Court : Delhi
Decided on : Jul-20-1979
Reported in : AIR1979Delhi232
..... pleadings and the law applicable to it to sustain the temporary injunction.7. our reasons for this conclusion are as below: section 27 of the contract act, 1872, reads as under:'every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that ..... to that of the ex-employer for a period of two years after leaving the service. this is directly contrary to section 27 of the contract act.24. incidentally it may be observed that clause 10 applies only after the employee 'leaves' the company. the learned single judge has construed ..... in accordance with it. this will be apparent by the perusal of the following extracts from the order:1. 'under the s. 27 of the contract act to determine whether the agreement is void, one has to determine whether the restraint is reasonable. if the restraint is reasonable the agreement will not ..... burn & co. v. mcdonald, (1909) 36 cal 354, and mls. lalbhai dalpatbhai & co. v. chittaranjan chandulal pandya, : air1966guj189 .13. the indian contract act is exhaustive as far as it goes and cannot be controlled by the english decisions based on common law. no indian decision seems to have held any restraint of trade ..... imposed on an employee after the termination of the period of his employment has been consistently affirmed by the indian decisions on a construction of s. 27 of the contract act. a few of them are oakes & co. v. jackson, (1876) 1 mad 134, pragji soorji v. pranjiwan tooljaram, (1903) 5 bom lr 878 .....Tag this Judgment!
Court : Delhi
Decided on : May-04-1979
Reported in : ILR1979Delhi1; 1979LabIC1294; (1980)ILLJ463Del
..... , that the representation made by the government to shri ranbir chandra was a 'misrepresentation' within themeaning of section 18(1) of the indian contract act, 1872, because it was a positive assertion in a manner not warranted by the information of the government of that which was not true, though ..... the consent of shri ranbir chandra to accept the class ii appointment was 'caused by misrepresentation' within the meaning of section 19 of the contract act. this had a double result. firstly, it became the duty of the government to correct the misrepresentation which had been made to shri ..... to the emergency cadre of the military accounts department as a result of the 1945 examination by the orders passed in 1947 and the contract entered into in 1947 were correct. respondent no. 6 never disputed their correctness. it 'was never his stand that in 1947 he should ..... military accounts department on the 10th january, 1947 by a gazette notification dated 22nd february, 1947. he was also made to execute a contract of service which was to continue initially for three years and subsequently on like terms and conditions until terminated by three months' notice. in ..... interests of fairness to individual whose interests will otherwise be directly and prejudicially affected may lead the courts to attribute binding effect to administrative acts and decisions which the competent authority wishes to repudiate or rescind. indeed, it would seem that the legal competence of administrative bodies to rescind .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-24-1979
Reported in : AIR1979Cal197
..... (west bengal) or who has a place of such business in (west bengal), and includes a pawnee as defined in section 172 of the indian contract act, 1872; 2(14) 'money-lending business' and 'business of money-lending' means the business of advancing loans either solely or in conjunction with any other ..... note or an allied document and/or unconditional undertaking. the words 'promise to pay' are also found in section 25(3) of indian contract act where a time barred debt can be revived by virtue of such express promise to pay. the guarantee agreement in suit is certainly not an ..... engagement to answer for the debt, default or miscarriage of another person. section 126 of the indian contract act defines the contract of guarantee as follows :-- section 128: a 'contract of guarantee' is a contract to perform the promise, or discharge of liability of a third person in case of his default. the ..... co as the owner and the borrowers as the hirer wherein the money advanced were to be repaid by instalments. registering authorities under motor vehicles act endorsed the agreement to the effect that the registration of the vehicle was subject to a hire-purchase agreement. this transaction was treated by the ..... according to him the real transaction between the plaintiff and the defendant no. 1 was a loan transaction within the meaning of bengal money-lenders act. the plaintiff is carrying on money lending business without holding any money-lending licence. hence the hire-purchase agreement in suit is null and .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-16-1979
Reported in : 1981ACJ207; AIR1980Guj172; (1979)2GLR371
..... to the administration to be carried by railways shall, subject to the other provisions of this act, be that of 4 bailee under ss. 151, - 152 and 161 of the indian contract act, 1872 (9 of 1872). (3) nothing in the common law of england or in the carriers act, 1865 (3 of 1865), regarding the responsibility of common carriers with respect to the carriage of ..... any loss, destruction or deterioration of the goods. it has been observed in that case that:...... under section 161 of the contract act, in the case of bailment the, bailee is responsible only to the bailor, and if a person, who is not a bailor, files a suit against the bailee for any ..... to the goods carried by it. in his submission, this question will have to be decided by reference to the general principles of law and the provisions of the indian contract act. according to him, a consignor of goods can always sue the railway administration for any loss, damage or deterioration caused to the goods, firstly because he being 'a party to ..... guj 266, this court after considering the provisions contained in section 72 of the act, as tt stood prior to the amendment of the act' by act 39 of 1961, and sections 148 and il61 of the indian contl7act act, held that if the conditions of section 161 of the contract act are satisfied, the railway is responsible to the bailor i.e. the consignor for .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jan-31-1979
Reported in : (1984)7ITD463(Delhi)
..... in 1965 was the assessee's income and kumari archana was the assessee's nominee and he misconceived the provisions of sections 60 to 64 of the act and the provisions of the indian contract act, 1872. on looking into the record, we find that the aac while deciding the assessee's appeal for the assessment year 1966-67 referred to in section 64 ..... and section 11 of the indian contract act. that order of the aac, however, merged into the order of the tribunal for that year. we have considered all the arguments ..... the conclusion of the tribunal for the assessment year 1966-67. the tribunal's decision did not proceed on the basis of section 64 or any provision of the indian contract act. the tribunal came to the conclusion that the profit was in fact earned by the assessee and his daughter kumari archana was merely benatnidar and that was essentially a question ..... are as follows : the assessee, shri nar haridalmia, has been deriving income by way of dividends. on 10-1-1966 shri nar hari dalmia purporting to act on behalf of his minor daughter, kumari archana, contracted to purchase 10,000 shares of indian iron & steel. co. ltd. at the rate of rs. 23.65/23.67 per share.on 13-1-1966 .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-21-1979
Reported in : AIR1980All253
..... make restitution to the other has been accepted in this country and has also found statutory recognition in sections 65 to 70 of the indian contract act. we may for purposes of discussion take it that the passages cited by the learned counsel represent the correct legal position with regard to the ..... the nature and incidents of earnest money deposited by an intending purchaser with the seller, and held that in case the purchaser commits breach of contract the earnest money is liable to be forfeited. while making the observations relied upon by the learned counsel for the appellant the learned judge ..... the defendant did not receive the sum of rs. 100,000 as earnest money, the defendant is, notwithstanding the fact that the breach of contract might have been committed by the plaintiff, is liable to refund the money received by him.12. learned counsel for the appellant relied upon the ..... the defendant intimated the plaintiff that the order placed by it had been registered and that it was going ahead with it. even though the contract was complete and the plaintiff was not liable to pay anything further towards advance payment for the plant, the defendant started pestering the plaintiff for ..... of another is required to make restitution to the other. according to him, courts in america have accepted and acted upon this doctrine. he invited our attention to 'restatement of the law of contracts' as adopted and promulgated by the american law institute vol. ii para 357 at p. 623 and specially to .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-18-1979
Reported in : AIR1980All143
..... that the document required registration and on account of non-registration of the same it was not enforceable yet it will merely render the contract as void and attract the provisions of section 85 of the indian contract act. section 65 has already been quoted above and it would appear from the same that whenever an agreement is discovered to be void or ..... the auction bids and the resolution passed by the board and that the agreement not having been duly registered section 65 of the contract act would come to the aid of the plaintiff in claiming the amount due under the contract. the defendants have also failed to prove the actual profits and the benefit received by them under the agreement in question and ..... the board. this would constitute an agreement within the meaning of section 2 of the indian contract act according to section 10 of the act, however, all agreements are contracts, if they are made with the free consent of the parties, who are competent to contract and the contract is for a lawful consideration and for any lawful purpose or have not been declared to be ..... enforceable. both the courts below have decreed the suit relying on section 65 of the indian contract act which reads as under:'when an agreement is discovered to be void, or when the contract becomes void, any person who has received anyadvantage under such agreement or the contract is bound to restore it, or to make compensation for it, to the person from whom .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-08-1979
Reported in : AIR1982Bom30; ILR1981Bom1222
..... liability of the decree-holder towards the auction-purchaser is , therefore, not justified.30. let us now consider the question whether s. 72 of the contract act is exhaustive in its character . it is well known that the principle embodied in the said section 72 is equitable principle, although it has become ..... with great respect that i am fully in agreement with what is expressed by thier lordships. viz. that the principles underlying section 65 of the contract act can have no application whatsoever to the kind of transaction, such as the instant one.25. it is the second source of the auction-purchaser' ..... full bench case which i have mentioned above referred to this section, but they referred to this section as well as to other sections of the contract act merely by way of analogy. the ground upon which they based their conclusion, viz. that the auction purchaser was entiled to file a suit ..... the decree holder was liable to pay back the amount received by him to the auction-purchase under the provisions or s. 65 of the contract act, while relying upon the said decision attention of the binding authority of the been invited to the binding authority of the court in santimmppa's ..... the auction-purchaser had a remedy by way of an independent suit even against the decree-holder on the principles analogous to section 65 of the contract act, he, therefore, held that a suit by auction-purchaser for recovery of the purchase money from the decree-holder was maintainable. the learned district .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-15-1979
Reported in : AIR1979All174
..... may have been able to recover compensation for wrongful detention thereof by the employees of the state but then he cannot maintain a claim under section 70 of the indian contract act.31. in the result, the appeal succeeds and is allowed. the decree passed by the trial court is set aside and the plaintiff's suit is dismissed. however, considering the ..... the latter is bound to make compensation to the former in respect of or to restore the thing so done or delivered.'before a claim under section 70 of the contract act can be made following conditions have to be fulfilled :--(1) that a person should lawfully do something for another person or deliver something to him.(2) in doing the aforesaid ..... nor is it necessary to take the affidavit filed at this stage into consideration.29. reliance placed by the trial court on section 70 of the contract act appears to be misplaced. section 70 of the indian contract act runs thus :--'where a person lawfully does anything for another person or delivers anything to him not intending to do so gratuitously, and such other ..... question was hit by article 299 of the constitution and held that in any case the plaintiff was, in view of the provisions of section 70 of the indian contract act, entitled to recover compensation from the defendant. in the result, it held that plaintiff was entitled to receive compensation for the timber at the average rate of rs. 3/-per .....Tag this Judgment!
Court : Kerala
Decided on : Oct-11-1979
Reported in : AIR1980Ker87
..... and ceased to be liable on the surety bond as this would be in accordance with the principle governing sections 135 - 139 of the contract act but in a case where only a consent decree is passed on the basis of compromise and such decree was in the contemplation of the ..... case where ext al bond contained the following provision. (matter in malayalam omitted-ed)3. sections 135 and 137 of the contract act are relevant, and they read:--'135. a contract between the creditor and the principal debtor, by which the creditor makes a composition with, or promises to give time to, or ..... and with great respect, the operation of section 135, going by its language, does not appear to depend entirey on the terms of the suretyship contract or on substantial departure therefrom and a consequent serious prejudice to the surety. as forprejudice or damage caused to the surety, this is what blackburn j ..... payment or payment by instalments'. chakkunny (1960 ker lt 866) also does not make any pointed reference to the effect of granting time under a contract; the discussion is confined to the question whether a consent decree is the same thing as a decree passed on contest. and even on this limited ..... against the principal debtor gets impaired at least to some extent. to that extent, the surety's contract stands modified, without his consent, and the creditor's act 'is against the faith of his contract'. 'it is the clearest and most evident equity not to carry on any transactions without the privity of .....Tag this Judgment!