is not ..... way determinable on that account. the contract between the parties was- in the nature of a contingent contract which was dependant on the sanction of additional far in favor of the defendant by the appropriate authorities. unless that contingency was fulilled the contract was not capable of specific enforcement as stated in section 31 of (he indian contract act, 1872. (7) so far as the ..... the shape of a separate covered area, but forms part of & bigger hall restaurant measuring about 1400 sq. ft. specific performance of part of a contract is otherwise barred under section 12 of the specific relief act unless the part to be performed bears a substantial proportion in value and the unperformed portion admits of compensation in money. (4) part performance in .....

Tag this Judgment!

Jul 07 2003 (HC)

Blue Chrome Limited Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 2004IAD(Delhi)563; 2003(70)DRJ710

..... chartered by it under the permit granted by the respondent no.1. the transaction is, thereforee, in the nature of a 'pledge' as defined in section 172 of the indian contract act, 1872. this is so because it amounts to a bailment of the said fdr as security for the due performance of the undertaking by the petitioner. thus, in respect of the ..... rights by the parties on account of the many years of silence? and as host of similar questions impinging upon facts and law. these are all in the realm of contract. it is well settled that a writ petition raising purely contractual matters and particularly where disputed questions of facts are involved ought not to be entertained. question (3)5. while ..... months the charterer shall communicate complete proposal for acquisition of vessels to the government furnishing the details of the vessels (detailed specifications) to be acquired, offer from the shipyard, draft contract between the company and the shipyard, project report and other relevant details. 6 - 9 months the charterer shall make irrevocable arrangement for acquisition of stipulated number of vessels by making ..... . to recover movable property deposited or pawned from a depositary or pawnee. three years. the date of refusal after demand. this article corresponds to article 145 of the old act (the limitation act, 1908). there the period prescribed was thirty years but the limitation would run from the date of deposit or pawn. under article 70 (which is the applicable provision) of .....

Tag this Judgment!

Feb 22 2000 (HC)

Himachal Pradesh State Electricity Board Vs. M/S. Sumer Chand and Sons

Court : Delhi

Reported in : 2000IVAD(Delhi)777; 2000(53)DRJ181

..... ex. pw-1/4 by agreeing to adhere to the conditions as noted in the tender on said counts. under section 7 of the indian contract act, 1872, to convert a proposal into a promise, the acceptance must be absolute and unqualified. an acceptance which is quali fied by certain conditions cannot ..... to the defendant, the latter was intimated that without prejudice to the other remedies available to the corporation, it will make purchases of the contracted material from other sources at the risk and cost of defendant. in terms of this letter, the defendant was further asked to show cause why ..... consignee and destination'. clauses pertaining to inspection of material under sub-head 4, delivery under sub-head 5, terms of payment under sub-head 7 and contract under sub-head 9 in said ex. pw-1/2, which are material, require to be reproduced :- 'inspection of material : the material will be ..... june, 1973, the defendant submitted tender ex. p-1 on 23rd july, 1973. in short, the controversy centers around the fact whether a concluded contract came into existence between the parties with the placing of supply orders dated 18th august, 1973 and 31st august, 1973 by the plaintiff on defendant. on ..... therein without disclosing the destination stations. this letter also noticed that a detailed supply order will be sent shortly. it is claimed that no concluded contract for supply of materials bnding on the parties came into existence on 18th august, 1973. receipt of the plaintiff's order dated 31st august, .....

Tag this Judgment!

Jul 18 2007 (HC)

Excel Cardamom Company Vs. the Spices Trading Corporation Ltd. and anr ...

Court : Delhi

Reported in : IV(2007)BC419; 2007BusLR131(Del); 2007(97)DRJ257; (2008)149PLR44

..... be not justified. the compensation is stated to be not one which could be reasonable within the provisions of section 74 of the contract act, 1872 (hereinafter referred to as 'the contract act') it has also been pointed out that part of the goods was already lifted amounting to more than 20 metric tons and ..... not to enforce the penalty clause but only to award compensation is statutorily imposed on the courts by section 74 of the contract act. in all cases where there is a stipulation in the nature of penalty for the forfeiture of the amount deposited in pursuance of the terms ..... to award compensation is imposed on the court by section 74 of the contract act and where the terms of the contract stipulate in the nature of penalty for forfeiture of the amount deposited in pursuance of the terms of the contract, the court has the jurisdiction to award such amount as it considers ..... is not permissible in law on account of section 74 of the contract act. the said provision is as under:74. compensation of breach of contract where penalty stipulated for when a contract has been broken, if a sum is named in the contract as the amount be paid in case of such breach, or ..... pay the advance, the defendants issued a letter dated 23.03.1989 that the plaintiff has committed default of the conditions of the contract and breach of the contract and thereforee the security deposit is being forfeited.12. the defendants have averred that any business loss, loss of goodwill and credibility incurred .....

Tag this Judgment!

Sep 02 1957 (HC)

Chacko Varkey Vs. Thommen Thomas

Court : Kerala

Reported in : AIR1958Ker31

..... to depart from the view expressed on this point in air 1942 nag 92 (c).'8. section 26 of the travancore contract act (act x of 1115) corresponds to section 25 of the indian contract act, 1872. that section provides -- subject to strictly limited exceptions -- that an agreement made without consideration is void. one of the ..... suits.'pollock and mulla deal with the difference between section 25(3) of the indian contract act, 1872, and section 19 of the indian limitation act, 1908, as follows:'the distinction between an acknowledgment under section 19 of the limitation act and a 'promise' within the meaning of this section is of great importance. both ..... a case there is no consideration at all and the agreement will be void unless it is saved by section 26(3) of the travancore contract act.11. in the light of what is stated above the appeal fails and it is hereby dismissed. the lower court directed the parties to bear ..... the period of limitation expires, nothing short of an express promise will provide a fresh period of limitation; an implied promise is not sufficient.'(the indian contract act, eighth edition, p. 216)it is agreed that ex. a-1 will not amount to an express promise and that the suit cannot be saved ..... bai, air 1942 nag 92 (c). grille, j., said:'if the whole account is time-barred, then the ban imposed by section 25(3), contract act, would apply.'this decision was followed in tulsiram shrikisan v. zaboo bhima, air 1949 nag 229 (d):'in an account stated it does not matter if .....

Tag this Judgment!


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