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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Year: 2011 Page 3 of about 4,065 results (0.108 seconds)

Sep 30 2011 (HC)

S.V.Arumugam Vs. State and anr.

Court : Delhi

Decided on : Sep-30-2011

..... contract act 1872. annamalai informed me of sale of shares vide letter dated 26/8/99. b) to the best of my knowledge annamalai ..... . but anyway, annamalai was not supposed to be anybody to pressurize me in any way since they failed to act as per our agreement and secondly as their complaint suit was pending in the court of law. 4. a) annamalai went on to breach contract act 1872 and sold my shares without giving me notice, a mandatory requirement as per our agreement & as per ..... sold almost all the shares without any specific permission from the complainant on such illegal transfer and sale violating the mandatory, specific and express provisions of the section 176 of contract act. x x x 7. malpractice of the accused: that, the following instruments and documents as used by the accused in the transaction are forged: (a) all the three promissory notes ..... filed by respondent no.2 before the state consumer disputes redressal commission, the company took a stand that the transaction between the parties was pursuant to a contract and that it had acted as per the contract and that there was no deficiency in service. it was also pleaded, in the alternative, that highly disputed questions of fact arose for consideration and that .....

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Sep 28 2011 (HC)

Abedali Khan S/O Rahematali Khan Vs. Devidas S/O Dhonduji Poghe

Court : Mumbai Aurangabad

Decided on : Sep-28-2011

..... learned counsel for the petitioner emphasised on the explanation which states that 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, then this cannot be considered as a valid compromise. considering ..... the terms of the compromise entered into by the parties and recorded by the court, this compromise or an agreement is not a void or voidable under the indian contract act ..... and, therefore, explanation is not applicable to it. the amendment enables a compromise entered into between the parties is as per their satisfaction, free will and agreement, executable even though not covered under the statutory provision of section 16 of the maharashtra rent control act. 14. ..... of the compromise, which is recorded by the court is to be honoured by the parties. 16. thus, there is no bar on parties contracting out compromise under order 23 rule 3 of the code of procedure, even for vacating the rental premises and consequential eviction on failure to vacate the ..... was not maintainable under section 96 (3) of the code of civil procedure. this is so because a consent decree is nothing but a contract between the parties superimposed with the seal of approval of the court. in the said appeal, the court held that when the decree is .....

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Sep 27 2011 (HC)

Apl (India) Pvt. Ltd. Vs. Chairman, CochIn Port Trust and Others

Court : Kerala

Decided on : Sep-27-2011

..... destruction or deterioration of goods of which he has taken charge shall, subject to other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, while sub-section (7) says that after any goods have been taken charge of and a receipt ..... clearly specified therein. 42. as mentioned herein before, the various services to be rendered by the board, are stipulated under section 42 of the mpt act. by virtue of sub-section (3), notwithstanding anything contained in the section, the board may, with the previous sanction of the central government, authorise ..... the goods from the containers pursuing further steps within the stipulated time as provided under section 61 and 62 of the major port trusts act (as enhanced to 75 days as per the relevant tamp orders) while continuing to collect the ground rent charges on the containers from ..... . it was issued as an interim administrative arrangement, also alerting the course to be pursued with reference to section 150(2) of the customs act. 12. sri venkiteshwaran, the learned senior counsel, who led the arguments on behalf of the shipping agents, explaining the various provisions in different ..... the date of clearance, ground rent charges are levied and collected from the importer/consignee and that the port is not legally obliged under any act, rule or regulation to effect an expeditious destuffing of containers immediately on their arrival at the port premises. due to compelling reasons, such as .....

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Sep 27 2011 (HC)

Shastha Enterprises and Another Vs. Olam International Ltd.

Court : Kerala

Decided on : Sep-27-2011

..... institution and therefore the words institutional arbitration used in the clause was vague and uncertain and/or incapable of being made certain and void under the contract act, 1872. there, the court referred to section 7 of the act, the decision of the apex court in smt. rukminibai gupta v. collector, jabalpur and others (1980 (4) scc 556) and the decision in dayananda reddy ..... not contain the seal of either the appellant or the respondent. it is contended that under the rules of centa and also the english arbitration act, and the act, the contracting parties were free to opt for the particular legal system and the particular country as venue. it is contended that there are several agreements between the parties with and without ..... in venture global. when the apex court has laid down that application under section 34 will lie even when it is excluded by contract between the parties, the exclusion of the similar provisions in the english act by the contract between the parties without exhausting an inhouse appellate remedy would certainly not apply to oust the courts jurisdiction in india. however, we do ..... . ltd. and another v. raymon and co. (india) pvt. ltd. (air 1963 sc 90), the apex court was dealing with a case under the arbitration act, 1940. the apex court held as follows: if a contract is illegal and void, an arbitration clause which is one of the terms thereof, must also perish along with it and a dispute relating to the .....

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Sep 26 2011 (HC)

D.D.a Vs. M/S Krishna Construction Co

Court : Delhi

Decided on : Sep-26-2011

..... the duty of every party to take all reasonable steps to mitigate the loss, a requirement of the explanation to section 73 of the indian contract act 1872. if the claim has been allowed on the strength of price increase, the same would be contrary to the law, on which issue, ..... in the pleadings pertaining to claim no.9, reads as under:- "annexure-iv claim no.9:computation of damages/losses due to prolongation of the contract from 16.4.87 upto the date of conpletion (claim no.9) based on cost indices. ---------------------------------------------------------- a gross amount of final bill `2, ..... of labour and material escalation but has ostensibly recompensed, by way of damages, towards overheads in terms of staff deployed during the period the contract got extended and to recompense the contractor loss toward idle tools, plant, shuttering material and other equipment brought at the site for purposes of ..... this claim. the claimant says that whenever the work is delayed, the contractor is bound to suffer the losses for the prolongation of the contract and as such the claimant is fully entitled to claim compensation in this regard. the claimant relied upon various judgments and filed in this ..... . the awards were challenged qua claim no.9 by filing objections under section 34 of the arbitration & conciliation act 1996. 2. learned counsel for the parties conceded that both contracts were pari materia and spanned around the same time and nature of disputes were near identical, and in any case .....

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Sep 19 2011 (HC)

Union of India Vs. Supriya Kumar Saha

Court : Kolkata

Decided on : Sep-19-2011

..... to the other contractor without intimating respondent. which according to the respondent is contrary and arbitrary to the general principles of law as well as violating the principle of indian contract act, 1872. it was claimed that within the extended period i.e. 28th january, 1999 the respondent completed his part of work and also extra work and new items within full and ..... arbitrator who has passed the impugned award which is under challenged in the instant petition. mr. p. s. basu, learned counsel appearing for the petitioner submitted that according to the contract, the completion period was to expire on 13th august, 1998. since the respondent could not complete the work within the original contractual period, the time to complete the said work ..... representative/officer which is a conclusive proof of the work done by the respondent and is binding on the respondent in accordance with the provisions of the general conditions of contract. it was also submitted that the respondent fail to deliver diverse quantities of raw materials like cement, rod, etc. which was supplied to him for the aforesaid construction but could ..... respondent was in any event premature since the respondent prior to approaching the court for appointment of arbitrator did not follow the procedure laid down in the general conditions of contract." the learned arbitrator heard the matter and passed his award on 15th june, 2007 which was received by the petitioner from the advocate at 25th june, 2007. it was .....

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Sep 15 2011 (HC)

Gtl Limited and Others Vs. Ifci Limited and anr

Court : Delhi

Decided on : Sep-15-2011

..... information, they have proceeded to sell/appropriate the suit shares despite of the fact that there was no breach and in fact, in breach of section 176 of the indian contract act, 1872. the comprehensive detail of the said scheme was mentioned in the earlier suit in para no.2(n) of the plaint which reads as under:- "2(n) given the adverse ..... its intention to sell the invoked shares after giving the reasonable time under the compliance of section 176 of the indian contract act, 1872. it appears that the plaintiffs have not redeemed the said shares under sections 176 & 177 of the indian contract act, 1872 after the receipt of notice, rather they have filed the fresh suit seeking the stay of implementation, operation and effect of ..... own oblique motives and have proceeded to sell/appropriate the suit shares despite the fact that there was no breach and in fact, in breach of section 176 of the contract act. no flow of consideration has even been disclosed. the entire transaction is dhrouded in mystery and in fact is clandestine. it amounts to conversion. in fact, a copy of the ..... ) however, the defendant no.1, now being the pledgee, is therefore, entitled to sell and dispose of the same after issuance of valid notice required under section 176 of the act and the plaintiff or the defendant no.3 would be entitled to redeem the same. in case they fail to redeem the same within the time granted by the defendant .....

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Sep 15 2011 (SC)

Trans Mediterranean Airways. Vs. M/S Universal Exports, and anr.

Court : Supreme Court of India

Decided on : Sep-15-2011

..... facie, the contention appears to be plausible but on construction and conspectus of the provisions of the act we think that the contention is not well founded. parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure, i.e., to avail of right of civil action ..... in a competent court of civil jurisdiction. nonetheless, the act provides the additional remedy. 27) in state of karnataka vs. vishwa bharathi house ..... legal infirmity in the national commission exercising its jurisdiction, as the same can be considered a court within the territory of a high contracting party for the purpose of rule 29 of the second schedule to the ca act and the warsaw convention. before we conclude on this issue, we may usefully notice a three judge bench decision of this court in ..... therein. however, a service hired or availed, which does not cost anything or can be said free of charge, or under a contract of personal service, is not included within the meaning of service for the purposes of the cp act.30) in skypak couriers ltd. v. tata chemicals ltd., (2000) 5 scc 294, this court observed: 2. with the industrial revolution .....

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Sep 07 2011 (HC)

M/S. V.S. Lad and Sons and Others Vs. Sociedade De Fomento Industrial ...

Court : Karnataka Dharwad

Decided on : Sep-07-2011

Reported in : 2012(3)KCCR1986

..... determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872 (9 of 1872). (5) no compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: provided, that where the ..... plaint permitting the plaintiff to incorporate the alternative relief for a decree for payment of compensation in the suit filed for specific performance of the contract warrants interference by this court in exercise of the power under article 227 of the constitution of india?" 12. at the outset, it ..... up in this connection. he invites the attention of the court to articles 54 and 55 of the limitation act to contend that as per plaintiffs own showing the contract was broken during november 2005 and therefore if at all a fresh suit were to brought by the plaintiff, ..... the period of limitation of three years prescribed for filing the suit seeking compensation for breach of the contract. he draws the attention of the court to section 3 of the limitation act, 1963 to contend that any suit instituted after the period of limitation is liable to be dismissed ..... prayer. the relevant provisions contained in section 21 of the specific relief act, 1963, can be usefully referred in this connection. "21. power to award compensation in certain cases.- (1) in a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach, either in .....

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Sep 06 2011 (HC)

Western Coalfields Limited and anr. Vs. Rajesh S/O Nandlal Biyani and ...

Court : Mumbai Nagpur

Decided on : Sep-06-2011

..... is called the 'principal debtor', and the person to whom the guarantee is given is called the 'creditor'. 20) section 31 of the indian contract act, 1872, defines the contingent contract and the same is reproduced below chapter iii : of contingent contracts "section 31. "contingent contract" defined.- a "contingent contract" is a contract to do or not to do something, if some event, collateral to such ..... of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', 'principal debtor' and 'creditor'- "a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in ..... violation of the terms of the bank guarantees. the contention cannot be accepted. the respondent no.1 is the principal debtor within the meaning of section 126 of the contract act. it is at his instance that the conditional bank guarantees have been furnished by the respondent no.2 bank in favour of the appellant creditor. it is the ..... payable by the respondent no.1 cannot be assessed and claimed. hence, it is a 'contingent contract' as defined under section 31 of the contract act and it becomes enforceable only upon happening of the event specified therein, as per section 32 of the contract act. 23) the question is whether, in fact there is such compliance of the conditions stipulated under .....

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