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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1987 Page 1 of about 1,559 results (0.118 seconds)

Mar 04 1987 (HC)

Km. Indu Mehta Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Mar-04-1987

Reported in : AIR1987All309

..... , according to us, it is not, the payment made under any mistake or coercion, the same would have been liable to be recovered under section 72 of the indian contract act, 1872. the impugned recovery of the alleged excess payment of rs. 5,056/-sought to be effected against the petitioner is, obviously, unjustified and invalid.22. the impugned recovery from ..... holder of the office of the said post. here another equally settled equitable principle 'restitution and prevention of unjust enrichment' and the provisions of s. 70 of the indian contract act, 1872 incorporating the said principle, would step in to assist the petitioner to support her claim for the fees for the services rendered by her as assistant district government counsel ( ..... the. period between 1st feb., 1983 and 30th april, 1985. in view of the well settled equitable principle 'quantum merit' and the provisions of section 65 of the indian contract act, 1872 which embody the said equitable principle.19. rationally, it cannot be held that in rendering her services to the government of uttar pradesh as assistant district government counsel (criminal), ..... of the office of assistant district government counsel (criminal). as a matter of fact when the petitioner accepted the request and acting upon it rendered her services as assistant district government counsel (criminal), kanpur dehat, an implied contract imposing upon the state of uttar pradesh an obligation to pay to her the remuneration for the service rendered by her as .....

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Mar 11 1987 (HC)

T.K. Sundaram Vs. the Cooperative Sugars Ltd.

Court : Chennai

Decided on : Mar-11-1987

Reported in : AIR1988Mad167

..... contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation byway of penalty, the party ..... suit is not maintainable in view of the provisions contained in kerala cooperative societies act, 1961.5. before considering the questions raised we will do well by examining the relevant provisions of the contract act, 1872, relating to the award of compensation for breach of contract. sec. 74 of the contract act reads as follows -'when a contract has been broken, if a sum is named in the ..... , krishnapurarn 1973 t.l.n.j. 520, where the division bench observed as followed - -'on the other question of liability under bye-law 39 read with s. 74 of the contract act, sec. 74 will have to be read as a whole. it speaks of the grant of reasonable compensation. but the idea of compensation implies losses. the expression 'reasonableness' in s ..... compensation not exceeding the amount so named or, as .the case may be, the penalty stipulated for.'according to the appellant the claim for compensation under s. 74 of the contract .act, the actual damage incurred by the respondent on account of the breach will have to be proved in accordance with law even though the quantum of damage is mentioned in .....

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Oct 21 1987 (HC)

Charan Singh Vs. Security Finance (P) Ltd.

Court : Delhi

Decided on : Oct-21-1987

Reported in : AIR1988Delhi130; 34(1988)DLT18; 1988RLR74

..... namely, bhiku ram. (4) the learned counsel for the appellant has drawn my attention to the provisions of sections 133 to 139 of the indian contract act, 1872, in support of his contention that as soon as any composition has been made by the decree holder with the principal debtor the liability of the ..... the decree from any of the judgment debtors and he may not pursue his remedy against one or the other judgment debtor. the provisions of the contract act, referred to above, apply only where the rights of the parties have not crystalised and merged in a decree 23 of the court. those ..... the principal debtor and the character of the surety change into those of co-judgment debtors. the provisions of sections 133 to 139 of the contract act apply only where no decree has been 21 passed by the court. i may refer to one judgment of the madras high court reported as ..... , the award could be executed against the surety. neither section 10(2), madras debt conciliation act, nor section 134, contract act, operated to effect a valid discharge of the surety's liability under the award. section 134, contract act, was not applicable to a case where the creditor had obtained a decree against both the ..... have application only as long as no decree is passed against the principal debtor and the surety on the basis of the contract. the above provisions of the contract act which govern the rights and liabilities of the creditor, the principal debtor and surety, cease to operate after the rights and liabilities .....

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Jul 06 1987 (HC)

Dhrangadhra Municipality Vs. Dhrangadhra Chemical Works Ltd.

Court : Gujarat

Decided on : Jul-06-1987

Reported in : 1988(35)ELT88(Guj); (1988)1GLR388

..... same. in para 23 of the report, section 72 of the act has been referred to. mukharji j. has considered section 72 of the act and has observed in that connection as under (p. 466) : '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 mi stake covered by the provisions of section 72 of the indian contract act. ..... pradesh v. vyankatlal, : [1985]3scr561 . we cannot distinguish this decision of the supreme court on the ground that specific provisions of section 72 of the contract act have not been referred to therein. in the case of state of madhya pradesh v. vyankatlal : [1985]3scr561 , the supreme court has, in terms, ..... of this court which have, after elaborate consideration of various aspects of the matter, centering round the legal requirements of section 72 of the contract act, have taken the view that unless the concerned plaintiff shows that it has suffered legal injury or prejudice, it cannot, merely on the ground ..... unjustly suffer loss. the law of restitution exists to provide remedies in circumstances of this kind'. it becomes obvious that section 72 of the contract act is ipso facto based on the principle of restitution. so far as the principle of restitution is concerned, the principle of unjust enrichment of .....

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Aug 26 1987 (HC)

Jose Inacio Lourence Vs. Syndicate Bank and Another

Court : Mumbai

Decided on : Aug-26-1987

Reported in : [1989]65CompCas698(Bom)

..... for the principal loanee and the surety against which the surety, jose lourence, appeals.3. mr. alvares, learned counsel for the appellant, relies on sections 139 and 141 of the contract act, 1872, for the proposition, firstly, that the surety is entitled to the benefit of every security which the creditor has against the principal debtor and that if the creditor omits to ..... of the loan being registered in their office. such being the case, the creditor, viz., the bank, has parted with the security within the meaning of section 141 of the contract act and consequently the surety is discharged to the extent of the value of the security. the failure in not registering the charge is also an ..... act which is inconsistent with the rights of the surety within the meaning of section 139 of the contract act and it is obvious that the eventual remedy which the surety may have against krishna naik or the purchaser in andhra pradesh ..... do any act which his duty to the surety requires him to do, the surety is discharged. according to counsel, even though the bank cannot be expected to depute one of its servants .....

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Sep 09 1987 (HC)

M. RamnaraIn Pvt. Ltd. and anr. Vs. the State Trading Corporation of I ...

Court : Mumbai

Decided on : Sep-09-1987

Reported in : AIR1988Bom45; 1988(2)BomCR59

..... return the property back to the mortgagor after the mortgage amount being satisfied. in the case of surety's liability under the contract act, section 141 of the indian contract act, 1872 prescribes that a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the ..... time when the contract of surety ship is entered into, and if the creditor losesor parts with such surety, the surety is discharged to ..... entitled to obtain a decree unless the goods pledged were delivered back. the trial judge rejected the defence by holding that there was no completed contract of pledge as the defendant failed to deliver the goods. the high court disagreed with the finding and set aside the decree. the supreme ..... necessary delegation or representatives of defendant no. 1 and the corporation would proceed to abroad to negotiate and settle details in regard to the contracts in connection with the business or promotion of business and the expenses incurred in respect thereof were to be shared by the parties. clause 13 ..... the drawer can file a suit against the acceptor on the bills being dishonoured under section 32 of the act cannot be accepted. section 32 prescribes that in the absence of a contract to the contrary, the acceptor of the bill is bound to pay the amount at or after maturity and .....

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Oct 21 1987 (HC)

Singh Vs. Security Finance Pvt. Limited

Court : Delhi

Decided on : Oct-21-1987

Reported in : 1988(14)DRJ92

..... namely, bhiku ram.(4) the learned counsel for the appellant has drawn my attention to the provisions of sections 133 to 139 of the indian contract act, 1872, in support of his contention that as soon as any composition has been made by the decree holder with the principal debtor the liability of the ..... the decree from any of the judgment debtors and he may not pursue his remedy against one or the other judgment debtor. the provisions of the contract act, referred to above, apply only where the rights of the parties have not crystalised and merged in a decree of the court. those provisions ..... the principal debtor and the character of the surety change into those of co-judgment debtors. the provisions of sections 133 to 139 of the contract act apply only where no decree has been passed by the court. i may refer to one judgment of the madras high court reported as nellore ..... , the award could be executed against the surety. neither section 10(2), madras debt conciliation act, nor section 134, contract act, operated to effect a valid discharge of the surety's liability under the award. section 134, contract act, was not applicable to a case where the creditor bad obtained a decree against both the ..... have application only as long as no decree is passed against the principal debtor and the surety on the basis of the contract. the above provisions of the contract act which govern the rights and liabilities of the creditor, the principal debtor and surety, cease to operate after the rights and .....

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May 18 1987 (HC)

Punjab National Bank, Delhi and Etc. Vs. Prem Sagar Choudhary and ors.

Court : Himachal Pradesh

Decided on : May-18-1987

Reported in : AIR1988HP33,[1989]66CompCas526(HP)

..... the supreme court in air 1970 sc 161, meghraj v. bayabai had approved the normal rule, based on the conjoint reading of section 60 of the contract act, 1872 and order xxi, rule 1 of the civil p.c. 1908, that any payment made by a judgment debtor was to be applied in the first ..... provisions contained in the amended rule 1 of order xxi relating to decretal amounts, being specific in nature. in other words, section 60 of the contract act will have no application to a debt in respect of which a decree has been procured from a court of law to the extent its satisfaction is ..... of the decretal amount. the words 'any payment', as used, given their natural meaning, do not admit any exception.7. indubitably, section 60 of the contract act continues to remain on the statute book. it does vest a discretion in the creditor to apply the payment made by the debtor, without indicating to which ..... where any payment is made under clause (a) of sub-rule (1), notice of such payment shall be given to the decree-holder.' section 60 of the contract act may also be reproduced here :--'60. where the debtor has omitted to intimate, and there are no other circumstances indicating to which debt the payment is to ..... as to the limitation of suits.'the ratio of meghraj's case (supra) followed scrutiny of the above provisions.4. however, drastic changes were made by the amendment act, 1976 in rule 1 of order xxi which now reads : --'1. modes of paying money under decree : -- (1) all money payable under a decree .....

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Aug 24 1987 (HC)

Sharma Goods Transport Vs. Vidarbha Weavers Central Co-operative Socy. ...

Court : Mumbai

Decided on : Aug-24-1987

Reported in : AIR1988Bom269; 1988(4)BomCR154; 1987MhLJ1002

..... by railway shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the contract act, 1872. this sub-section does not refer to non-delivery of goods. under section 77 of the railways act, a person shall not be entitled to a refund of ..... was non-delivery. this argument ignores the purpose for which section 9 is enacted, which is to absolve the consignor of establishing negligence or criminal act of the carrier, his servants or agents, once the goods are entrusted for carriage. section 10 on the other hand has reference to the condition ..... and both the courts have concurrently held that this notice was given beyond the period of six months as required under section 10 of the carriers act. the argument here was restricted only to the requirement of giving notice. as submitted by shri bhandge, the learned counsel for the appellant, section ..... delivered and the respondent, therefore, filed a suit for compensation. the appellant inter alia contended that a notice as required under section 10 of the carriers act, was necessary. both the courts below found that the appellant did not deliver the goods to the plaintiff, that the goods were worth rs. 5273 ..... in this second appeal is whether it was obligatory on the respondent-original plaintiff to give a notice as required under section 10 of the carriers act, in the event of non-delivery of goods.2. on 18th august 1969 the respondent entrusted three bales of handloom saris to the appellant at .....

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Dec 15 1987 (SC)

Gurpreet Singh Vs. Chatur Bhuj Goel

Court : Supreme Court of India

Decided on : Dec-15-1987

Reported in : AIR1988SC400; JT1987(4)SC665; 1988MHLJ29(SC); (1988)94PLR365; 1987(2)SCALE1338; (1988)1SCC270; [1988]2SCR401

..... court, for reasons to be recorded, thinks fit to grant such adjournment.explanation. an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule.9. according to the grammatical construction, the word 'or' makes ..... rule 3 have given rise to a conflict in the matter of interpretation. one view is that agreements which are voidable under section 19a of the contract act are not excluded. while this stand is taken by the high courts of allahabad, calcutta. madras and kerala, a contrary view has been expressed ..... sukhdev singh would be without prejudice to the rights and contentions of the parties, including the right of the respondent to claim specific performance of the contract, if he was in law otherwise so entitled. pursuant thereto, the appellant's guardian colonel sukhdev singh refunded the amount of rs. 40,000 ..... and the criminal process could not have been employed for the purpose of coercing the appellant's guardian colonel sukhdev singh to specifically perform the contract. it was directed that colonel sukhdev singh should return the earnest money of rs. 40,000 to the respondent on or before october 5, ..... of rs. 40,000 paid by him by way of earnest money, alleging that he was in breach of the contract dated june 4, 1979 entered into between colonel sukhdev singh, acting as guardian of the appellant, then a minor, and the respondent, for the sale of a residential house at 1577 .....

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