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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1973 Page 1 of about 910 results (0.102 seconds)

Sep 12 1973 (HC)

K.R. Rajamanickam Chettiar and ors. Vs. the Union of India

Court : Chennai

Decided on : Sep-12-1973

Reported in : AIR1974Mad375

..... of the respondent was only that of a bailee and in this context alone had referred to ss. 151, 152 and 161 of the indian contract act, 1872, and the decisions of courts with reference there to unfortunately, the learned judge completely failed to take note of the fact that the liability of ..... liability. in view of the fact, that the trial court was absolutely oblivious to the change effected in section 73 of the indian railways act by act 39 of 1961, it had no occasion to frame the necessary issues and concentrate its discussion on the real points that had to be decided ..... transit, of animals or goods delivered to the administration to be carried by railway, arising from any cause except the following, namely- (a) act of god; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under legal process; (e) orders of restrictions imposed by the central government or a ..... state government or by any officer or authority subordinate to the central government or a state government authorised in this behalf; (f) act or omission or negligence of the consignor or the consignee or the agent or servant of the consignor or the consignee; (g) natural deterioration or ..... damages and the only question is whether the defendant-respondent can escape liability for the damages on the ground that the damage was due to an act of god, viz., unusual heavy rains and floods or not. notwithstanding the fact that we gave repeated adjournments to enable the learned counsel for .....

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Jun 12 1973 (HC)

Anand Construction Works Vs. the State of Bihar

Court : Kolkata

Decided on : Jun-12-1973

Reported in : AIR1973Cal550

..... bhai arjun singh reported in air 1929 pc 179, where the judicial committee of the privy council at page 180 observed:'the effect of section 74 contract act, 1872 is to disentitle the plaintiffs to recover simpliciter the sum of rs. 10,000/- whether penalty or liquidated damages. the plaintiffs must prove the ..... distinction as made by the supreme court is borne in mind then the meaning of the language as provided in section 74 of the indian contract act becomes crystal clear. when it comes to the question of forfeiture of the security money because of the breach the sum forfeited does not ipso ..... made in the english common law between stipulations for liquidated damages and penalty have been eliminated by the provisions of section 74 of the indian contract act. this was also a case of a sale of certain land and building providing for forfeiture of a certain stipulated sum in case the ..... of fate chand v. balkishan reported in : [1964]1scr515 the supreme court has considered the scope and applicability of section 74 of the indian contract act and has distinguished the indian law from the english common law on the question of recovery of liquidated damages and penalty and observed that the distinction ..... to the plaintiff. the plaintiff has claimed the said amount by way of compensation by pleading the provisions of section 70 of the indian contract act.6. in the written statement the defendant states that the plaintiff agreed to allow the defendant to deduct and retain the said amount by way .....

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Aug 10 1973 (HC)

Kehar Dass Vs. Tarak Singh and anr.

Court : Punjab and Haryana

Decided on : Aug-10-1973

Reported in : AIR1974P& H133

..... court of law. the arbitration agreements are not hit by section 28 of the indian contract act, 1872. section 14 of the specific relief act, 1963, states that save as provided by the arbitration act, 1940, no contract to refer present or future differences to arbitration shall be specifically enforced, but if ..... because legal proceedings should not be carried out or proceeded with where there is an arbitration agreement. putting the matter differently, the arbitration act seems to contemplate that in respect of matters which are covered by the arbitration agreement, a suit shall not be entertained and proceeded ..... shall any arbitration agreement or award be enforced, set aside, amended, modified or in any way affected otherwise than as provided in this act. 33. arbitration agreement or award to be contested by application.--any party to an arbitration agreement or any person claiming under him desiring to ..... bar the suit. the remedies for challenging such agreements are provided in the act itself. i am fortified in the ..... any person who has made such a contract and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such contract shall .....

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Sep 20 1973 (HC)

P. Balchand Vs. Tax Recovery Officer, Bangalore

Court : Karnataka

Decided on : Sep-20-1973

Reported in : ILR1974KAR515; [1974]95ITR321(KAR); [1974]95ITR321(Karn); 1974(1)KarLJ145

..... to appear : provided that nothing in this sub-rule shall be deemed to limit or otherwise affect the provisions of section 247 of the indian contract act, 1872. (2) where the decree-holder claims to be entitled to cause the decree to be executed against any person other than such a person as ..... partner of the unregistered firm for the relevant accounting year, the collector could lawfully proceed to execute the certificate under section 46(2) of the act against the appellant and recover the income-tax arrears from him.' 14. the principles of the above decision cannot be extended to a certificate issued ..... of penalty or other sum.'11. rules were framed providing the procedure for the recovery of tax. rule 1 in the second schedule of the act defines certificate' as a certificate received by the tax recovery officer from the income-tax officer for the recovery of arrears under the said schedule. ..... detention in person; (d) appointing a receiver for the management of the assesses's movable and immovable properties.' 10. section 189(3) of the act provides :'every person who was at the time of such discontinuance or dissolution a partner of the firm, and the legal representative of any such person ..... drug house. 4. on march 30, 1969, the income-tax officer (collection), circle-1, bangalore-1, issued a certificate under section 222 of the act to the tax recovery officer, bangalore, to recover a sum of rs. 31,919 together with certain interest. the certificate showed the assesses in default as .....

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Jun 28 1973 (HC)

Life Insurance Corporation of India Vs. Canara Bank Ltd. and ors.

Court : Karnataka

Decided on : Jun-28-1973

Reported in : [1973]43CompCas534(Kar); ILR1973KAR1292; (1973)2MysLJ117

..... deliberate suppression fraudulently made by mahajan deolal. fraud, according to section 17 of the indian contract act, 1872 (ix of 1872), means and includes, inter alia, any of the following acts committed by a party to a contract with intent to deceive another party or to induce him to enter into a contract.' 18. one other principle laid down there in is that the explanation to section ..... in question. the contention, therefore, has to fail. 9. we now turn to the main contention based on the provisions of section 45 and section 17 of the insurance act and the contract act respectively. but it is to be remarked that the case on behalf of the trustee, in the context of the answer to question no. 10(b), is, as already ..... , however, worthy of note that the suppression of the fact of the aforesaid treatment was held to be fraudulent by the court within the meaning of section 17 of the contract act. the passage is at page 819 of the above report and runs thus : '..... no doubt, mahajan deolal's son now tries to make light of the illness of his father ..... 19 of the contract act, to the effect that a false representation whether fraudulent or innocent, is irrelevant .....

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Nov 21 1973 (HC)

Kandaswami Mudaliar Vs. Munuswamy Udayar and ors.

Court : Chennai

Decided on : Nov-21-1973

Reported in : (1974)2MLJ62

..... re-sell. in spite of such a specific clause the privy council held, after referring to section 55. of the indian contract act, 1872 that the law of equity which governs the rights of the parties in cases of specific performance of contracts to sell real estate, looks not at the letter but at the substance of the agreement in order to ascertain whether ..... a person who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or willfully acts at variance with, or in subversion of the relation intended to be established by the contract. the sum and substance of sub-clause (b) is that the plaintiff should continue to ..... counsel. all that it means is that during the course of the continuance of the contract and subsequently the plaintiff must be ready and willing to perform his part of the contract. section 16 of the specific relief act (xlvii of 1963) provides that specific performance of a contract cannot be enforced in favour of persons specified in clause (a) (b) and (c) of ..... stand by the contract and should not have become incapable of performing the contract or violated any of the terms .....

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Feb 13 1973 (HC)

Gajanan Saw Mill Vs. the State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Feb-13-1973

Reported in : AIR1973MP235

..... /s. babulal and co. to accept this contention would be to give a go by to the principles of the indian contract act, 1872,22. it was also argued by the learned advocate-general on behalf of the respondents that there was no contract as prescribed by article 299(1) of the constitution of india. in this connection we may only observe that their ..... position to their prejudice. the obligation arisingagainst an individual out of his representation amounting to a promise may be enforced ex contractu by a person who acts upon the promise: when the law requires that a contract enforceable at law against a public body shall be in certain form or be executed in the manner prescribed by statute, the obligation if the ..... action under the madhya pradesh van upai (vyapar viniyaman) adhiniyam. 1969 (no. 9 of 1969) (madhya pradesh forest produce (trade regulation) act. 1969). the said act was extended to sagar division with, effect from 14-9-1972. on that date the contract of m/s. babulal and co. alone was legally finalised and the said firm had started working the forest. but, in ..... placed in a worse situation. a change of one's position for the worse because of reliance on another's act is an element of estoppel.'11. the learned authors pollock and mulla in their commentary on the indian contract and specific relief acts (ninth edition) at page 48 have discussed the doctrine of promissory estoppel in the following words:--'lord denning has .....

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Apr 11 1973 (HC)

Sm. Panna Banerjee and ors. Vs. Kali Kinkor Ganguli

Court : Kolkata

Decided on : Apr-11-1973

Reported in : AIR1974Cal126

..... ind app 1--(air 1943 pc 29), there the judicial committee passed a decree for the repayment of a loan by invoking section 65 of the indian contract act, 1872 solely on the ground that it was a pure question of law. that decision of the board does not help mr. roy for a custom is not ..... money advanced as a matter of restitution; it was held that the mortgagee had the right to refuse to be bound by the contract of loan when the basis of the contract was gone and could claim restitution. it was also held that in that case the court below was unduly rigid on the question ..... interest in the subject-matter of that document.120. now, whether upendra nath took physical possession of this temple from sm. pramila debi and whether he acted as the joint shebait with her are pure questions of fact. the municipal records are against the land revenue records and therefore i am unable to give any ..... for a long time and had been managing the property. it was held that these shebaits could not be treated as mere pujaris as they had been acting as shebaits for a long period without challenge and therefore they could not be excluded from the management of the temple. this decision again is of ..... on the sheba puja of the deities till his death in 1925. it appears that between 1908 and 1918 certain mutation proceedings took place under the land registration act, 1876, in which the name of upendra nath was incorporated in the records by mutation, by deleting the name of rakhal chandra mukherjee, in respect of .....

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Aug 22 1973 (SC)

Sohan Lal and ors. Vs. AmIn Chand and Sons and ors.

Court : Supreme Court of India

Decided on : Aug-22-1973

Reported in : AIR1973SC2572; (1973)2SCC608; [1974]1SCR453; 1973(5)LC872(SC)

..... in the names of the firms.4. order 30 rule 4 of the civil procedure code provides that notwithstanding anything contained in section 45 of the indian contract act, 1872, two or more persons may sue or be sued in the name of a firm under the foregoing provisions and if any of such persons ..... were competent, and whether there was any bar in his legal representatives continuing the suits. counsel argued that under section 43 of the indian partnerships act, it, was open to bakshi ram to dissolve the partnerships by giving notice to the other partners as the partnerships were partnerships at will arid ..... on the ruling in clive mills ltd. v. swalal jain : air1957cal692 . and submitted that there are material differences between the english arbitration act and the indian arbitration act and therefore the decision of the house of lords might not be a safe guide.' we do not think that there is any material difference ..... respondents to the maintainability of these appeals on the ground that an opinion given pursuant to the first part of section 13(b) of the arbitration act is not a judgment, decree, determination or order as visualized in article 136 of the constitution and, therefore, the appeals would not lie.14. ..... other two partners in the subordinate judge's court at jullundur. the defendants in the suits filed applications under section 34 of the indian arbitration act for stay of the trial of the suits on the ground that the court had no jurisdiction to proceed with the trial in view of .....

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Aug 18 1973 (HC)

Konakalla Venkata Satyanarayana (Died) and ors. Vs. State Bank of Indi ...

Court : Andhra Pradesh

Decided on : Aug-18-1973

Reported in : AIR1975AP113

..... to raise the rate of 'interest from a certain date may not amount to an express proposal within the meaning of section 2(a) of the contract act but it nevertheless contains an implied proposal to the effect that if the constituent wanted to keep alive his overdraft account with the bank or desired ..... due and where the parties are couple of money lenders who are perfectly well able to look after their own interests court should not interfere with the contract they themselves have made.'53. in nanun v. lachhman, (air 1935 lah 38) the learned judges observed at page 39 as follows:--'it can hardly ..... regard to the debiting of watchhmans salary, it is contended by the learned counsel for the appellants that this claim is not covered by the terms of contract and therefore the plaintiff is not entitled to debit watchman's salary to the account of the defendants' firm. the lower court upheld this claim of ..... issues:1. whether the account filed by the plaintiff is entitled to the amount claimed?2. whether the interest claimed by the plaintiff is contrary to the contract governing the parties?3. whether the interest claimed is usurious?4. whether the settlement of accounts dated 29-3-1965 amounts to novatio and, if so, ..... as the execution of the promissory note amounted to novatio and that the liability of the firm and its members came to a close under the new contract. defendants 1, 3, 4, 6 and 7 filed a memo adopting the written statement of the 5th defendant.7. on the aforesaid pleadings the trial .....

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