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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Page 1 of about 380,815 results (0.347 seconds)

Jan 17 2020 (HC)

M/S Parth Infrapromotor Llp Vs. M/S Maverick Property Investments pvt. ...

Court : Karnataka

..... to the provisions of section 2(b) and 2(c) of the indian contract act, 1872, the definition of promise, promisor and promisee. section 42 of the act stipulates devolution of joint liabilities and section 43 of the act stipulates that any one of joint promisors may be compelled to perform and contended ..... in the event of 32 either party to the agreement committing breach, the aggrieved party shall be entitled to enforce specific performance of the said contract. under clause 12.2 prescribes that, in the event the vendors are unable to secure the entire extent of the schedule property, the ..... of agreement. clause 12.1 of the agreement dated 02.11.2011 stipulates that aggrieved party shall be entitled to enforce specific performance of contract and also recover costs, expenses and losses incurred by the aggrieved party. clause 12.2 stipulates that in the event of vendors are ..... an international commercial arbitration, cannot be taken forward. as respondent 1 is a company having been established under the provisions of the indian companies act and having its 46 registered office in india, the applicant can pursue its remedy against respondent 1 for appointment of a sole arbitrator to ..... se dispute between the vendors. therefore, the present civil miscellaneous petitions filed under the provisions of section 11(6) of the arbitration and conciliation act, 1996, for appointment of sole arbitrator are not maintainable and are liable to be dismissed. under clause iii, vi and vii refers to .....

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Dec 09 2019 (HC)

Cargill India Pvt Ltd & Ors vs.deepayan Mohanty

Court : Delhi

..... a rule which allowed the employer to forfeit gratuity in a case where the employee engages in competitive activity as void, as it was violative of section 27 of the contract act, 1872.23. it is further submitted that once the appellants declared that the respondent shall receive the incentive award, the incentive award vested with the respondent. it belonged to the ..... commodity trading within two years of leaving the appellant, the deferred incentives, which stood vested in him, shall be forfeited. this is in clear violation of section 27 of the contract act, 1872 as it restrains the respondent from working in the industry of his skill and expertise. reliance is placed on paras 56 and 63 in the case of percept d' mark ..... of usd545000.00, along with usd libor+1%.21. it is submitted by the learned counsel for the respondent that the forfeiture provision is violative of section 27 of the contract act, 1872 and thus, was rightly declared as unenforceable by the learned single judge. it is submitted that the forfeiture provision restrains the respondent from continuing his career after quitting the job ..... has been consistent, unchanging and completely settled in our country. the legal position clearly crystallised in our country is that while construing the provisions of section 27 of the contract act, neither the test of reasonableness nor the principle of restraint being partial is applicable, unless it falls within express exception engrafted in section 63. under section 27 of the .....

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Dec 09 2019 (HC)

Unibros vs.all India Radio & Anr.

Court : Delhi

..... . the second award was held to be contrary to the settled legal position and also to the substantive law of land which is the indian contract act, 1872 ( contract act ) and was held as perverse and shocked the conscience of the court.17. we have reproduced the relevant paragraphs of the second award to ..... support the plea of loss of profit. thus, the findings returned by the arbitrator are contrary to the law of the land, more particularly the contract act which deals with the loss of profit.20. resultantly, for the reasons stated above, we find no illegality or infirmity in the judgment passed by ..... of profit rs.2.00 crores in my award dated 11/2/1999 the claims nos. 10, 11 and 12 under section 73 of the contract act were collectively dealt since the basis of all the claims was the reasons of delay and consequently the claims of damages/losses preferred by the ..... that no sufficient evidence had been placed on record by the respondent indicating increase in the prices/rates for the work executed after the stipulated contract period and also on account of establishment, machinery, centering/shuttering etc., claim no.12 was allowed by the arbitrator without even considering whether the ..... the appellant failed to lead cogent or credible evidence on record to prove the loss of profit suffered by the appellant in performance of the contract. learned counsel further submits that the appellant has neither pleaded nor argued that sufficient evidence is available in support of his claim for loss of .....

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Dec 03 2019 (HC)

Gini & Jony Ltd vs.creons Infrastructure Pvt Ltd

Court : Delhi

..... to the seller/appellant who is residing and working for gain at new delhi. trial court has also rightly relied upon section 49 of the indian contract act, 1872 that it was upon the respondent no.1/defendant no.1 to fix the place of payment and which has not been done, and therefore ..... is a settled position of law that debtor has to seek the creditor and in this regard he referred to section 48 and 49 of the indian contract act. i find substance in the aforesaid submissions." 4. now before coming to the arguments of either sides, it would be appropriate to refer to ..... condition of dismantling of the articles and it was not the part of the initial contract. as per the provision of indian contract act, any party can modify or change the terms of the contract and it is called notation of contract but for that purpose, mutual consent of the parties is essential.26. from the ..... issues. therefore, this court holds that the plaintiff cannot be faulted for not following the said instructions. when the plaintiff had performed his part of contract, he is entitled for recovery of amount.27. the plaintiff has placed on record an invoice ex.pwproviding the details of each and every articles and ..... b) that the respondent could claim only rs.4,65,000/- viz. alleged the actual loss, i disagree, as the respondent had completed its work per contract, except some glass work was left. further, though the appellant had asked the respondent to dismantle each fitting and use it either at ranchi or kolkata, .....

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Dec 03 2019 (HC)

Vesta Holding Private Limited & Anr vs.akm Enterprises Private Limite ...

Court : Delhi

..... that no leases were entered into with any of the five brands.46. though senior counsel for akm has also referred to section 51 of the contract act, 1872 concerning reciprocal promises and to nathulal vs. phoolchand (1969) 3 scc120but it is akm which on interpretation of the mou has been found to be ..... delhi development authority (2015) 4 scc136set aside a judgment of the division bench of this court allowing appeal (by relying on section 74 of the contract act) against the judgment of the single judge of this court ordering refund of earnest money on the ground that the seller had not suffered any loss. ..... required to pay such compensation in terms of section 73 of the contract act; (iii) that section 74 of the contract act is to be read with section 73 thereof and in every case of breach of contract, the person aggrieved by the breach is not required to prove actual loss or damage ..... is competent to award reasonable compensation in case of breach, even if no actual damage is proved to have been suffered; (iv) that in some contracts, it would be impossible for the court to assess the compensation arising from breach and if the compensation contemplated is not by way of penalty or ..... not entitled to the same; (ii) that if the terms are clear and unambiguous stipulating the liquidated damages in case of the breach of the contract, unless it is held that such estimate of damages/compensation is unreasonable or is by way of penalty, party who has committed the breach is .....

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Dec 03 2019 (HC)

Akm Enterprises Private Ltd vs.vesta Holding Private Ltd & Anr

Court : Delhi

..... that no leases were entered into with any of the five brands.46. though senior counsel for akm has also referred to section 51 of the contract act, 1872 concerning reciprocal promises and to nathulal vs. phoolchand (1969) 3 scc120but it is akm which on interpretation of the mou has been found to be ..... delhi development authority (2015) 4 scc136set aside a judgment of the division bench of this court allowing appeal (by relying on section 74 of the contract act) against the judgment of the single judge of this court ordering refund of earnest money on the ground that the seller had not suffered any loss. ..... required to pay such compensation in terms of section 73 of the contract act; (iii) that section 74 of the contract act is to be read with section 73 thereof and in every case of breach of contract, the person aggrieved by the breach is not required to prove actual loss or damage ..... is competent to award reasonable compensation in case of breach, even if no actual damage is proved to have been suffered; (iv) that in some contracts, it would be impossible for the court to assess the compensation arising from breach and if the compensation contemplated is not by way of penalty or ..... not entitled to the same; (ii) that if the terms are clear and unambiguous stipulating the liquidated damages in case of the breach of the contract, unless it is held that such estimate of damages/compensation is unreasonable or is by way of penalty, party who has committed the breach is .....

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Nov 28 2019 (HC)

Rampat (Deceased) Thr Lrs & Ors vs.m/s Versatile Commotrade Pvt Ltd

Court : Delhi

..... it was at the time of entering into an agreement.9. section 73 and 74 of the indian contract act, 1872 need to be read together. if a liquidated amount/penalty is mentioned in a contract it is an upper ceiling and does not mean if there is no loss then also one need to ..... forfeit an amount received under the agreement to sell is subject to loss being caused and appropriation is actually pursuant to section 74 of the indian contract act by taking the advance payment received as liquidated damages, but once there is no plea of loss being caused alongwith necessary details, there does not ..... fixed on well known principles that are applicable to the law of contract, which are to be found inter alia in section 73 of the contract act.3. since section 74 awards reasonable compensation for damage or loss caused by a breach of contract, damage or loss caused is a sine qua non for the applicability ..... arise issue of appropriation by the defendants, of the advance price received under the contract as liquidated damages.7. in my opinion, an amount of rs.1,35,00,000/- cannot be taken as earnest money inasmuch as, earnest money ..... of breach is entitled, whether or not actual loss is proved to have been caused, thereby to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named. xxxxxx 7. the appellants thus argued it was for the respondent to prove the loss suffered by it .....

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Nov 26 2019 (HC)

The Chief Engineer Vs. Sri. Gopalkrishna

Court : Karnataka

..... (9 of 1872). (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by ..... limitation act would apply. this is because on an interpretation of section 34(3) of the act vis--vis the applicability of section 5 of the limitation act, it would also be necessary to consider section 29(2) of the limitation act. section 29(2) of the limitation act reads as under:29. savings.(1) nothing in this act shall affect section 25 of the indian contract act, 1872 ..... does not resort to procrastination or dilatory tactics, but seeks the remedy within a time fixed by the legislature. but in certain special circumstances like section 27 of the limitation act, once the remedy becomes barred by limitation, the right itself gets extinguished, that is, when a suit for possession of any property gets extinguished on the determination of period ..... past which have not been agitated unexplainably and have from lapse of time become stale.-.: -"according to halsbury's laws of england, vol. 28, p.266:605. policy of limitation acts. the courts have expressed at least three differing reasons supporting the existence of statutes of limitations namely, (1) that long dormant claims have more of cruelty than justice in them .....

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Nov 08 2019 (HC)

Vinay Kumar vs.deepak Mongia

Court : Delhi

..... which may be far above the rates prevalent in the market and if it does so, it is bound by the said agreement. of course, section 74 of the indian contract act, 1872 provides that agreement for payment of amount to be paid in case of breach or by way of penalty entitles the party not in breach to recover reasonable compensation not ..... not vacating and/or voluntarily handing over possession to the lessor, a lessee invites upon himself the liability towards mesne profits/damages arising out of the lessee s own wrongful act and when the lessee does something with knowledge of its adverse consequences then he must face such consequences.12. further, in lalit mohan madhan (supra) para no.6 of the .....

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Nov 01 2019 (HC)

Kashyapi Infrastructure Pvt Ltd vs.national Buildings Construction Co ...

Court : Delhi

..... by the counsel for the defendant no.1, is void for uncertainty under section 29 of the contract act, 1872. with respect to the query contained in the order dated 16th september, 2019 qua section 70 of the contract act, it is contended that the plaintiff was not bound to claim the monies due from the defendant ..... of the plaintiff not seeking recovery of monies from the defendant no.2 under sections 70 and/or under section 226 read with section 230 of the contract act since it is the defendant no.2 who is stated to be the beneficiary of the works carried out by the plaintiff?. the entire monies received by ..... to therein, which have been unequivocally accepted by m/s kashyapi infrastructure pvt. ltd., vide their acceptance given on our letter of award resulting into contract. of award no.nbcc/ed-rbg10 it is evident from a reading of the aforesaid that the agreement in the present case was entered into by ..... the meetings at any place in india at his own cost with nbcc, owners/clients or consultants of nbcc/owner/client during the currency of the contract, as and when required and fully cooperate with such persona and agencies involved during these discussions. the contractor shall not deal in any way directly ..... no.2 owing to lack of privity with the defendant no.2. it is further contended that section 70 would not apply in the facts, as in the present case the plaintiff has a contract .....

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