Court : Andhra Pradesh
Decided on : Dec-28-2011
..... accepted the same. hence, under section 7 of the contract act once an offer is accepted, it becomes a contract by itself and it is not open for the respondents to deny the contract to the petitioner on the terms which form part of the said contract. therefore, the denial by the respondents in granting contract to the petitioner is clearly arbitrary, irrational and unsustainable.8 ..... . in view of that, the petitioner is entitled to mandamus as prayed for and there shall be a direction to the respondents to complete necessary formalities relating to the contract with the petitioner in terms of their letter dated 25th january 2011 and place necessary work order on the petitioner. as the petitioner has accepted on his own, he shall .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-28-2011
..... the state transport authority of the region in which the applicant resides or has his principal place of business. section 74 of the motor vehicles act regarding the grant of contract carriage act reads as follows:- 74. grant of contract carriage permit:- (1) subject to the provisions of sub-section (3), a regional transport authority may, on an application made to it under section ..... the secretary of ksta can exercise the powers under rule 56 of the k.m.v. rules to discharge the functions under section 68 of the m.v. act? d) whether the contract carriages are operating as stage carriages? e) whether the petitioner ksrtc staff and workers federation is aggrieved person and it has no locus standi to challenge the impugned ..... 23 and 24 of 2005 are dismissed. ii. we hold that section 3 of the karnataka motor vehicles taxation and certain other law (amendment) act, 2003 (karnataka act no.9/2003) repealing the provisions of the karnataka contract carriages (acquisition) act, 1976 is constitutional and to that extent, w.a. nos.170 to 196 of 2009, w.a. nos.5466 to 5503 of 2004 ..... corporation staff and workers federation had locus standi to file that writ petition challenging the constitutional validity of repeal of the karnataka contract carriages (acquisition) act, 1976 by the karnataka motor vehicles taxation and certain other law (amendment) act, 2003 (karnataka act no.9 of 2003) is justified or calls for interference in these appeals? 2. whether the finding of the learned single .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-05-2011
..... as to their liability to the corporation at that particular time. 16. sections 126, 128, 129 and 130 of the contract act, 1872, being relevant, read as follows: 126. contract of guarantee, surety, principal debtor and creditor,- a contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who ..... 1996 showing the outstanding amount in the loan account of the industrial concern to be realized from the guarantors to the loan transaction. guarantors liability depends upon the terms of contract. ex.p-15 being a continuing guarantee, the principal amount being due and payable, the guarantors also remained liable. the guarantors did not repudiate their liability towards the ..... be either oral or written. 128. suretys liability.- the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. 129. continuing guarantee.- a guarantee which extends to a series of transactions is called a continuing guarantee. 130. revocation of continuing guarantee.- a continuing guarantee may at any ..... in the petition filed before the learned district judge at kolar. 3. material facts of the case are: the petitioner is a financial corporation established under section 3 of the act. the 1st respondent is a private limited company, respondents 2 to 7 are its directors. the 1st respondent through its direction, respondents 2 and 3/appellants, came forward .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Chennai
Decided on : Jan-28-2011
..... on failure to perform the work by the given time, the contract would stand terminated without any further act on the part of the parties. even if the time was the essence of the contract, under section 55 of the contract act, 1872 such a contract will not come to an end by itself after the expiry ..... , otherwise, the option to avoid the contract will be deemed ..... to have been waived and the contract subsisting. ..... of the period and the promisee has to terminate it by proper notice as provided in section 66 of the contract act ..... defendants should be ready to delivery the garments at the rate of rs.1,000/- per piece, which is nothing but a clear act of breach of contract and breach of trust. when the garments were ready, there was no necessity for the plaintiff to place orders with others. there was .....Tag this Judgment!
Court : Delhi
Decided on : Jan-17-2011
..... anr. v. state of andhra pradesh, air 1968 sc 599, the supreme court has observed that the compulsion of law is not coercion as defined in section 15 of the contract act, 1872. 35. in siddheshwar sahakari sakahar karkhana ltd. v. cit,(2004) 12 scc 1, the supreme court observed that:the mere fact that the ..... decision. it was some time during the 36 months between 1990 and 1993.26. the period of limitation for filing a suit for specific performance of contract as provided under article 54 of the limitation act, 1963 is three years which is to be calculated from the date fixed for the performance, or, if no such date is fixed, it would be ..... to exercise its discretion to grant the relief for specific performance under the facts and circumstances of the present case as clause 6 of the contract is hit by section 14(c) of the specific relief act, 1963. the prayer sought by the plaintiff in the present suit to pass a decree for specific performance of the agreement in relation to property ..... ' in the repealed s 21(d) was inaccurate and at the suggestion expressed in earlier edition of the book, the word determinable' has been substituted. a contract, which is in its nature revocable, or determinable as described in this act, is not enforceable by specific performance. specific performance is not decreed if the defendant would be entitled to revoke or dissolve a .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Aug-11-2011
..... for the petitioner also relied on the provisions of section 65 of the contract act, 1872 to submit that as the contract became void, the state, having received the advantage under the void contract or agreement, was bound to restore it to the petitioner, who did not carry on the ..... pay in any trading and business transaction and thus falls within the realm of a contract. the learned counsel for the petitioner submitted by relying on the provisions of section 56 of the contract act, 1872 that the contract to deal with liquor became impossible in view of the prohibitory order of the high ..... court and as the petitioner was prevented from carrying on the business in liquor, the contract for that period became void. the learned counsel ..... , we find that the reliance placed on behalf of the licensee on the provisions of section 56 and 65 of the contract act is not well founded. the act and the rules do not permit any recourse to these provisions. since privilege fees are charged by the government for parting with ..... with the privilege by granting a license in favour of the petitioner. according to the learned additional government pleader, the government enters into a contract with the holder of the license for carrying out the trade or business, which exclusively vests in the state government and while conferring the .....Tag this Judgment!
Court : Delhi
Decided on : May-20-2011
..... view was taken in sangramsinh p. gaekwad v. shantadevi p. gaekwad; (2005) 11 scc 314. 22. section 16 of contract act, 1872 defines undue influence as under:- "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 ..... the burden of proving that such contract was not induced by undue influence shall be upon the person in a position to dominate the will of the other. nothing in the sub-section shall affect the provisions of section 111 of the indian evidence act, 1872 (1 of 1872). the onus is on the person ..... holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or (b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) where a person who ..... rule 4 of the cpc held that when a fraud is alleged, the particulars thereof are required to be pleaded. it was observed that when a contract is said to be voidable by reason of any coercion, misrepresentation or fraud, the particulars thereof are required to be pleaded. in ramesh b. desai ..... facts and circumstances of the case before this court. as noted earlier, there is a statutory presumption under section 114 (e) of evidence act that the official acts were regularly performed. therefore, in the absence of any material to the contrary, it must necessarily be presumed that all the rules relating to .....Tag this Judgment!
Court : Chennai
Decided on : Oct-31-2011
..... going through the same, it cannot by any stretch of imagination be said that it is an unsustainable contract and also it cannot be said that it is opposed to public policy as per section 23 of the indian contract act, 1872.25. per contra, ex. a-2 pronote, dated 02.12.1997, is an enforceable one against ..... is not acceptable in view of section 23 of the indian contract act, this court is of the considered opinion that the terms of ex. a-2 pronote, dated 2.12.1997 on ..... ?(4) whether the courts below are right in enforcing the promissory note dated 02.12.1997 despite the fact that such contract is non-enforceable in view of section 23 of the indian contract act?the contentions, discussions and findings on point nos. 1 to 3:11. at the outset, the learned counsel for the ..... procedure enjoins that the rate of current interest and future interest are within the domain of a court of law. the normal rate is that the contract rate of interest must be granted by a court of law at the time of passing of a decree. section 34 of the civil procedure code envisages that ..... act 2003 (tn act no. 38 of 2003) and accordingly, the points 1 to 3 are so answered.the contentions, discussions and findings on point no. 4:24. though a question of law has been framed whether both the courts are right and enforcing the promissory note, dated 02.12.1997, despite the fact that such contract .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-02-2011
..... said question was one of the important questions which fell for consideration, since it had a direct bearing on the question in the light of section 23 of the indian contract act, 1872. mr. giri submitted that the bar to a transfer of a right of spes successionis is not an absolute bar and would be dependent on circumstances such as receipt of ..... opened on the death of the owner of the property. 15. mr. giri contended that any decision to the contrary would offend the provisions of section 23 of the indian contract act, 1872, as being opposed to public policy. mr. giri urged that the principles of mahomedan law in relation to the law as incorporated in the transfer of property ..... conduct which may create an estoppel against claiming the right at a time when the right of inheritance has accrued . it was observed by the learned judges that the contract act and the evidence act would not strictly apply since they did not involve questions arising out of mohammedan law. this court accordingly held that the renunciation of a supposed right, based upon ..... act and the indian contract act, had been considered in great detail by the three-judge bench in gulam abbas's case (supra). learned counsel pointed out that on a conjoint reading of section 6 of .....Tag this Judgment!