Court : Karnataka
Decided on : Nov-06-1992
Reported in : ILR1993KAR201; 1993(1)KarLJ308
..... guarantee. section 124 defines the expression 'contract of indemnity'; section 125 defines 'right of indemnity holder when sued'; section 126 defines the expressions 'contract of guarantee','principal debtor' and 'debtor'; section 127 provides regarding the consideration for ..... viii of the indian contract act? if so, whether such a contract is not hit by section 23 of the indian contract actthese questions under point no. 1 were considered in paras 9, 10, 10.1, 11 and 11.1 of the judgment, therefore, it is necessary to reproduce the same:'9. chapter viii of the indian contract act, 1872, (hereinafter referred to ..... as the 'act') deals with indemnity and ..... this contention, it is contended that the said decision requires to be reconsidered, as it has not taken into consideration the other conditions and also the relevant provisions in the contract act.19. before considering these contentions, we may refer to raju setty's case : air1992kant108 .in raju setty's case, : air1992kant108 the following questions were considered:1) whether, .....Tag this Judgment!
Court : Delhi
Decided on : Apr-20-1992
Reported in : ILR1992Delhi1057
..... submission that at least the contract may be specifically enforced qua 192 sq. ft. of space on the 13th floor, it is repeated simply ..... to be specifically rejected for various reasons. (1) the contract regarding rate of purchase is not certain. (2) it is not ..... way determinable on that account. the contract between the parties was in the nature of a contingent contract which was dependant on the sanction of additional far in favor of the defendant by the appropriate authori-ties. unless that contingency was fulfillled the contract was not capable of specific enforcement as stated in section 31 of the indian contract act, 1872.7. so far as the ..... shape of a separate covered area, but forms part of a bigger hall/restaurant measuring about 1400 sq. ft. specific performance of part of a contract is otherwise barred under section 12 of the specific relief act unless the part to be performed bears a substantial proportion in value and the unperformed portion admits of compensation in money. (4) part performance in .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-03-1992
Reported in : 1993(2)BomCR301
..... taxes, they could not be and were therefore not informed of the antedating being a device to defraud the revenue. section 23 of the indian contract act, 1872, specifies the different categories of unlawfulness affecting the consideration or object of agreements. one such category is where the court regards it as opposed to public ..... consideration of the transaction and not the reasons or motive which prompted it..... certain objects of contract are forbidden or discouraged by law, though all other requisites for the formation ..... the purpose and design which is the object of the contract, if it is opposed to public policy which tends to defeat any provision of law or purpose of law, it becomes unlawful and thereby it is void under section 23 of the contract act. section 23 is concerned only with the object or ..... claims for mean profits or arrears of rent in respect of the property claimed or any part thereof; (b) claims for damages for breach of any contract under which the property or any part thereof is held; and (c) claims in which the relief sought is based on the same cause of action; ..... to the said agreement. plaintiff relies on a statement in the same authority at page 86 which speaks of the stigma of voidness attaching to contracts of a fraudulent nature to defeat the rights of third parties. but it is not as if the entire transaction recorded in ex.j is .....Tag this Judgment!
Court : Delhi
Decided on : Mar-20-1992
Reported in : AIR1993Delhi285; 47(1992)DLT225; 1992RLR299
..... submission that at least the contract may be specifically enforced qua 392 sq. ft. of space on the 13th floor, it is repeated ..... simply to be specifically rejected for various reasons. (1) the contract regarding rate of purchase is not certain. (2) it is not ..... way determinable on that account. the contract between the parties was- in the nature of a contingent contract which was dependant on the sanction of additional far in favor of the defendant by the appropriate authorities. unless that contingency was fulilled the contract was not capable of specific enforcement as stated in section 31 of (he indian contract act, 1872. (7) so far as the ..... the shape of a separate covered area, but forms part of & bigger hall restaurant measuring about 1400 sq. ft. specific performance of part of a contract is otherwise barred under section 12 of the specific relief act unless the part to be performed bears a substantial proportion in value and the unperformed portion admits of compensation in money. (4) part performance in .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-09-1992
Reported in : ILR1992KAR1987; 1992(3)KarLJ1
..... the schedule house on rent by residing in it along with the 1st defendant. an implied agency arises from the act or situation of the parties or from necessity. section 187 of the indian contract act, 1872 also provides that an authority is said to be express when it is given by words spoken or written. an ..... ultimate conclusion reached by the trial court that the 2nd defendant is liable for the suit claim along with the 1st defendant as he had approved the act of the 1st defendant in taking the house on rent is justified. therefore, the ultimate conclusion reached by the trial court that the plaintiff is entitled ..... , the presumption of implied agency arising out of the special relationship of husband and wife can be rebutted by showing that the wife was prohibited to act on behalf of the husband or to attend to the necessities of life or by proving that sufficient allowance had been made to meet the expenditure for ..... then wife of the 2nd defendant - on the principle of agency, the 2nd defendant as the husband of the 1st defendant would be liable for having approved the act of his wife as his agent.6. sri. krishnamurthy - the 2nd defendant - who has filed this appeal appeared in person and argued. he put forth the ..... made in favour of the 1st defendant and he not only resided in the house along with the 1st defendant but also by his conduct approved the act of the 1st defendant and made himself liable for payment of the rent of the premises,5. the trial court has held that even though the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-30-1992
Reported in : 47(1992)DLT461
..... request made by the municipal corporation of delhi, supplies of coal were made, the case has to be decided keeping in view the provisions of section 70 of the indian contract act, 1872 to compensate the supplier for the supply of coal to the municipal corporation of delhi. there is no dispute in this behalf between the parties.(3) after trial, the learned ..... recovery of the balance amount and interest thereon.(2) at the outset it may be noted that in order to have a legal contract with the municipal corporation of delhi there has to be a formal contract, as required by section 203 of the delhi municipal corporation act, 1957 read witht he rules and since in this case without execution of any formal .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-05-1992
Reported in : 1993(2)BomCR154; (1993)95BOMLR391
..... of damages. the supreme court in the union of india v. the west punjab factories ltd., : 1scr580 affirmed the long standing rule embodied in section 73 of the indian contract act, 1872. in so doing it said --'it is well settled that it is the market price at the time of damage occurred which is the measure of damages to be awarded ..... section of the society, but the normal way of measuring damages in such cases. and that takes us to the law on the subject. section 12 of the indian evidence act, 1872, says that in suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded, is relevant. applying ..... a factor militating against the acceptance of the contents of his report. but the subrogee is part of the nationalised insurance undertaking. it is entitled to a presumption of having acted reasonably and honestly. this, coupled with the class of customers-feature to which we have drawn attention, leads us to view the quantum found payable by trial court to be .....Tag this Judgment!
Court : Allahabad
Decided on : May-22-1992
Reported in : AIR1993All143
..... authority of agents are not different for a power of attorney holder, than given in chapter x of the contract act, 1872. who may employ an agent? the answer is given in section 183 of this act: 'any person who is of the age of majority acording to the law to which he is subject, ..... duly proved. the exceptions are the previleged communications. this is the court's power to interrogate. this is prescribed in section 165 of the evidence act, 1872.54. if the lawyer or the litigant refused to participate in inquiries by the court or refuses or expresses inability to respond to the court's inquiries ..... family and all the members of the family have yet to see the court.58. ajit singh panwar is committing an immoral and an unethical act by acting on a power of attorney of a principal whom he knows is mentally unsound, weak, suffers from mental infirmity and has no legal capacity to ..... under order xxxii. when the defendant or the gentleman opposing him chal-lenged his authority, ajit singh panwar ran away. if ajit singh panwar could act on a power of attorney it has exhausted itself with the incapacity of his principal, padmakumari devi. ajit singh panwar stretched his limits beyond the law ..... . this affidavit, alleges that ajit singh panwar instructs mr. p. k. misra, advocate, mr. p. k. misra advocate, or ajit singh panwar who acts on a power of. attorney would not appear before the court when this affidavit was filed.15. these matters now raises serious questions which must be answered before .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-28-1992
Reported in : AIR1992MP318; 1992(0)MPLJ953
..... contract act read as follows :'19. when consent to an agreement is caused by coercion, fraud, or misrepresentation, the agreement is a ..... about the transaction or he will be taken to have acquiesced. the principal may choose, however, to affirm the contract and, if rescission is no longer possible, he must affirm.'similar remedy is provided in section 19 and 10-a of the indian contract act, 1872 because the accountability of the agent is only to his principal. sections 19 and 19-a of the ..... as the law specially declares to be fraudulent.' in the same sequence, what is meant by 'undue influence' may also be mentioned by quoting section 16 of the contract act:'16.(1). a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the ..... entitled to avoid it has received any benefit there under, upon such terms and conditions as to the' court may seem just.''misrepresentation' as defined in section 18 of the contract act includes: 'any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or anyone claiming under him, by misleading another to his prejudice .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-1992
Reported in : 1993ACJ990; AIR1993SC1692; 1993(41)BLJR624; 1992(3)SCALE491; 1993Supp(3)SCC469; Supp3SCR681
..... administration after termination of transit - (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 seven days after the termination of transit:provided ..... the said liability as a bailee.5. sub-section (1) of section 77 of the act states that the railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 ('contract act') for the loss, destruction, damage, deterioration or non-delivery of goods carried by railways if ..... limit the period of the liability of the railways by providing specifically that notwithstanding what is contained in sections 151, 152 and 161 of the contract act, the liability of the railways as a bailee does not extend beyond the period of seven days after the termination of the transit.6. we ..... be responsible for the loss etc. after the expiry of seven days from the termination of the transit of the goods.section 151 of the contract act states that in all cases of bailment, the bailee is bound to take as much care of the goods bailed to him as a man ..... of the same bulk and quality and value as the goods bailed. section 152 provides that 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 described in section 151 .....Tag this Judgment!