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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1986 Page 1 of about 1,424 results (0.241 seconds)

Apr 06 1986 (SC)

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Decided on : Apr-06-1986

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)

..... that clause (1) of rule 9 of the 'service, discipline & appeal rules - 1979' of the central inland water transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the ..... by mutuality inasmuch as it conferred an equal right upon both parties to terminate the contract of employment, that the grounds which render an agreement void and unenforceable are set out in the indian contract act, 1872 (act no. ix of 1872), that unconsionability was not mentioned in the indian contract act as one of the grounds which invalidates an agreement, that the power conferred by rule ..... adjudged void. while the law of contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act which can apply is section 23 when ..... ' within the meaning of article 12 of the constitution? 2) whether an unconscionable term in a contract of employment is void under section 23 of the indian contract act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment entered into with a government company, is also void as infringing article 14 of the .....

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Sep 09 1986 (HC)

Chhotey Lal Gupta (Deceased by L.Rs.) Vs. Union of India (Uoi)

Court : Allahabad

Decided on : Sep-09-1986

Reported in : AIR1987All329

..... ., 1966 the divisional superintendent, lucknow, had sought to impose new conditions, it has to be seen as to what is the legal effect of the same. section 7 of the contract act 1872 provides that in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. if this is not done and certain new conditions are added or ..... 26th sept 1966 the divisional superintendent, lucknow, wrote to the plaintiff to provide basic labour amenities, qualified blaster and qualified manager as required under the mines act in the quarry during the currency of the contract. in paragraph 2 of the said letter it was further stated that in case the plaintiff was agreeable for the above, he is requested to attend ..... tender itself which are as follows : -- ' 17. the contractor shall be responsible to comply with the instructions and provisions of all the acts in force at the time of execution of the contract and passed during the currency of the contract. 18. the contractor shall at the times keep the railway administration indemnified against all penalties that may be imposed by the government ..... provide a qualified blaster and qualified manager as required under the mines act 1952 in the quarry during the currency of the contract. the condition mentioned above nowhere makes reference of such a provision in the terms of the contract. in my opinion a bare perusal of the terms of the contract, as stated above, will show that the said conditions do not lay .....

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Sep 10 1986 (HC)

Dr. P. Chattopadhyay Vs. the Institute of Cost and Works Accountants o ...

Court : Kolkata

Decided on : Sep-10-1986

Reported in : (1987)0CALLT179(HC)

..... , clause 9(1) of the service discipline and apple rules, 1979 of the central inland water transport corporation limited has been held to be void under section 23 of the contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the ..... given, by observing that rule 9(1) of the service, discipline and appeals rules, 1979 of the central inland transport corporation limited was void under section 25 of the indian contract act, 1872 as being opposed to public policy and so also ultra vires article 14 of the constitution of india to the extent that the same confers upon the corporation the right ..... in a contract of employment entered into with a government company, is also void, as infringing article 14 of the ..... officers and whether a government company as defined in section 617 of the companies act, 1956, is the 'the state' within the meaning of article 12 of the constitution of india and whether an unconsciable term in a contract of employment is void under section 23 of the indian contract act, 1872, as being opposed to public policy and when such a term is contained .....

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Oct 17 1986 (HC)

Life Insurance Corporation of India Vs. Devendrappa Bujjappa Kadabi an ...

Court : Karnataka

Decided on : Oct-17-1986

Reported in : [1990]69CompCas404(Kar)

..... interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the indian contract act, 1872 or (3) to a person legally disqualified to be a transferee.' 19. thus, section 6 of the transfer of property act, which deals with the topic of 'what may be transferred' provides that no transfer can be made for an unlawful ..... consideration and object of an agreement. the provision of the indian contract act do not, as a matter of course apply to transfer of property. section 4 of the transfer of property act provides thus : '4. the chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1872. and section 54, paragraphs, 2,3,59,107 and 123 ..... shall be read as supplemental to the indian registration act, 1908.' 18. from the aforesaid provisions contained in section 4 ..... of the transfer of property act, it is clear that all the provisions of the indian contract act are not made applicable to transfer of immovable properties .....

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Oct 17 1986 (HC)

Life Insurance Corporation of India Vs. Devendrappa Bujjappa Kadabi an ...

Court : Karnataka

Decided on : Oct-17-1986

Reported in : AIR1987Kant129; ILR1986KAR3759

..... the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the indian contract act, 1872, or (3) to a person legally disqualified to be transferee.'thus, s. 6 of the transfer of property act, which deals with the topic of 'what may be transferred' provides that no transfer can be made for an unlawful object ..... with consideration and object of an agreement. the provisions of the' contract act, do not, as a matter of course, apply to transfer of property. section 4 of the transfer of property act, provides thus:'4. the chapters and sections of the act which relates to contracts shall be taken as part of the indian contract act, 1872. and sections 54, paragraphs 2 and 3, 59, 107 and ..... 123 shall be read as supplemental to the indian registration act, 1908.'from the aforesaid provisions contained in sec. 4 of ..... the transfer of property, act, it is clear' that all -the provisions of the indian contract act, are not made applicable to. transfer of immovable .....

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Feb 27 1986 (HC)

S.M. Murray Vs. Fenner (India) Ltd.

Court : Delhi

Decided on : Feb-27-1986

Reported in : AIR1986Delhi427; 1986(11)DRJ12

..... did provide car and housing facility to the plaintiff including reimbursement of fuel consumed. the housing accommodation which was provided to the plaintiff was furnished.'(18) section 73 of the contract act 1872 deals with compensation for loss or damage caused by breach of contract. the relevant portion of the section reads as under : '73.compensation for loss or damage caused by breach of ..... would be well within his knowledge and that, thereforee, the burden of proving those facts would be on the plaintiff. with reference to the explanationn to s. 73 of the contract act, the court held that what the explanationn enacted was not in the nature of an independent rule or duty but was merely a factor to be taken into account in ..... that giving to the plaintiff full salary for whole of the unexpired period was not something contemplated in section 73 of the contract act, particularly the explanationn thereto. that may not be the universal rule in the case of a service contract. one has to see the period of the employment, the nature of the job, the availability of suitable job immediately or ..... of onus as regards mitigation of damages, mr. c. trivikrama rao referred to certain standard works on the law of contract. i need not refer to these because, in my view, the provisions of the explanationn to section 73 of the contract act are quite explicit and i am more inclined to follow the judgment of the bombay high court, referred to above .....

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Aug 28 1986 (HC)

Bank of India, Bombay Vs. Yogeshwar Kant Wadhera and ors.

Court : Punjab and Haryana

Decided on : Aug-28-1986

Reported in : AIR1987P& H176

..... delivery of goods is not made over to the creditor, then, how far the sureties can escape liability by invoking s. 141 of the contract act, 1872, which reads, 'a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the ..... has exhausted his remedies against the principal. there is no gainsaying that in this case, the supreme court was not addressing itself to s. 141 of the contract act, but still on the general principles relating to the surety, coupled with the fact that in case of hypothecation, the possession over the security, i. e., ..... is not given to the creditor as is the case with the hypothecation, the surety was not entitled to claim the protection of s. 141 of the contract act.8. as in hypothecation, the possession of the goods hypothecated is with the borrower, it will be wrong to say that the goods are in the ..... the consent of the surety parts with the security, the surety is discharged to the extent of the security lost as provided under section 141 of the contract act. the two judgments of the supreme court in kaluram's case (supra) and amrit lal goverdhan lalan's case (supra) were noticed by the andhra ..... to us, are entitled to great weight. that being so, a surety in the case of hypothecation is not entitled to invoke s. 141 of the contract act for his benefit. under the said section if the creditor loses, or without the consent of the surety, parts with the security pledged, the surety is discharged .....

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Apr 10 1986 (SC)

Commissioner of Sales Tax, U.P. Vs. Auriaya Chamber of Commerce, Allah ...

Court : Supreme Court of India

Decided on : Apr-10-1986

Reported in : AIR1986SC1556; 1986(25)ELT687(SC); [1987]167ITR458(SC); 1986(1)SCALE1068; (1986)3SCC50; [1986]2SCR430; [1986]62STC327(SC)

..... by the taxing authority of the dues from the seller as well as from the assessee is recognised in the scheme of the act.23. section 72 of the indian contract act, 1872 recognised that a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return ..... it. in this case it is not disputed that mistake of law is also a mistake covered by the provisions of section 72 of the indian contract act. if ..... ltd. (1965) 16 stc 689 this court reiterated that money paid under a mistake of law comes within 'mistake' in section 72 of the indian contract act, and there was no question of estoppel when the mistake of law was common to both the assessee and the taxing authority. where the assessee did ..... 10 stc 572. whether, in these cases in which refund was claimed on the principle of section 72 of the indian contract act the period of limitation under article 96 of the limitation act could' be taken into consideration by the sales tax authorities in refusing to allow refund?3. whether under the circumstances of ..... was also under a mistake. therefore such sum should be refunded. this is recognised in the provisions of the act as we have noted before. the principle of section 72 of the indian contract act has been recognised.24. this was the view expressed by pathak, j. on this aspect. we are in .....

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May 27 1986 (HC)

Raksha Rani Vs. Ram Lal

Court : Punjab and Haryana

Decided on : May-27-1986

Reported in : AIR1987P& H60

..... deciding the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment. explanation.--an agreement or compromise which is void or voidable under the contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule.' in the instant case we comprehend no violation of the requirements of this provision of law ..... the parties make statements before the court in writing and sign the same. such signed statements are covered by the definition of 'document' given in s. 3 of the evidence act. therein 'document' has been defined as under:' 'document' means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of ..... appeal may be converted into a revision. this prayer seems utterly futile because the trial court did not exceed its jurisdiction in passing the consent decree nor in any manner acted in the exercise of its jurisdiction illegally or with material irregularity. order xxiii, r. 3 of the code, which reads as under, deals with compromise of suits:'3. compromise of .....

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Feb 14 1986 (SC)

State Bank of India Vs. Saksaria Sugar Mills Ltd. and ors.

Court : Supreme Court of India

Decided on : Feb-14-1986

Reported in : AIR1986SC868; 1986(2)ARBLR14(SC); (1986)1CompLJ297(SC); 1986(1)SCALE244; (1986)2SCC145; [1986]1SCR290; 1986(1)LC742(SC)

..... the person owning is a party, any proceeding against the guarantor would remain unaffected by the issuance of such a notification. under section 128 of the indian contract act, 1872, save as provided in the contract, the liability of the surety is co-extensive with that of the principal debtor. the sureties thus became liable to pay the entire amount. their liability was ..... suspended or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date shall remain suspended. the act does not provide that on a sugar undertaking being notified, automatically all the contracts, assurances of property or agreements etc. entered into by such sugar undertaking would become unenforceable. it states that only those ..... stage which had been reached when the proceedings became stayed.4. clause (b) of section 7(1) of the act which is extracted above empowers the central government to issue a notification declaring that the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force (to which a notified ..... immediate and it was not deferred until the creditor exhausted his remedies against the principal debtor. the act does not say that when a notification is issued under .....

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