Court : Delhi
Decided on : Dec-23-2011
..... not be a bar to m/s. duggal claiming estimated expenditure as a component of compensation of damages under section 73 of the indian contract act, 1872 (hereinafter referred to as "the contract act") for such part of the extended or spillover period as the delay was occasioned by the breaches on the part of m/s. ..... work by the claimant party. the claimant party was held entitled to the claim towards extra cost incurred by him as per section 73 of the contract act. the arbitrator was held vested with the authority to compensate the second claim for extra cost incurred as a result of failure of the first party ..... on appreciation of evidence) have calculated the compensation payable under section 73 of the contract act and on the basis of the same formula as was agreed to in the contract for calculation for the escalation during the period of the contract albeit with the ceiling of 5 per cent..33. we are, thus, of ..... for this period that the amount has been awarded on the principles of section 73 of the contract act. such period has been specified as eight (8) months out of the total period of delay under the two contracts. in so far as the legal position in this behalf is concerned, of the various judgements ..... the position is thus same in respect of the authority to grant compound interest under the new act and the old act. we also make it clear that even where there is such a provision in the contract, the authority of the court is not taken away not to grant such compound interest if it .....Tag this Judgment!
Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : Dec-23-2011
..... only the ??disclosed ? agent of respondent no. 2. the provisions of the contract act, 1872, clearly provide that an agent is not liable for the acts of a disclosed principal subject to a contract to the contrary provided in section 230 of indian contract act. the liability if any, to the appellant was that of respondent no. 2 ..... reported in 60 (1995) dlt 522 (sc)=ii (1995) bc 372 (sc)=air 1995 sc 1766, the supreme court held that parties to a contract may agree to vest jurisdiction in one court when two or more courts are competent to entertain the matter. in navdeep singh v. i.i.t.t. ..... competent courts which can entertain a suit consequent upon a part of the cause of action having arisen there within, if the parties to the contract agreed to vest jurisdiction in one such court to try the dispute which might arise as between themselves the agreement would be valid. in m/ ..... of the offer letter dated 27.6.2008 and has conveniently omitted the other pages thereof. the said offer letter, inter alia states that all contracts and agreements are governed by english law and the jurisdiction of the english courts. the appellant accepted the offer of respondent no.2 and enrolled for ..... the m.sc. public health course with university of bedfordshire, england, u.k. in september 2008 thus, signifying a concluded contract between the appellant and respondent no. 2. the contract was entered into, concluded and conducted solely in england. the respondent no. 2 submits that the courts of india do not .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-17-2011
..... the provisions of section 24, no person shall be admitted as a member of a society except the following, that is to say - (a) an individual, who is competent to contract under the indian contract act, 1872 ; (b) a firm, company or any other body corporate constituted under any law for the time being in force, or a society registered under the societies registration ..... act, 1860; (c) a society registered, or deemed to be registered, under this act ; (d) the state government or the central government (e) a local auathority ; (f) a public trust registered under any ..... communicated the petitioners about the status of their membership, then in such circumstances, by deeming fiction as is laid down in sub section ( 2 ) of section 22 of the said act, the petitioners would be deemed to be the members of respondent no. 4 - federal society. sub section ( 2 ) of section 22 is clear and unambiguous. the moment the period ..... no dispute in regard to the payment of the share deposit amount and the entrance fees. in such circumstances, section 22 ( 2 ) of the maharashtra co-operative societies act, 1960 [ for short, ' said act ' ] would come into operation. respondent no. 4 never communicated to the petitioners that their application for membershipis rejected. in view of the same, the petitioners would be .....Tag this Judgment!
Court : Kerala
Decided on : Dec-14-2011
..... to be in the nature of penalty. the law on the question of damages or compensation in such types of contracts is well settled. sections 73 to 75 in chapter vi of the indian contract act, 1872 deal with the consequences of breach of contract. whether it is compensation by way of unliquidated damages falling under section 73 or whether it is compensation by way ..... of liquidated damages falling under section 74 of the contract act or whether it is compensation consequent on anticipatory breach, the claimant ..... will only be entitled to reasonable compensation. in other words, unless actual loss or damage is proved to have resulted on account of the breach of contract or rescission of contract, as the case may be, no amount by way ..... and dredging corporation of india and the materials obtained by the ist respondent by resort to the right to information act would show that both the above contractors engaged by the appellant have not performed the work in accordance with the contracts awarded to them. thus, the appellant by its conduct, had also become disentitled to the discretionary orders of the .....Tag this Judgment!
Court : Delhi
Decided on : Dec-14-2011
..... , a comment upon the impugned decision..41. with reference to section 186, section 188, section 197 and section 233 of the indian contract act 1872, the learned single judge has held there was an implied authority from the proprietor of m/s.shreeyak in favour of bhupender sharma to ..... its proprietor by invoking section 223 of the indian contract act in respect of the decreed amount. decree sheet be drawn accordingly.".2. section 223 of the indian contract act 1872 reads as under:- "where one person employs another to do an act, and the agent does the act in good faith, the employer is liable to indemnify ..... the agent against the consequences of that act, though it may cause an injury to the rights of ..... the impugned judgment does not hold that bhupender sharma is the proprietor of m/s.shreeyak. it holds him liable by applying section 233 of the indian contract act, a provision which is not attracted in the instant case..45. the appeal is accordingly allowed. impugned judgment and decree dated may 13, 2011 is ..... his principal and to third parties would be liable only in a situation contemplated by section 231 of the indian contract act. section 233 of the indian contract act makes an agent personally liable if he rfa (os) 76-77/2011 page 10 of 11 deals with the person not .....Tag this Judgment!
Court : Chennai
Decided on : Dec-08-2011
..... the contract fixes an amount to be paid in case of its breach, and (ii) where the contract provides for any other stipulation by way of ..... called as a no contest clause, that is designed to threaten a contracting party, so that the party honours his obligations duly and promptly. 38. the enforceability of such a clause in a contract is to be traced to section 74 of the contract act, 1872. section 74 speaks of two types of cases, namely, (i) where ..... category of cases covered by section 74 of the contract act. this is for two reasons, namely, (a) that the quantum is unconscionably huge that in a period of 200 days, the ground rent will exceed ..... chand, that duty not to enforce the penalty clause, but only to award reasonable compensation is statutorily imposed upon courts by section 74 of the indian contract act. 41. the stipulation for payment of ground rent, as pointed out earlier, is only a stipulation in the nature of penalty, falling under the second ..... on the part of the petitioner in cutting and removing the material. this could be done by them in terms of section 74 of the contract act. but, when they do so, they must prove the sufferance of actual legal injury. if and when they file a suit, the prescription of 0 .....Tag this Judgment!
Court : Delhi
Decided on : Dec-05-2011
..... and there need not be any privity of consideration. 9. we highlight the definition of consideration as per clause (d) of section 2 of the indian contract act 1872. it reads as under:- "2.(d) when at the desire of the promisor, the promise or any other person has done or abstained from doing, ..... which he deposed facts in sync with the written statement. 33. the learned single judge has thus correctly opined that the plaintiff has failed to prove any contract with defendant no.1, much less at delhi and thus qua defendants no.1 to 3, no cause of action had accrued, much less at delhi ..... . that apart, the answers of sh.sandeep phookan and sh.sanjay mittal show the hollowness of their claim. the former who claimed that the oral contract between the plaintiff and defendant no.1 was concluded at delhi failed to even name the persons who took part in the discussions. where and when the ..... third affidavit by way of evidence has to be ignored. 25. during cross-examination, sandeep phookan pw-1 admitted the following:- "(a) there was no written contract executed for supply of cotton to the plaintiff company by defendants 1 to 3 (vol. but it was a verbal agreement and that is how mostly the trade ..... in paras 18 and 19 above, relevance of the second document may now be highlighted. 23. whereas dw-1 categorically deposed that it had no contract, understanding or agreement with the plaintiff and that the jural relationship was inter-se defendant no.1 and defendant no.4 and that the payments received .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-02-2011
Reported in : 2012(1)SCC578; 2012(1)LW372; 2012(1)KLT45SN; 2012(1)SCJ675; 2012(1)ALT49; AIR2012SCW369; 2012(1)KCCR17(SC)(SN)
..... no interference was called for therewith. 26. in a short reply, mr. pradip ghosh submitted that in the instant case there was no violation of section 27 of the indian contract act, 1872, as the injunction sought for was not on trade or business but in respect of use of the trade mark. 27. from the submissions made on behalf of the respective ..... using the trade mark which was the subject matter of dispute. accordingly, the provisions of section 27 of the indian contract act, 1872, would not be attracted to the facts in this case. for the sake of reference, section 27 of the above act is reproduced hereinbelow :- 27. agreement in restraint of trade, void.- every agreement by which any one is restrained from exercising ..... , to enforce the negative covenant contained in the deed of assignment, was contrary to the provisions of section 27 of the indian contract act, 1872, or not, we are inclined to accept mr. ghosh's submissions that the injunction sought for by the appellant was not to restrain the respondent from carrying on trade or ..... , to enforce the negative covenant contained in the deed of assignment, was contrary to the provisions of section 27 of the indian contract act, 1872 and was, therefore, void? 31. as far as the first two questions are concerned, the terms of the deed of assignment clearly indicate that the respondent had of her own .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-02-2011
..... 1969 supreme court 110 holds that the doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and, hence, comes within the purview of section 56 of the indian contract act, 1872. however, the provisions of the said section cannot apply to ..... frustrated the contract, arises from the act or election of a party. in this case, ctl, unilaterally ..... a case of "self-inducted frustration". in other words, the doctrine of frustration of contract cannot apply where the event, which is alleged to have ..... transfer; the state of jharkhand has executed a deed of rectification substituting the name of cml instead of and in place of ctl. mr. mitra, finally, submits that the contract to transfer the mining lease is not invalid between the parties subject, however, to sanction from the proper authorities. moreover, authorities have already granted sanction to such transfer. rule .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-2011
Reported in : 2012(1)KLT15(SN); 2012(1)LW705; 2012(3)MLJ141; AIR2012SCW822; 2012(3)SCJ314
..... causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction. 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 ..... and prescription of special limitation for filing appeals under sections 111 and 125 is to ensure that disputes emanating from the operation and implementation of different provisions of the electricity act are expeditiously decided by an expert body and no court, except this court, may entertain challenge to the decision or order of the tribunal. the exclusion of the ..... days' period. 15. in consolidated engineering enterprises v. principal secretary, irrigation department and others (supra), a three-judge bench again considered section 34(3) of the arbitration and conciliation act, 1996. j.m. panchal, j., speaking for himself and balakrishnan, c.j., referred to the relevant provisions and observed: ....when any special statute prescribes certain period of limitation as ..... bench of the bombay high court whereby the applications filed by the appellants for condonation of delay in filing appeals under section 35 of the foreign exchange management act, 1999 (for short, `the act') were dismissed along with the appeals filed against order dated 2.8.2007 passed by the appellate tribunal for foreign exchange (for short, `the appellate tribunal'). .....Tag this Judgment!