Court : Appellate Tribunal for Electricity APTEL
Decided on : Jan-05-2011
..... 14.9.2006. the grounds which were not raised before the central commission relating to the waiver and unjust enrichment and section 65 of the contract act, 1872 cannot be allowed to be raised before this tribunal in these appeals, that too, in the application to condone the inordinate delay. hence, the ..... contrary to the regulations, even then nlc is liable to restore the benefit which has accrued to it under the said void contract as provided under section 65 of the indian contract act. (f) prior to the commencement of regulation 2001, the respondent and the appellant had entered into various agreements, namely, ..... the presentation would entitle the appellant maximum rebate, namely, 2.5%. this agreement also had a clause that even after the expiry of the contract, the terms and conditions mentioned in the agreement would continue till such time it was formally renewed or replaced. thus, the said arrangement was ..... department and the accounts department did not have knowledge of the 3 documents till march, 2009, it implies that both these departments could not have acted on the basis of any inference based on the contents of these 3 documents. 58. that apart, no affidavit has been filed from the ..... under: proof of sufficient cause is a condition precedent for the exercise of the extraordinary discretion vested in courts by section 5 of the limitation act. what counts is not the length of time but the sufficiency of the cause. shortness of delay is another circumstances to be taken into .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-06-2011
..... be given, but notices have been given. therefore, this is a contrary finding which bars the petitioner from relying on section 55 of the contract act, 1872 and is contrary to law and to public policy. for the said proposition reliance is placed on air 2002 sc 1272 and air 1990 andhra ..... rejection of the counter claim are based on the finding that no liquidated damages were levied. time was the essence of the contract and section 55(iii) of the contract act, 1872 was inapplicable as no notice was given and liquidated damages were released to meet the financial crunch. 2.3 clause 53 ..... contemplated issuance of an auditors certificate and not statement of accounts. the rebate was granted only on the condition that all four contract packages be awarded to ..... to the respondent, therefore, not only is the respondents claim on account of liquidated damages rightly rejected but reliance on section 55 of the contract act can also not be faulted, and air 2002 sc 1272 does not come to the aid of the petitioner although in principle the circumstances in ..... existed and no change was being effected therewith the correction cannot be faulted. 6.11 although the non-applicability of section 55 of the contract act has been espoused but the same cannot be accepted as the extension was granted without any objection raised. in fact sums retained on account of .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-07-2011
..... itself. if such a course is permitted, that might run counter to the object and purpose of inserting sections 23 and 28 in the indian contract act, 1872. in other words, the impact of all this on indian laws would be tremendous. we would be failing in our duty if we do not ..... when a question of fraud is raised, the same has to be considered differently. fraud, as is well known, vitiates all solemn acts. a contract would mean a valid contract; an arbitration agreement would mean an agreement which is enforceable in law."(emphasis supplied).a similar view was taken by a division bench of ..... case, the allegation is that the agreement dated 2 january 1995 was vitiated as a result of a fraud practiced in the implementation of the contract. this is not a situation where the agreement at its inception was vitiated by fraud. an objection of this nature cannot be a ground to ..... or where allegations of fraud are made.15.in one such case in an arbitration application which arose under section 11 of the arbitration and conciliation act, 1996, a learned designated judge of the supreme court in india household and healthcare ltd. vs. lg household and healthcare ltd., declined to refer ..... there be a piece meal reference to arbitration; and (iii) clause 19 of the contract which contains an arbitration agreement contemplates a reference to arbitration by either of two named arbitrators. both of them declined to act as such. the intention of the parties was that the arbitration should be conducted only .....Tag this Judgment!
Court : Delhi
Decided on : Jan-17-2011
..... anr. v. state of andhra pradesh, air 1968 sc 599, the supreme court has observed that the compulsion of law is not coercion as defined in section 15 of the contract act, 1872. 35. in siddheshwar sahakari sakahar karkhana ltd. v. cit,(2004) 12 scc 1, the supreme court observed that:the mere fact that the ..... decision. it was some time during the 36 months between 1990 and 1993.26. the period of limitation for filing a suit for specific performance of contract as provided under article 54 of the limitation act, 1963 is three years which is to be calculated from the date fixed for the performance, or, if no such date is fixed, it would be ..... to exercise its discretion to grant the relief for specific performance under the facts and circumstances of the present case as clause 6 of the contract is hit by section 14(c) of the specific relief act, 1963. the prayer sought by the plaintiff in the present suit to pass a decree for specific performance of the agreement in relation to property ..... ' in the repealed s 21(d) was inaccurate and at the suggestion expressed in earlier edition of the book, the word determinable' has been substituted. a contract, which is in its nature revocable, or determinable as described in this act, is not enforceable by specific performance. specific performance is not decreed if the defendant would be entitled to revoke or dissolve a .....Tag this Judgment!
Court : Kerala
Decided on : Jan-19-2011
Reported in : ILR2011(1)Ker817
..... in the arbitration and conciliationact, 1996 (central act 26 of 1996) or in any other law for the time being in force or in anyjudgment, ..... of1872) or in the arbitration act, 1940 (central act10 of 1940) or ..... the act shall be deemed to have come into force on14th november, 1997. section 3 of the awards act provides forcancellation of arbitration clauses and revocation of authorityof arbitrator. section 3 is extracted below for convenience. "3. cancellation of arbitration clauses andrevocation of authority of arbitrator :- (1) notwithstanding anything containedin the indian contract act, 1872 (central act 9 ..... the project director was requested to indicate the convenient dates. mutual discussion is contemplated under clause 24.1 of the conditions of contract act forming part of the agreement. however, no discussion took place. the applicant invoked the arbitration clause contained in clause 24.2 of the conditions of .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-21-2011
..... asserted a pure private law contractual right. in my view, the petitioners, questioning the validity of sbis demand and consequential exercise of its right under s. 171 of the indian contract act, 1872, should be relegated to the civil court for seeking adjudication and determination of all questions pertaining to sbis s. 171 action. i am, however, unable to see how sbi, ..... to recover the amount mentioned in the letter dated 2nd august, 1994 from the maturity value orf the fixed deposits by exercising its rights under section 171 of the indian contract act, 1872. it is further submitted that the writ court did not decide the actual rights and liabilities of the parties to each other and without ascertaining such rights and liabilities of ..... since the writ court has already relegated the demand made by the appellant to the appropriate civil court in exercise of writ petitioners right under section 171 of the indian contract act, 1872. therefore, the writ court cannot direct the appellant to make any payment to the writ petitioners arising out of the transaction without the matter being decided by the appropriate ..... asserted a pure private law contractual right. in my view, the petitioners, questioning the validity of sbis demand and consequential exercise of its right under s. 171 of the indian contract act,1872, should be relegated to the civil court for seeking adjudication and determination of all questions pertaining to sbis s. 171 action. i am, however, unable to see how sbi, .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-21-2011
..... price on the date of default but also a further sum of 10s. per ton. reference in this connection is made to ss.73 and 74 of the indian contract act, 1872 (ix of 1872), and it is said that the extra amount of 10s. per ton included in the sum of liquidated damages is against the provision of these sections and therefore the ..... the date of the default, this was per se unreasonable and was therefore bad according to the law of india as laid down in ss.73 and 74 of the contract act. 20. again the apex court in the case of fateh chand v. balkishan dass reported in air 1963 sc 1405 (v. 50 c 204) has held as under: (8) the ..... understanding, it would be totally unjustified to arrive at the conclusion that the party who has committed breach of the contract is not liable to pay compensation. it would be against the specific provisions of sections 73 and 74 of the indian contract act. there was nothing on record that compensation contemplated by the parties was in any way unreasonable. it has been ..... bkc in not completing the work in time has been proved. under s.73 of the contract act, therefore, the epi would have been entitled to damages for the breach of contract and such damages would have been the differences in the contract price and the amount with the epi had to spend in getting the work completed. but the epi has not adduced .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-21-2011
..... sufficient cause for not preferring the appeal or making the application within such period. 29. savings. (1) nothing in this act shall affect section 25 of the indian contract act, 1872. (9 of 1872.) (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from ..... question of extending the time could therefore arise. we therefore think that the high court misdirected itself in referring to section 5 of the limitation act." 6. thereafter there are several other authorities of the supreme court taking similar view. the two latest authorities of the supreme court reported in ..... or making the application within such period." the collector to whom the application was made was not a court, though section 15 of the act vested him with certain specified powers under the code of civil procedure; also, the kind of application that was made had no time limit ..... 5 could be invoked in connection with the application made on october 17, 1965 by the first respondent. under section 5 of the limitation act an appeal or application '' may be admitted after the prescribed period if the appellant or applicant satisfies the court that he had sufficient cause for ..... 2. this writ petition is directed against order dated 29.10.1997 passed by district registrar, jalaun in an appeal under section 72 of registration act 1908 samar singh vs. vijai singh. through the impugned order 3 months and 24 days delay in filing appeal has been condoned. the sale .....Tag this Judgment!
Court : Chennai
Decided on : Jan-28-2011
..... on failure to perform the work by the given time, the contract would stand terminated without any further act on the part of the parties. even if the time was the essence of the contract, under section 55 of the contract act, 1872 such a contract will not come to an end by itself after the expiry ..... , otherwise, the option to avoid the contract will be deemed ..... to have been waived and the contract subsisting. ..... of the period and the promisee has to terminate it by proper notice as provided in section 66 of the contract act ..... defendants should be ready to delivery the garments at the rate of rs.1,000/- per piece, which is nothing but a clear act of breach of contract and breach of trust. when the garments were ready, there was no necessity for the plaintiff to place orders with others. there was .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-31-2011
..... the amount so due, the pawnee shall pay over the surplus to the pawnor."(emphasis supplied)39. as per section 176 of the indian contract act, 1872 pawnee is entitled to sell the things pledged on giving the pawner reasonable notice of the sale. in the instant case, under order dated ..... passed in the petition. he therefore submitted that the bank should recover the said amount by following due process of law. section 176 of the indian contract act, 1872 reads as under:-section 176:- pawnee's right where pawnor makes default- "if the pawnor makes default in payment of the debt, or pefrormance, ..... court, after exhaustively considering the earlier judgments dealing with the right of the pledgee in the light of sections 172 to 176 of the indian contract act, 1872 has held that there cannot be any doubt that the rights of the bank over the pawned sugar has precedence over the claims of the ..... the apex court has exhaustively considered the earlier judgments dealing with the right of the pledgee in the light of sections 172 to 176 of the indian contract act, 1872. the apex court considered the following judgments:- (1) lallan prasad v/s.rehmat ali, air 1967 sc 1322, (2) bank of bihar v/ ..... by the kolhapur district central co-operative bank limited (for short "bank), a federal society under the provisions of of the maharashtra co-operative societies act, 1960 praying for directions against the respondent nos.1 to 4, (respondent no.1-the state of maharashtra, respondent no.2-the commissioner of .....Tag this Judgment!