Court : Kerala
Reported in : AIR1982Ker90
..... that the goods were carried by the plaintiff lawfully and in the course of business, and he is therefore on the basis of the principle of section 70 of the contract act, 1872. entitled to compensation for nonpayment of the correct rate of charges.5. from the facts it would appear that shri panicker is right in contending that both parties were mistaken ..... not verifying it. in the circumstances neither law nor equity comes to his aid,9. shri panicker has placed much stress on the principle embodied in section 70 of the contract act. the wording of the section and the illustrations mentioned thereunder militate against counsel's argument. the section has no application where the parties have ..... is no principle of law or equity which warrants intervention of the court on the facts of this case to rectify the terms upon which the parties acted. when the parties entered into the contract it was known to them that different rates applied to different zones and that the zones were determined on the basis of distance as provided under the ..... acted upon stipulated terms of contract. the section embodies the equitable principle of restitution and prevention of unjust enrichment. the object of this provision is to enable the courts to do substantial justice where the relation .....Tag this Judgment!
Court : Kerala
Reported in : 230ITR686(Ker)
..... contended that a partnership firm formed for the purpose of exploiting a licence in the name of one of the partners would be hit by section 23 of the indian contract act, 1872. according to the assessee, even if the licence can be issued only in the name of an individual, it is not illegal to conduct the business through a partnership by ..... all rights and liabilities arising therefrom. under these circumstances, without any hesitation, we would hold that the partnership was hit by the provisions contained under section 23 of the indian contract act. the assessing authority was, therefore, fully justified in refusing to grant registration.16. in the light of the above discussion, we answer all the questions in the negative, against the ..... follows (page 218) :'so, the partnership that has been entered into for sharing the privilege in dealing in liquor with other partners is a prohibited one. such a contract of partnership is void under section 23 of the contract act.'13. we fully agree with the above observation. if that be so, no difference can be spelt out in the legality of the ..... the provisions in rule 6(22) of the rules. it was also held that such a contract of partnership is void under section 23 of the contract act and a void contract of partnership cannot be recognised as a genuine partnership for the purpose of the income-tax act, 1961.4. learned counsel for the assessee contended that the above decision has no application in .....Tag this Judgment!
Court : Kerala
Reported in : I(2002)ACC217; II(2002)ACC552; 2002ACJ217
..... the high court dismissed the appellant's appeals. before the supreme court, placing reliance on various provisions of the contract act, 1872, the appellant contended that on account of bouncing of the cheque there was a failure of consideration and as such no contract of insurance came into existence as between the insurer and the insured. further. under s. 64vb of the insurance ..... of the driver of the vehicle who had caused the injuries. thus, any contract of insurance under chap.xi of the motor vehicles act, 1988 contemplates a third party who is not a signatory or a party to the contract of insurance but is, nevertheless, protected by such contract. therefore, the third party is not concerned and does not come into the ..... , a liability under the contract of insurance would arise only on payment of premium if such payment ..... act, no risk would be assumed unless premium was received in advance. rejecting this contention, the supreme court held that a contract of insurance, like any other contract, is concluded by offer and acceptance. normally .....Tag this Judgment!
Court : Kerala
Reported in : AIR2000Ker36
..... that the creditor should proceed either against the principal debtor or against other sureties before proceeding against him since the liability of a surety is joint and several (vide indian contract act, 1872). in the aforesaid discussion, it is held as follows :'the liability of the sureties is co-extensive with that of the principal debtor. consequently creditor can proceed against the ..... approval in state bank of india v. saksaria sugar mills ltd., air 1986 sc 868, wherein it has been held that under section 128 of the indian contract act, 1872 save as provided in the contract, the liability of the surety is co-extensive with that of the principal debtor. since the sureties have agreed to pay the entire amount their liability is immediate ..... her husband has got other properties does not imply that the sureties cannot be proceeded against. further, this is against the provisions of ext. p-1 agreement and the indian contract act which provide that payment can be enforced simultaneously with the sureties previously or subsequently to the enforcement against the principal. therefore, i am of the view that if the impugned ..... debtor before proceeding against the surety. respondents 3 and 4 have not properly adverted to the correct legal position as laid down in the various judicial pronouncements and the indian contract act.5. the reasoning adopted by respondents 3 and 4 is erroneous and unsustainable. ext. p-2 order which is passed by the 3rd respondent does not state any reason .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1969Guj178; (1969)GLR457
..... is a limited exception as mentioned in order 30, rule 4, which runs as under :-- '(1) notwithstanding anything contained in section 45 of the indian contract act, 1872, where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies whether ..... on behalf of the firm can be filed equally by all the partners who are compromises and all of whom are under section 45 of the indian contract act, 1872, joined together in enforcing the promise against a third party promisor. the suit by a firm as we have already discussed, is only a procedural ..... exception in rule 4 only to the case where the partner dies makes it amply clear that otherwise the provisions of section 45 of the indian contract act would normally prevail and any suit without joining all the partners or by the compendious use of the firm name without disclosing all the partners would ..... in section 69(2) would not be fulfilled. mr. trivedi is right in pointing out that in cases of co-promisees section 45 of the indian contract act would require that the promise in their favour can be enforced jointly by all of them. mr. nanavati has no doubt argued that order 30 creates ..... as the liability had accrued. the trial court also held that the plaintiff firm was not entitled to the deductions claimed under section 70 of the contract act as it was bound to spend such amounts even in its own interests. as regards the deductions claimed by the defendant-company, the trial court held .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1998Guj46; (1997)3GLR1855
..... of the code of civil procedure, 1908 (c.p.c.) and section 4 of the indian contract act, 1872 (act) are the legal questions in focus in this batch of first appeals.2. which is the place of making of contract whether the communication of acceptance of offer is complete at a place from where and when it ..... versions and the relevant aforesaid proposition of law and considering the real design and purport of section 20(c) of the cpc and section 4 of the contract act, we have no hesitation in finding that the impugned judgment and decree recorded by the trial court, at mehsana, holding that part of cause of ..... the observations made in paras 23 and 53 and the interpretation of provisions of section 20 of the c.p.c. as section 4 of the contract act are most relevant and we are in full agreement with the said observations.31. reliance is then placed on the decision of the supreme court in a ..... , be expedient at this stage to refer to provisions of section 4 of the contract act. section 4 reads as under :'4. the communication of a proposal is complete when it comes to knowledge of the person to whom it is made. ..... surat to mansa. in fact, above facts, clearly, go to suggest that there was not acceptance of offers or conclusion of the contract at mansa.12. section 4 of the contract act provides as to when communication of acceptance of offer becomes complete, section 4 as such is very relevant and important. it would, therefore .....Tag this Judgment!
Court : Chennai
Reported in : 1998(1)CTC1; [1998(79)FLR97]
..... months notice or on lieu thereof paying three months basic pay and dearness allowance. their lordships of the apex court held that such a clause offends section 23 of the contract act, 1872 as being opposed to public policy and, therefore, void besides being ultra vires of article 14 and further violative of directive principles contained in articles 39(a) and 41 of ..... of justice to declare clause 8 of the agreement of service, extracted above to be void and unenforceable against the petitioners as being violative of section 25 of the indian contract act, applying the law declared by the apex court in the cases noticed supra. consequently, the orders of termination in these cases are also declared illegal and non est, having no ..... would be ultra vires article 14 of the constitution of india and that such provision would also be opposed to public policy and violative of section 23 of the indian contract act. the petitioners, even if relegated to the relief of suit or the industrial dispute in the labour court, as it may deem fit, there could be no difficulty for those ..... -1996 issued by the second respondent to the petitioners are void and illegal being violative of section 23 of the indiancontract act, 1872, article 21 of the constitution of india and sections 25-f and 25-n of the industrial disputes act, 1947 and consequently direct the respondents to reinstate the petitioners with continuity of service with all arrears of salary or in .....Tag this Judgment!
Court : Chennai
Reported in : 2008(1)CTC681; (2008)2MLJ123
..... administer the teacher training institute without the approval of the competent authority and whether the same is permissible in view of section 23 of the indian contract act, 1872 is to be ascertained. section 23 of the indian contract act clearly states that every agreement, of which, the object or consideration is unlawful, is void. as per section 23, the consideration or object of ..... holder viz., k. ravi and the same is impermissible as it is in violation of section 23 of the indian contract act, 1872. the agreement dated 12.4.2005 is void since both the parties are guilty of violating the provisions of the ncte act, 1993. the learned single judge also held that the right to establish and administer educational institution, even though guaranteed ..... reported in air 2006 scw 5470 (india financial association, seventh day adventists v. m.a. unneerikutty) in paragraphs 18 to 22, which read thus,18. section 23 of the contract act lays down that the object of an agreement becomes unlawful if it was of such a nature that, if permitted, it would defeat the provisions of any law.19. the ..... court in the decision reported in : (1986)iillj171sc (central inland water transport corporation ltd. v. brojo nath) : (1986)iillj171sc . in paragraph 92, the supreme court held thus:92. the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public policy', or 'contrary to public .....Tag this Judgment!
Court : Chennai
Reported in : (2002)3MLJ527
..... the nature of the interest affected thereby or (2) [for an unlawful object, or consideration within the meaning of section 23 of the indian contract act, 1872 (ix of 1872)], or (3) to a person legally disqualified to be transferee.'the advocate for the respondents submitted that on the date when the settlement deed was ..... policy. settlement is made only by way of security for the second wife and it is not forbidden under law. 11. section 23 of the indian contract act, 1872 speaks about the consideration and objects, which are lawful and unlawful, reads as under:'the consideration or objects of an agreement is lawful, unless, it ..... proved, in accordance with law, the suit is barred by time and ex.a.1 is also against the provisions of section 23 of the indian contract act. therefore, the decree and judgment of the lower appellate court are liable to be set aside. accordingly, they are set aside.13. in the result ..... appellate court is correct in law in holding ex.a.1 is hit by section 6(k) of the transfer of property act, read with section 23 of the indian contract act as being opposed to public policy? 8. the learned advocate for the appellants has submitted that the suit property originally belonged to ..... be decided is whether the settlement deed, ex.a.1 is hit by section 6 of the transfer of property act read with section 23 of the indian contract act. section 6 of the transfer of property act deals with what kind of property may be transferred. section 6(h) of the transfer of property .....Tag this Judgment!
Court : Supreme Court of India
..... , 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!