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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1981 Page 1 of about 1,282 results (0.138 seconds)

Feb 24 1981 (HC)

Nagpur Nagarik Sahakari Bank Ltd. Vs. Union of India and anr.

Court : Andhra Pradesh

Decided on : Feb-24-1981

Reported in : [1984]55CompCas677(AP)

..... the duties and obligations indicated in the said agreement shall be final and binding on the bank ....' sections 124, 126, 128, 140 and 145 of the indian contract act, 1872, read as under : '124. a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other ..... clauses comprised in the text of ex. a-2, speak of the guarantee and nothing else. 15. secondly, in view of the last sentence, in s. 126 of the contract act, namely, 'a contract may be either oral or written', ex. a-2 by necessary and irresistible implication ropes in the third party, namely, the principal debtor as well, by virtue of reference ..... clause but also to the canons of construction. in fateh chand v. balkishan dass, : [1964]1scr515 , the supreme court, while construing s. 74 of the indian contract act, held (headnote) : 'section 74 of the indian contract act is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and ..... they must be deemed to exclude the right to claim an unascertained sum of money as damages. the right to claim liquidated damages is enforceable under s. 74 of the contract act and where such a right is found to exist no question of ascertaining damages really arises. where the parties have deliberately specified the amount of liquidated damages there can be .....

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Nov 05 1981 (HC)

A.P. Kochudevassy Vs. State of Kerala

Court : Kerala

Decided on : Nov-05-1981

Reported in : AIR1982Ker90

..... that the goods were carried by the plaintiff lawfully and in the course of business, and he is therefore on the basis of the principle of section 70 of the contract act, 1872. entitled to compensation for nonpayment of the correct rate of charges.5. from the facts it would appear that shri panicker is right in contending that both parties were mistaken ..... not verifying it. in the circumstances neither law nor equity comes to his aid,9. shri panicker has placed much stress on the principle embodied in section 70 of the contract act. the wording of the section and the illustrations mentioned thereunder militate against counsel's argument. the section has no application where the parties have ..... is no principle of law or equity which warrants intervention of the court on the facts of this case to rectify the terms upon which the parties acted. when the parties entered into the contract it was known to them that different rates applied to different zones and that the zones were determined on the basis of distance as provided under the ..... acted upon stipulated terms of contract. the section embodies the equitable principle of restitution and prevention of unjust enrichment. the object of this provision is to enable the courts to do substantial justice where the relation .....

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Oct 06 1981 (HC)

Dnyanoba Sukhdeo Lande and anr. Vs. Shrirang Mahataraji Dhurwade

Court : Mumbai

Decided on : Oct-06-1981

Reported in : 1982(2)BomCR18

..... entitled to protect his possession. the answer to such question is positively no. section 23 of the indian contract act, 1872, lays down that the consideration or object of an agreement is lawful, unless it is forbidden by law; or is of such a nature that, ..... act. it is, therefore, an agreement of sale on which the appellant-defendant relies is illegal by virtue of sub-section ..... be deemed to be invalid under sub-clause (2) of the said section. the contract for sale of such land of which the tenant has become the owner will be invalid in view of the provisions of section 23 of the indian contract act, because it contravenes the provisions of section 50-b of the hyderabad tenancy ..... the permanent alienation of the agricultural land of which the tenant has become the owner by operation of law and not by contract. the word 'transfer' used in section 47 of the hyderabad tenancy act had a restricted meaning whereas the word 'transfer' used in section 50-a had a different meaning altogether. the legislature in ..... the word 'transfer' used in sub-section (2) of section 50-b of the hyderabad tenancy act.7. now, it is well-settled that the provisions of section 53a would not apply to an invalid or a void contract of an agreement of sale. the question in this case is as to whether any transfer in .....

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Feb 19 1981 (HC)

Union of India (Uoi) and anr. Vs. Chinoy Chablani and Co.

Court : Kolkata

Decided on : Feb-19-1981

Reported in : AIR1982Cal365

..... suit. the petitioner in the further alternative prayed for stay of the suit.2. the point involved in this appeal relates to the interpretation of section 230(3) of the contract act, 1872. the appellant no. 1 and the food corporation of india, the appellant no. 2 filed the suit against the respondents who were carrying on business, inter alia, as steamer agents ..... or any of them. neither is there any possibility of two interpretations in the section, it may be pertinent in this context to refer to two other sections of the contract act, namely, section 233 and section 234. section 233 provides that in cases where the agent is personally liable the party dealing with the agent may hold either the agent or ..... it became liable by reason of the legal fiction created by statute as would appear from the second paragraph of section 230 of the contract act whereby such a contract would be presumed to exist in a case where the principal, though disclosed, could not be sued.8. to appreciate the argument, it would be convenient to set out section ..... 230 of the contract act which runs as follows:--'230. in the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them,such a .....

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Oct 30 1981 (HC)

Subhashchandra Vs. Smt. Narbadabai

Court : Madhya Pradesh

Decided on : Oct-30-1981

Reported in : AIR1982MP236

..... enforceability of which is not the subject of any positive enactment, may yet be unenforceable by virtue of operation of rules of public policy. section 23 of the indian contract act, 1872 expressly enacts that the consideration for the object of an agreement is lawful unless......... it involves or implies injury to the person or property of another; or the court regards ..... in the document (ex. p/5) is not enforceable for the reason that its consideration was immoral and was hit by section 23 of the contract act. elaborating this argument, learned counsel submitted that the cohabitation of narbadabai with kishan-lal amounted to an offence as at that time her husband was living and therefore, such cohabitation ..... public policy is that no court will lend its aid to a man who founds his cause of action upon an immoral or illegal act, and a guilty party cannot be permitted to bring an action upon a contract or to enforce it.'5. where, however, a man and a woman live and cohabit together although not lawfully married to each other ..... upon any text or rule of hindu law whether before or after the hindu adoptions and maintenance act but is based upon a contract, which i have held to be enforceable, the provisions contained in section 4 read with sections 21 and 22 of the act will not bar the enforcement of the right created under the agreement (ex. p/5) against the .....

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Mar 23 1981 (HC)

Anant Mahadeo Godbole Vs. Achut Ganesh Godbole and ors.

Court : Mumbai

Decided on : Mar-23-1981

Reported in : AIR1981Bom357; 1981MhLJ640

..... to say that the explanation, which is added to rule 3, provides that an agreement or a compromise which is void or voidable under the indian contract act, 1872, shall not be deemed to be lawful within the meaning of this rule. in other words, agreements or compromises should be free from the challenges ..... ) to contest the decree on the ground that the compromise should not have been recorded. all the grounds, including the one available under the indian contract act, to avoid an agreement which is the basis of the compromise could, therefore, be the subject-matter of appeal. thus, the revision of the code ..... the explanation adds a clarification again because of the earlier conflict as to whether voidable agreements within the meaning of section 19a of the indian contract act were or were not excluded from the operation of rule 3 itself. the explanation and the amendments introduced in rule 3 are self-contained and ..... on the ground that they are void or voidable under the provisions of the indian contract act. the explanation so enacted has a purpose to make it clear that it is only lawful agreements or compromises that can be the basis of ..... not lawful' used in rule 3a have a reference only to the cases which may presumably fall within the contemplation of section 23 of the indian contract act. in other words, if the cause of action alleged covers cases which ace treated as not lawful by section 23, then and then only the .....

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Apr 18 1981 (HC)

Dhanbhagvati and anr. Vs. Mandsaur Electric Supply Co. Ltd., Mandsaur

Court : Madhya Pradesh

Decided on : Apr-18-1981

Reported in : AIR1981MP259

..... right to claim performance rests, as between him and them, with them during their joint lives. this is what section 45 of the indian contract act, 1872, inter alia provides. accordingly, in absence of a contract expressing the contrary intention, the promise made by the defendant company in respect of payment of rent could not be enforced by one of the promises, i ..... government or from an assignee of the proprietary rights and who is, or but for a contract would be liable to pay rent for his holding; but does not include :-- (i) a concessional bolder as defined in sub-clause (x); (ii) a bolder of a ..... mutafarrikat, sharah muyyana and sakitulmilkiyat tenants.' the term 'tenant' has been defined by section 54 (xviii) of the tenancy act, thus :'section 54. definitions.-- in this part, unlessthere be something repugnant in the subject or context :-- (xviii) tenant means a person who holds land for agricultural purposes, from the ..... has been or whose predecessor-in-interest had been lawfully recorded in respect of his holding as a 'ryot pattedar', 'mamuli maurusi', 'gair maurusi', and 'pukhta maurusi' when this act comes into force or who may in future be duly recognised as such by a competent authority. explanation-- the term 'pukhta maurusi' includes tstmurardar tenants, malikana haqholder tenants, hakkiyal .....

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Apr 09 1981 (HC)

Sushila Bhiku Shinde Vs. Sulochana Baburao Bhoj

Court : Mumbai

Decided on : Apr-09-1981

Reported in : (1981)83BOMLR267; 1982MhLJ598

..... of consideration being unlawful on any ground, either of public ethics or of law.13. a mere reference to section 23 of the indian contract act, 1872 by the court without pleading and without issue can hardly subserve the basic rule that parties are free to choose their own case and seek to ..... or carnal purposes opposed to ethics and, as such, public policy. the terms 'as immoral, or opposed to public policy' in section 23 of the indian contract act are of restrictive nature. immorality contemplated has reference to sexual immorality and not to general deviations of any or all types. (see gherulal parekh v. mahadeodas : ..... of inferences. surely, before the consideration or object of an agreement is declared unlawful or void under this section, viz., section 23 of the indian contract act, the necessary data in that regard will have to be available, beginning with the plea in that regard. it is only in exceptional cases, ..... prove it. in the very nature of things, section 23 of the indian contract act is not a mere matter of law, but before its terms are applied, it operates upon several factual considerations, including the factum of consideration ..... the facts and circumstances of the present case so as to hold the gift as, void because of the provisions of section 23 of the indian contract act, particularly when, admittedly, there was no plea nor any specific issue on that aspect. no doubt, a general issue is framed as to whether .....

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Feb 24 1981 (HC)

Pilkhani Distillery and Chemical Works, Pilkhani (N. Rly.) Vs. Lt. Gov ...

Court : Delhi

Decided on : Feb-24-1981

Reported in : ILR1982Delhi868

..... . in my opinion the argument proceeds on the erroneous assumption that the rights between the parties are governed by contract. section 74 of the indian contract act, 1872 applies only to cases where the aggrieved party is seeking to receive the amount on breach of contract. the penalty in this case is being imposed in exercise of statutory power. penalty under rule 21 is specified ..... court in 'ram rattan gupta vs. state of m. p.', reported as : air1974mp101 came to the conclusion that on acceptance of highest hid a concluded contract comes into existence under the madhya pradesh excise act. such a contract is in exercise of statutory power and not in exercise of executive power and article 299 is not attracted. a division bench of the patna ..... be enforced in accordance with statutory provisions and that for the recovery under section 28 of kerala abkari act, it is not a condition precedent to recovery of amount due and recoverable that it should be under a formally ]drawn up and executed contract. it was ruled : 'inmadhavan's case k. k. mathew, j. repelled the contention that the execution of an ..... state government, in exercise of the powers under section 22 of the act, i grants the exclusive privilege to any person on certain conditions under section 22(1) and a license is received by that person under section 22(2). it cannot be contended that it amounts to a contract made in exercise of the executive power of the state government within .....

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Jan 23 1981 (HC)

State of Rajasthan and anr. Vs. Gulam Ahmed

Court : Rajasthan

Decided on : Jan-23-1981

Reported in : 1981WLN(UC)518

..... coverants by any bond or instrument that he or that he and his servants and agents, will abstain from any act, the whole sum mentioned in conditions there of may, not with standing anything in section 74 of the indian contract act, 1872, be recovered from him in case of such breach as if it were an arrear of land revenue. 7. it is ..... evident that under certain conditions, the sum due against a person can be recovered as arrears of land revenue by virtue of section 85 of the rajasthan forest act. but, the essential condition for ..... caused to the lots but for this alleged damage no fixed penalty or amount has been named in the contract. therefore, any damages for the alleged breach of the contract can not be recovered as arrears of land revenue. section 85 of the forest act is very specific. any sum named in bond or instrument as the amount to be paid incase of ..... not show that these rules were framed under the rule making power of the rajasthan forest act. therefore, in my opinion, these rules could at best be the part of the written contract between the parties. rule 30 of these rules provides that after the work of contract has been finished, the contractor would submit written resignation and until it has been accepted .....

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