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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1980 Page 1 of about 951 results (0.093 seconds)

Mar 21 1980 (SC)

Superintendence Company of India (P) Ltd. Vs. Sh. Krishan Murgai

Court : Supreme Court of India

Decided on : Mar-21-1980

Reported in : AIR1980SC1717; [1980(41)FLR137]; (1981)ILLJ121SC; (1981)2SCC246; [1980]3SCR1278

..... of another construction as being operative on termination, however, accomplished of the service e.g. by dismissal without notice, would, having regard to the provisions of section 27 of the contract act, 1872, try to preserve the covenant in clause 10 by giving to it a restrictive meaning, as implying volition i.e. where the employee resigns or voluntarily leaves the services. the ..... the 'test of reasonableness', as laid down by lord macnaghten in nordenfelt v. maxim nordenfelt guns sr. ammunition co ltd., supra, and is, therefore, enforceable despite section 27 of the contract act, 1872, and, secondly, that the word 'leave' in clause 10 of the agreement is wide enough to make the covenant operative even on the termination of employment i.e. it includes ..... to enforce the negative covenent can be granted under illustrations (c) and (d) to section 57 of the specific relief act, 1963, despite section 27 of the contract act, 1872 3. whether, and to what extent, the provisions of section 27 of the contract act are subject to the common law doctrine of restraint of trade 4. whether the word 'leave' in clause 10 of the ..... the case of dismissal. i am afraid, the contentions are wholly devoid of substance.24. while the contract act, 1872, does not profess to be a complete code dealing with the law relating to contracts, we emphasise that to the extent the act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles .....

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Feb 27 1980 (HC)

Hukmi Chand Vs. Jaipur Ice and Oil Mills Co. and ors.

Court : Rajasthan

Decided on : Feb-27-1980

Reported in : AIR1980Raj155; 1980()WLN200

..... reasonable or not, we will like to deal with the law codified in section 27 of the indian contract act, 1872 (hereinafter referred to as the contract act) and sections 36, 54 and 55 of the indian partnership act, 1932 (hereinafter referred to as the partnership act).section 27 -- agreement in restraint of trade void. -- every agreement by which any one is ..... suchpartner will not carry on businesswithin specified local limits, and, notwithstanding anything contained insection 27 of the indian contract act,1872, such agreement shall be valid ifthe restrictions imposed are reasonable. 9. a perusal of section 27 of the contract act will show that it makes every agreement by which anyone is restrained from exercising a lawful profession, trade or ..... the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable. section 54 -- partnership act.partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of ..... specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable. section 55 -- partnership act.(1) in settling the accounts of a firm after dissolution the goodwill shall, subject to contract between the partners, be included in the assets, and it may be sold .....

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Jan 25 1980 (HC)

Kerala Electrical and Allied Engineering Co. Ltd. Vs. Canara Bank and ...

Court : Kerala

Decided on : Jan-25-1980

Reported in : AIR1980Ker151

..... bill of lading that the claim if not brought within one year of delivery will be barred, will be hit by section 28 of the indian contract act, 1872. the suit in that case was brought after the one year period specified in the condition. the court held:'...... the effect of the incorporationof article ..... pending action or arbitration, came up for consideration. repelling the contention that the clause was rendered void by section 28 of the indian contract act, 1872, the full bench said:'as the clause does not limit the time within which the insured could enforce his rights and only limits the time ..... filed within 6 months from the date of expiry of the guarantee is hit by section 28 of the indian contract act, 1872.3. section 28 of the indian contract act, 1872 reads:'28. every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of ..... any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce ..... further said:'..... .such a clause did not defeat anyprovision of law, it was not opposed topublic policy and it neither contravened section 28, contract act, nor article 86, limitation act.'in pearl insurance co. v. atma ram, (air 1960 punj 236 (fb)) a clause in an insurance policy which said that in .....

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Apr 16 1980 (HC)

inderjit Kaur Vs. Rajinder Singh

Court : Delhi

Decided on : Apr-16-1980

Reported in : 18(1980)DLT197; 1980RLR666

..... and, i should think it is 'opposed to public policy' if not also 'immoral'. for all those reasons it violates section 23 of the contract act 1872.(18) a little reflection would have shown the judge the grave implications of the order he was making. whether order 23 rule 3 of the ..... was retained (40) in its fifty-nine report (1974) the law commission of india proposed certain amendments in section 9 of the hindu marriage act, and those have now been implemented. although the commission took notice of the fact that in england 'the action has recently been abolished', unfortunately ..... decree for restitution was to establish desertion and. also, to enable ancillary orders for maintenance to be made. its function under the- indian divorce act was the same. the basic reason which persuaded the english law commission to recommend abolition of the remedy of. restitution, was that desertion 'can ..... an immediate decree of judicial separation and, if coupled with the husband's adultery, entitling the wife to an immediate divorce. the matrimonial causes act 1923 gave the wife the right to divorce the husband for adultery alone, so that it thereafter became unnecessary for her to rely on his ..... any view, what happened in this case is very perturbing.(2) in february 1977, the husband instituted a petition, under section 9 of the hindu marriage act, 1955, for restitution of conjugal rights. he alleged that the wife had 'withdrawn' from his 'society' without 'reasonable excuse', and had not returned .....

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Jul 23 1980 (HC)

Union of India Vs. the United India Fire and General Insurance Co. Ltd ...

Court : Chennai

Decided on : Jul-23-1980

Reported in : AIR1981Mad162

..... railway. administration shall be responsible as a bailee under ss. 151, 152 and 161 of the indian contract act 1872, for the loss, destruction, damage, deterioration, or non-delivery of goods carried by railway within a period of thirty days after the termination of transit; provided ..... of the railway is that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. section 77(1) and (2)of the indian railways act, 1890asit stood, prior to the amendment of the act by act 71 of 1972 reads as follows-'responsibility of railway administration after termination of transit- (1) a ..... court is to the following effect-'the responsibility of the railway administration therefore, is that of a bailee under the provisions of sec. 151 of the contract act. it has to take as much care of the goods bailed to it as a man of ordinary prudence would, of his own goods of the ..... high court in moolji sikka and co. v. b. n. rly. co. ltd. : air1929cal482 . in that judgment it was observed-'under section 151, contract act. the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would under similar circumstances take of his ..... position of law in india is slightly different from that in england for here the railway is only a bailee in the absence of any special contract and it is only when it is proved that the railway did not take such care of the goods as a man of ordinary prudence would .....

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Jan 11 1980 (HC)

L. Bansi Dhar and Sons Vs. Commissioner of Income-tax, Delhi

Court : Delhi

Decided on : Jan-11-1980

Reported in : ILR1980Delhi415; [1980]123ITR58(Delhi)

..... as it is the crux of the present case before us. normally, a contract may ripen into property. this is why s. 4 of the transfer of property act 1882, provides that the chapters and sections of that act which relate to contracts shall be taken as part of the indian contract act, 1872. the question, however, arises as to when a contractual right is property and ..... decision would not be relevant for our purpose. secondly, no reference was made to the definition of 'actionable claim' under s. 3 of the transfer of property act and ss. 31 and 32 of the contract act by the court in sahani's case : [1970]78itr508(delhi) , in considering the nature of the property under a personal accident insurance policy in which compensation ..... can be supported by reference to the relevant statutes. firstly, ss. 31 and 32 of the contract act read as follows : '31. a 'contingent contract' is a contract to do or not to do something, if some event, collateral to such contract ones or does not happen'. '32. contingent contracts to do or not to do anything if an uncertain future event happens cannot be enforced ..... resulting in the death is an event which may or may not happen at all. it is for that reason that under s. 3 of the transfer of property act such a contract ceases to be an 'actionable claim' in respect of compensation payable on death caused only by accident and in relation to the assured. 11. it may be that the .....

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Aug 26 1980 (SC)

Trustees of the Port of Bombay Vs. Premier Automobiles Ltd.

Court : Supreme Court of India

Decided on : Aug-26-1980

Reported in : AIR1981SC1982; (1981)1SCC228; [1981]1SCR532

..... act.so if there was any loss, destruction or deterioration of the goods within the ..... charge of the board, its responsibility was that of a bailee under the three specific sections of the contract act, excepting of course the further provision ..... charge shall, subject to the other provisions of this act and subject also in the case of goods received for carriage by railways to the provisions of the indian railways act, 1890, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, omitting the words 'in the absence of any special contract' in section 152 of the last mentioned ..... direction of section 61b. by virtue of that section, the liability of the board is no more than that of a bailee under sections 151, 152 and 161 of the contract act. as we have pointed out, bailment is a concept correlated to possession, and when that is admittedly not contradicted in this case, it is really a liability in tort and .....

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Aug 26 1980 (HC)

The Trustees of the Port of Bombay Vs. the Premier Automobiles Ltd.

Court : Mumbai

Decided on : Aug-26-1980

Reported in : (1981)83BOMLR28

..... act.so if there was any loss, destruction or deterioration of the goods within the ..... charge of the board, its responsibility was that of a bailee under the three specific sections of the contract act, excepting of course the further provision ..... charge shall, subject to the other provisions of this act and subject also in the case of goods received for carriage by railways to the provisions of the indian railways act, 1890, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, omitting the words in the absence of any special contract' in section 152 of the lust mentioned ..... direction of section 61b. by virtue of that section, the liability of the board is no more than that of a bailee under sections 151, 152 and 161 of the contract act. as we have pointed out, bailment is a concept correlated to possession, and when that is admittedly not contradicted in this case, it is really a liability in tort and .....

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Apr 02 1980 (HC)

Loyd Bituman Products (P.) Ltd. Vs. Union of India (Uoi), Represented ...

Court : Chennai

Decided on : Apr-02-1980

Reported in : (1980)2MLJ363

..... rail, within a period of thirty days after the termination of transit, shall be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. there is a proviso to sub-section (1) which deals with goods carried at owner's risk but we are not concerned with that aspect of the ..... as follows ;-77. (1) a railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872, for the loss, destruction, damage, deterioration or non-delivery of goods, carried by railway within a period of thirty days after the termination of ..... to be reckoned.12. section 77(1) refers to the responsibility of the railway administration as a bailee under sections 151, 152 and 161 of the indian contract act. the relevant sections in the contract act, viz , sections 151, 152 and 161, read as follows:section 151. - care to be taken by bailee : - in all cases of bailment ..... of the goods to e. p. railway over that portion of the route where they were operating. it was held in that case that there was an implied contract of bailment between the owner of the goods and the e. p. railway, and the n. w. railway had constituted the e. p. railway as ..... quality and value of the goods bailed'.'section 152 ,--bailee when not liable for loss etc. of thing bailed:the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151.' .....

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Oct 14 1980 (HC)

Daulat Ram Vs. Som Nath and ors.

Court : Delhi

Decided on : Oct-14-1980

Reported in : AIR1981Delhi354; 19(1981)DLT1; 1981(2)DRJ14

..... to pay the arrears of rent and that such agreement is a contract within the meaning of section 25 clause (3) of the indian contract act, 1872. his further contention is that the agreement in writing under section 25 clause (3) of the indian contract act came into existence on 8th may, 1971 and thereforee if the ..... appellants pay or tender after that date they are liable to pay or tender rents for the period from 6th february, 1965. under section 15(1) of the act ..... on behalf of the appellants is not an agreement to pay time-barred rent within the meaning of clause (3) of section of 25 the indian contract act. (10) assuming that the reply dated 8th may, 1971 is an agreement to pay time-barred rent, it appears to me that the appellants- ..... of his contention that the reply dated 8th may, 1971 is an agreement in writing within the meaning of clause 3 of section 25 of the indian contract act relies upon the various judgments. he refers to appa rao v. suryaprakash rao, 2nd 23 madras 94, wherein the debtor has written the following letter ..... reply dated 8th may, 1971 is not an agreement to pay time-barred rent within the meaning of section 25 clause (3) of the indian contract act. he also says that in any case, time-barred rent became legally recoverable only on 8th may, 1971 when the written reply was sent and .....

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