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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 2011 Page 1 of about 4,001 results (0.160 seconds)

Aug 30 2011 (HC)

C.Chandrasekaran Vs. R.Srinivasan

Court : Chennai

Decided on : Aug-30-2011

..... , it would be more useful to look into section 56 of the indian contract act, 1872 and the same reads as follows: 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 of some event which the ..... has created self-induced frustration and the same cannot be construed as a frustration under section 56 of the indian contract act, 1872. 32. as stated in many places, the only reason given on the side of the plaintiff for not performing the contract as mentioned in ex.a1 is that the defendant has failed to discharge mortgage debt. neither in ex.a1 nor ..... poriaswami nadar), wherein the honourable apex court has dealt with section 56 of the indian contract act, 1872 and ultimately observed that doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the indian ..... the honourable apex court has held that provision of section 56 of the indian contract act, 1872 cannot apply to a case of self-induced frustration. in other words, the doctrine of frustration of contract cannot apply where the event which is alleged to have frustrated the contract arises from the act or election of a party. 31. even at the risk of repetition the .....

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Aug 04 2011 (SC)

Bakshi Dev Raj and anr Vs. Sudheer Kumar

Court : Supreme Court of India

Decided on : Aug-04-2011

..... , 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. 9) the very same rule was considered by this court in ..... that the concession given by the counsel for the appellants before the high court was not lawful and in violation of section 23 of the indian contract act, 1872 and that the second appeal was disposed of without hearing on substantial questions of law framed by the court, the appellants filed review petition (c ..... of rs.40,000/- paid by him by way of earnest money, alleging that he was in breach of the contract dated 04.06.1979 entered into between colonel sukhdev singh, acting as guardian of the appellant, then a minor, and the respondent, for the sale of residential house no. 1577, ..... undue delay, loss and inconvenience, especially in the case of non- resident persons. it has always been universally understood that a party can always act by his duly authorised representative. if a power-of-attorney holder can enter into an agreement or compromise on behalf of his principal, so can ..... traditionally recognised role of counsel in the common law system, and the evil sought to be remedied by parliament by the c.p.c. (amendment) act, 1976, namely, attainment of certainty and expeditious disposal of cases by reducing the terms of compromise to writing signed by the parties, and allowing the .....

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Jul 04 2011 (SC)

Saradamani Kandappan Vs. S. Rajalakshmi and ors.

Court : Supreme Court of India

Decided on : Jul-04-2011

..... contract in which time is essential. said section is extracted below : section 55. effect of failure ..... purchaser about their title, and the purchaser is ready and willing to perform the contract, the termination of the agreement of sale by the vendors is illegal and amounts to breach of contract. they submit that high court had failed to apply section 55 of the contract act, 1872. section 55 of contract act deals with the effect of failure to perform at a fixed time, in ..... to perform at a fixed time, in contract in which time is essential.-- when a party to a ..... the names of her nominees. the sale deed had to be executed only after payment of complete sale consideration within the time stipulated. in these circumstances, section 52 of the contract act does not help the appellant but actually supports the vendors-respondents. re: question (iii) 38. learned counsel for the appellant next submitted that the lands belonging to the first respondent .....

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Aug 17 2011 (SC)

State of Haryana and ors. Vs. Ms Malik Traders

Court : Supreme Court of India

Decided on : Aug-17-2011

..... petitioner not honouring the commitment. however, we cannot agree with the view taken by the high court. it is true that as per section 5 of the indian contract act, 1872 (hereinafter referred to as the act ), a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer. it is also true that before receipt ..... bank guarantee and/or enforcing the bid security, there is no statutory right, exercise of which was being fettered. there is no term in the contract which is contrary to the provisions of the indian contract act. the indian contract act merely provides that a person can withdraw his offer before its acceptance. but withdrawal of an offer, before it is accepted, is a completely ..... to claim that the earnest/security be returned to him. forfeiture of such earnest/security, in no way, affects any statutory right under the indian contract act. such earnest/security is given and taken to ensure that a contract comes into existence. it would be an anomalous situation that a person who, by his own conduct, precludes the coming into existence of the ..... .: (a) whether the forfeiture of security deposit was without authority of law and without any binding contract between the parties and also contrary to section 5 of the contract act; and (b) whether the writ petition was maintainable in a claim arising out of a breach of contract. without considering question (b), the high court allowed the writ petition on the ground that the .....

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Aug 04 2011 (HC)

Surender Malhotra Vs.Agricultural Products Market Committee and ors

Court : Delhi

Decided on : Aug-04-2011

..... filed i.e. of the gpa coming to an end on the demise of the father of the petitioner, is contrary to law i.e. section 202 of the indian contract act, 1872. the power of attorney, from a reading thereof appears to be for consideration. the division bench of this court in asha m. jain v. the canara bank manu/de/1304 .....

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Aug 29 2011 (HC)

Gtl Limited Vs. Ifci Ltd. and ors.

Court : Delhi

Decided on : Aug-29-2011

..... 92 where it has been held that the party cannot take the position that is not present in its pleadings. 40. section 172 of the indian contract act, 1872 wherein the "bailment" is defined, the same is reproduced here under:- "172. pledge, pawnor and pawnee defined - the bailment of goods as ..... amount. 4) mr. singh, learned senior counsel argued that assuming that even if there is a violation of section 176 of the indian contract act, 1872 the plaintiff is no person to challenge the same. 5) mr. singh, learned senior counsel submitted that the plaintiff was aware that the ..... the parties by agreeing otherwise cannot waive the mandatory provisions of the law. thus, the said stipulation agreeing beyond section 176 of the indian contract act, 1872 is against law and public policy. 29. learned senior counsel for the plaintiff submitted that in order to secure interest of the plaintiff in ..... invocation of the pledge by the defendant no. 1 has to be in accordance with the law and principles envisaged under the indian contract act, 1872. it is submitted that the illegal invocation of the pledge and consequently unilateral sale to itself tantamount to forfeiture which impermissible under the law ..... has a special right in the pledged goods whereas the general ownership remains with the owner. the second part of section 176 of the contract act, 1872 mandates that the pledged security cannot be appropriated and a pawnee has no right to foreclosure since he never possesses the absolute ownership at .....

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Oct 12 2011 (SC)

Phulchand Exports Ltd. Vs. Ooo Patriot

Court : Supreme Court of India

Decided on : Oct-12-2011

..... (for short, `1872 act') and being unconscionable bargain is void under section 23 of the 1872 act and, therefore, enforcement of the subject award by the indian courts is contrary to `public policy of india'. he relied upon two decisions ..... act'). 3 1969 (2) scc 554 15. learned senior counsel also submitted that the stipulation in clause 4, in case the goods don't arrive the customs area of russian federation within 180 days from the date of payment the transferred amount is to be reimbursed to the buyers' account amounts to penalty within the meaning of section 74 of the contract act, 1872 ..... would be contrary to public policy of india. 26. section 73 of the 1872 act provides for compensation for loss or damage caused by breach of contract and section 74 makes a provision for compensation for breach of contract where penalty is stipulated for. these two sections - 73 and 74 - of the 1872 act read as under: 73. compensation for loss or damage caused by breach ..... breach and does not comprehend covenants under which amounts paid or property delivered under the contract, which by the terms of the contract expressly or by clear implication are liable to be forfeited. 29. in the case of maula bux3 while dealing with section 74 of the 1872 act, this court was concerned with the case of forfeiture of the amount of deposit. it .....

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May 30 2011 (HC)

Mr. G.A.Mansoor Alam Khan, Son of G.Abdul Gafoor Khan. Vs. State Bank ...

Court : Karnataka

Decided on : May-30-2011

..... the supreme court in the state bank of saurashtra's case (supra) was rendered on the strength of the protection afforded to a surety under section 141 of the indian contract act, 1872. we have held hereinabove, that the aforesaid provision is inapplicable to the controversy in hand. keeping in mind the factual position canvassed before us. we are satisfied, that the judgment ..... advanced at the hands of the learned counsel for the petitioner, based on the provisions of the indian contract act. 1872, cannot be of any assistance to the petitioner. 6. insofar as the reliance on the judgment rendered by the supreme court in state bank of saurashtras case (supra) is concerned ..... which exisid against the principal debtor, other than the guarantee executed by the petitioner. it is only on such omission, that under the mandate of section 141 of the indian contract act, 1872, the surety's rights can stand protected. no such foundational facts have been brought to our notice. in the aforesaid view of the matter, we are satisfied, that the contention ..... hands of the learned counsel for the petitioner, it is not possible for us to accept the proposition canvassed at his hands. a perusal of section 139 of the indian contract act, 1872 relied upon by the petitioner reveals, that omission at the hands of the creditor will discharge the liability of a surety. the aforesaid omission has been defined as, an omission .....

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Nov 09 2011 (HC)

Bhuley Singh Vs. Khazan Singh and ors

Court : Delhi

Decided on : Nov-09-2011

..... is in the negative. such high amounts called earnest money will be in the nature of penalty and thus hit by section 74 of the indian contract act, 1872 in view of fateh chand's case. the principles laid down in fateh chand's case; that forfeiture of a reasonable amount is not penalty but ..... defendants have received rs. 5 lacs and thus no evidence to contradict the terms of a written document is permissible vide section 92 of the indian evidence act, 1872.8. in view of the above, appeal is accepted. impugned judgment and decree is set aside. a decree is passed in favour of the appellant ..... and stipulations by way of penalty.10. section 74 of the indian contract act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where the contract contains any other stipulation by way of penalty. we are in the ..... adjusted in the light of section 74 of the indian contract act, which in its material part provides:-"when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the ..... compensation as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation according to .....

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Nov 15 2011 (SC)

Leela Hotels Ltd. Vs. Housing and Urban Dev.Corp.Ltd.

Court : Supreme Court of India

Decided on : Nov-15-2011

Reported in : AIR2012SC903; 2012(1)AWC(Supp)39SC; (2012)1MLJ641(SC); 2011(12)SCALE573; (2012)1SCC302

..... it must be presumed that it had the consent of the appellant and hence was covered by the provisions of sections 59 and 60 of the indian contract act, 1872.30. regarding the question as to whether the award of the learned arbitrator tantamounts to a decree or not, the language used in section 36 of ..... on account of such default, by way of elimination of the principal amount due itself, unless, of course, the provisions of section 59 of the indian contract act, 1872, were attracted or there was a separate agreement between the parties in that regard. that is not so in the instant case and, accordingly, the creditor ..... , the submissions made by the learned asg on behalf of hudco was based on the proposition as contained in sections 59 and 60 of the indian contract act, 1872, on account of the stipulation recorded on behalf of hudco that the amount of rs.89.78 crores was being tendered towards the principal sum, to ..... .s. ltd. vs. smithaben h. patel & ors. [(1999) 3 scc 80], wherein, this court had held that sections 59 and 60 of the contract act, 1872, would only be applicable at the pre-decretal stage and not thereafter and that post-decretal payments would have to be made either in terms of the decree ..... single judge and there is no pleading in support thereof. mr. desai also urged that the provisions of sections 59 and 60 of the indian contract act would also have no application to the facts of this case since they only applied in regard to distinct debts and not for enforcing a decree .....

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