Court : Supreme Court of India
Decided on : Sep-08-1998
Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; Supp1SCR485
..... such an inconsistent contract should not be inconsistent with the provisions of the indian contract act. thus in absence of any contrary provision in the contract, section 108 will operate on its own. if there is ..... prevail. but if any contrary provision is mentioned in the contract qua such rights and liabilities then because of section 4 of the property act such a contrary provision in the contract will get saved on the combined operation of section 4 of the property act and section 1 of the indian contract act, 1872. but that would also be subject to the rider that ..... contained shall affect the provisions of any statute, act or regulation not hereby expressly ..... that it is subject to the contract or local usage to the contrary and that section 4 of the property act lays down that chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1972. our attention, in this connection, also was invited to section 1 of the indian contract act, 1872 which provides that :'nothing herein .....Tag this Judgment!
Court : Kerala
Decided on : Aug-28-1998
Reported in : AIR1999Ker72
..... have a peep into the sanctity of bank guarantees in commercial transactions. section 126 of the indian contract act, 1872 defines 'contract of guarantee' as a contract to perform the promise, or discharge the liability, of a third person in case of his default. the contract of guarantee is a trilateral contract, that is to say three persons, surety, principal debtor and creditor are involved. generally speaking ..... injunction is to restrain the bank from performing the bank guarantee which cannot be done whereas the respondent could sue the appellant for damages.20. section 17 of the indian contract act defines 'fraud'. it is a comprehensive term and embraces large number of delinquencies. a person who alleges fraud must give particulars thereof in his pleadings. it must be established ..... supreme court in new india assurance company ltd. v. kusumanchi kameshwara rao and another (1997) 9 scc 179 held that as per sections 91 and 92 of the indian evidence act, 1872 no evidence dehors the terms of the agreement, whether documentary or oral, can be led by the parties to get out of the express terms thereof. it further held :'whether ..... against dues to greater cochin development authority/hscl if any.14. it is no doubt true that the terms and conditions of the contract do not specifically refer to the payment of contribution under the welfare fund act. that does hot mean the whole transaction is vitiated for exercise of fraud. whether such payment falls under any general provisions of the .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-03-1998
Reported in : 1998(4)AWC715
..... of contract. --when a contract has been broken, the party who suffers by such breach is entitled to receive from the party who has broken the ..... the case, and that some compensation for breach of the contract should also be made to the plaintiff it shall award him such compensation accordingly. (4) in determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872.' ' 73. compensation for loss or damage caused by breach ..... of the trial court on the point appears to be correct and there is no ground for interference in this appeal.' 11. section 21 of the specific relief act and section 73 of the contract act, are relevant for determination of the aforesaid question, which are quoted below :'21. power to award compensation in certain cases.--(1) in a suit for specific performance ..... upon the courts below to decree the suit for damages and compensation in view of the provisions of section 21 of the specific relief act read with section 73 of the contract act. the courts below according to him have acted illegally in dismissing the plaintiffs suit for recovery of damages and compensation as well as appeal filed by him.7. on the other .....Tag this Judgment!
Court : Delhi
Decided on : Apr-01-1998
Reported in : 1998IVAD(Delhi)57; 1998(46)DRJ7
..... despite repeated requests made on behalf of the plaintiffs.21. the question now arises as to what relief the plaintiffs are entitled to in law. section 160 of the indian contract act, 1872 deals with the return of goods in such a situation and the same reads as follows:'160. return of goods bailed, on expiration of time or accomplishment of purpose.- it ..... 9, 1987.'10. the suit having been filed on january 29, 1988 is, accordingly, held to be within time in view of the provisions of article 11 of the limitation act, 1963. issue no.2 is, thereforee, decided in favor of the plaintiffs.11. issue no.4 the plaintiffs have stated in the plaint that plaintiff no.1 has been carrying .....Tag this Judgment!
Court : Chennai
Decided on : Jul-28-1998
Reported in : 100CompCas257(Mad); 1998(2)CTC518
..... be decided whether the person who utilises the amount is bound to repay the same with interest, in view of section 72 of the indian contract act, 1872 and whether a constructive trust can arise over a wide variety of situations. a similar question of mistaken credit in the account of a person ..... . the next aspect to be considered is, whether the debts recovery tribunal is empowered to deal with contentitious, issues alleged to be based on contracts other than those relating to advance of moneys by banks or financial institution preferably, for the money advanced by the banks and requires liability to ..... the word debt is of large import, including not only debts of record or judgment, and debts by speciality, but also obligations arising under simple contract, to a very wide extent, and in its popular sense includes all that is due to a man under any form of obligation of promise. ..... the terms relating to the units and the transfer thereof by the appellant to the respondent no.2. this is an issue relating to the contract between the parties and not related to any debt due by the appellant to the respondent no.1. lastly, he contended that whether the dividend ..... tribunal has no jurisdiction.11. the learned judge while declining to accept the contention of respondent no.l touching jurisdiction, has observed that the act has been provided for the establishment of tribunal for expeditious adjudication and recovery of debts due to banks and financial institution and for matters connected .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-22-1998
Reported in : (1998)2CALLT215(HC)
..... . r.m.d. chambarbauwals and another (supra) reported in : 1scr874 .17. he has further contended that even section 30 of the indian contract act, 1872 provides that agreements by way of wager void but then it does not render unlawful a contribution made or entered into for or towards any bet price or ..... sin could be protected and allowed to be perpetrated.b) it seems that while enacting the said provisions in the west bengal act, blindly the provisions in section 30 of the contract act, 1872, a piece of legislation during the british rule has been followed.c) if there is no sanction under the constitution of ..... an illegality otherwise was sought to be saved to the extent the same was connected with horse racing, by the indian contract act of 1872 (2nd paragraph of section 30 of the act).d) it may be made clear that even though betting and gambling on horse race has been saved by the aforesaid legislation ..... any, purporting to sanction, authorise or to give premium to a legislation like the one in section 30 of the indian contract act in so far as the same sanction a wagering contract in connection with horse racing.23. a question has been raised namely what is our constitutional scheme, the constitutional law and ..... or money to be awarded to the winner or winners of any lawful game, sport pastime or exercise.'section i of the gaming act. 1892:'promises to repay sums paid under contracts void by 8 & 9 vict. c. 109 to be null and void-any promise, express or implied, to pay any person .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-12-1998
Reported in : 1998(2)ALD816; 1998(2)ALT803
..... a suit for specific performance, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872. section 73 of the contract act deals with compensation for loss or damage caused by breach of contract. section 23 of specific relief act, 1963 deals with power of the court to grant specific relief including refund of earnest money. accordingly, when a ..... contract is broken, the party who suffers for such breach, is entitled to receive compensation for any loss or damage which ..... no means an absolute right, but one which rests entirely on the judicial discretion exercised with reference to facts of each case. generally liquidated damages are fixed in the contract more for securing performance. section 10(a) of the specific relief act indicates that when there exists no standard for ascertaining actual damages in case of non-performance of the ..... act agreed to be done, specific performance should be enforced. of course an explanation added to that section says that in case of breach of contract to transfer immoveable properly, it cannot be adequately relieved by compensation. section 20 deals with discretion of .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-19-1998
Reported in : 1999(2)AWC1069
..... the alternative, it was averred by the petitioner that even if he was appointed on contract basis, then also it was unconscionable and against public policy and was hit by section 23 of the indian contract act, 1872. petitioner averred that on 1.6.1988, the regional manager had informed him that according ..... to the contract he was to be paid rs. 150 per month, and later on rs. 390 per month provided he signed another contract on judicial stamp, and he was ..... it is not the case of the petitioner-respondent that he was engaged through any agency or contractor. therefore, section 10 of the labour contract act or annexure-ca-6 to the special appeal would not be applicable.14. admittedly, the petitioner-respondent was engaged by the appellants for ..... ).12. learned counsel for the respondent has submitted that in view of the provisions contained under section 10 of the labour contract act. the appellant could not employ labour on contract and in that connection, he has placed reliance upon annexure-ca-6 to the counter-affidavit filed in appeal which is ..... paragraph to the circular and the offices in which labour is engaged for sweeping, cleaning, dusting and watching of the buildings, all such existing contract labour (engaged through a contractor or agency) must be abolished before 31st december, 1990 and they may be replaced by regular employees part-time .....Tag this Judgment!
Court : Kerala
Decided on : Jan-27-1998
Reported in : AIR1998Ker161
..... state bank of india v. saksaria sugar mills ltd., air 1986 sc 868 : (1986 all lj 621). supreme court held that 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 immediate ..... some liability of the principal debtor to the creditor. the assumption of personal liability to answer is an clement in a contract of guarantee.this is equally so to all the sureties who stood guarantee. as per section 128 of the contract act, the liability of a surety is co-extensive with that of the principal debtor, unless it is otherwise provided by ..... the contract. the liability of the surety arises immediately on failure of the principal debtor to perform his obligations. section 140 of the contract act safeguards the rights of a surety on payment of the guaranteed debt.12. a surely who has actually met ..... -supposes the existence of a separate liability of the principal debtor and his liability is thus secondary, which comes into existence only on the failure by the principal debtor. a contract of guarantee as defined in section 126 of the contract act is to discharge the liability of a third person, in the case of his failure. it is essentially a .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-27-1998
Reported in : (1999)121PLR29
..... to the extent and in the manner allowed and prescribed by law for the time being in force. section 11 of the indian contract act, 1872 lays down that every person is competent to contract who is of the age of majority according to law, to which he is subject and who is of sound mind and is ..... (1907)17 madras law journal 78, sale-deed executed by the plaintiff when he was a lunatic, was held to be void under section 11 of the contract act and it was said that defendant cannot rely on such a document in support of his title. reliance in this regard was placed on the judgment in mohori bibee ..... v. kaura khan, 1912 punjab records, no. 41, hon'ble rattigan, j. speaking for the bench opined that a contract entered into by a person of unsound mind being void under section 12 of the contract act, the claim of the plaintiffs for refund of sums advanced to the defendant-lunatic is not entertainable and must fail.'12. ..... not disqualified from contracting under any law to which he is subject. section 12 of the indian contract act deals with as to what is sound mind for the purpose of contracting. it says that a person is said to be of sound mind for the purpose ..... of making 'contract' if at the time when he makes it he is capable of understanding .....Tag this Judgment!