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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1993 Page 1 of about 3,151 results (0.131 seconds)

May 20 1993 (HC)

Nutan Kumar and Others Vs. Iind Additional District Judge, Banda and O ...

Court : Allahabad

Decided on : May-20-1993

Reported in : AIR1994All298

..... relating to all agreements constituting subsratum of a valid contract are subject to and governting by the indian contract act, 1872, hereinafter called the contract act.3. clauses (h) and (g) of section 2 of the contract act declare that all agreement which are enforceable by law are contracts and those which are not enforceable by law are ..... alia, that no transfer can be for an unlawful object or consideration within the meaning of s. 23 of the indian contract act, 1872.61. while the term 'consideration' .has been defined in s. 2 as aforesaid, the word 'object' though not defined in the ..... would not be hit by s. 23 of the indian contract act, 1872. he urged that the lease created in contravention of s. 11 of the act, does not in any manner, operate as an obstacle in the working of the act inasmuch as the occupation of the lessee being unauthorised in law ..... void.4. essential components of a valid contract are provided in section 10 of the contact act. these ..... 13 of the constitution, 'law' includes an order having force of law. but that definition is for purposes of article 13 only, indian contract act is act no. ix of 1872. that was long before the constitution of india, was drafted. the definition of 'law' contained in art. 13 of the constitution can .....

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Jul 26 1993 (HC)

Govind NaraIn and Brothers Vs. Union of India

Court : Delhi

Decided on : Jul-26-1993

Reported in : 1993(27)DRJ134

..... is clearly proved that the plaintiff had withdrawn their tender before its acceptance by the defendant and there was no concluded contract in terms of section 4 of the indian contract act, 1872. in support of his contention the learned counsel placed reliance on a judgment of allahabad high court reported in the ..... had always been to the extent of rs.20.00 lacs but by making a huge claim coupled-with withholding of the payment against other contracts, the defendant prevented the plaintiff from carrying on the business with the government and in consequence the turn over of the plaintiff in its ..... offer is without any merit. revision of price is totally a new condition and unless the revised price is accepted by the defendant, no valid contract comes into existance. (14) in view of the above discussion i hold that the plaintiff firm had withdrawn their tender before its acceptance by ..... damages, if any, is the plaintiff entitled? plaintiff entitled to relief of injunction against the defendant? case there was a concluded contract between the parties, did defendant cancel the same during the period it was in operation? 7.if preceding issue is proved, was the cancellation valid? ..... the defendant in its written statement has controverter the allegations made in the plaint and it has been stated in the written statement that the contract between the plaintiff and the defendant was complete on 23.10.1980 itself when the advance acceptance of the tender was issued by the defendant .....

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May 07 1993 (HC)

H.P. Financial Corporation Vs. Parveen Kumar and anr.

Court : Himachal Pradesh

Decided on : May-07-1993

Reported in : AIR1994HP120

..... in a way that the plaintiff in this way is entitled to charge compound interest. it is true that explanation to section 74 of the contract act, 1872, entitles the creditor to enter into a stipulation for the increased interest from the date of default, it can be treated as stipulation by ..... . section 74 of the contract act deals with the compensation for breach of contract where penalty is stipulated for. this section lays down as under:--'74. compensation for breach of contract where penalty stipulated for. -- when a contract has been broken, if a sum is named in the contract as the amount to be ..... way of penalty but it has to be considered as compensation for breach of contract, whether such like compensation for the breach by way of penalty stipulated for over and above the compound interest being charged by the plaintiff ..... is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract, reasonable compensation not exceeding the amount so named, as the case may be, the penalty stipulated for.explanation. -- a stipulation for increased interest ..... any such instrument, to pay the whole sum mentioned therein.explanation. -- a person who enters into a contract with government does not necessarily thereby undertake any public duty, or promise to do an act in which the public are interested. illustrations.illustration 'd' thereto is to the following effect:(d) .....

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Nov 11 1993 (HC)

B. Hanumanth Reddy Vs. B. Lakshmamma and ors.

Court : Andhra Pradesh

Decided on : Nov-11-1993

Reported in : 1993(3)ALT708

..... adjusment or satisfaction has been arrived at. explanation to rule 3 of order 23 lays down that an agreement or compromise which is void or viodable under the indian contract act, 1872 (9 of 1872) shall not be deemed to be lawful within the meaning of rule 3. in other words, if an agreement or compromise is to be held to be void or ..... of compromise has to examine whether the compromise was void or voidable under the indian contract act.'sri ramarao, learned counsel for respondents 1 and 2, referred to various decisions of the high courts and contended that the observations of the supreme court in respect of rule ..... respect of validity of the agreement or the compromise more comprehensive, the explanation to the proviso says that an agreement or compromise 'which is void or voidable 'under the indian contract act'.......shall not be deemed to be lawful within the meaning of the said rule. in view of the proviso read with the explanation, a court which had entertained the petition ..... voidable as per the provisions of the indian contract act, such an agreement or compromise shall not be deemed to be lawful and no compromise or adjustment shall be recorded and no .....

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Oct 08 1993 (HC)

Swaran Singh Vs. Harbans Singh and ors.

Court : Punjab and Haryana

Decided on : Oct-08-1993

Reported in : (1993)105PLR539

..... be done was on the execution and registration of sale deeds; (b) in view of the provisions of section 204 of the indian contract act, 1872, which provide that the principal cannot revoke the authority given to his agent after the authority has been partly exercised, so far as regard such ..... have been issued on 19.9.1975, about a month after the cancellation of the power of attorney on 27.8.1975. section 208 of the indian contract act provides that the termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, ..... price, not negotiating for them on equal terms. thus, the plaintiff obtained a measure of unfair advantage over the judgment-debtor by the terms of the contract in that case and, therefore, specific performance was refused. therefore, the above said judgment is also of no avail to the appellant.12. as a sequel ..... had received the balance sale consideration of rs. 5000/- and had also delivered possession of the suit land to the vendees in part performance of the contract.5. simply because the sale deeds were executed by fateh singh after the cancellation of power of attorney ex.pw5/l in his favour (vide document ..... as arise from acts already done in the agency. the appellant could not turn round and cancel the power of attorney executed by him in favour of fateh singh when he had received the sale consideration and delivered possession of the land to the vendees thereby completing the major part of the contract of sale; .....

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Oct 08 1993 (HC)

Government of A.P. and ors. Vs. N.V. Choudary and anr.

Court : Andhra Pradesh

Decided on : Oct-08-1993

Reported in : 1993(3)ALT391

..... agreements, the meaning of which is not certain, or capable of being made certain, are void.'it is reasonably clear from the section that a contract which omits to mention some term explicity does not ..... to (1 supra), that the contract cannot be made certain. we are of the opinion that the clause in the contracts indicating the arbitrators in question can be made certain.15. in this context, it is necessary to refer to section 29 of the indian contract act, 1872 which is as follows:'section 29. ..... and the parties thereafter to formulate their disputes to the arbitrators and seek their reference on those points of differences.21. application of section 29 of the contract act was also the subject matter of consideration by the learned judges of the supreme court in d. gobindram v. shamji k & co. : [1961] ..... ground that it is vague and uncertain and it is the duty of the court to make it certain as contemplated under section 29 of the contract act itself.19. in a decision reported in radha kishan v. sapattar singh : air1957all406 a reference made to the arbitrators stated that there was ..... (1937) mwn 760that an agreement to pay debts advanced to the brother of the party agreeing is not uncertain within the meaning of section 29, contract act. the fact that no time limit is stated nor the amount is fixed will not render the agreement uncertain and vague and, therefore, unenforceable. this .....

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Aug 24 1993 (HC)

M/S. Kothapalli Sreeramulu and Co. and Others Vs. the Krishna Gur and ...

Court : Andhra Pradesh

Decided on : Aug-24-1993

Reported in : AIR1994AP206

..... . if we examine the provisions of the transfer of property act as amended in 1929, we find that s.4 only stipulates that 'the chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1872.' section 54 defines 'sale' and paragraphs 2 and 3 ..... apparently had advantage of the lease and it in possible to go into the merits of the case on the principle underlying s.65, contract act and to ascertain if the plaintiff is entitled to any relief. i do not think the invalidity of the lease prevents the municipal council ..... suit on merely technical grounds when it is possible to grant relief on theprinciple under lying s. 65, contract act and decree the claim as the amount of compensation can be very fairly taken to what the defendant had agreed to pay each month..... after ..... the lease is entitled to have the suit dismissed or whether the municipality is entitled to be granted relief invoking s. 65 of the contract act. the argument was advanced to the effect that having secured the benefit of the lease it would be extremely unjust to dismiss the plaintiffs ..... contemplate that for sale of immoveable property of the value of rs. 100/- and upwards, it should be made by a registered instrument. in other cases, it can be made either by registered instrument or by delivery of property. this section is similar to s. 107 of the t. p. act .....

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Jun 25 1993 (HC)

L. Venkateswara Rao and ors. Vs. Singareni Collieries Company Ltd., Re ...

Court : Andhra Pradesh

Decided on : Jun-25-1993

Reported in : 1993(3)ALT199

..... signature to the agreement without any bargain as otherwise he will not be entrusted with any work.36. under section 16 of the indian contract act, 1872, 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 ..... consideration or object of an agreement is regarded by the court as immoral or opposed to public policy, then such a contract is void under section 23 of the contract act.40. when can parties be said to be not equal in bargaining power?41. this question has been discussed at ..... the company to a contractor subject to the terms and conditions agreed to, between the parties. thus, the agreements entered into are purely commercial contracts between two businessmen. in the case of such a commercial transaction, the question of unequal bargaining power between the parties will not be attracted ..... contractors was that they were not lessess within the meaning of mines and minerals (regulation and development) act, 1957 and the karnataka minor mineral concession rules, 1969 and therefore notwithstanding the contract entered into between them and the state government, they are not liable to pay the royalty charges ..... collected by virtue of the terms and conditions incorporated in a contract entered into between the parties. apart from that, the respondent company is not acting as an agent of the state government to collect seigniorage fee. it is acting in its own interest to avoid payment of penalty at five .....

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Nov 08 1993 (HC)

Sham Singh Vs. Waryam Singh

Court : Punjab and Haryana

Decided on : Nov-08-1993

Reported in : (1994)107PLR93

..... the plaintiff mainly on the ground that the agreement executed between the parties was vague and hit by the provisions of section 29 of the indian contract act, 1872 (for short the 'act') which could not be enforced. in appeal, the finding of the trial court on issue no. 3 was set aside by holding that ..... matter of the agreement which was subsequently sought to be enforced through the court of law by way of a suit for specific performance of the contract. the judgements relied upon by the learned counsel for the appellant does not in any way support his case on facts. the learned single judge has ..... capable to be interpreted in any other manner than the one clearly understood by the parties. where reasonable meaning can be gathered from the agreement, the contract cannot be declared to be void for uncertainty, a reference to the agreement is desirable at this stage to decide as to whether the same was ..... is vague illegal and unenforceable?4. whether the plaintiff has been always ready and willing to perform his part of the contract?5. whether the defendant has committed the breach of the contract?6. relief.'2. the parties entered upon the evidence and trial court vide its judgment and decree dated 28.8.1974 ..... ali khan, (1983-1) l.l.r. 95 and phuljhari devi v. mithai lal, a.i.r. 1971 allahabad 494.5. section 29 of the act provides that agreements the meaning of which is not certain, or capable of being made certain, are void. this section contemplates that the meaning of the agreement .....

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Jan 08 1993 (HC)

Kadamba Sugar Industries Pvt. Ltd. and Others Vs. Devru Ganapathi Hedg ...

Court : Karnataka

Decided on : Jan-08-1993

Reported in : AIR1993Kant288; ILR1993KAR679; 1993(1)KarLJ285

..... necessary to point out that the concept of subrogation can also be culled out from the provisions of s. 140 of the indian contract act, 1872. section 140 of the indian contract act reads as under:'rights of surety on payment or performance -- where a guaranteed debt has become due, or default of the principal ..... the principal debtor.39. it is necessary to notice here that the legislature in its wisdom has employed the term 'invest' in s. 140 of the contract act. the high court of bombay in coorla spinning and weaving mills company, ltd. v. vallabhadas kallianji, air 1925 bom 547 has, among other things, held ..... in law that he is entitled to the benefits of the securities although he is not aware of their existence. under s. 140 of the indian contract act, when a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surely, upon ..... stage. i have made a brief reference to section 69 of the indian contract act since the same, according to me, will have some bearing while dealing with the right of subrogation. at this juncture only, it is necessary to ..... decision in sushil v. ram, air 1982 129 pressed into service by sri tarakaram, learned counsel for the respondents that section 69 of the indian contract act confers a personal right, whereas the right of subrogation involves equitable charge on the property. it is not necessary to dilate on that respect at this .....

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