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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Page 1 of about 381,113 results (0.343 seconds)

Oct 01 2020 (SC)

M/S Magma Fincorp Ltd. (Formerly Magma Leasing Limited) Vs. Rajesh Kum ...

Court : Supreme Court of India

..... and also redressal of deficiency in the services availed by the consumer and/or against restrictive or unfair trade practices, and/or spurious services. the consumer protection act, 1986 does not override the 56. contract act, 1872, and other enactments in force, applicable to the service availed by the consumer from the service provider.57. the protection, to which the consumer of a ..... service is entitled under the consumer protection act, is against loss of money, by reason of being denied service, of a quality agreed upon expressly or by necessary implication, ..... . 1986 empowers the district forum to grant punitive damages in such circumstances as it deems fit. punitive damages are not generally awarded in cases of breach of contract unless the act is so reprehensible that it calls for punishment of the party in breach, by imposition of punitive and/or exemplary damages. compensation which is compensatory, has to be assessed taking ..... manner, which is reprehensible and calls for punishment. nominal damages are awarded where there is no real harm done, by reason of the breach of the contract.61. section 14 of the consumer protection act, 1986 empowers the district forum to award compensation to the party not in breach by directing the party in breach to return the price or the charges .....

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Sep 01 2020 (SC)

m/s.l.r.brothers,indo Flora Ltd. Through Its Director Vs. Comissioner ...

Court : Supreme Court of India

..... , a legislation cannot be regarded as having retrospective effect. 33 31. in indusind bank (supra), this court, while examining whether the amendment made to section 28 of the indian contract act, 1872 was prospective or retrospective, has noted that the said provision is remedial in nature and not clarificatory, since prior to the amendment, the rights and liabilities accrued were sought to ..... sell finished products (including rejects, waste & scrap) in the domestic tariff area (dta) on payment of applicable excise duty as per proviso to section 3 of the central excise act, 1944. however, the same is applicable if the goods being cleared into dta are excisable goods. under the present dispensation, the notifications providing duty free import of goods under the ..... the production of non excisable goods sold in dta is to be charged. thus, the notification, having been issued in exercise of delegated legislation under section 25 of the 1962 act, has to be understood as any other law . resultantly, 21 the appellant, having availed exemption under the notification, cannot evade customs duty on the imported inputs at the rate ..... suresh synthetics13. the appellant further relied on the exposition of this court in uniworth textiles limited vs. commissioner of central excise, raipur14 to submit that section 28 of the 1962 act, extending limitation, can be invoked only in the case of deliberate default and urged that it cannot be invoked in the present case since there was no default.8. per .....

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Aug 19 2020 (SC)

Deccan Paper Mills Co. Ltd. Vs. Regency Mahavir Properties .

Court : Supreme Court of India

..... for it; (b) that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the indian contract act, 1872 (9 of 1872), the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may be ..... (supra), as a precedent, has no legs to stand on. if the subject matter of an agreement between parties falls within section 17 of the indian contract act, 1872, or involves fraud in the performance of the contract, as has been held in the aforesaid judgment, which would amount to deceit, being a civil wrong, the subject matter of such agreement would certainly be ..... for specific performance, which, as we have already seen, can be the subject matter of an arbitral proceeding.12. under section 27(1) of the specific relief act, 1963, any party interested in a contract may sue to have it rescinded and such 24 rescission may be adjudged by the court in the cases mentioned in clauses (a) and (b) of sub ..... the civil court can exercise such a discretion. in the above case, ms ruma pal, j.observed: merely because the sections of the specific relief act confer discretion on courts to grant specific performance of a contract does not mean that parties cannot agree that the discretion will be exercised by a forum of their choice. if the converse were true, then .....

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Aug 19 2020 (SC)

Avitel Post Studioz Limited and Ors. Vs. Hsbc Pi Holding (Mauritius) L ...

Court : Supreme Court of India

..... agreement itself. it was further held that an issue of fraud in the context of sections 17 and 18 of the indian contract act, 1872 [ contract act ]. referred to want of free consent, and was a well- accepted ground that would vitiate the contract, rendering it voidable. after referring to various judgments of this court, it was held that there was a distinction between the ..... at singapore, it was held that the allegations of fraud and misrepresentation were primarily in the context of fraud and misrepresentation as defined in sections 17 and 18 of the contract act, thus establishing a civil profile of the disputes that had arisen between 9 the parties. however, after referring to certain judgments on interim mandatory injunctions, the high court prima ..... jointly and severally liable to the claimant in tort for deceit; 21.8 finds that the respondents are jointly and severally liable to the claimant for fraudulent misrepresentation under the contract act; 21.9 finds that the respondents are jointly and severally liable to the claimant for breach of warranty; 21.10 finds that the second, third and fourth respondents are ..... , air1939cal 473, the concurrent judgments of derbyshire, c.j.and lort williams, j.referred to a passage from sir frederick pollock and sir dinshah mulla, in their work on the contract act, 6th edition, which said: it will be observed that the exception does not apply to cases of active fraud as distinguished from misrepresentation which is not fraudulent . (see pp. .....

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Aug 05 2020 (SC)

Chairman, Board of Trustees, c.p.t. Vs. M/S Arebee Star Maritime agen. ...

Court : Supreme Court of India

..... -i (see page 940), the consignee cannot be considered to be a bailor if the definition of bailor under the indian contract act, 1872 is read. under section 148 of the contract act, a bailor is defined as a person who delivers the goods to the bailee. in this case, the person who delivers ..... of time onwards now becomes that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, omitting the words in the absence of any special contract in section 152 of the contract act. this responsibility attaches only after a receipt is given by the board, and notice of loss or damage ..... ii) in other cases, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (9 of 1872), omitting the words in the absence of any special contract in section 152 of that act: provided that no responsibility under this section shall attach to the board (a) until a receipt mentioned in ..... since in this case rasiklal is a consignee claiming through the consignor, rasiklal would be liable. section 158 of the indian contract act, 1872 and section 1 of the indian bills of lading act, 1856 were relied upon to reach this conclusion.79. first and foremost, rowther-i (supra) did hold that the ..... namely the vessel, who is the bailee. he argued that on a conjoint reading of the provisions of the mpt act, and on a reading of section 158 of the indian contract act, 1872, the bailor must repay to the bailee necessary expenses incurred by it for the purposes of the bailment. this would, .....

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Jun 18 2020 (SC)

Surendra Kumar Bhilawe Vs. The New India Assurance Company Ltd.

Court : Supreme Court of India

..... would be injurious to the financier bank, immoral, unlawful and void under section 10 read with sections 23 and 24 of the contract act, 1872.33. it was thus, an implicit condition of the agreement for transfer of the said truck, that the transfer would be ..... out a policy of insurance in his own name, inter alia, covering third party risks, notwithstanding the mandate of section 146 of the motor vehicles act, 1988 prohibiting the use of a motor vehicle without third party insurance 46. the judgment of this court in complete insulations private limited vs. new ..... an unconditional contract of transfer of movable property in deliverable state, but a contract to transfer, contingent upon no objection from icici bank, and compliance with the 21 statutory provisions of the motor vehicles act, 1988 and the rules framed thereunder. sections 19 and 20 of the sale of goods act are not ..... attracted.35. the national commission overlooked the definition of owner in section 2(30) of the motor vehicle act ..... act, 1930, which deal with the stage at which the property in movable goods passes to the buyer, is of no assistance to the insurer. there can be no doubt that property in a specific movable property is transferred to the 20 buyer at such time as parties to the contract .....

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Mar 02 2020 (SC)

Assistant General Manager State Bank of India Vs. Radhey Shyam Pandey

Court : Supreme Court of India

..... relevant sections of the indian contract act. the only relevant provision in the indian contract act, which can apply is section 23, when ..... would also not be in the public interest. such a contract or such a clause in a contract ought, therefore, to be adjudged void. while the law of contracts in england is mostly judge made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. in order that such a contract should be void, it must fall under one of the ..... to dominate the will of another (a) where he holds a real or apparent authority over the other .... we need not trouble ourselves with the other sections of the indian contract act except sections 23 and 24. section 23 states that the consideration or object of an agreement is lawful unless inter alia the court regards it as opposed to public policy ..... law. bank cannot be permitted to make a representation and later on wriggle out of its obligation. it is not permissible to make a misrepresentation . under section 19 of the contract act, when consent is obtained by coercion, fraud, or misrepresentation,' the agreement is voidable at the option of the aggrieved party. in central inland water transport corporation ltd. & anr. v. brojo .....

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Feb 18 2020 (HC)

Amci (India) Pvt Ltd Vs. Fiza Developers and Inter-Trade Pvt. Ltd.,

Court : Karnataka

..... singh and anr., air1968sc1024and govindbhai gordhanbhai patel vs. ghulam abbas mulla alibhai and others, air1977sc1019. section 74 of the indian contract act, 1872 exempts a party to prove actual extent of loss or damage. however, he is required to establish the basic requirement for award of compensation viz., the fact that he has ..... the current rate of interest prevalent on the date of award, from the date of award to the date of payment. 22 the indian contract act, 1872 sec. 32.enforcement of contracts contingent on an event happening. contingent contracts to do or not to do anything if an uncertain future event happens, cannot be enforced by law unless and until that event has happened ..... as the arbitral tribunal considers necessary. 29 principles contained in section 32, 74 and section 75 of the indian contract act, 1872 (i) (ii) section 32 of the indian contract act, 1872 envisages that if the event on the happening of which the contract is contingent, becomes impossible. the contract becomes void. [see: satyavrata ghose vs. mugneeram bangur and ors., air1954sc44 raja dhruv dev chand vs. harmohinder ..... has satisfied itself that the award has been passed by the arbitrator in violation of sections 74 and 75 of the contract act, 1872. it has further been held that the award is contrary to article 44 3(1) of the contract. if sum and substance of the judgment is read in its entirety, it is evident that the trial court has .....

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Feb 14 2020 (HC)

Shabana Salahudheen Vs. Union of India

Court : Karnataka

..... not support the contention of the panel counsel for the esi corpn. that there is a contract between the corpn/college on the one hand and the petitioners on the other; a contract is an agreement enforceable by law says section 2 (h) of the indian contract act, 1872; for an agreement to come into existence, there must be an offer followed by the acceptance ..... for justifying the prescription of the impugned condition of compulsory service do not come to the rescue of the answering respondents. b) legality/enforceability of so called contract or bond in the scheme of the act:21. a) learned panel counsel for the corporation vehemently contended that regardless of power to prescribe a condition for compulsory service as mentioned above, it is ..... bond of the kind from the medical students or their parents; thus on the basis of what is not provided in the scheme of the act, no legally enforceable obligation arises by virtue of so called contract or the bond; for the same reason the doctrine of estoppel pressed into service by the panel counsel does not come to the aid of ..... for commissioning and running esi hospitals; despite strenuous arguments, the learned panel counsel could not fish out any provision akin to the same in the act which enables the corpn/college to enter into a contract of the kind or extract a service bond from the candidates as a pre-condition for admission to the medical course, assuming that there are valid .....

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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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