Court : Karnataka
Decided on : Apr-13-2007
Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774
..... terms such as valid, invalid, void and voidable.20. section 2 of the indian contract act, 1872, states that in what sense the aforesaid expressions are used in the act. section 2(h) states that an agreement enforceable by law is a contract. section 2(i) states that an agreement which is enforceable by law at the ..... give back the property, it has to be by another deed of conveyance. if the deed is vitiated by fraud or other grounds mentioned in the contract act, there is no possibility of parties agreeing by mutual consent to cancel the deed. it is only the court which can cancel the deed duly executed, ..... property, it has to be done by canceling the sale deed on any of the grounds which are available to him under the provisions of the indian contract act. unilaterally he cannot execute what is styled as a deed of cancellation, because on the date of execution and registration of the deed of cancellation, ..... sale deed executed by the society is held to be contrary to bye-law 36 it does not fall within the mischief of section 23 of the contract act as contended and is not void.12. in order to appreciate the rival contentions, the three resolutions of the society passed on 09.12.1973, 25 ..... are under a mistake as to a matter of fact the said agreement is void.21. section 23 of the act declares what considerations and objects are lawful, and what not and about the contract being void, reads as under:23. what considerations and objects are lawful, and what not.- the consideration or object .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-20-2007
Reported in : ILR2008KAR4003; 2008(6)AIRKarR319; AIR2009NOC264
..... , a co-operative society is not eligible to possess agricultural land. therefore the very transaction in question is forbidden under section 23 of the indian contract act, 1872.20. we allow this appeal, set aside the judgment and decree passed by the trial court and by directing the appellants to pay a sum of rs. 12,63,747/- ( ..... permission in respect of vacant land in excess of the limit under the urban land ceiling act, 1976, does not arise at all.h) the transaction in question is hit by section 23 of the indian contract act, 1872. under section 79-b of the karnataka land reforms act, 1961 a co-operative society is not eligible to possess the agricultural land. as the agreement ..... in question is of the year 1986, the first respondent society cannot fall back on the amendment made to section 109 of the karnataka land reforms act, 1961 providing for exemption ..... to whether the agreement at ex.d8 is authentic or not. as the best piece of evidence was withheld from the court, adverse inference under section 114 of the evidence act, 1872 should have been drawn. to drive home this point, sri shetty, the learned counsel for the appellants brought to our notice the two judgments of the apex court reported in .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-26-2007
Reported in : 2007(5)ALD285; 2007(6)ALT796
..... and accordingly the same are hereby rejected.24. hence, in the light of the view expressed by the apex court referred to supra and also section 65 of the indian contract act, 1872, and further in the light of the concurrent findings which had been recorded by both the courts below, this court is thoroughly satisfied that both in law and equity, a ..... which had been made by the court of first instance and also the appellate court. the counsel also would submit that in the light of section 65 of the indian contract act, 1872, even if the transaction to be treated as void, the opposite party is bound to compensate the same and hence absolutely there is no illegality in the order of refund ..... whether the refund ordered by both the courts below to be interfered with on the ground that ex.al is a void transaction.21. section 65 of the indian contract act, 1872 deals with obligation of person who has received advantage under void agreement or contract that becomes void, which reads as hereunder:when an agreement is discovered to be void, or when a ..... collieries v. jharkand mines : 1scr703 , the apex court observed as hereunder:section 65 makes a distinction between an agreement and a contract. according to section 2 of the contract act, an agreement which is enforceable by law is a contract and an agreement which is not enforceable by law is said to be void. therefore, when the earlier part of section 65 speaks .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-08-2007
Reported in : AIR2007SC1529; 2007(2)AWC1447(SC); II(2007)CPJ11(SC); 2007(1)CTLJ97(SC); JT2007(4)SC271; 2007(4)SCALE216; (2007)10SCC674
..... contravention of its rules and regulations and was thereby opposed to public policy and was illegal and void in terms of section 23 of the contract act, 1872. no decision is required to be taken in the matter on facts, which could have merited an order of remand.19. on the legal ..... allotment, the allotment must be held to be opposed to public policy and was therefore unlawful and void in terms of section 25 of the contract act, 1872.17. mr. ahmed submitted that the decisions cited by mr. cama were not applicable to the facts of this case since the high court ..... the only question involved in the instant appeal was whether the allotment made was at all void in terms of section 23 of the contract act, 1872 and also whether cidco acted within its jurisdiction in cancelling such allotment unilaterally.15. appearing for cidco, mr. altaf ahmed, learned senior advocate, submitted that certain ..... the allotment unilaterally on the ground of violation by cidco itself of its own regulations which attracted the provisions of section 23 of the contract act. it was urged that since the appellants had substantially altered their position to their prejudice on the assurances held out by cidco by investing ..... their allotment by cidco in terms of its order dated 29thmarch, 2006 purportedly on account of violation of the provisions of section 23 of the contract act. according to mr. cama, the only question to be decided in this appeal is whether having accepted the entire premium lease from the appellants .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-12-2007
Reported in : 2008(1)AWC495(SC); 2008BusLR16(SC); 2007(2)CTLJ249(SC); JT2007(12)SC517; (2008)2MLJ857(SC); 2007(13)SCALE126
..... the respondent for higher rate of remuneration, the respondent is entitled to claim remuneration only as per the terms of the contract. finally, it is submitted that principles of quantum meruit under section 70 of the indian contract act, 1872 (in short the 'contract act') has no application in view of the specific contractual provisions. alternatively, it was pleaded that the claim for enhanced rate is ..... reasonably for the work done, to the person who does the work. the provisions of this section are based on the doctrine of quantum meruit, but the provisions of the contract act admit of a more liberal interpretation; the principle of the section being wider than the principle of quantum meruit.' the principle has no application where there is a specific agreement ..... rate of rs. 215/ per m.t.(v) the claim for enhanced rate for additional quantity discharged under section 70 of the contract act on the principle of quantum meruit would not be applicable since there was a stipulation under the contract for payment at the rate of rs. 108/- m.t only.6. on the basis of the aforesaid findings the suit ..... for discharge of cargo at higher rate with a view to comply with the direction of the port authorities. the respondent plaintiff had discharged additional quantities. clause 41 of the contract provides that the contractor shall comply with the rules and regulation of the port authorities, and since the port authorities had demanded discharge at faster rate the respondent herein (plaintiff .....Tag this Judgment!
Court : Delhi
Decided on : Jul-18-2007
Reported in : IV(2007)BC419; 2007BusLR131(Del); 2007(97)DRJ257; (2008)149PLR44
..... be not justified. the compensation is stated to be not one which could be reasonable within the provisions of section 74 of the contract act, 1872 (hereinafter referred to as 'the contract act') it has also been pointed out that part of the goods was already lifted amounting to more than 20 metric tons and ..... not to enforce the penalty clause but only to award compensation is statutorily imposed on the courts by section 74 of the contract act. in all cases where there is a stipulation in the nature of penalty for the forfeiture of the amount deposited in pursuance of the terms ..... to award compensation is imposed on the court by section 74 of the contract act and where the terms of the contract stipulate in the nature of penalty for forfeiture of the amount deposited in pursuance of the terms of the contract, the court has the jurisdiction to award such amount as it considers ..... is not permissible in law on account of section 74 of the contract act. the said provision is as under:74. compensation of breach of contract where penalty stipulated for when a contract has been broken, if a sum is named in the contract as the amount be paid in case of such breach, or ..... pay the advance, the defendants issued a letter dated 23.03.1989 that the plaintiff has committed default of the conditions of the contract and breach of the contract and thereforee the security deposit is being forfeited.12. the defendants have averred that any business loss, loss of goodwill and credibility incurred .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-04-2007
Reported in : 2007(4)ALLMR(SC)781; 2007(1)BLJR221; (2007)1CompLJ232(SC); 2007(1)CTLJ84(SC); [2007(2)JCR114(SC)]; (2007)3MLJ501; 2007(1)SCALE105; (2007)2SCC624; 2007(1)LC0093(SC); 2007AIRSCW885
..... ' or a 'punishment for an offence. while directing forfeiture of the 'earnest money' the provisions of the indian contract act, 1872 are to be kept in mind. forfeiture is permissible only when a concluded contract has come into being and not prior thereto. [see maula bux v. union of india : 1scr928 & ..... (2006)11scc181 , this court observed that in a case of this nature, time was not of the essence and, therefore, section 55 of the contract act was not attracted, noticing:this court in hind construction v. state of maharashtra : 2scr1147 stated:7. the question whether or not time was of the ..... to be completed would, thus, depend upon the fact of each case. indisputably, it will primarily depend upon the terms and conditions of the contract. but herein there was another supervening circumstance i.e. the interim orders passed by this court. the core question in this case would, thus ..... it is not claimed by the appellant that the bid offered by the respondent was sanctioned by the excise commissioner. there was thus no concluded contract between the parties to make the respondent liable for the alleged loss.. 15. mr. arvind kumar nigam, the learned counsel appearing on behalf of ..... 2scr724 , this court held:the question that remains to be answered is, even if there was no statutory provisions, whether there was a concluded contract between the appellant and the respondent under which the respondent was liable to pay 20,100 which represents the difference between the highest bid at .....Tag this Judgment!
Court : Delhi
Decided on : Mar-28-2007
Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822
..... courts in this country are concerned, they must look primarily to the law as embodied in sections 32 and 56 of the indian contract act, 1872.we hold, thereforee, that the doctrine of frustration is really an aspect or part of the law of discharge of ..... agreement is subsisting, such stipulation could not be held to be in restraint of trade so as to attract the bar of section 27 of the contract act. the court thereafter proceeded to consider as to whether the plaintiff in the case in hand was entitled to the injunction prayed for to compel enforcement ..... can be had to the principles of english law on the subject of frustration. it must be held also, that to the extent that the indian contract act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law dehors these statutory provisions ..... in an earlier judgment rendered in ganga saran v. ram charan, wherein the apex court had clearly held that so far as frustration of contract was concerned, the indian contract act deals with a particular subject and it is not permissible to import the principles of english law on this aspect dehors these statutory provisions. in ..... pre-emptive rights to purchase of shares as contained in the sha. the respondent has not challenged clause 14 of the sha on any ground under the contract act also.79. the shareholders agreement between the parties in the instant case does not cast an absolute restriction on the transfer of shares. the pre- .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-14-2007
Reported in : 2008(1)AWC834(SC); I(2008)BC594(SC); 2008BusLR121(SC); 141CompCas361(SC); 2007(2)CTLJ451(SC); JT2008(1)SC140; 2007(14)SCALE445; 2008(1)SCC643; 2008(2)CivilLJ77; 2008(1)LH(SC)538; (2008)1SCC643
..... a 'bailee' and as it has not been alleged that proper care thereof had not been taken as envisaged under section 151 of the indian contract act, 1872, the respondents are not liable to reimburse the appellants for the loss of articles. according to the learned counsel, even for the said purpose ..... fact that it being a statutory authority and, thus, being a 'state' within the meaning of article 12 of the constitution of india, will act fairly and reasonably. the entire loan was recalled not only because the appellants were defaulters but also on the allegation that they had purchased second hand ..... defaults in paying the instalments. some letters were exchanged between the parties. however, it appears that picup authorized u.p. state financial corporation to act as its agent as both of them are premium financial institutions of the state of u.p. a representation was again made by the appellants ..... .p. state financial corporation to the appellant asking for its response thereto failing which it was threatened that action under section 29 of the 1951 act would be taken. an explanation, pursuant thereto, was submitted. however, entire loan was recalled inter alia on the premise that the company had committed ..... another financial institution in breach of the contract, which having been found to be wholly incorrect, it must be held that it had acted on extraneous consideration. so far as the picup is concerned, it was bound to act in terms of the provisions of the 1972 act. whether it did so, is .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-30-2007
Reported in : 2008ACJ1528; ILR2007KAR3665; 2008(1)KarLJ536
..... consideration in the form of premium and if the premium is not paid, the contract would not be valid as there cannot be any contract without consideration. the appellant had relied upon the provisions of the contract act, 1872 and contended that since the cheque through which premium was sought to be paid to ..... the appellant was dishonoured by the bank when it was presented for encashment, there was a failure of consideration and as such, no contract of insurance came into existence as ..... cover the bus without receiving the premium therefor. by reason of the provisions of section 147(5) and 149(1) of the motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which that policy covered and to satisfy awards of compensation in ..... whose driver died. a claim petition came to be filed and the appellant denied the claim asserting that under section, 64-vb of the insurance act, 1938, no risk was assumed by an insurer unless the premium thereon had been received in advance. the tribunal, having rejected the appellant's ..... between the insurer and the insured. it was also contended that under section 64-vb of the insurance act, 1938, no risk would be assumed unless premium was received in advance. .....Tag this Judgment!