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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 2009 Page 1 of about 5,183 results (0.249 seconds)

Apr 17 2009 (HC)

National thermal Power Corporation Ltd. Vs. Wig Brothers Builders and ...

Court : Delhi

Decided on : Apr-17-2009

Reported in : 160(2009)DLT642

..... delay when possession of cooling towers was taken by the petitioner, which disentitled the petitioner to claim compensation in terms of section 55 of the indian contract act, 1872;b. refusal by the petitioner to furnish any details in respect of its claim for liquidated damages;c. non-production of any evidence by the ..... was accepted by the petitioner and the petitioner is enjoying the benefit of the said work. therefore, in terms of section 70 of the indian contract act, the respondent was entitled to compensation for the work done by it and which was rightly awarded by the arbitral tribunal as per the law enunciated ..... respondent from performing the pg tests and therefore, in terms of section 53 of the indian contract act, the respondent was not bound to perform the pg tests. it is submitted that had the petitioner been serious about conducting the pg tests, it ..... tests were to be conducted. since, the petitioner did not make the towers available for the tests, in terms of section 54 of the indian contract act, the respondent was not bound to conduct the pg tests. that in view of the above facts it is clear that the petitioner had prevented the ..... i also agree with the view of the arbitral tribunal that the stipulation of 30 days contained in clause 26 of the contract was contrary to s.28(1) of the indian contract act.23. that being the case, the respondent had no choice but to directly take its dispute to arbitration. in these .....

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Sep 09 2009 (SC)

Balaji Coke Industry Pvt. Ltd. Vs. Maa Bhagwati Coke (Guj) Pvt. Ltd.

Court : Supreme Court of India

Decided on : Sep-09-2009

Reported in : 2009(4)AWC4091(SC); JT2009(12)SC250; 2010(2)MhLJ145(SC); 2009(II)OLR(SC)845; 2009(12)SCALE343; (2009)9SCC403:2009AIRSCW5751:2009(5)LHSC3221

..... the parties from such agreement would not be contrary to public policy and would not, therefore, be contrary to the provisions of section 28 of the indian contract act, 1872.17. the said question once again arose in the case of a.b.c. laminart (p) ltd. (supra), wherein following the decision in hakam ..... one of two courts having jurisdiction, would decide all disputes relating to such agreement, was hit by the provisions of section 28 of the indian contract act, 1872, this court held that where two courts or more have jurisdiction to try a suit or proceeding under the provisions of the code of civil procedure ..... the jurisdiction to entertain a suit, which it did not have, the same would be contrary to the provisions of section 28 of the indian contract act, 1872, being contrary to public policy.16. one of the earlier judgments on this dichotomy of views is that of this court in hakam singh (supra ..... shall be tried in one of such courts is not contrary to public policy nor does it contravene the provisions of section 28 of the indian contract act, 1872. it was also observed that the choice of forum agreed to and accepted by the parties should normally be respected. mr. mitra also pointed ..... jurisdiction to decide the matter, would be unlawful and void, being contrary to public policy under section 28 of the indian contract act. but so long as the parties to a contract do not oust the jurisdiction of all the courts, which would otherwise have jurisdiction to decide the cause of action under .....

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Apr 20 2009 (SC)

Pranab Kumar Pal Vs. Ltz. Investment Pvt. Ltd. and ors.

Court : Supreme Court of India

Decided on : Apr-20-2009

Reported in : 2009BusLR406(SC); JT2009(14)SC319; 2009(6)SCALE779; (2009)6SCC689; 2009(4)LC1881(SC)

..... .01.2006 which is completely antithetical to the freedom of employment of an individual enshrined in section 27 of the indian contract act, 1872 (in short `contract act') read with section 14 and section 41 of the specific relief act, 1963 (in short `specific relief act') in that it purports to fetter the same by the imposition of conditions such as the provision of security 6. after ..... is to the order passed by a learned single judge of the delhi high court. by the impugned judgment the high court held as follows: 1. in respect of this contract awarded by tui-nordic to across india, across india shall file its statement of account every month giving the income/receipts and expenditure on the said project (2) it shall ..... the appellant is as follows: the respondent no. l filed a petition before the company law board under sections 398, 402, 403, 235 and 237 of the companies act, 1956 (in short the `act') alleging inter alia, diversion of corporate opportunity by the appellant herein. the company law board vide its order dated 09.06.2005 held that it prima facie finds .....

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Jan 28 2009 (SC)

Oriental Insurance Co. Ltd. Vs. Prem Printing Press

Court : Supreme Court of India

Decided on : Jan-28-2009

..... rejected the matter on the basis of their earlier view holding the concerned clause 7 in the policy to be void after the interpretation of section 28 of the contract act, 1872 ( for short `the act').2. learned counsel appearing for the appellant, shri mehra, tried to persuade us on the basis of few cases that the view taken on the interpretation of section ..... from this angle, the order of the national commission need not be interfered with. we, therefore, find it not necessary to go into the question of section 28 of the contract act. be that as it may, we find that the matter has no bearing, no merit and the appeal is, accordingly, dismissed.

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Oct 28 2009 (SC)

H.B. Basavaraj (Dead) by Lrs. and anr. Vs. Canara Bank and ors.

Court : Supreme Court of India

Decided on : Oct-28-2009

Reported in : 2010(1)KarLJ588; 2009(13)SCALE474; 2009AIRSCW7567

..... appellant basavaraj (since deceased) and the bank would clearly show it to be one of a continuing guarantee. section 129 of the indian contract act, 1872 (hereinafter referred to as 'the act') defines a continuing guarantee as 'a guarantee which extends to a series of transactions is called a 'continuing guarantee'.' section 130 of the ..... : however, the high court failed to consider that lst was liable to repay the loan on the principle of section 70 of the contract act inasmuch as it was lst who had been benefited from the loan, which jknp had secured. section 70 of the ..... bar namely satyabrata ghose v. muneeram bangur & co. 1954 scr 310 which deals with the doctrine of frustration and the scope of section 56 of the act as well as 'impossible contracts' and also in indian finance corporation of india ltd. v. cannanore weaving and spinning mills ltd. : 2002(5) scc 54 at page 71 ( ..... another loan against the very same property which had been hypothecated also for the first loan. alteration or variation in the terms of a contract under section 62 of the act implies that both parties have voluntarily agreed to the change in the terms of the agreement. in this case however, as can be gathered ..... 143 which reads as follows: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 is shown that such an agreement is in the circumstances of the particular case .....

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Aug 11 2009 (HC)

Y.K. Sethi Vs. Basf India Limited and ors.

Court : Delhi

Decided on : Aug-11-2009

Reported in : (2010)ILLJ493Del

..... been unable to show that clause 8 of the appointment letter dated 11th july 1997 is opposed to public policy and is therefore violative of section 23 of the indian contract act, 1872. the burden on the plaintiff to show that clause 8 is opposed to public policy cannot be discharged by a mere averment that the defendant had prevailed upon the plaintiff ..... clause 8 of the appointment letter dated 11th july 1997 is null and void in view of section 23 of the indian contract act, 1872. the court further directed that this issue should be treated as a preliminary issue. the submissions of counsel for the parties have been heard on this issue. 4. counsel for ..... permitted the plaintiff to amend the prayer clause for a declaration that clause 8 of the appointment letter dated 11th july 1997 is void under section 23 of the indian contract act, 1872 and article 14 of the constitution of india. 3. after completion of pleadings, this court by an order dated 26th november 2008 framed the issues. the first issue was whether ..... : (1986) 3 scc 156, it is submitted that the said clause 8 is opposed to public policy and therefore violates section 23 of the indian contract act, 1872. reference is also made to section 14 of that act which defines `free consent. it is submitted that in the context of the present case the consent of the plaintiff was given on account of the .....

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Apr 13 2009 (HC)

Tci Distribution Centers Vs. Official Liquidator

Court : Chennai

Decided on : Apr-13-2009

Reported in : (2009)8MLJ1238

..... correct in holding that there was no mutual mistake so as to render the agreement void ab initio under section 20 of the contract act.22. section 20 of the indian contract act, 1872 provides that where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, ..... title in the lands in question and no cause for the applicant's grievance in this behalf will survive.relying on section 20 of the indian contract act, 1872, it was submitted by learned counsel for the applicant that since the applicant had submitted their bid under a mistake as to a matter of ..... purchaser then certainly the latter would have an independent right of action to recover the purchase-money.49. while considering section 20 of the indian contract act, 1872, in respect of the mistake of one of the parties as to the fact regarding the nature of the company's interest in the lands, ..... also taken the view that the sale can be rescinded at the instance of the auction-purchaser on the ground of mistake. section 20 of the contract act lays down that where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is ..... buyers were to satisfy themselves about the condition of the property.17.9. the learned senior counsel would also rely upon section 18 of the indian contract act to show that there is no misrepresentation or fraud committed by the official liquidator in any of the proceedings before sale was effected. he would .....

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Sep 30 2009 (HC)

P. Velumani Vs. K.A. Noorjahan Son of M.M. Ahmed HussaIn and

Court : Chennai

Decided on : Sep-30-2009

Reported in : (2009)8MLJ161

..... ipso facto disentitle him to get a decree for specific performance as per decision debendra nath mandal v. sakhilal kar : air 1950 calcutta 526.98. section 54 of the indian contract act 1872, refers to a contract of reciprocal promises, such that one cannot be performed or its performance cannot be claimed different the other has been performed. indeed, a validly entered into ..... laid it down that a man who never be allowed to mean what he says, in the considered opinion of this court.100. as per section 58 of the indian contract act 1872, in the case of an alternative promise one branch of it which is legal and other illegal, the legal branch alone can be enforced. if a ..... part of the contract but one party cannot insist on the other performing his promise without himself performing what he has agreed to do as per ..... not persuaded to sustain the contention that the time is the essence of the contract in the light of the law laid down by the apex court in the recent reported decision.96. one cannot brush aside an important fact that as per section 51 of the indian contract act, 1872 if promises which reciprocals each one has always the option to perform his .....

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Feb 17 2009 (SC)

Sneh Gupta Vs. Devi Sarup and ors.

Court : Supreme Court of India

Decided on : Feb-17-2009

Reported in : 2009(2)AWC1552(SC); 2010(1)MhLJ293(SC); (2009)6SCC194; 2009(2)JT641.

..... the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment.explanation.--an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule.19. it is not a case where the original plaintiff applied for withdrawal of the suit ..... incorporated. the distinction sought to be made by the learned counsel between section 27 of the specific relief act, 1877 and section 19 of the 1963 act is not of much significance. under the 1877 act, not only ratification and adoption of the contract was mandatory, such contract was to be warranted by the terms of the incorporation. the words 'ratified and adopted' have been ..... company has accepted the contract and communicated such acceptance to the other party of the contract. an express ratification of the contract, therefore, is no longer warranted. in view of the fact that the company, in the suit filed ..... dropped from the main section and in section 19 of the 1963 act, a proviso has been added that the .....

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Feb 23 2009 (SC)

S.K. JaIn Vs. State of Haryana and anr.

Court : Supreme Court of India

Decided on : Feb-23-2009

Reported in : JT2009(7)SC128; 2009(4)MhLJ719(SC); 2009(3)SCALE236; (2009)4SCC357; 2009AIRSCW1934; 2009(3)LHSC2031

..... petition. additionally, it is submitted that the true effect of sections 31(8) and 38 of the act has not been kept in view. it is also submitted that the contract is in conflict with sections 23 and 28 of the indian contract act, 1872 (in short the `contract act').5. learned counsel for the respondents on the other hand supported the judgment of the high court ..... licensees will undertake no obligation to lift all those stocks even if the state suffers loss. this one-sided obligation, in modification of express terms of the contract, in the name of duty to act fairly, is what we are unable to appreciate. the decisions cited by the learned counsel for the licensees do not support their proposition. in dwarkadas marfatia v ..... stated as follows:26. learned counsel for respondents then submitted that doctrine of fairness and reasonableness must be read into contracts to which state is a party. it is submitted that the state cannot act unreasonably or unfairly even while acting under a contract involving state power. now, let us see, what is the purpose for which this argument is addressed and what is ..... that if the state is not able to so supply, it would be unreasonable on its part to demand the full amount due to it under the contract. in short, the duty to act fairly is sought to be imported into the contract to modify and alter its terms and to create an obligation upon the state which is not there in the .....

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