Court : Delhi
Decided on : Jul-02-2008
Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194
..... such a case the party complaining of the breach would be entitled to reasonable compensation not exceeding the penalty stipulated. while considering the provisions of section 74 of the indian contract act, 1872, the supreme court, in fateh chand (supra) observed that although proof of 'actual loss or damage' was dispensed with, there must, however, be legal injury before compensation can be ..... stipulation providing payment for liquidated damages and a stipulation which was in the nature of penalty, were sought to be eliminated by the introduction of section 74 of the indian contract act, 1872. it was also noted that at common law, genuine pre-estimate of damages by mutual agreement was regarded as a stipulation naming liquidated damages and was binding between the ..... court in the case of ongc (supra). thirdly, the said decision of the supreme court, in my view, merely reiterated the principles governing sections 73 and 74 of the indian contract act, 1872 which had already been settled in fateh chand (supra) and maula bux (supra). for these reasons, the first ground of challenge raised by mr. khorana is rejected.7. as ..... the arbitrator cannot be precluded from considering recent decisions. she also submitted that the ground raised by the petitioner on the basis of provisions of section 55 of the indian contract act, 1872, had been adequately dealt with by the learned arbitrator in the said award. with regard to the third and main ground raised by mr. khorana, she submitted that the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-24-2008
Reported in : (2008)2MLJ880
..... factum, the learned counsel for the appellant cited the decision : (1999)iimlj666 (thirumalai vadivu ammal (died) and 4 ors. v. muthammal and anr.) wherein it is held as follows:contract act, 1872, section 18 - misrepresentation as to nature of document executed - suit to set aside settlement deed - plaintiff is an uneducated person - plaint property leased out to third party - lessee ..... power of attorney - burden by lady is on purchaser - lower appellate court not approaching the evidence in this perspective of law - case remanded for disposal according to law (contract act (1872), section 16).27. he also cited : air1999ori154 (smt. sita bewa v. gangadhar bharati and ors.) wherein it is observed as follows:where the executant of a deed is ..... not maintainable.20. the learned counsel for the appellant cited : air1948cal84 (sm. karunamoyee debi v. sm. maya moyi debi and ors.) wherein it is held as follows:(a) contract act (1872), sections 10, 11 and 16 - purdanashin lady - transactions by - principles to be applied stated.the protection given to purdanashin ladies is given to persons who are really kept in ..... for 18 years.14. the learned counsel for the appellant relied on the decision : air2006sc3608 (prem singh and ors. v. birbal and ors.) wherein it is held as follows:contract act, 1872 - sections 17 to 19 - fraudulent misrepresentation - document/transaction when void and when voidable - held, when fraudulent misrepresentation is with respect to character of document, it is void, .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-22-2008
Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)
..... in theory but, in practice, it caused serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged.3 ..... of the liabilities under the said guarantees.38. this stand, however, is refuted by the plaintiffs relying on the amended section 28 of the indian contract act, 1872. according to the plaintiffs, by virtue of the said amendment, it is no longer open to the defendant bank to contend to the contrary.39. ..... was relieved and discharged of its obligation on and from 30th april 1997, was untenable in view of the amended section 28 of the indian contract act, 1872, which came into force on 8th january 1997, on which date, admittedly, the bank guarantee was valid. it is stated that in view of ..... discharged from all their liabilities. according to the defendant no. 2 bank, the plaintiffs were ill-advised to rely on section 28 of the indian contract act, 1872 which amendment had no impact on the contractual obligation qua the defendant no. 2 bank. on the basis of the pleadings of the plaintiffs and defendant ..... 27th/28th august 1997, the plaintiffs informed the defendant no. 2 that in the light of the amendment to section 28 of the indian contract act, 1872, which came into force with effect from 8th january 1997, the bank was not absolved of its obligation to make payment under the bank .....Tag this Judgment!
Court : Delhi
Decided on : Feb-28-2008
Reported in : 150(2008)DLT302; 2008(102)DRJ69; (2008)151PLR16
..... of the offer/ proposal was made by the plaintiff. some assistance can be taken of the provisions of section 7(2) of the indian contract act, 1872 which, inter alia, stipulates:if the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such ..... the purchase orders placed by the defendant were in the nature of proposals as understood under section 7(2) of the indian contract act, 1872. for a proposal to result in a contract, it requires the acceptance on the part of the person to whom the proposal is made, in this case, the ..... manner stipulated in the purchase orders themselves. this is a presumption which the court can draw in terms of section 114 of the indian evidence act, 1872. this being the position, the inescapable conclusion is that the proposal and the acceptance were both done at delhi. this is so because ..... . since the plaintiff has instituted this suit on account of alleged non-performance of the contracts, evidenced by the purchase orders, the only place where the cause of action has arisen is village dagori, bilaspur, chhattisgarh. consequently, he submitted, ..... made at bilaspur to the representatives of the plaintiff, who had come to bilaspur. the said payments were made by cheques. he submitted that the contract was clearly to be performed at bilaspur and, thereforee, when the plaintiff alleges non-performance, the place of non- performance would also be bilaspur .....Tag this Judgment!
Court : Chennai
Decided on : Jun-23-2008
Reported in : AIR2008Mad218; 2008(44)CTC75; 2008(2)CTLJ169(Mad)
..... influence _ (1) 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 in a ..... pay the crane charges ?11. before delving into the matter, it is useful to extract section 69(2) of the indian partnership act, 1932 and sections 16, 196 and 199 of the indian contract act, 1872.12. section 69(2) of the indian partnership act, 1932, reads as under:69. effect of non-registration. (1) ...(2) no suit to enforce a right arising from a ..... contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and ..... the persons suing are or have been shown in the register of firms as partners in the firm.13. sections 16, 196 and 199 of the indian contract act, 1872, run as below:16. undue .....Tag this Judgment!
Court : Delhi
Decided on : Feb-15-2008
Reported in : 149(2008)DLT723; 2008(101)DRJ540; [2008(118)FLR45]; (2008)IIILLJ883Del
..... decision making process shall take place at various levels of the banks....64. once it is held that the provisions of the indian contract act, 1872 would be applicable, the scheme admittedly being contractual in nature, the provisions of the act shall apply. the scheme having regard to its provisions as noticed hereinbefore would merely constitute invitation to treat and not an offer.65 ..... a voluntary retirement scheme an employee opts thereforee, he makes an offer which upon acceptance by the employer gives rise to a contract. thus, as the matter relating to voluntary retirement is not governed by any statute, the provisions of contract act, 1872, thereforee, would be applicable too see: bank of india v. o.p. swarnakar (supra).20. in para 28 of the said ..... option under the scheme, the employees did not derive an enforceable right, the same in absence of any consideration would be void in terms of section 2(g) of the contract act as opposed to section 2(h) thereof.22. the aforesaid ratio of the decision of the o.p. swarnakar and ors. case (supra) came to be referred to and relied ..... , the terms and conditions of the voluntary retirement scheme herein are not governed by any statutory rules but are a matter relating to contract and, thereforee, the provisions of the contract act would be applicable, both on the formation of the contract and also the determination thereof.24. consequently, we hold that the appellant could have taken a decision to decline the request of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-10-2008
Reported in : AIR2008SC2416; II(2008)BC691(SC); 142CompCas946(SC); 2008(2)CTLJ118(SC); 2008(3)KLT518(SC); (2008)4MLJ457(SC); 2008(3)MPHT211(SC); 2008(4)SCALE181; (2008)5SCC711; 2008AIRSCW3648; 2008(3)LH(SC)1986; 2008(2)KCCRSN109
..... the only question that was raised on behalf of the appellant was that in view of the statutory provision under section 130 of the indian contract act, 1872 (in short 'the act'), whether the high court was justified in holding that the appellant who was a guarantor of the loan advanced to the defendant nos. 1 ..... 143 as under: -as a general rule, any person can enter into a binding contract to waive the benefits conferred upon him by an act of parliament or, as it is said, can contract himself out of the act unless it can be shown that such an agreement is in the circumstances of the particular ..... it is difficult to accept the submissions of the learned counsel for the appellant that in view of the statutory provision under section 130 of the act, after the revocation of the guarantee by the appellant, he was not liable to pay the decretal amount to the bank no other point was ..... into by the appellant with the bank, which is binding on him. therefore, the question arises whether the statutory provision under section 130 of the act shall override the agreement of guarantee. in our view, the agreement cannot be said to be unlawful nor the parties have alleged that it was unlawful ..... proceed further and in order to decide the submissions made on behalf of the parties before us, it would be appropriate to reproduce section 130 of the act, which reads as under:revocation of continuing guarantee - a continuing guarantee may at any time be revoked by the surety, as to future 'transactions, .....Tag this Judgment!
Court : Chennai
Decided on : Jan-23-2008
Reported in : 2008(1)CTC681; (2008)2MLJ123
..... administer the teacher training institute without the approval of the competent authority and whether the same is permissible in view of section 23 of the indian contract act, 1872 is to be ascertained. section 23 of the indian contract act clearly states that every agreement, of which, the object or consideration is unlawful, is void. as per section 23, the consideration or object of ..... holder viz., k. ravi and the same is impermissible as it is in violation of section 23 of the indian contract act, 1872. the agreement dated 12.4.2005 is void since both the parties are guilty of violating the provisions of the ncte act, 1993. the learned single judge also held that the right to establish and administer educational institution, even though guaranteed ..... reported in air 2006 scw 5470 (india financial association, seventh day adventists v. m.a. unneerikutty) in paragraphs 18 to 22, which read thus,18. section 23 of the contract act lays down that the object of an agreement becomes unlawful if it was of such a nature that, if permitted, it would defeat the provisions of any law.19. the ..... court in the decision reported in : (1986)iillj171sc (central inland water transport corporation ltd. v. brojo nath) : (1986)iillj171sc . in paragraph 92, the supreme court held thus:92. the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public policy', or 'contrary to public .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-28-2008
Reported in : 2008(3)ALLMR35; 2008(3)ARBLR204(Bom); 2008(4)BomCR594; (2008)110BOMLR852; 2008(4)MhLj238
..... of gcc after placing reliance on g. m., northern railways v. sarvesh chopra (supra) wherein, hon'ble apex court observes:15. in our country question of delay in performance of contract is governed by sections 55 and 56 of the indian contract act, 1872. if there is an abnormal rise in prices of material and labour, it may frustrate the ..... contract and then the innocent party need not perform the contract. so also, if time is of the essence of the contract, failure of the employer to perform a mutual obligation would enable the contractor to avoid the ..... judge as 'clearly erroneous' , but then reasons therefor are not mentioned and substantiated. this point is not even touched during oral arguments by appellant. in next ground, section 73 of contract act has been pointed out to state entitlement of appellant to claim damages/compensation but then said reference is in relation to other terms and conditions of gcc mentioned above and ..... by arbitral tribunal & awarding damages or compensation therefor is void. when the claim is contrary to gcc, it is obvious that defence of exercise of option under section 55 of contract act ought to have been raised by present appellant before arbitral tribunal and in any case, there should have been the finding that termination or closer was in view of said .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-16-2008
Reported in : 2008(6)ALLMR611; 2009(1)BomCR746; (2008)110BOMLR3496
..... to the terms of the agreement. by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms of the contract the obligations of the parties have to be performed in a certain sequence, one of the ..... parties to the contract cannot require compliance with the obligations by the other party without in the first ..... instance performing his own part of the contract which in the sequence of obligations ..... parties does create some kind of doubt regarding intention of giving finality to the letter of termination dated 24th november 2007.22. in terms of section 55 of the indian contract act, effect of failure to perform at fixed time does provide benefit to a party as it becomes voidable at the option of the promisee provided the intention of the parties .....Tag this Judgment!