Court : Andhra Pradesh
Decided on : Jun-22-2005
Reported in : 2005(5)ALD499; 2005(6)ALT165
..... this court certain other provisions of the indian contract act, 1872 as well.5. heard both the learned counsel.6. the parties hereinafter are referred to as plaintiff and defendant as shown in o.s. no. 205 of 1986 on the ..... period is not in controversy. the learned counsel also had drawn the attention of this court to section 65 and also section 70 of the indian contract act, 1872, and would maintain that section 45 of the act would not operate as a bar to maintain the claim. the learned counsel also placed reliance on certain decisions apart from bringing to the notice of ..... in council, : air1952cal306 , distinguished'. this is a case decided in relation to a panchayat, no doubt in the context of the provisions of the indian contract act, 1872, in general and sections 65 and 70 of the said act, in particular.(4) in h.s. rikhy, dr. v. new delhi municipal committee, : 3scr604 , a three judge bench of the apex court while dealing ..... the defendant had completed the period and had derived the total advantage without entering into any written agreement whatsoever with the plaintiff.19. section 65 of the' indian contract act, 1872, dealing with the obligation of person who had received advantage under void contract and contract that become void reads as hereunder:'section 65: obligation of person who has received advantage under void agreement or .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-2005
Reported in : 2006(3)ARBLR194(Delhi); II(2006)BC296; 128(2006)DLT128; 2006(87)DRJ196
..... supply the roller/rockers as per the agreed schedule and no improvement was noticed despite repeated reminders. thereforee, in view of section 25 of the contract act, 1872 as well as clause 7 of the supply order, nbcc was fully competent to cancel the supply order as no extension of time was granted ..... . the government of kerala and anr. : 1scr665 .8. it is also a settled proposition of law that if the termination of the contract is illegal, the erring party shall compensate the other party and the contractor in such a case will be entitled to claim damages for the loss of ..... the supply within the stipulated delivery period failing which the order can be cancelled for unsupplied quantities. since the petitioner failed in performance of the contract, the overall progress of the construction of the bridge was adversely affected. vide letter dated 23rd october 1986 nbcc cancelled 50% of the work ..... bearing (mechanical component for construction of the bridge). as per the terms and conditions of the supply order, time was the essence of the contract. supplier was required to supply three sets of roller on or before 4th september 1986 and ten sets of roller in each succeeding month i. ..... if the arbitrator has reached a wrong conclusion by misinterpreting some provisions of the contract, that will be no ground to set aside the award.13. while considering the objections under sections 30 and 33 of the arbitration act, 1940 to the award dated 30th april, 1996, the court does not partake .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-20-2005
Reported in : AIR2006AP212
..... . the counsel also pointed out to relevant provisions of the evidence of dw-1, dw-2 and dw-3 as well and had explained the relevant provisions of the indian contract act 1872 in this regard. the learned counsel with all emphasis would maintain that having taken the services of pw-1 to the maximum extent for the purpose of dereservation and having ..... contents thereof. the learned counsel also made elaborate submissions in relation to implied agency and ratification while drawing the attention of this court to the relevant provisions of the indian contract act 1872. the learned counsel also would maintain that at the lime of the execution of the agreement the same was proceeded on the ground that the executants alone are the owners ..... is a necessary party to the suit for enforcing the mortgage security. that is the position warranted by section 6 of the hindu succession act, read with section 67 of the transfer of property act, section 45 of the contract act and order 34, rule 1, c.p.c. the clear language of that section leads to that conclusion.pw-1 on the aspect ..... -parties to the agreement of sale in question are bound by the agreement of sale or not. in indian contract act and specific relief act, pollock and mulla, volume ii, on the aspect of 'implied ratification' it was stated:ratification can be implied from any act which reflects the conscious adoption of the transaction. it can even be inferred from silence or mere acquiescence .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-31-2005
Reported in : AIR2006P& H77; (2006)142PLR289
..... recognized by section 13(1)(iii).14. i am further of the view that section 12 of the contract act, 1872, also does not go to the extent of declaring a contract void, if at the time of marking the contract he was capable of understanding the contract and forming a rational judgment as to its effect upon his interest. it has further been provided that ..... for the purposes of contracting.- a person is said to be of sound mind for the purposes of making a ..... but occasionally of sound mind may enter into a contract when he is of sound mind. it is also well settled that burden of proof lies on a party who sets up a plea of unsound mind so as to get a declaration that the contract is void. section 12 of the indian contract act, 1872, reads as under:-12. what is a sound mind ..... contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-11-2005
Reported in : 2005(5)ALLMR(SC)1128; 2005(2)AWC1593(SC); (SCSuppl)2005(3)CHN114; 100(2005)CLT147(SC); 2005(1)CTLJ345(SC); JT2005(4)SC418; (2005)4SCC501; 2005(1)LC626(SC)
..... making the contract, if at the time when he makes it, he is capable of understanding it and of forming a rational judgment ..... certified that bhogirath was mentally normal.20. it cannot be disputed that a contract of sale like any other contract would be vitiated if the consent of either party is given by a person of unsound mind as provided in section 11 of the contract act, 1872. under section 12 of that act, a person is said to be of sound mind for the purpose of ..... person of unsound mind is thus not necessarily a lunatic. it is sufficient if the person is incapable of judging the consequences of his acts. black's law dictionary says:-'as a ground for voiding or annulling a contract or conveyance, insanity does not mean a total deprivation of reason, but an inability, from defect of perception, memory, and judgment, to do ..... the act in question or to understand its nature and consequences black's law dictionary (sixth edition) page 795.'21. it must be remembered that in .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-31-2005
..... be pointed out that the law commission of india in its 13th report adopted the same approach and recommended that, by way of exception to section 25 of the indian contract act, 1872, a promise, express or implied, which the promisor knows or reasonably should know, will be relied upon by the promisee, should be enforceable, if the promisee has altered his ..... to dhep.after a continuous deliberation in connection with rate revision to reduce the rate, the contractor finally agreed to the conditions reluctantly but subject to condition that the fresh contract period must be valid for minimum period of 3 (three) years.hence, the proposed and agreed conditions of the rates revision are as follows:--aa : for market bus :-- a) ..... regard to the extension of the hiring of the two buses of the petitioner by the respondents.10. the learned counsel for the respondents further contended that matters relating to contract will not attract the provision of article 226 of the constitution. the learned counsel is placing his reliance in the case of national highways authority of india v. ganga enterprises ..... the above three decisions, the respondents have acted arbitrarily and discriminately which calls for intervention by this court.for the aforesaid reasons, the impugned niq/nit dated 26-6-2004 issued by the respondents and proceedings undertaken thereto are hereby set aside and quashed. the respondents shall take necessary steps for extending the contract agreement for the two buses for a period .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-09-2005
Reported in : 2005(5)ALD62; III(2006)BC563; 128CompCas572(AP)
..... the bank at the best can bind the principal debtor alone and definitely not the guarantors especially in view of the clear language of section 133 of the indian contract act, 1872 (for short, 'the act'). the learned counsel also made certain comments relating to the peculiar procedure adopted by the bank; the first defendant executing promissory not in favour of the defendants 2 ..... reads as under:'128. surety's liability.--the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract'.19. section 129 of the act deals with continuing guarantee, which reads as under:'129. continuing guarantee.--a guarantee which extends to a series of transactions is called a 'continuing guarantee'.illustration (b ..... he can be bound, for the final obligation of the principal debtor will be something different from the obligation which the surety guaranteed. presumably he is discharged forthwith on the contract being altered without his consent, for the parties have made, it impossible for the guaranteed performance to take place. in the vast majority of cases a different performance of ..... appellants-defendants 2 and 3 as can be reflected from ex.a-5. section 133 of the act reads as hereunder-'133. discharge of the surety by variance in terms of contract.-any variance, made without the surety's consent, in the terms of the contract between the principal debtor and the creditor, discharges the surety as to transactions subsequent to the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-30-2005
Reported in : AIR2006MP35; 2005(3)MPLJ73
..... sale of the silver pledged. according to plaintiffs by selling the pledged silver without notice as required by section 176 of the indian contract act, 1872 (hereinafter referred to as 'the act') and in contravention of the specific directions of the plaintiffs conveyed to the defendants vide telegram dated 30-11-1974 and notice dated ..... days notice was given by pawnee (defendant) would not ipso facto gets the notice invalid. since no particular time has been prescribed in section 176 of the contract act.25. after receiving the notice (ex. d-14), the plaintiffs through their advocate shri b. c. varma sent a telegram on 30-11-1974 to ..... sale, it is the pawnee's ordinary right to recover the balance of the loan unsatisfied on the sale pledged. if we analyse section 176 of the contract act, it is perceptible that a pawnee has three rights in case of default by pawnor. (i) he may bring a suit upon the debt; and(ii ..... sell the thing pledged on giving the pawnor reasonable notice of the sale. the section is mandatory and the required notice must be given notwithstanding any contract to the contrary. since the sending of notice is mandatory, it cannot be waived. it is the discretion of the pawnee either to file ..... of the amount lent by him, was obliged to return the specific silver pledged by the plaintiffs.(c) the defendant was entitled, in terms of the contract, to receive from the plaintiffs interest on the sums lent by him at rates and in quantity permitted by the law, but not more than 12% .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-19-2005
Reported in : AIR2005SC4217; [2005(107)FLR407]; JT2005(8)SC425; RLW2005(4)SC2326; (2005)7SCC764; 2006(1)SLJ267(SC)
..... provision cannot be said to be in consonance with law. in brajo nath ganguly, the court observed that the provision was against public policy reflected in section 23 of the contract act, 1872 and the provision was described as henry viii clause.43. we have also gone through the decision of the learned single judge as well as of the division bench. it ..... service without observing the rules of natural justice. such provisions have also been held to be bad and against public policy under section 23 of the contract act, 1872. even if there is a term in the contract or in a rule, it is liable to be struck down as arbitrary and ultra vires article 14 as also article 311 of the constitution. the ..... facts and circumstances, the general manager also examined the past record of the appellant. the appellant was issued with a punishment of withholding four annual increments with cumulative effect for acts of misconduct. the management, however, took a lenient and magnanimous view and revised the punishment twice, first on march 12, 1990 and then on february 4, 1997, thereby bringing ..... -charge of haldia hospital, who was undergoing treatment at apollo hospital, madras, which was reported to be undertaken on 3rd may, 1999 successfully. the general manager was satisfied that the acts of the appellant of threatening, intimidating and assaulting senior officer of the refinery hospital and abusing and behaving unmannerly with superior authority amounted to subversive and prejudicial to the interest .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-08-2005
Reported in : AIR2006SC3574; 2006(1)AWC660(SC); [2006(108)FLR339]; JT2005(10)SC474; (2006)ILLJ738SC; (2005)13SCC492; 2006(1)LC138(SC)
..... of india and ors. etc. v. p.p. swarnakar and ors. etc. : (2003)illj819sc, wherein it was held that the scheme being contractual in nature, the provisions of the indian contract act, 1872 would apply and, thus, an offer made by an employee could be withdrawn by him before it was accepted. no exception, thus, can be taken to the findings of the .....Tag this Judgment!