Court : Delhi
Decided on : Jul-11-2006
Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681
..... v. shri narendra anand and ors. : 1991(21)drj53 .25. before considering the case law on the subject of section 27 of the indian contract act, 1872, it would be instructive to have another look at the said non-solicitation clause. a reading of the clause indicates that it has two components. the ..... if: (1) there was a non-employment (non hire) clause in the agreement; (2) the agreement was subsisting; and (3) section 27 of the contract act, 1872 was repealed.24. mr arun mohan also placed reliance on the following decisions:i) superintendence company of india (p) ltd v. sh. krishan murgai : (1981) ..... that agreement did not contain a non-solicitation clause. fourthly, he mentioned that any restraint on employment would be vocative of section 27 of the indian contract act, 1872 and that the ratio of the decision in the case of pepsi foods ltd and ors. v. bharat coca-cola holdings pvt. ltd and ors. ..... non-solicitation clause does not amount to a restraint of trade, business or profession and would not be hit by section 27 of the indian contract act, 1872 as being void.49. however, the question that arises is what happens when the respondent has solicited and/or induced or encouraged employees of ..... considerations for determining whether an agreement is in restraint of trade, business or profession and is hit by section 27 of the indian contract act, 1872. in fact, the supreme court in gujarat bottling (supra), did not go into the question whether reasonableness of restraint is outside the purview .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-2006
Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227
..... that it is recording only a prima facie finding that clause 31(b) of the agreement is void under section 27 of the indian contract act, 1872. it is pertinent to notice that ever since the rejection of the said interlocutory application on 19.12.2003, there has been no injunction ..... counsel, appearing for the appellant submitted that the high court has failed to appreciate the true legal meaning and effect of section 27 of the indian contract act, 1872. he submitted that an agreement of 'first option' or the 'right of first refusal' of the kind contained in the promotion agreement dated ..... the appellant - percept d. markr (india) pvt. ltd. and the respondent no. 1 - zaheer khan is void under section 27 of the indian contract act, 1872 has been in restraint of trade. it was submitted by learned senior counsel for the appellant - mr. ashok h. desai that the provision such as the ..... and the learned division bench found clause 31(b) to be void under section 27 of the indian contract act, 1872. mr. desai then argued the scope and effect of section 27 of the indian contract act, 1872. according to him, section 27 deals with restraint of trade and not with promotion or regulation of ..... nor the principle of restraint being partial is applicable, unless it falls within express exception engrafted in section 27.section 27 of the indian contract act, 1872 provides as follows:-27. agreement in restraint of trade, void. every agreement by which any one is restrained from exercising a lawful profession .....Tag this Judgment!
Court : Delhi
Decided on : May-24-2006
Reported in : [2006(110)FLR1061]; (2006)IIILLJ540Del
..... an employer for two years from taking employment with any present, past a prospective customer of plaintiff was held to be void and contrary to section 27 of the indian contract act, 1872. it was held that such a stipulation would prime facie be against public policy of india and arm-twisting tactic adopted by employer against young man looking for a job ..... employee from engaging or undertaking employment for twelve months after leaving the services of plaintiff was held to be contrary and in violation of section 27 of the indian contract act, 1872 and injunction was declined.43. the case of burlington (supra) relied on by the plaintiff is clearly distinguishable as that was the case of violation of the copyright. in this ..... country, it may not be permissible to import the principles enunciated in different environments and laws. the contract act,1872 is quite exhaustive even if it may not be a complete code dealing with all the eventualities pertaining to contracts. for comprehending section 27 of the contract act,1872 what is to be seen is its language which will determine its scope uninfluenced by the manner in ..... that restrain to trade being partial or reasonable are applicable unless the case falls within the exception of section 27 of the indian contract act,1872. an inquiry into reasonableness of the restraint is not envisaged by section 27 of the said act. in contradistinction to the two questions as in england, the courts in india only have to consider the question whether the .....Tag this Judgment!
Court : Delhi
Decided on : Jul-04-2006
Reported in : AIR2007Delhi1; 2006(2)CTLJ183(Del); 2006(91)DRJ26
..... of rs. 31.5 lakhs by 15.07.2004 which he failed to do and, thereforee, time being of the essence of the contract, the contract became voidable at the option of the defendants in terms of section 55 of the indian contract act, 1872 and by sending the letter dated 27.07.2004 (exhibit-p-3), the defendants exercised this option and rescinded the ..... at a fixed time, in contract in which time is essential 'when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or ..... contract and forfeited the amount of rs. 1,00,000/-. referring to the affidavit by way of evidence of dw-1 (representing the examination-in-chief ..... their part cannot be taken advantage of by them for avoiding the contract on the pretext that time was of the essence of the contract.16. in order to appreciate the arguments advanced by the counsel for the parties, it would be necessary to refer to section 55 of the indian contract act, 1872. the same reads as under:55. effect of failure to perform .....Tag this Judgment!
Court : Delhi
Decided on : Sep-13-2006
Reported in : 2006(3)ARBLR610(Delhi); 2006(91)DRJ370
..... cull out common law principles and apply the same. of course the said principles should not be in conflict with the statutory provisions of the indian contract act 1872.45. usage or custom has been recognized as law. why look to jurisprudential texts article 13(3) of the constitution of india, though in relation to part 3 of the ..... code. it is also not a consolidating code. the act does not profess to be a complete code. to the extent legislature has enacted, law of contract would be governed by the indian contract act 1872, and wherever not the courts would be free to ..... legal systems which have adopted the model of common law. since i am dealing with a contract, i would be failing in not noting that the preamble to the indian contract act 1872 records:- whereas it is expedient to define and amend certain parts of law relating to contracts.44. the legislature has clearly spoken that wherever the legislature thought it expedient to define and ..... amend certain parts of the law relating to contracts, the indian contract act 1872 has been enacted. it is thus not an enacting .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-08-2006
Reported in : AIR2006SC2927; 134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627
..... before any court, tribunal, officer or authority, but the same had nothing to do with the adjustment of accounts in terms of the provisions of the indian contract act, 1872. section 59 of the indian contract act provides for application of payment where debt to be discharged is indicated. section 60 thereof provides for application of payment where debt to be discharged is not indicated ..... holding that the authorized controller had renewed the loan taken by the owner, the facilities continued and in that view of the matter sections 60 and 61 of the indian contract act would become applicable.27. in the union of india v. kishorilal gupta and bros. : 2scr569 , upon which mr. sundaravardan placed strong reliance, wherein the question which arose for consideration ..... on a priority basis, (iii) in any event, as part of the amount to be paid had been apportioned for past dues in terms of section 60 of the indian contract act, this court should not interfere with the impugned judgment.14. mr. t.l. vishwanatha iyer, the learned senior counsel appearing for the bank of baroda, supplemented mr. sundaravardan contending that ..... liability of the guarantor continues and the creditor can realise the same from the guarantor in view of the language of section 128 of the contract act as there is no discharge under section 134 of that act.in our opinion, the principle of the aforesaid decision of this court is equally applicable in the present case. the right of the appellant to .....Tag this Judgment!
Court : Delhi
Decided on : Jul-03-2006
Reported in : 2006(3)ARBLR67(Delhi)
..... 5.5 the 1st defendant will contend that the said cooperation agreement is bad in law and thereforee null and void as per provisions of the indian contract act 1872 and/or other indian laws.70. the response of anands was noted in para 8.14, which is as under:8.14 the claimant submits ..... assuming that the document dated 11.09.1990 constituted a concluded contract binding on itc limited, the same was abandoned and given a go-by by the ..... ) whether the document dated 11.09.1990 was a concluded contract to which itc limited was a party?13.2(a)(iii) whether the document dated 11.09.1990 is bad in law, null and void as per the provision of the indian contract act, 1872 and/or other indian laws?13.2(a)(iv) whether ..... as under:59. restrictions on sale or purchase of securities. in exercise of the powers conferred by sub-section (1) of section 16 of the securities contracts (regulation) act, 1956 (42 of 1956), the central government, being of opinion that it is necessary to prevent undesirable speculation in securities in the whole of india, hereby ..... provisions of section 30-b of the mrtp act.14. the second objection arises on the basis of section 16 of the securities contracts (regulation) act, 1956 (hereinafter to be referred to as, the scr act) and the statutory notification issued there under. a notification bearing so no. 4661 dated 24.12.1968 is stated to .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-03-2006
Reported in : IV(2006)BC180; 131CompCas54(Kar); ILR2006KAR2365; 2006(1)KarLJ534
..... the bank and having owned the liability, has acknowledged to repay the loan with interest in installments and that the lower appellate court having rightly relied upon the commentary on contract act, 1872 referring to section 2(d) and section 25, has clearly held that the plaintiff-bank has proved its case for having advanced the loan amount and the finding of the ..... passed against such estate, there is consideration for the acknowledgment and for assumption of personal liability by the son', and also relying on the commentary on section 25 of the contract act, has come to the conclusion that the father was liable to pay the loan having acknowledged the loan of his son and for making some payments in that regard. at ..... be made before the expiration of the prescribed period for a suit or other proceeding.12. in the case of appukuttan panicker, referring to section 62 of the contract act as regards novation of contract, the division bench of the kerala high court has held thus:on the basis of the provisions in the document it has been contended by the appellants that ..... khan (dead) by l.rs and ors. v. andhra bank limited and ors. : air1983kant73 (db), wherein this court referring to section 126 of the contract act has held as under:section 126 of the contract act which defines a 'contract of guarantee' makes it clear that it involves three parties viz., the creditor, the surety and the principal debtor who should all be privy. their .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-20-2006
Reported in : 2006(6)ALD11(SC); 2006(4)AWC3177(SC); (SCSuppl)2006(4)CHN128; JT2006(6)SC578; 2006(4)KLT520(SC); 2006(7)SCALE302; (2006)6SCC351; 2006(2)LC1026(SC)
..... up and devised by the plaintiff with objects which were opposed to public policy and were prohibited by statutes like kerala stamp act and income tax act, 1961 and were void under section 24 of the indian contract act, 1872 (in short the 'contract act'). the three buildings in the property were solid constructions. the demolition of the buildings was inconceivable and defendant no. 2 was never ..... manifest that the conduct of the plaintiff entitles him to get the relief on perusal of the plaint he should not be denied the relief.12. section 23 of the contract act lays down that the object of an agreement becomes unlawful if it was of such a nature than, if permitted., it would defeat the provisions of any law.13. the ..... have hold on each other another agreement was prepared declaring the actual price of rs. 8 lakhs. it was further urged that section 23 read with section 24 of the contract act rendered the agreements void. the high court should have noted that the agreements were immoral or opposed to public policy. this is the essence of section 23 of the ..... contract act. similarly, section 24 postulates that the agreement would be void if the considerations and the object are unlawful in part. closing down a well-running school managed by dedicated missionaries .....Tag this Judgment!
Court : Orissa
Decided on : Aug-03-2006
Reported in : AIR2007Ori56; 2006(II)OLR557
..... entered into between the parties became impossible to perform as well as unlawful and, thus, amounted to frustration of the same. no doubt provisions of section 56 of the contract act, 1872, as quoted above, does not cover every case of frustration but it applies to a subsequent unforeseen event or contingency for which, neither of the parties is responsible. giving ..... must have intended.11. section 56 of the contract act, 1872 is relevant for the purpose and the relevant portion thereof is quoted hereunder:56. agreement to do impossible act - an agreement to do an act impossible in itself is void.contract to do act afterwards becoming impossible or unlawful.a contract to do an act which, after the contract is made, becomes impossible, or, by reason ..... regard to the nature and circumstances of the transaction and implied terms, no doubt is cast in the present case that the performance of the contract on the part of the petitioner became an impossibility and such impossibility can be brought within the fold of 'force majeure'.13. in the aforesaid circumstances, we find no ..... of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. xxx xxx .....Tag this Judgment!