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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1977 Page 1 of about 902 results (0.128 seconds)

Aug 01 1977 (HC)

Gopilal J. Nichani Vs. Trac Industries and Components Ltd., Madras and ...

Court : Chennai

Decided on : Aug-01-1977

Reported in : AIR1978Mad134

..... these appeals centre round the interpretation we have to place on section 4(b) of the tamil nadu relief undertaking (special provisions) act 1969 (tamil nadu act 21 of 1969) (hereinafter referred to as the act), and section 128 of the indian contract act, 1872.2. the appeal in o. s. a. 48 of 1975 is from the order of sethuraman j. in appln. no. 1849 ..... of 1973 in c. s. 155 of 1973, on the file of this court dismissing the suit filed against a relief undertaking as defined in section 2 (4) of the act and against the sureties ..... also affected by some conduct of the principal debtor or any agreement between the principal debtor and the creditor, attracting the provisions of sections 133, 134 or 135 of the contract act, the principle laid down in subramania v. narayanaswami : air1951mad48 , will not extend to a case where temporarily the liability of the principal debtor has been suspended and has therefore become ..... (b) is attracted and any application or suit concerning the guarantor cannot be proceeded with.7. we shall now take the question of interpretation of section 128 of the indian contract act. no other section of the contract act or and general principle has been relied on before us on behalf of the guarantor. we shall extract section 128 of the indian .....

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Apr 27 1977 (HC)

Smt. Shyam Kumari and ors. Vs. Ejaz Ahmad Ansari

Court : Allahabad

Decided on : Apr-27-1977

Reported in : AIR1977All376

..... but the rights of the parties did not after the lease was granted rest in contract. by section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. that section however does not enact and cannot be read as enacting that the provisions ..... a contract do not invalidate a concluded transfer.'the supreme ..... of the contract act are to be read into the transfer of property act. there is a clear distinction between ..... a completed conveyance and an executory contract, and events which discharge .....

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Sep 15 1977 (HC)

Harbas Singh Vs. Shanti Devi

Court : Delhi

Decided on : Sep-15-1977

Reported in : 13(1977)DLT369; 1977RLR487

..... part of the law of contract. this is why chapter iv of the contract act deals with the performance of contracts which includes the performance of contracts relating to immovable property also. in fact, section 4 of the transfer of property act says that the chapters and sections of that act which relate to contracts shall be taken as part of the indian contract act, 1872. thereforee, the respondent in whose ..... of section 202 of the contract act if not for the purposes ..... favor the appellant had executed an agreement for the sale of an immovable property had an interest in the subject-matter of the contract, namely, the shop, turn the purposes .....

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Feb 21 1977 (HC)

Kesoram Industries and Cotton Mills Ltd. Vs. Union of India (Uoi) and ...

Court : Kolkata

Decided on : Feb-21-1977

Reported in : AIR1977Cal459,81CWN573

..... mutual demands between the parties, there was nothing wrong or illegal in straightway making adjustment of mutual claims between the parties.13. section 72 of the contract act, 1872 provides that 'a person to whom money has been paid or anything delivered, by mistake or under coercion, must repay or return it.' there can ..... conception and also it has not been shown to our satisfaction that such cash assistance is to be deemed as income assessable under the income-tax act, 1961. accordingly in agreement with the learned judge we hold that there was no question of any estoppel or any right in the company enforceable ..... 1966. it could not therefore be said that there was such representation of an existing fact which raised an estoppel or a representation of a future act which could be enforced at law or in equity. as to the company's case that it entered the cash assistance as trade receipt in its ..... company thus altered its position it was submitted, to its detriment. accordingly the government was bound by its pronvse and could not alter the promise was acted upon be allowed to resile from its promise and saddle the company with the liability as if such promise was never made. reference was made to ..... . the application accordingly, in our opinion is maintainable in law,11. the next point urged by mr. r. c. deb is that the company acted upon the promise of cash assistance held out by the respondents and showed the amount so paid by government in discharge of its promise as trade receipts .....

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Apr 20 1977 (HC)

Union of India Vs. Bharat Engineering Corporation

Court : Delhi

Decided on : Apr-20-1977

Reported in : ILR1977Delhi57; 1977RLR499

..... other) such dispute shall be settled by a tribunal of their own constitution.' (18) a 'contingent contract' is defined by section 31 of the contract act 1872 as 'a contract to do or not to do something if some event. collateral to such contract, does or does not happen.' contracts which are centingent on the happening of a future uncertain event 'cannot be enforced by law unless ..... and until that event has happened, and 'if the event becomes impossible, such contracts become void' : section 32. these ..... saying it must be a 'present' agreement. (23) also, unless the acceptance is 'absolute and unqualified' the 'proposal' will not get 'converted' into a 'promise': see section 7 of the contract act. if in response to a's proposal, b says: i will accept your proposal 'if some event...... does or does not happen',' there is no acceptance and no agreement. hence ..... of an arbitration agreement. this becomes clear if such an agreement is constructed, step by step, in accordance with the sequence of the definitions in section 2 of i he contract act. negotiations start with a saying to b : i am willing to submit the differences (present or future, as the case may be) to arbitration provided you also agree to do .....

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Jun 29 1977 (HC)

State of West Bengal and ors. Vs. Hindusthan Construction Co. Ltd.

Court : Kolkata

Decided on : Jun-29-1977

Reported in : [1978]41STC112(Cal)

..... has been observed by the supreme court that there is no warrant for ascribing any limited meaning to the word 'mistake' in section 72 of the indian contract act, 1872 and it is wide enough to cover not only a mistake of fact but also a mistake of law. but, on a true interpretation of section 72, ..... after the mistake was detected by respondent no. 1 he filed the writ petition in this court on 5th june, 1972.8. under section 72 of the indian contract act, a party is entitled to recover money paid by mistake or under coercion. in sales tax officer, banaras v. kanhaiya lal makund lal saraf [1958] 9 ..... of goods, sales tax can be imposed on such sales. it has been already stated that respondent no. 1 was labouring under a mistake that the contracts also embodied contracts for sale of goods. item no. 2(ii) read with item no. 3(iii) of the returns which were filed by respondent no. 1 ..... but must be interpreted in its legal sense and should be given the same meaning which it has in the sale of goods act, 1930. it was observed that in a building contract which is one, entire and indivisible, there is no sale of goods and it is not within the competence of the provincial ..... c. 216, the appellant applied under article 226 of the constitution for a declaration that the provisions of the orissa sales tax act, 1947, authorising the imposition of sales tax on works contracts were ultra vires the state legislature and for a writ directing the officers to refund the sales tax realised from the appellant. .....

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Jan 25 1977 (HC)

Vijaysingh and anr. Vs. Competent Authority, Sub-divisional Officer, T ...

Court : Madhya Pradesh

Decided on : Jan-25-1977

Reported in : AIR1978MP72

..... a period of limitation for filing objections to the draft statement. section 29 of the limitation act 1963 provides:'29. (1) nothing in this act shall affect section 25 of the indian contract act, 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 schedule, the provisions of section ..... decided the question of title under sub-section (4), then the civil court has jurisdiction to entertain a suit independently of the provisions contained in section 11 of the ceiling act. similarly, if there are no proceedings before a competent authority, then too, the civil court will have jurisdiction to entertain a suit pertaining to the question of title. but if ..... with by a competent authority. this provision therefore bars the jurisdiction of the civil court only about questions which are triable by the competent authority under the provisions of this act. the questions which are not within the jurisdiction of the competent authority to decide cannot be held to be covered by the provisions of section 46. it is also clear ..... ) after all such objections, pending proceedings and the suit, if any, filed under sub-section (5) have been disposed of, the competent authority shall, subject to the provisions of the act and the rules made thereunder make necessary alterations in the draft statement in accordance with the orders passed on objections, the decision of the competent court and the decision of .....

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May 12 1977 (HC)

U.P. State Electricity Board and anr. Vs. Goel Electric Stores, Chandi ...

Court : Allahabad

Decided on : May-12-1977

Reported in : AIR1977All494

..... refund of the bank guarantee. hence no inference of acceptance of the offer by conduct can be drawn.12. under section 7(1) of the indian contract act. for a proposal to get converted into a promise the acceptance has to be absolute and unqualified. further sub-section (2) of section 7 provides ..... the character of 'invitation to treat'. the finding of the court below has accordingly to be reversed.14. we hold that there was no completed contract and the plaintiff had acquired no right to seek the injunction.15. the next contention of the learned counsel was that unless there was rejection of ..... or merely seeking further information before making up his mind. a mere request for information obviously does not destroy the offer'. (cheshire and fifoots law of contract, ninth edition, p. 34), the seeking clarification of an offer cannot amount either to the acceptance of the offer or to the making of a ..... offers from persons who had filed the tenders on the basis of the earlier invitation.4. the first question that arises gwhether there was a completed contract in the case or not. according to the plaint allegations there was an implied acceptance of the plaintiffs' offer by the letter written toy the ..... . aggrieved by the decree of the trial court the defendants have filed this appeal. the case of the appellants is that there was no completed contract and the plaintiff had no right to sue for the injunction which the court had granted. the contention of the learned counsel for the respondent, .....

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Oct 05 1977 (HC)

Jagatjit Distilling and Allied Vs. Bharat Nidhi Ltd.

Court : Delhi

Decided on : Oct-05-1977

Reported in : ILR1978Delhi526

..... . we do not agree. to us it seems a clear case of pledge.(57) the position in indian law is the same as in english law. section 172 of the contract act which defines a 'pledge' affirms the english common law. section 172 states that 'the bailment of goods as security for payment of a debt or performance of a promise' is ..... far as my knowledge goes, thereforee, the plant remains in karachi.'(43) in our opinion the doctrine of frustration embodied in section 56 of the contract act has no application. under the doctrine of frustration a contract may be discharged if after its formation events occur making its performance illegal, impossible or commercially sterile. the doctrine of frustration is relevant when it is ..... bailor is in this case called the 'pawnor' and the bailee is called the 'pawnee'. according to section 148 of the contract act 'a bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering ..... the agreement, factually or legally, became impossible of performance so as to attract section 56 of the contract act. we can see no justification for a conclusion, of law that the contract was frustrated. frustation is not to be lightly invoked as the dissolvent of a contract. 'no court has an absolving power'. (51) it appears to us that the instant case is not .....

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Jan 20 1977 (HC)

Makkala Narsimlu Vs. Gunnala Raghunandan Rao

Court : Andhra Pradesh

Decided on : Jan-20-1977

Reported in : AIR1977AP374

..... as the quantum of damages. section 74 of the indian contract act provides that when a contract has been broken, if a sum is named in the contract as the amount to be paid in the case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining ..... observed while construing section 74 at page 1273:'.................................. even if there is a stipulation by way of liquidated damages, a party complaining of breach of contract can recover only reasonable compensation for the injury sustained by him, the stipulated amount being merely the outside limit.'in the earlier case in maula bux ..... clear that where there is a broken contract and an amount is named as compensation, the court cangrant a reasonable portion of that amount or the entire amount as the case may be, ..... is entitled, whether or not actual damages or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for. therefore, from the statute it is ..... cannot be sustained. it should be noted that the learned judge awarded rs. 2,000 as reasonable damages or compensation for the breach of the contract. this is what the learned judge stated in this connection :'i, therefore, partly allow the appeal and direct that the respondent shall further pay a .....

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