Court : Supreme Court of India
Reported in : AIR1970SC546; 1970(0)BLJR790; 1970MhLJ674(SC); (1969)3SCC120; 2SCR854
..... to the terms of the agreement. by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms, of the contract the obligations of the parties have to be performed in a certain sequence, one of the ..... parties to the contract cannot require compliance with the obligations by the other party without in the first ..... instance performing his own part of the contract which in the sequence of obligations ..... the property and he had in pursuance thereof paid an amount of rs. 22,011/-. the argument raised by counsel for nathulal that the act done in pursuance of the contract must be independent of the terms of the contract cannot be accepted. the first three conditions for the defence of part performance to be effectively set up by phoolchand exist. mr. shroff .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; Supp1SCR485
..... such an inconsistent contract should not be inconsistent with the provisions of the indian contract act. thus in absence of any contrary provision in the contract, section 108 will operate on its own. if there is ..... prevail. but if any contrary provision is mentioned in the contract qua such rights and liabilities then because of section 4 of the property act such a contrary provision in the contract will get saved on the combined operation of section 4 of the property act and section 1 of the indian contract act, 1872. but that would also be subject to the rider that ..... contained shall affect the provisions of any statute, act or regulation not hereby expressly ..... that it is subject to the contract or local usage to the contrary and that section 4 of the property act lays down that chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1972. our attention, in this connection, also was invited to section 1 of the indian contract act, 1872 which provides that :'nothing herein .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2006(6)ALD11(SC); 2006(4)AWC3177(SC); (SCSuppl)2006(4)CHN128; JT2006(6)SC578; 2006(4)KLT520(SC); 2006(7)SCALE302; (2006)6SCC351; 2006(2)LC1026(SC)
..... up and devised by the plaintiff with objects which were opposed to public policy and were prohibited by statutes like kerala stamp act and income tax act, 1961 and were void under section 24 of the indian contract act, 1872 (in short the 'contract act'). the three buildings in the property were solid constructions. the demolition of the buildings was inconceivable and defendant no. 2 was never ..... manifest that the conduct of the plaintiff entitles him to get the relief on perusal of the plaint he should not be denied the relief.12. section 23 of the contract act lays down that the object of an agreement becomes unlawful if it was of such a nature than, if permitted., it would defeat the provisions of any law.13. the ..... have hold on each other another agreement was prepared declaring the actual price of rs. 8 lakhs. it was further urged that section 23 read with section 24 of the contract act rendered the agreements void. the high court should have noted that the agreements were immoral or opposed to public policy. this is the essence of section 23 of the ..... contract act. similarly, section 24 postulates that the agreement would be void if the considerations and the object are unlawful in part. closing down a well-running school managed by dedicated missionaries .....Tag this Judgment!
Court : Delhi
Reported in : 149(2008)DLT723; 2008(101)DRJ540; [2008(118)FLR45]; (2008)IIILLJ883Del
..... decision making process shall take place at various levels of the banks....64. once it is held that the provisions of the indian contract act, 1872 would be applicable, the scheme admittedly being contractual in nature, the provisions of the act shall apply. the scheme having regard to its provisions as noticed hereinbefore would merely constitute invitation to treat and not an offer.65 ..... a voluntary retirement scheme an employee opts thereforee, he makes an offer which upon acceptance by the employer gives rise to a contract. thus, as the matter relating to voluntary retirement is not governed by any statute, the provisions of contract act, 1872, thereforee, would be applicable too see: bank of india v. o.p. swarnakar (supra).20. in para 28 of the said ..... option under the scheme, the employees did not derive an enforceable right, the same in absence of any consideration would be void in terms of section 2(g) of the contract act as opposed to section 2(h) thereof.22. the aforesaid ratio of the decision of the o.p. swarnakar and ors. case (supra) came to be referred to and relied ..... , the terms and conditions of the voluntary retirement scheme herein are not governed by any statutory rules but are a matter relating to contract and, thereforee, the provisions of the contract act would be applicable, both on the formation of the contract and also the determination thereof.24. consequently, we hold that the appellant could have taken a decision to decline the request of .....Tag this Judgment!
Court : Delhi
Reported in : 1993(27)DRJ134
..... is clearly proved that the plaintiff had withdrawn their tender before its acceptance by the defendant and there was no concluded contract in terms of section 4 of the indian contract act, 1872. in support of his contention the learned counsel placed reliance on a judgment of allahabad high court reported in the ..... had always been to the extent of rs.20.00 lacs but by making a huge claim coupled-with withholding of the payment against other contracts, the defendant prevented the plaintiff from carrying on the business with the government and in consequence the turn over of the plaintiff in its ..... offer is without any merit. revision of price is totally a new condition and unless the revised price is accepted by the defendant, no valid contract comes into existance. (14) in view of the above discussion i hold that the plaintiff firm had withdrawn their tender before its acceptance by ..... damages, if any, is the plaintiff entitled? 5.is plaintiff entitled to relief of injunction against the defendant? 6.in case there was a concluded contract between the parties, did defendant cancel the same during the period it was in operation? 7.if preceding issue is proved, was the cancellation valid? ..... the defendant in its written statement has controverter the allegations made in the plaint and it has been stated in the written statement that the contract between the plaintiff and the defendant was complete on 23.10.1980 itself when the advance acceptance of the tender was issued by the defendant .....Tag this Judgment!
Court : Delhi
Reported in : 103(2003)DLT139; 2003(67)DRJ184; 2003(26)PTC186(Del)
..... alleged that the agreement dated 24th august 1994 is in restraint of trade and, thus, void ab-initio under section 27 of the contract act, 1872. it is claimed that act of authoring volumes 2 and 3 in question by defendant no. 3 for defendants 1 and 2 is perfectly within the bounds of ..... , being in restraint of trade, is void under section 27 of the contract act.'9. aforementioned taprogge gesellschaft mbh and pepsi food ltd cases (supra) have no applicability as they pertain to post termination and not during the continuance ..... is subsisting, the said stipulation cannot be held to be in restraint of trade so as to attract the bar of section 27 of the contract act. we are, thereforee, unable to upheld the contention of sh. shanti bhushan that the negative stipulation contained in paragraph 14 of the 1993 agreements ..... this brings me to another limb of argument about later part of clause 13 being in restraint of trade and opposed to section 27 of the contract act. paras 31 to 34 of the decision in gujarat bottling co. ltd. and ors. v. coca cola company and ors. 1995 (5) sc ..... 13. in the alternative, further submission advanced was that later part of said clause being unreasonable is in restraint of trade and opposed to section 27 of the contract act. reliance was placed on the decisions in superintendence company of india (p) ltd. v. krishan murgai : (1981)illj121sc , taprogge gesellschaft mbh v. iaec .....Tag this Judgment!
Court : Delhi
Reported in : 116(2005)DLT493
..... in view of section 23 of the contract act. it was held in paragraph 91 of the report as ..... in the light of the principle laid down, such a contract would be avoidable having been induced by undue influence as defined in section 16(1) of the contract act, 1872 or whether it is a void contract. the supreme court concluded that such a contract would be void as being opposed to 'public policy' ..... by the weaker party under pressure of circumstances, generally economic, which results in inequality of bargaining power. such contracts will not fall within ..... instance, the above principle will apply where the inequality of bargaining power is the result of the great disparity in the economic strength of the contracting parties. it will apply where the inequality is the result of circumstances, whether of the creation of the parties or not. it will apply ..... follows:-'in the vast majority of cases, however, such contracts are entered into .....Tag this Judgment!
Court : Delhi
Reported in : 2006(3)ARBLR194(Delhi); II(2006)BC296; 128(2006)DLT128; 2006(87)DRJ196
..... supply the roller/rockers as per the agreed schedule and no improvement was noticed despite repeated reminders. thereforee, in view of section 25 of the contract act, 1872 as well as clause 7 of the supply order, nbcc was fully competent to cancel the supply order as no extension of time was granted ..... . the government of kerala and anr. : 1scr665 .8. it is also a settled proposition of law that if the termination of the contract is illegal, the erring party shall compensate the other party and the contractor in such a case will be entitled to claim damages for the loss of ..... the supply within the stipulated delivery period failing which the order can be cancelled for unsupplied quantities. since the petitioner failed in performance of the contract, the overall progress of the construction of the bridge was adversely affected. vide letter dated 23rd october 1986 nbcc cancelled 50% of the work ..... bearing (mechanical component for construction of the bridge). as per the terms and conditions of the supply order, time was the essence of the contract. supplier was required to supply three sets of roller on or before 4th september 1986 and ten sets of roller in each succeeding month i. ..... if the arbitrator has reached a wrong conclusion by misinterpreting some provisions of the contract, that will be no ground to set aside the award.13. while considering the objections under sections 30 and 33 of the arbitration act, 1940 to the award dated 30th april, 1996, the court does not partake .....Tag this Judgment!
Court : Kerala
Reported in : AIR1982Ker281
..... is named in the contract as the amount to be paid in case ..... resulting from the breach of the contract, claim for compensation will lie in the light of section 74 of the contract act, 1872 (for short the 'act'). 5. the main part of section 74 of the act reads thus : '74. compensation for breach of contract where penalty stipulated for.-- when a contract has been broken, if a sum ..... applying the rules of english common law to the cases before the courts. it was in this background that the indian contract act was enacted in 1872. it represents in effect and substance the code of english law. 11. 'damages' is a common law remedy for breach of ..... ): (at p. 1411 of air): 'section 74 of the indian contract act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where the contract contains any other stipulation by way of penalty. we are in the ..... 'compensation' signifies restoration of position or making things equivalent or recompense. necessarily something must have happened as a result of the breach of the contract which requires an act of recompense or restoration. if the breach has not resulted in any harm, loss or damage to the other party, the question of recompensing .....Tag this Judgment!
Court : Kerala
Reported in : AIR1999Ker72
..... have a peep into the sanctity of bank guarantees in commercial transactions. section 126 of the indian contract act, 1872 defines 'contract of guarantee' as a contract to perform the promise, or discharge the liability, of a third person in case of his default. the contract of guarantee is a trilateral contract, that is to say three persons, surety, principal debtor and creditor are involved. generally speaking ..... injunction is to restrain the bank from performing the bank guarantee which cannot be done whereas the respondent could sue the appellant for damages.20. section 17 of the indian contract act defines 'fraud'. it is a comprehensive term and embraces large number of delinquencies. a person who alleges fraud must give particulars thereof in his pleadings. it must be established ..... supreme court in new india assurance company ltd. v. kusumanchi kameshwara rao and another (1997) 9 scc 179 held that as per sections 91 and 92 of the indian evidence act, 1872 no evidence dehors the terms of the agreement, whether documentary or oral, can be led by the parties to get out of the express terms thereof. it further held :'whether ..... against dues to greater cochin development authority/hscl if any.14. it is no doubt true that the terms and conditions of the contract do not specifically refer to the payment of contribution under the welfare fund act. that does hot mean the whole transaction is vitiated for exercise of fraud. whether such payment falls under any general provisions of the .....Tag this Judgment!