Court : Chennai
Decided on : Mar-03-2011
..... first defendant and the culprits. the plaintiff bank is not entitled to any relief under section 72 of the indian contract act, 1872. as per sections 9 and 10 of the negotiable instruments act, there is no liability on the part of the first defendant and as it is the negligence of the plaintiff ..... one. so, the first respondent/plaintiff is not an holder in due course.24. now, it is appropriate to consider section 72 of the indian contract act, which reads as under:-"72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion.- a person to whom ..... necessary party?2. whether the trial court is correct in holding that the first respondent/plaintiff is entitled to benefit under section 72 of the indian contract act and to recover the amount?3. whether the judgment and decree of the trial court is sustainable?4. to what relief the appellant/first defendant ..... the plaintiff bank to suspect the genuineness of the dd. the plaintiff bank is entitled to benefit and protection under section 72 of the indian contract act and the payment in acceptance of the counterfeit forged dd in good faith is only a bona fide mistake and the plaintiff was led to ..... amount stating that they honoured the dd, which was fake and the amount has been paid mistakenly, under section 72 of the indian contract act (hereinafter referred to as the act), the plaintiff bank is entitled to recover that amount. so, they filed the suit. after considering the defence raised by the respondents, .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-23-2011
..... achieving both its goals."21. it is also required to be noted that the agreements were already there on the record of the respondent board. section 17 of the indian contract act, 1872 defines fraud. section 19 deals with voidability of agreement without free consent. the said section further provides for exception and it provides that if such consent was caused by misrepresentation ..... cannot be interpreted as being meant to apply to misrepresentation which is fraudulent within the meaning of section 17 of the 1 air 1978 patna 3342 air 1939 calcutta 473 contract act. he submits that the phrase 'fraudulent within the meaning of s. 17" applies to the preceding word 'silence' exclusively, and not to the word 'misrepresentation'.23.3. mr. dada ..... case of life insurance corporation of india vs. baidyanath singh and others1 wherein it has been held that the word 'fraudulent' mentioned in the exception to section 19 of the contract act only qualifies 'silence' and not misrepresentation. in other words, if the consent has been obtained by misrepresentation or by silence, which is fraudulent within the meaning of section 17 then ..... comes into play. it shall not apply to misrepresentations which are fraudulent within the meaning of section 17 of the contract act. all misrepresentations are not necessarily fraudulent.23.2 referring to the meaning of fraud as defined in section 17 of the contract act, mr. dada has also relied upon the decision of the calcutta high court in the case of john minas .....Tag this Judgment!
Court : Delhi
Decided on : Feb-23-2011
..... entitled to get reasonable payment for these works in view of the provisions contained in section 70 of the contract act, 1872, which reads as under:-"70. obligation of person enjoying benefit of non- gratuitous act. where a person lawfully does anything for another person, or delivers anything to him not intending to do ..... work was duly executed by him and accepted by the defendant. the plaintiff has, thus, pleaded all the necessary ingredients of section 70 of the contract act by claiming that (i) he had executed extra works for the defendant; (2) extra works executed by him were accepted by the defendant and ..... of by the defendant."23. in the case before this court, though the plaintiff has not specifically pleaded the provisions of section 70 of the contract act, nor has any issue been framed by the court on its applicability, he has pleaded all the ingredients necessary for invocation of the aforesaid statutory ..... it is only when the three ingredients are pleaded in the plaint that a cause of action is constituted under section 70 of the indian contract act. if any plaintiff pleads the three ingredients and proves the three features the defendant is then bound to make compensation in respect of or to ..... something is delivered must enjoy the thing done for or delivered to him as the case may be.invocation of section 70 of the contract act was disputed by learned counsel for the defendant on the ground that the plaintiff has not pleaded essential requirement of the section. in support .....Tag this Judgment!
Court : Delhi
Decided on : Feb-18-2011
..... contend that the arbitrator can award any compensation/claim on the basis of equity. reliance is also placed on section 70 of the indian contract act, 1872 to contend that it itself is an equitable law and its scope is much larger than the principle of quantum meriut as explained in food ..... v. pundarikakshudu & sons (2003) 8 scc 168 is also an authority on the proposition that arriving at inconsistent findings as regards breach of contract is a legal misconduct.14. claim no.iii of the plaintiff for `2.04 lacs towards reimbursement of extra expenditure incurred on excavation and ..... reason of the defendant having benefited therefrom. moreover once it was found that the plaintiff, to be eligible to enter into the contract, was required to have a foreign collaboration, the senior counsel for the defendant is correct in contending that the expenses for becoming eligible could ..... ltd. v. uoi (2007) 2 scc 453.the arbitral tribunal cannot award beyond the agreement. once the arbitral tribunal had concluded that under the contract the plaintiff was not entitled to the expenses incurred on foreign collaboration, the arbitral tribunal had no jurisdiction to allow the said claim for the ..... 1985; however the progress of the work from the very beginning was not commensurate with the bar chart/work programme agreed upon under the contract; that the plaintiff did not accelerate the progress of the work inspite of repeated reminders of the defendant; on the contrary the plaintiff requested .....Tag this Judgment!
Court : Orissa
Decided on : Feb-17-2011
..... september 1999 as accepted by the syndicate on 23.9.1999, is arbitrary, illegal being in violation of the provisions of the act and against principles of natural justice.15. the writ petition is accordingly allowed. the decision of the revenue divisional commissioner (s.d.), berhampur ..... the government resolution no. 25455/tw dated 10.9.93, resolution no. obc-18/94 - 1145/hw, bhubaneswar and the provisions contained in the act. the report of the revenue divisional commissioner (s.d.), berhampur recommending action against the petitioner and that of the syndicate sub-committee held on 9th ..... university brought forward backlog of sc vacancy, there would have been 100% reservation, which would have been in violation of section 7 of the act. university was entitled to fill in the backlog by carrying forward the vacancies together with the normal reserved vacancies not exceeding 50% of the ..... relevant for the present controversy, is section 7 of the act. so far as relevant, it reads : "7. if, in any recruitment year, the number of candidates either from scheduled castes or scheduled tribes ..... vacancies to be left unreserved. the appointing authorities are required to maintain rosters in the prescribed form. in view of section 6 of the act reserved vacancies in appointments are inter- changeable between sc and st in the event of non- availability of candidates from the respective communities.10. .....Tag this Judgment!
Court : Delhi
Decided on : Feb-11-2011
..... breach of a contract but where no loss has been occasioned, no question of award of compensation arises. the appellant further ..... is hereby dismissed.7. in this appeal filed under section 39 of the act, similar pleas which were taken before the addl. district judge have been reiterated. it has been submitted that under section 73 & 74 of the indian contract act, 1872, the compensation can only be granted to the other party on account of ..... no order as to costs.26. the aforesaid judgment lays down the law as to how the provision of section 73 & 74 of the contract act are to be interpreted while dealing with clauses providing for pre-estimate of damages in the form of liquidated damages. the discussion by the apex ..... payable to the appellant without proving the damages caused to them. the appellant has relied upon the provisions contained under section 73 & 74 of the contract act to substantiate his arguments.6. the adj rejected the plea of the appellant to set aside the arbitral award and dismissed the petition of the appellant ..... invoking clause 13 of stcc by deducting the said amount out of dues payable was not in violation of section 73 and 74 of the contract act and thus refused to direct the respondents to return the said amount. hence this appeal.2. the learned adj vide impugned order not only .....Tag this Judgment!
Court : Chennai
Decided on : Feb-11-2011
Reported in : AIR2011Mad66(FB)
..... novation, rescission and alteration of a contract can be made only bilaterally. a deed of cancellation will amount to rescission of contract and if the issue in question is viewed from the application of section ..... novation, rescission and alteration of a contract can be made only bilaterally. a deed of cancellation will amount to rescission of contract and if the issue in question is viewed from the application of section ..... have been executed. a sale is essentially an executed contract between two parties on mutually agreed conditions. question is as to whether such contract can be unilaterally rescinded, particularly, in a case of sale deed. in this context, we may refer to section 62 of the indian contract act, 1872 which provides that contract which need not be performed. by that provision, any ..... have been executed. a sale is essentially an executed contract between two parties on mutually agreed conditions. question is as to whether such contract can be unilaterally rescinded, particularly, in a case of sale deed. in this context, we may refer to section 62 of the indian contract act, 1872 which provides that contract which need not be performed. by that provision, any .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-2011
..... the suit has abated as a whole i.e. against defendant no. 2 as well. 4 section 134 of the indian contract act, 1872 (hereinafter referred to as the said act) reads as follows:- "134. discharge of surety by release or discharge of principal debtor.- the surety is discharged by any ..... the suit against the guarantor would not arise. claim against the guarantor was not divisible; it was not an independent claim. section 134 of the indian contract act was applicable; surety stood discharged. 9 in air 1996 sc 1427 sri chand v. m/s jagdish pershad kishan chand, the apex court had held ..... suit against defendant no. 2; it was an independent right; the guarantor could not be discharged. it is pointed out that this is also evident from the contract between the parties. counsel for the appellant has placed reliance upon (1978) 48 comp cas 459 prestige finance p ltd. (in liquidation) v. balwant singh ..... to this factual scenario. in the case of prestige finance a claim petition has been filed by the official liquidator under section 446 of the companies act, 1956 and on summons being issued, it was noted that krishan lal had expired; an application under order 22 rule 4 of the code of ..... contract between the creditor and the principal debtor, by which the principal debtor is released or by any act or omission of the creditor, the legal consequence of which is the discharge of the principal debtor." 4 .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-2011
..... house tax, so long as he is in occupation of the tenanted premises. since, none of the clauses contained in section 23 of the indian contract act, 1872 are attracted to such an agreement, the agreement is perfectly legal and binding on the parties.9. the next contention of the learned counsel for the ..... . there is no illegality in the tenant agreeing to bear increase in house tax of the premises taken by him on rent. section 23 of the indian contract act, 1872, to the extent it is relevant, provides that the consideration or object of an agreement is lawful, unless (a) it is forbidden by law; or ..... whether it was on account of revision of retable value or revision of rates was not to be reimbursed by the defendant to the plaintiff, runs contract to the stand taken by the defendant in its letter dated 18 th may, 2004.11. it was also the contention of the learned counsel ..... the purpose for which the property is leased, as specified in section 106. section 106 of transfer of property act, to the extent it is relevant, provides that in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for other than agricultural or manufacturing purposes ..... of any transaction affecting such property unless it has been registered. i, however, find no merit in this contention. the reliance on section 49 of registration act, in my view, is wholly misplaced for the simple reason that the lease deed dated 31st december, 1996 was duly registered on 02nd january, 1997 and .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Feb-04-2011
..... the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment.] [explanation - an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule;] [3a. bar to suit - no suit shall lie to set aside a decree on the ground ..... agreement has been explained by the `explanation appended to order xxiii rule 3 of the code to mean an agreement or compromise which is void or voidable under the indian contract act, 1872, to be deemed not to be lawful within the meaning of the said rule. the proviso appended to the said provision is self-explanatory. in terms of the proviso appended ..... towards the arrears in terms of sections 60 and 61 of the indian contracts act. (iii) the petitioner having not raised any pleading of undue influence and/or the lawfulness or otherwise of the agreement, the oral evidence adduced in this behalf must be held ..... behalf of the respondent, on the other hand, urged:- (i) having regard to the provisions contained in sections 91 and 92 of the evidence act, no oral evidence is admissible for variation of the terms of the contract. (ii) the proprietor of the petitioner -concern having made payments in terms of the mou, the respondent had the authority to appropriate the same .....Tag this Judgment!