Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Jul-11-2011
..... was unequivocally accepted in the following terms :- 50. the acceptance conveyed by the respondent, which has already been extracted ` supra, satisfies the requirements of section 4 of the indian contract act 1872. section 4 reads as under: 4. communication when complete- the communication of an acceptance is complete...as against the acceptor, when it comes to the knowledge of the proposer. ..... matrix involved herein although is not much in controversy, the issues involved herein give rise to some interesting questions of interpretation/application of various provisions of the indian contract act, 1872 (the act), we may briefly notice the factual matrix involved in this matter. 3. the union of india in terms of the provisions of section 4 of the indian telegraph ..... parties relying on or on the basis of the doctrine of special privilege. it is bound by its own policy decision. indian contract act 68. the provisions of the indian contract act, 1872 will, therefore, apply in the matter of formation of contract. we may notice certain provisions thereof. 69. section 2 provides for an interpretation clause. 70. we may notice section 2(b ..... held that the grant of loi and acceptance thereof by the grantee by itself was not sufficient to bring about a concluded contract. the conditions of the definition of contract as contained in section 2 (c) of the contract act, 1872 was required to be fulfilled. 150. if the petitioner and/or its predecessor in interest, in law could not have started .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-05-2011
..... opened or cancelled. a `transfer' of property is an executed contract. section 4 of transfer of property act, 1882 provides that the chapters and sections of that act relating to contracts, shall be taken as part of the indian contract act, 1872. section 20 of contract act provides that where both the parties to an agreement are under ..... forms the subject matter of the agreement is not to be deemed a mistake as to a matter of fact. section 21 of contract act provides that a contract is not voidable because it was caused by a mistake as to any law in force in india. therefore, having regard to the ..... provisions of transfer of property act and contract act, a transfer can not be cancelled on the ground that parties were mistaken about the consideration. 63. the position is however different in public ..... the short-fall in consideration. 63.2) the aforesaid exercise may seem to be cumbersome, but is absolutely necessary to protect the sanctity of contracts and transfers. if the government or its instrumentalities are seen to be frequently resiling from duly concluded solemn transfers, the confidence of the public and ..... a situation where there are no specific rules, regulations or policy guidelines governing the procedure as to how allotments are to be made, or contracts are to be awarded, or licences are to be issued. those decisions may also be of some assistance while dealing with a grievance that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-04-2011
..... contract in which time is essential. said section is extracted below : section 55. effect of failure ..... purchaser about their title, and the purchaser is ready and willing to perform the contract, the termination of the agreement of sale by the vendors is illegal and amounts to breach of contract. they submit that high court had failed to apply section 55 of the contract act, 1872. section 55 of contract act deals with the effect of failure to perform at a fixed time, in ..... to perform at a fixed time, in contract in which time is essential.-- when a party to a ..... the names of her nominees. the sale deed had to be executed only after payment of complete sale consideration within the time stipulated. in these circumstances, section 52 of the contract act does not help the appellant but actually supports the vendors-respondents. re: question (iii) 38. learned counsel for the appellant next submitted that the lands belonging to the first respondent .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-30-2011
..... v. arctic india & as under:- anr.1 "48 the submission, therefore, so raised by the learned counsel based upon sections 7, 8 and 32 of the indian contract act, 1872 revolving around the principle of concluded contract or accepted with material alteration by the second party are of no assistance in view of the facts and circumstances of the case itself, specially when admittedly ..... of acceptance of my/our offer for this work. (condition "c" of form-iii page 20 of tender document). 4 admittedly, no formal document/contract was executed, but the parties pursuant to the acceptance letter had acted upon and proceeded. 5 the respondent inspected the site of work on 26 december 2003 in pursuance to the letter of acceptance. the area of ..... u.p. & ors. v. combined chemicals company private limited, has considered very aspect of 2 "tender", "offer" and "acceptance" as contemplated under the contract 1 2011(3) bom.c.r. 647 2 (2011) 2 s.c.c. 151 act. it is observed that merely because the agreement was not specifically executed, that itself is not sufficient to hold that there exists no ..... contract between the parties; on merits directed the arbitrator/ court to reconsider the claims. 14 the reliance of the petitioner on state of punjab and .....Tag this Judgment!
Court : Karnataka
Decided on : May-30-2011
..... the supreme court in the state bank of saurashtra's case (supra) was rendered on the strength of the protection afforded to a surety under section 141 of the indian contract act, 1872. we have held hereinabove, that the aforesaid provision is inapplicable to the controversy in hand. keeping in mind the factual position canvassed before us. we are satisfied, that the judgment ..... advanced at the hands of the learned counsel for the petitioner, based on the provisions of the indian contract act. 1872, cannot be of any assistance to the petitioner. 6. insofar as the reliance on the judgment rendered by the supreme court in state bank of saurashtras case (supra) is concerned ..... which exisid against the principal debtor, other than the guarantee executed by the petitioner. it is only on such omission, that under the mandate of section 141 of the indian contract act, 1872, the surety's rights can stand protected. no such foundational facts have been brought to our notice. in the aforesaid view of the matter, we are satisfied, that the contention ..... hands of the learned counsel for the petitioner, it is not possible for us to accept the proposition canvassed at his hands. a perusal of section 139 of the indian contract act, 1872 relied upon by the petitioner reveals, that omission at the hands of the creditor will discharge the liability of a surety. the aforesaid omission has been defined as, an omission .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : May-25-2011
..... appointed. [ question no. 81 reads thus: 81. the maximum number of partners in a firm has been specified by (a) the partnership act, 1932 (b) the companies act, 1956 (c) the contract act, 1872 (d) none of these 6. as per o.m.r., petitioner has marked choice b. mr. adarsh k. vashista, learned counsel for ..... the petitioner has drawn the attention of the court to section-11 of the companies act, 1956, which reads thus: 11. prohibition of associations and partnerships ..... object the acquisition of gain by the company, association or partnership, or by the individual members thereof, unless it is registered as a company under this act, or is formed in pursuance of some other indian law. (3) this section shall not apply to a joint family as such carrying on a ..... of more than ten persons shall be formed for the purpose of carrying on the business of banking, unless it is registered as a company under this act, or is formed in pursuance of some other indian law. (2) no company, association or partnership consisting of more than twenty persons shall be ..... 20.05.2010. the result was declared by the respondent vide annexure p-2-a on 27.07.2010. petitioner sought information under the right to information act qua question papers alongwith his o.m.r.. the same was supplied to him vide annexures p-3 and p-4. 2. mr. adarsh k. .....Tag this Judgment!
Court : Delhi
Decided on : May-20-2011
..... view was taken in sangramsinh p. gaekwad v. shantadevi p. gaekwad; (2005) 11 scc 314. 22. section 16 of contract act, 1872 defines undue influence as under:- "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 ..... 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). the onus is on the person ..... holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or (b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) where a person who ..... rule 4 of the cpc held that when a fraud is alleged, the particulars thereof are required to be pleaded. it was observed that when a contract is said to be voidable by reason of any coercion, misrepresentation or fraud, the particulars thereof are required to be pleaded. in ramesh b. desai ..... facts and circumstances of the case before this court. as noted earlier, there is a statutory presumption under section 114 (e) of evidence act that the official acts were regularly performed. therefore, in the absence of any material to the contrary, it must necessarily be presumed that all the rules relating to .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : May-16-2011
..... consideration unless and until the parties are able to prove that the case falls under section 70 of the contract act, 1872. since the present case does not fall thereunder, the absence of written or formal contract is irrelevant. 3.7. under section 72 of the contract act, 1872, the appellant is entitled to receive the price of the inadvertent power provided to the grid from the ..... not authorize injection of power on behalf of the distribution licensees. 10. the appellant has referred to sections 70 and 72 of the indian contracts act, 1872 which are reproduced below: 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 so gratuitously, and such another ..... delivered, by mistake or under coercion, must repay or return it. 11. in our opinion the section 70 and 72 of the indian contracts act, 1872 will not be applicable in the present case. the present case is governed by the electricity act, 2003 which is a complete code in itself. in the electricity grid, the sldc, in accordance with section 32 of the ..... of the appellant to the compensation for the alleged inadvertent injection of power into the grid without any schedule/contract. 6.1. we shall first examine the relevant sections of the act and the regulations. section 32(1) and (2) of the electricity act, 2003 relating to function of the state load dispatch centre (sldc) is reproduced below: 32. functions of state .....Tag this Judgment!
Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on : May-09-2011
..... per the reported judgement in air 2007 gujarat 72 and 4 (2006) page 216 nc in which it is stated as follows :- ?? ??consumer protection act, 1986 ?? section 2(1)(g) ?? nsc 6th issue rules, 1989 ?? rules 4, 11 ?? contract act, 1872 ?? sections 72, 73 ?? securities ?? nscs ?? issuance of certificates in contravention of rules ?? entitlement to interest ?? nscs issued to town area ..... not refusing to issue nscs, opposite parties guilty of deficiency in service ?? liable to compensate complainant for loss occasioned on such account ?? provisions of sections 72, 73 of act of 1872 attracted opposite party liable to pay principal amount ?? towards compensation, no option but to award sum equivalent to inerest payable on maturity of nscs. ? ??mahila sewa sahakari ..... award passed by the opposite parties. the complainants counsel also relied upon ruling reported in 1998 (1) cpj page 107 (nc) in which it is stated as follows :- ?? consumer protection act 1986 ?? sections 14(1)(d) ?? compensation ?? national saving scheme ?? post office deposits ?? interest ?? national saving scheme rules, 1987 ?? rules 3 and 4 ?? post office savings bank general ..... bank ltd. v. chief post master and ors. spl. civil appln. no.11574 of 2006 d/- 10-8-2006. government savings certificates act (46 of 1959), s.12 ?? kisan vikas .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-05-2011
..... that the agreement under which money was paid was void because its object was not lawfulvide section 10 and 23 of the indian contract act, 1872. 3. the argument overlooks that under section 65 of the indian contract act, when an agreement is discovered to be void or a contract becomes void, any person which has received any advantage under the such an agreement or ..... contract is bound to restore it or to make compensation for it to the person from who he received it. thus, while the agreement being void ..... and learned counsel for the respondent. 2. the argument of the learned counsel for the petitioner is that in view of the explanation in section 138 of the negotiable instrument act only a debt or liability which is legally enforceable can form a subject matter of the dishonour of a cheque. he submits that in this case, the money for which .....Tag this Judgment!