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Judgment Search Results Home > Cases Phrase: contract act 1872 Page 16 of about 380,523 results (0.371 seconds)

Sep 19 2005 (SC)

Ajit Kumar Nag Vs. General Manager (P.J.), Indian Oil Corporation Ltd. ...

Court : Supreme Court of India

Reported in : AIR2005SC4217; [2005(107)FLR407]; JT2005(8)SC425; RLW2005(4)SC2326; (2005)7SCC764; 2006(1)SLJ267(SC)

..... provision cannot be said to be in consonance with law. in brajo nath ganguly, the court observed that the provision was against public policy reflected in section 23 of the contract act, 1872 and the provision was described as henry viii clause.43. we have also gone through the decision of the learned single judge as well as of the division bench. it ..... service without observing the rules of natural justice. such provisions have also been held to be bad and against public policy under section 23 of the contract act, 1872. even if there is a term in the contract or in a rule, it is liable to be struck down as arbitrary and ultra vires article 14 as also article 311 of the constitution. the ..... facts and circumstances, the general manager also examined the past record of the appellant. the appellant was issued with a punishment of withholding four annual increments with cumulative effect for acts of misconduct. the management, however, took a lenient and magnanimous view and revised the punishment twice, first on march 12, 1990 and then on february 4, 1997, thereby bringing ..... -charge of haldia hospital, who was undergoing treatment at apollo hospital, madras, which was reported to be undertaken on 3rd may, 1999 successfully. the general manager was satisfied that the acts of the appellant of threatening, intimidating and assaulting senior officer of the refinery hospital and abusing and behaving unmannerly with superior authority amounted to subversive and prejudicial to the interest .....

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Mar 15 1991 (SC)

Gurmukh Singh Vs. Amar Singh

Court : Supreme Court of India

Reported in : JT1991(1)SC685; (1991)2MLJ21(SC); 1991(1)SCALE478; (1991)3SCC79; [1991]1SCR885

..... khanna, the learned counsel for the appellant, is that the agreement is opposed to public policy and, therefore, it is void under section 23 of the contract act, 1872. according to him the agreement was to knock out the pubic property on a minimum price and that, therefore, the object of the agreement is opposed ..... a third person, namely, the rival decree-holder. accordingly, it was held that the agreement was fraudulent and that, therefore, void under section 23 of the contract act; same is the view expressed by the lahore high court in nand singh @ ghudda v. emperor :a.i.r. 1943 lah 101 and in hutchegowda v. ..... policy which tends to defeat any provision of law or purpose of law, it becomes unlawful and thereby it is void under section 23 of the contract act. section 23 is concerned with only the object or consideration of the transaction and not the reasons or motive which prompted it. public policy imposes certain ..... to public policy and is hit by section 23. we found no force in the contention. section 23 of the contract act adumbrates that the consideration or object of an agreement is lawful unless it is forbidden by law; or is of such a nature that, if permitted, ..... , the object of the agreement is not opposed to public policy, and therefore, it is not void under section 23 of the contract act.9. thus, on the facts of this case we have no hesitation to conclude that the impugned agreement between the appellant and the respondent is lawful .....

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Apr 20 2009 (SC)

Pranab Kumar Pal Vs. Ltz. Investment Pvt. Ltd. and ors.

Court : Supreme Court of India

Reported in : 2009BusLR406(SC); JT2009(14)SC319; 2009(6)SCALE779; (2009)6SCC689; 2009(4)LC1881(SC)

..... .01.2006 which is completely antithetical to the freedom of employment of an individual enshrined in section 27 of the indian contract act, 1872 (in short `contract act') read with section 14 and section 41 of the specific relief act, 1963 (in short `specific relief act') in that it purports to fetter the same by the imposition of conditions such as the provision of security 6. after ..... is to the order passed by a learned single judge of the delhi high court. by the impugned judgment the high court held as follows: 1. in respect of this contract awarded by tui-nordic to across india, across india shall file its statement of account every month giving the income/receipts and expenditure on the said project (2) it shall ..... the appellant is as follows: the respondent no. l filed a petition before the company law board under sections 398, 402, 403, 235 and 237 of the companies act, 1956 (in short the `act') alleging inter alia, diversion of corporate opportunity by the appellant herein. the company law board vide its order dated 09.06.2005 held that it prima facie finds .....

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Dec 08 2005 (SC)

Hindustan Copper Ltd. and anr. Vs. Banshi Lal and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3574; 2006(1)AWC660(SC); [2006(108)FLR339]; JT2005(10)SC474; (2006)ILLJ738SC; (2005)13SCC492; 2006(1)LC138(SC)

..... of india and ors. etc. v. p.p. swarnakar and ors. etc. : (2003)illj819sc, wherein it was held that the scheme being contractual in nature, the provisions of the indian contract act, 1872 would apply and, thus, an offer made by an employee could be withdrawn by him before it was accepted. no exception, thus, can be taken to the findings of the .....

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Jul 20 1979 (HC)

Krishan Murgai Vs. Superintendence Company of India (P) Ltd.

Court : Delhi

Reported in : AIR1979Delhi232

..... pleadings and the law applicable to it to sustain the temporary injunction.7. our reasons for this conclusion are as below: section 27 of the contract act, 1872, reads as under:'every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that ..... to that of the ex-employer for a period of two years after leaving the service. this is directly contrary to section 27 of the contract act.24. incidentally it may be observed that clause 10 applies only after the employee 'leaves' the company. the learned single judge has construed ..... in accordance with it. this will be apparent by the perusal of the following extracts from the order:1. 'under the s. 27 of the contract act to determine whether the agreement is void, one has to determine whether the restraint is reasonable. if the restraint is reasonable the agreement will not ..... burn & co. v. mcdonald, (1909) 36 cal 354, and mls. lalbhai dalpatbhai & co. v. chittaranjan chandulal pandya, : air1966guj189 .13. the indian contract act is exhaustive as far as it goes and cannot be controlled by the english decisions based on common law. no indian decision seems to have held any restraint of trade ..... imposed on an employee after the termination of the period of his employment has been consistently affirmed by the indian decisions on a construction of s. 27 of the contract act. a few of them are oakes & co. v. jackson, (1876) 1 mad 134, pragji soorji v. pranjiwan tooljaram, (1903) 5 bom lr 878 .....

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Mar 29 1978 (HC)

Uniclel Ltd. and anr. Vs. the State Trading Corporation

Court : Delhi

Reported in : ILR1978Delhi203

..... principle. (8) the case of fraud pleaded by the unicel has to be decided under sections 17 and 19 of the indian contract act, 1872. under section 17 an act or omission including silence when there is a duty to speak has to be proved on the part of the state trading corporation the ..... must be (a) absolute and unqualified, and (b) expressed in some usual and reasonable manner, according to section 7 of the contract act. the acceptance which puts forward terms not contained in the offer amounts to a counter-offer. (10) further, the counter-offer concluded as follows :-'our ..... to the application under section 20. the expression 'validity of the contract' used in section 33 would include every contention which would go to the validity of the contract and which would make the contract invalid if proved. under the scheme of the contract act, the invalidity is of two kinds. either an' agreement is ..... validity of the agreement between the parties including the arbitration clause on the ground that the contract was voidable under section 19 of the contract act having been caused by fraud within the meaning of section 17 of the act. this plea had to be decided by the court and could not be decided by ..... thereforee, referred the case to arbitration. with intent to deceive the unicel or to induce the unicel to enter into a contract with the state trading corporation. no such act or omission could be ascribed to the state trading corporation because it was under no duty to speak to the unicel about .....

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Oct 21 1987 (HC)

Charan Singh Vs. Security Finance (P) Ltd.

Court : Delhi

Reported in : AIR1988Delhi130; 34(1988)DLT18; 1988RLR74

..... namely, bhiku ram. (4) the learned counsel for the appellant has drawn my attention to the provisions of sections 133 to 139 of the indian contract act, 1872, in support of his contention that as soon as any composition has been made by the decree holder with the principal debtor the liability of the ..... the decree from any of the judgment debtors and he may not pursue his remedy against one or the other judgment debtor. the provisions of the contract act, referred to above, apply only where the rights of the parties have not crystalised and merged in a decree 23 of the court. those ..... the principal debtor and the character of the surety change into those of co-judgment debtors. the provisions of sections 133 to 139 of the contract act apply only where no decree has been 21 passed by the court. i may refer to one judgment of the madras high court reported as ..... , the award could be executed against the surety. neither section 10(2), madras debt conciliation act, nor section 134, contract act, operated to effect a valid discharge of the surety's liability under the award. section 134, contract act, was not applicable to a case where the creditor had obtained a decree against both the ..... have application only as long as no decree is passed against the principal debtor and the surety on the basis of the contract. the above provisions of the contract act which govern the rights and liabilities of the creditor, the principal debtor and surety, cease to operate after the rights and liabilities .....

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Apr 30 1992 (HC)

Kishan Das Vs. Municipal Corporation of Delhi and anr.

Court : Delhi

Reported in : 47(1992)DLT461

..... request made by the municipal corporation of delhi, supplies of coal were made, the case has to be decided keeping in view the provisions of section 70 of the indian contract act, 1872 to compensate the supplier for the supply of coal to the municipal corporation of delhi. there is no dispute in this behalf between the parties.(3) after trial, the learned ..... recovery of the balance amount and interest thereon.(2) at the outset it may be noted that in order to have a legal contract with the municipal corporation of delhi there has to be a formal contract, as required by section 203 of the delhi municipal corporation act, 1957 read witht he rules and since in this case without execution of any formal .....

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Apr 01 1998 (HC)

Qaiser Jahan Begum and Another Vs. M/S Ramzan Karim and Sons

Court : Delhi

Reported in : 1998IVAD(Delhi)57; 1998(46)DRJ7

..... despite repeated requests made on behalf of the plaintiffs.21. the question now arises as to what relief the plaintiffs are entitled to in law. section 160 of the indian contract act, 1872 deals with the return of goods in such a situation and the same reads as follows:'160. return of goods bailed, on expiration of time or accomplishment of purpose.- it ..... 9, 1987.'10. the suit having been filed on january 29, 1988 is, accordingly, held to be within time in view of the provisions of article 11 of the limitation act, 1963. issue no.2 is, thereforee, decided in favor of the plaintiffs.11. issue no.4 the plaintiffs have stated in the plaint that plaintiff no.1 has been carrying .....

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Dec 13 1994 (HC)

State Bank of India Vs. Punjab National Bank

Court : Delhi

Reported in : I(1996)BC251; 57(1995)DLT55

..... no. 1 to whom the money was passed on and defendant no. 1 may have its own remedies against its principal.(13) section 72 of the indian contract act, 1872, is as follows: '72.liability of person to whom money is paid, or thing delivered, by mistake or under coercion- a person to whom money has ..... framed on 5/5/1970:- 1.is the plaintiff entitled to recover any amount from defendant no. 1 under the provisions of section 72 of the indian contract act, 1872 ifso, to what amount is the plaintiff entitled and on what basis?2. is the plaintiff entitled to the recovery of rs. 80,605.00 from ..... india regarding rights arising in respect of payments made under mistake of fact or even under mistake of law, under the provisions of section 72 of the indian contract act. the apex court in (1959) scr 1350 titled sales tax officer,banaras & others v. kanhiya lal mukund lal saraf, held that the term 'mistake'in ..... the case against defendant no. 1 on allegations other than the allegation that defendant is liable in view of the provisions of section 72 of the indian contract act also, but this will be done within the ambit of the allegations made in the plaint. it was observed that defendant no. 1 will beat liberty ..... of estoppel was totally denied as arising in law or fact. it was urged that liability of defendant no. 1 arose under section 72 of the indian contract act as being a statutory liability. it was not accepted that defendant no. 1 bank has passed on the money to its principal. in anycase, it was .....

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