Court : Kerala
Reported in : AIR1985Ker262
..... :'where a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the ..... take into account the surrounding circumstances and the evidence regarding rate of the market on the subsequent dates with a view to awarding proper damages in terms of section 73, contract act. this principle is founded upon the general duty of the seller to mitigate his damages by taking all reasonable steps to minimise his loss. the seller must therefore take reasonable ..... , sale of goods act, 1930, says :'where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance.'the measure of damages has to be determined with reference to the rule in hadley v. baxendale, (1854) 9 ex. 341, 354, which is incorporated in section 73, contract act, 1872. this section reads ..... -1975, totally denying any liability or responsibility on his part for the goods despatched by plaintiff 2. he even questioned the very existence of the contract. since the defendant refused to act up to his obligations under the contract, the goods were sold by plaintiff 2 on 27-9-1975 to yarn distributors for the best available price in the market. as a .....Tag this Judgment!
Court : Chennai
Reported in : AIR2008Mad218; 2008(44)CTC75; 2008(2)CTLJ169(Mad)
..... influence _ (1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a ..... pay the crane charges ?11. before delving into the matter, it is useful to extract section 69(2) of the indian partnership act, 1932 and sections 16, 196 and 199 of the indian contract act, 1872.12. section 69(2) of the indian partnership act, 1932, reads as under:69. effect of non-registration. (1) ...(2) no suit to enforce a right arising from a ..... contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and ..... the persons suing are or have been shown in the register of firms as partners in the firm.13. sections 16, 196 and 199 of the indian contract act, 1872, run as below:16. undue .....Tag this Judgment!
Court : Mumbai
Reported in : 1999(1)ALLMR389; 1999(1)BomCR393
..... , 23 and 24 deal with who can be a member having regard to the principles of open membership. broadly speaking, an individual who is competent to enter into a contract under the indian contract act, 1872, is eligible to become a member; subject of course, to certain exceptions carved out in section 22 itself. under section 23 refusal to admit a person who is ..... of a member belonging to the kanara saraswat community. under the amendment, as directed, it has been provided that: (a) a person who is competent to enter into contract under the indian contract act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a person of unsound mind, inheriting share or interest of the society ..... to the provisions of section 24, no person shall be admitted as a member of society except the following, that is to say: (a) an individual, who is competent to contract under the indian contract act, 1872, (b) a firm, company or any other body corporate constituted under any law for the time being in force, or a society registered under the societies registration ..... in particular to sections 4, 9, 22 and 23. admittedly, the third respondent or her husband was a person competent to enter into contract under the indian contract act, 1872 and fulfilled all the requirements of sub-section (1) of section 22 to be eligible to become a member. the society could not refuse admission to the third respondent or .....Tag this Judgment!
Court : Mumbai
Reported in : 1992(2)BomCR125; (1992)94BOMLR620; 80CompCas740(Bom); 1992(2)MhLj1110
.....  73 comp cas 701. it was pointed out there that statutory provisions regarding guarantees were to be found in sections 124 to 147 of the indian contract act, 1872, and that specifically section 126 of the contract act dealt with guarantees. then, a reference was made to the supreme court decision in punjab national bank ltd. v. shri vikram cotton mills ltd. : [ ..... the bank issues the bank guarantee. thus, if a contract between two persons postulates that one of them shall furnish a bank guarantee, then the bank ..... guarantee requires concurrence of three persons. this being the situation, a contract of guarantee, because of section 126 of the contract act, has always to be considered as a tripartite document in india ...... by virtue of the provisions of section 126 of the indian contract act, 1872, every bank guarantee is a tripartite contract between the banker, the beneficiary and the person at whose instance ..... with what the supreme court held in punjab national bank's case  40 comp cas 927 on the meaning of a guarantee as defined in section 126 of the contract act. i, therefore, hold that the dispute regarding invoking the bank guarantee is referable to arbitration. 10. as regards the second question, the relevant portion of the bank guarantee .....Tag this Judgment!
Court : Mumbai
Reported in : (1952)54BOMLR492
..... to the admissibility of any such evidence. they then dealt with the argument that the representation found proved amounted to fraud as defined in section 17(3), contract act, 1872.that contention was also overruled, because there was no finding that the defendant at the time of making the representation had no intention of performing it. he ..... the transaction itself and enables the party to avoid the transaction. it must be fraud within the meaning of the term as used in section 17(3), contract act, and unless and until the allegations amount to that, there cannot be any valid plea of fraud which can be taken up by a party. merely because ..... of the privy council in this case stands, it is very easy to understand the same. if a has executed a document containing the terms of a contract, grant or other disposition of property in favour of b, no evidence of any oral agreement or statement can be admitted as between a and b or ..... elementary, we should set out the terms of section 92 which would fall to be construed by us in this appeal:'when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to ..... 11 the plaintiff had a second attack of paralysis. his condition grew worse by about 1915 and he was taken to bombay for treatment. he had to contract further debts. on 24-6-1919, he executed a mortgage of four plots out of the properties contained in schedules c and d to the plaint .....Tag this Judgment!
Court : Mumbai
Reported in : 2001(4)ALLMR377; 2001(4)BomCR512
..... .7. having considered these defences, i am of the view that there is no substance in the defences. the liability of the guarantor is, under section 128 of the indian contract act, 1872, co-extensive with the liability of the principal borrower. the material terms of the guarantee have already been adverted to in the earlier part of this order. the summary suit ..... and the plaintiff be regarded as principal debtors and shall not be entitled to any of the rights conferred under sections 133, 134, 135, 139 and 141 of the indian contract act, 1872.3. the plaintiff has stated that it disbursed an amount of rs. 19 lakhs to the principal borrower. interest was payable quarterly on 31st january,30th april, 31st july and ..... against the guarantors of the amount due on the said account and shall not be questioned by the guarantors. under clause (8) of the guarantee, the plaintiff was entitled to act as if the guarantors were the principal debtors to the plaintiff. the guarantee was to be a continuing guarantee under clause (10). by clause (16) of the guarantee, it is .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2005Bom224
..... .10. mrs. s. s. naik, learned counsel on behalf of the plaintiff, has placed reliance on sections 126, 127 and 128 of the indian contract act, 1872 and has also placed reliance on the cases reported in m/s. m. ramnarain pvt. ltd. v. state trading corporation of india ltd. air 1988 ..... bank.23. in the above context, the hon'ble supreme court with reference to section 141 of the indian contract act, 1872 observed that 'it is true that section 141of the indian contract act has limited the surety's right to securities held by the creditor at the date of his becoming surety ..... placing reliance on sections 135, 139 and 141 of the indian contract act, 1972. mr. ramani, learned counsel has also placed reliance on the case reported in : 3scr724 .12. a brief reference to the relevant sections of the indian contract act, 1872 (act, for short) relied upon by the learned counsels will not ..... be out of context.13. section 126 defines a 'contract of guarantee', 'surety', 'principal debtor' and 'creditor' and states that a 'contract of guarantee' is a contract to perform the promise, or discharge the liability ..... however, this could not be considered to be a 'promise to give time' to defendant no. 1 as contemplated by section 135 of the indian contract act. it is to be noted that by virtue of agreement of guarantee - exh. pw. 1/22 the defendant nos. 2 to 4 had agreed .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1990All205; (1990)3UPLBEC1643
..... transaction goes forward. can this earnest money be forfeited in the present case? it is the case of the corporation that it was paralysed in finalising the contract. the terms of s. 56 of the contract act, 1872, apply to the present case.35. section 56 lays a positive rule relating to frustration and does not leave the matter of frustration to the court ..... in certain litigations. this has reference to the letter no. c-365 dated 19 september, 1989 it wrote to the petitioner company.30. in terms of sec. 4 of the contract act, the acceptance was not complete, as it was never made. it was never put into transmission. the offers of the petitioner company were never accepted, within the period stipulated. the ..... the law. the misunderstanding is in not appreciating the facts with the law.27. the contract act refers to the formalities of communications and when such communications are complete. both an offer or an acceptance are modalities of communications, without which a ..... of finding out when the proposal, the acceptance and revocation are complete by the communication of it.26. the mechanics of this state contract in the process of it's making will have to be seen under the contract act. the parties, the court is afraid, have not aided the court to see the facts of this case, which are not disputed, with .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1957All644
..... to us to be well-founded. a reference to section 37 of the contract act, 1872, act ix of 1872, would indicate that there is repugnancy between the provisions of the indian contract act and the provisions of u. p. act x of 1949. section 37 of the indian contract act runs as follows:'the parties to a contract must either perform, or offer to perform their respective promises, unless such ..... the same matter' (the remaining portion is not relevant) .7. learned counsel for the appellant argued that the provisions of the u. p. act being in conflict with the provisions of the contract act (act ix of 1872), which is a central act, were to that extent void under sub-section (1) of section 107. the provincial legislature could, however, under section 107(2) enact a ..... valid piece of legislation repugnant to the provisions of an earlier federal law or an existing indian law (i.e., the contract act in the present case) provided .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1967SC1105; 1967(0)BLJR313; 1967MhLJ497(SC); 1SCR266
..... the forest contractor. the surety kaluram contends that because the state lost or parted with the security he stood discharged. by s. 140 of the indian contract act, 1872, where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety, upon payment ..... condition as they formerly stood in his hands.'' subject to certain variations, which are not material for the matter under discussion, s. 141 of the contract act incorporates the rule of english law relating to the discharge from liability of a surety when the creditor parts with or loses the security held by him ..... agent. by r. 13 the forest contractor is required to remove forest produce only by the route or routes specified by rules under the act, or by his forest contract, and to take all forest produce removed by him to such depots or places as may be similarly prescribed, for check and examination. ..... removal of goods sold until the price was paid : that right was lost. the right conferred by s. 83 of the forest act and under the terms of the contract to prevent removal and right to sell goods for non-payment of the price, coupled with the charge on the goods constituted the ..... , and that those rules, shall be deemed to be binding on every forest contractor not only as rules made under the forest act, but also as conditions of his forest contract. by r. 6 the forest contractor is required to carry with him an 'accessory licence' entitling him and his servants and .....Tag this Judgment!