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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Page 1 of about 374,610 results (0.526 seconds)

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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Oct 03 2019 (SC)

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... one person to itself; and that, therefore, the doctrine of agency/trust/mutuality continues as before. he referred to the definition of consideration in section 2(d) of the indian contract act, 1872, which according to him made it clear that consideration must flow from one person to another and in the absence of two players, as in the case of young men ..... argued by shri jaideep gupta, the definition of consideration in section 2(d) of the indian contract act, 1872 necessarily posits consideration passing from one person to another. the definition of consideration as stated in the indian contract act, 1872 is as follows:48. 2. interpretation-clause.- in this act the following words and expressions are used in the following senses, unless a contrary intention appears from ..... club. food and refreshments such as wine, beer and spirits were served to members on payment for the same. the question was whether a license was required under the licence act, 1872, 29 to sell liquor by retail. in this context, the queen s bench division held: i think the true construction of the rules is that the members were the joint ..... the expression "sale of goods" as used in the entries in the seventh schedule to the constitution has the same meaning as in the sale of goods act, 1930. this decision related to works contracts. by a series of subsequent decisions, the supreme court has, on the basis of the decision in gannon dunkerley's case, held various other transactions which resemble .....

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Sep 27 2019 (HC)

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

..... that there was no consent. the underlying 21. regard being had to the aforesaid decisions, it is clear that when waiver is spoken of in the realm of contract, section 63 of the contract act, 1872 governs. but it is important to note that waiver is an intentional relinquishment of a known right, and that, therefore, unless there is a clear intention to relinquish ..... necessary to discuss the larger as question the circumstances subordinate legislation with retrospective effect could be validly made.29. we see no force in this argument. the fact that the act itself makes provision for subsisting contracts being affected, would in our opinion the appellants indicate that in the context of a crisis in forward trading the closing out of ..... : (1987) 1 scr1024 , wherein it is held as follows: (scc pp. 506-07, para12) 12. while as per the contract, parties are governed by the indian arbitration act and the the exclusive jurisdiction to affirm or set aside the award under the said act, the [respondent]. is seeking to violate the very arbitration clause on the basis of which the award has been ..... terms and conditions herein contained. law, electricity (1.3) governing law:-"this agreement shall be governed by the laws at india including contract 2003 environmental law and other applicable laws as amended from time to time. article 7 dispute resolution act (7.2) formal dispute resolution (a) all disputes or differences between the parties arising out of or in connection with this .....

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Sep 25 2019 (HC)

The Deputy Commissioner And Vs. M/S S v Global Mill Limited

Court : Karnataka

..... ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section. x x x 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 the period prescribed by the ..... agency [(2015) 3 klt320:2016. cri.l.j.1101]. (nasir ahmmed), the controversy revolved on the question whether an appeal under section 21 of the national investigation agency act, 2018 (nia act) could be validly filed before the high court after the expiry of ninety days from the date the judgment or sentence or order -: -"appealed from and whether the high ..... the said judgment and award, the reference made by the slao under section 64(1) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (2013 act for the sake of convenience) is allowed and total compensation of rs.207,75,63,348/- (rupees two --"hundred and seven crore, seventy five lakh, sixty three thousand, ..... towers, 3rd floor, podium block, bengaluru560001.... appellant (by sri vasant fernandes, hcgp) and: m/s. s.v. global mill limited, a company incorporated under the provisions of the companies act, 1956, and having its registered office at, no.106, armenian street, chennai, represented by its authorised signatory & manager, mr.k.johnson.... respondent (by sri sajan poovayya and dr.aditya sondhi .....

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Sep 24 2019 (HC)

N. Lakshmana Vs. M/S. The Karnataka State Financial Corporation

Court : Karnataka

..... false, and therefore a misrepresentation, if it was at the material date in fact. section 17 of the indian contract act, 1872 defines "fraud" as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role of representator ..... law, as it 43 to fraud. even not amount in commercial transactions non-disclosure of every fact does not vitiate the agreement. "in a contract every person must look for himself and ensures that he acquires the information necessary to avoid bad bargain. in public law the duty is not ..... it is stated that the petitioner having knowledge of the said facts has submitted his bid and has not complied with the terms of the contract of depositing 75% of the bid amount within the time extended for depositing the said amount therefore, 34 the writ appeals came to be ..... good intention, it is nothing but playing fraud on the entire society including the present petitioner. ksfc being a financial institution should not act as private litigant and deprive the general public who participated in e-auction tender with great faith and confidence that they would get good title ..... the collateral security was brought to sale under eauction as per the provisions of securitization and reconstruction of financial assets and enforcement of security interest act, 2002. the reserve price was fixed at rs.34.00 lakhs. in pursuant to the e-auction notification issued by the respondents-ksfc, .....

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Sep 23 2019 (SC)

The Authorized Officer,indian Bank Vs. D. Visalakshi

Court : Supreme Court of India

..... deligari'. it then adverted to the dictionary clause of the 2002 act and noted that sub section 2(2) saved in the indian contract act 1872; transfer of property act, 1882; the companies act, 1956; the securities and exchange board of india act, 1992; and which are not inconsistent with the definition given in the 2002 act. it also noted that the authority referred to in section 14 ..... is not expected to undertake adjudication of rights of the concerned parties. it then noted section 34 and 35 of the 2002 act ..... made thereunder shall be in addition to, and not in derogation of, the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 1956), the securities and exchange board of india act 1992 (15 of 1992), the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993) or any other law for the time being in force ..... made thereunder shall be in addition to, and not in derogation of, the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 33 1956), the securities and exchange board of india act 1992 (15 of 1992), the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993) or any other law for the time being in .....

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Sep 12 2019 (SC)

General Manager, Electrical Rengali Hydro Electric Project Vs. Sri Gir ...

Court : Supreme Court of India

..... is it the same as misrepresentation?.40. in the indian contract act, 1872 (hereinafter referred to as the contract act , for short), definition of fraud , is as follows: 17. fraud defined. fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, ..... the definition of the word fraud , as defined in section 17 of the contract act, would reveal that the concept of fraud is very wide. it includes any suggestion, ..... may be noticed that coercion is 67 another element which is antithetical to free consent and is separately dealt with under section 15 of the contract act. he minces no words after employing the expression threat, coercion , when he declared that being afraid, he was made to sign the vss ..... keeping silence to speak, or unless his silence is, in itself, equivalent to speech. 41. misrepresentation is separately defined in section 18 of the contract act, as follows: 18. misrepresentation misrepresentation means and includes defined. (1) the positive assertion, in a manner not warranted by the information of the ..... burden of proving that such contract was not induced by undue influence shall be upon the person in a position to dominate the will of the other. nothing in the sub-section shall affect the provisions of section 111 of the indian evidence act, 1872 (1 of 1872). 44. a perusal of .....

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Sep 11 2019 (SC)

Raja Ram Vs. Jai Prakash Singh

Court : Supreme Court of India

..... executed in favour of defendant no.1 because of the physical infirmity of the deceased on account of his old age.7. section 14 of the indian contract act, 1872 defines free consent as follows: 14. free consent defined consent is said to be free when it is not caused by (1) xxxxx (2) ..... deceased or that the sale deed executed was unconscionable. the onus would shift upon the original defendants under section 16 of the contract act read with section 111 of the evidence act, as held in anil rishi vs. gurbaksh singh (supra), only after the plaintiff would have established a prima facie case. ..... proving that such contract was not induced by undue influence shall be upon the person in a position to dominate the will of the other. nothing in the sub section shall affect the provisions of section 111 of the indian evidence act, 1872 (1 of 1872). 8. section 111 of the indian evidence act, 1872, explains good ..... persons in the year 1968 as contended by the defendants.4. learned counsel for the respondent/defendants submitted that under section 101 of the evidence act, 1872 the initial onus lay on the plaintiffs by establishing a prima facie case for undue influence and only then the onus would shift to them. ..... undue influence, as defined in section 16, section 16 defines undue influence as follows: 16. undue influence defined (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 position to .....

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Sep 11 2019 (SC)

Surinder Kaur (D) tr.lr. Vs. Bahadur Singh(d) tr.lrs.

Court : Supreme Court of India

..... dated 13.05.1964. the courts below have held that 4 the agreement contained several promises which may be reciprocal, contingent or separate. section 511 of the contract act,1872 provides that when a contract consists of reciprocal promises to be simultaneously performed, no promisor needs to perform his promise unless the promisee is ready and willing to perform his reciprocal promise.6 ..... . the aforesaid provisions have to be read along with section 16(c)2 of the specific relief act, 1963 which clearly lays down that the specific performance of a contract cannot be enforced in favour of a person who fails to prove that he has performed or was always ready and willing to perform ..... on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract. (3) the court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial ..... acts or suffered losses in consequence of a contract capable of specific performance. (4) the court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the party. discretionary jurisdiction and the court .....

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Sep 03 2019 (SC)

M/S Geo Miller &Amp; co.pvt.ltd. Vs. Chairman, Rajasthan Vidyut Utpada ...

Court : Supreme Court of India

..... by limitation in respect of the appellant s claim. this court found that, in view of section 28 of the indian contract act, 1872, the parties in the arbitration agreement could not stipulate a restricted period for raising a claim. however, the limitation period for ..... remained conspicuously silent on the specific actions taken to recover the payments due prior to that date. under section 114(g) of the indian evidence act, 1872 this court can presume that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it. ..... . further, that the appellant could not be allowed to make such a request under the 1996 act given that the contracts provided that the arbitrator was to be appointed under the arbitration act, 1940 ( 1940 act ). this all reflected that the appellant had filed the arbitration applications merely as a gamble for ..... relevant part): i. if at any time any question/dispute/difference whatsoever arises between the purchaser and the supplier, upon or in relation to the contract, either party may forthwith give to the other once question(s), disputes or difference and the same shall be referred to the chairman, rajasthan ..... submission to the arbitrator within the meaning of the 2 indian arbitration act, 1940 and statutory modifications thereof. 3. the appellant s case is that the respondent failed to make the payments due to them under the three contracts. till 1997, the appellant was involved in discussions with the respondents .....

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