Court : Gujarat
Decided on : Jan-28-2011
..... issued. he has also submitted hat it was an agricultural land and there could not be any sale of the agricultural land without permission under the tenancy act. he submitted that sec. 23 of the contract act would also be attracted as agricultural land would get converted into non-agricultural land after following the procedure and getting the permission. he therefore submitted that ..... of justice.37. as discussed hereinabove, by allowing such application, the rights of the petitioner are not affected to pursue the remedy with regard to specific performance of the contract and therefore no prejudice can be said to have been caused. therefore, it would not be proper to interfere with the impugned judgment and order in exercise of revisional jurisdiction ..... wile considering the equities also, the application which has been granted would balance the rival claims leaving it open to be decided with regard to the specific performance of the contract which is claimed by the petitioner herein and ultimately if he succeeds, the respondents who are transferees will be bound by the claim which the predecessor in title (transferor) ..... permitted the respondents to step in the shoes of the vendor and, still, the right of the petitioner is not affected as he has claimed specific performance of the original contract which, if established, the respondents would be bound as successor of the original vendor. on the other hand, if the application is not granted, the respondents bona fide purchasers .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-18-2011
..... acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to ..... as a concealment or false representation through a statement or conduct that injures another who relies on it in acting. (vide the black's law dictionary). any conduct involving deceit resulting in injury, loss or damage to some one is fraud. 13. section 17 of the indian contract act, 1872 defines `fraud' thus: 17. `fraud' defined.-`fraud' means and includes any of the following ..... to give their version, which leads to an adverse inference that if the defendants had examined themselves, their evidence would have been unfavourable to them (vide section 114 of evidence act, 1872 read with illustration (g) thereto). they however examined five witnesses : c.b. sharma, the arbitrator, was examined as dw-1; ram kumar, their power of attorney holder was examined as ..... induce him to enter into the contract : (1) the suggestion, as a fact, of that which is not true, by one who .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-2011
Reported in : 2012(1)KLT15(SN); 2012(1)LW705; 2012(3)MLJ141; AIR2012SCW822; 2012(3)SCJ314
..... causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction. 29. savings - (1) nothing in this act shall affect section 25 of the indian contract act,1872. ( 9 of 1872). (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the ..... and prescription of special limitation for filing appeals under sections 111 and 125 is to ensure that disputes emanating from the operation and implementation of different provisions of the electricity act are expeditiously decided by an expert body and no court, except this court, may entertain challenge to the decision or order of the tribunal. the exclusion of the ..... days' period. 15. in consolidated engineering enterprises v. principal secretary, irrigation department and others (supra), a three-judge bench again considered section 34(3) of the arbitration and conciliation act, 1996. j.m. panchal, j., speaking for himself and balakrishnan, c.j., referred to the relevant provisions and observed: ....when any special statute prescribes certain period of limitation as ..... bench of the bombay high court whereby the applications filed by the appellants for condonation of delay in filing appeals under section 35 of the foreign exchange management act, 1999 (for short, `the act') were dismissed along with the appeals filed against order dated 2.8.2007 passed by the appellate tribunal for foreign exchange (for short, `the appellate tribunal'). .....Tag this Judgment!
Court : Delhi
Decided on : Sep-15-2011
..... is a sham, nominal and merely a camouflage, when there is no prohibition notification under section 10(1) of the clra act. 36. but where there is no abolition of contract labour under section 10 of the clra act, but the contract labour contend that the contract between the principal employer and the contractor is sham and nominal, the remedy is purely under the id ..... and the agreement is sham, nominal and merely a camouflage, even when there is no order under section 10(1) of the clra act. 37. the industrial adjudicator can grant the relief sought if it finds that contract between the principal employer and the contractor is sham, nominal and merely a camouflage to deny employment benefits to the employer and that there ..... never brought on record. learned counsel for the appellants has also submitted that they had applied for information under the right to information act, 2005 and central information commission has recorded that the agreements/contracts between the respondent management and lakshmi chand and sons have not been located and the public information officer has been directed to file a police complaint stating ..... work should be done, in short, who has direction and control over the employee. but where there is no notification under section 10 of the clra act and where it is not proved in the industrial adjudication that the contract was a sham/nominal and camouflage, then the question of directing the principal employer to absorb or regularise the services of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-11-2011
Reported in : (2012)1SCC656; AIR2012SC206; (2012)340ITR1
..... done by the donor. a power of attorney is, as is well known, a document of convenience.execution of a power of attorney in terms of the provisions of the contract act as also the powers-of-attorney act is valid. a power of attorney, we have noticed hereinbefore, is executed by the donor so as to enable the donee to ..... nehata - 2005 (12) scc 77, this court held :a grant of power of attorney is essentially governed by chapter x of the contract act. by reason of a deed of power of attorney, an agent is formally appointed to act for the principal in one transaction or a series of transactions or to manage the affairs of the principal generally conferring necessary authority ..... process of verification and certification of title easier and simpler. it reduces disputes and litigations to a large extent.scope of an agreement of sale11. section 54 of tp act makes it clear that a contract of sale, that is, an agreement of sale does not, of itself, create any interest in or charge on such property. this court in narandas karsondas v ..... place on terms settled between the parties.it does not, of itself, create any interest in or charge on such property. section 53a of the tp act defines `part performance' thus : part performance. - where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can .....Tag this Judgment!
Court : Delhi
Decided on : Nov-21-2011
..... interactive (india) private limited v. bharat sanchar nigam limited 2005 (4) raj 585 (del), explained that an entity of state could not be seen to be acting arbitrarily or unreasonably even in the realm of contract and that in appropriate cases this court would grant such interim relief. according to him, this was one such case. referring to the correspondence exchanged between ..... case and the matter must be decided strictly in the realm of private law rights governed by the general law relating to contracts with reference to the provisions of the specific relief act providing for non-enforceability of certain types of contracts." on the facts of that case it was held that (scc, p.542) "granting the relief of restoration of the ..... in view of the legal bar under section 14 (1) (c) read with section 41 (e) of the specific relief act 1963 (sra), the court would normally not be inclined to grant any interim stay of the order terminating the contract which by its very nature was determinable, this court had in several decisions including pioneer publicity corporation v. delhi transport corporation ..... . this is a petition under section 9 of the arbitration & conciliation act, 1996 (act) by vf services (uk) limited having its office in london seeking a stay of the operation of a letter dated 8th august 2011 issued by the embassy of government of india at netherlands, terminating the visa outsourcing contract [voc] dated 26th november 2010 entered into between the embassy of .....Tag this Judgment!
Court : Delhi
Decided on : Apr-20-2011
..... altered or modified. they cannot, however, be done unilaterally unless there exists any provision either in contract itself or in law. novation of contract in terms of section 60 of the contract act must precede the contract making process. the parties thereto must be ad idem so far as the terms and conditions are ..... carefully take note of the same "23. thus, on one hand learned counsel for the appellant would vehemently contend that there was a concluded contract and on the other, the learned counsel for the respondent would submit that there was a change in the policy, regard being had to the ..... that the hand-written office note pertaining to decision to allot one flat each, lacks genuineness and, in any case, it cannot override the contract entered into with the appellant. the last plank of submission of learned counsel for the appellant is that in any case the appellant is entitled ..... allot one flat to one entrepreneur was not given any kind of publicity and nothing was ever communicated and, therefore, there is a concluded contract between the parties, which has to prevail and the respondent cannot be permitted to wriggle out of the same. learned counsel would vehemently contend ..... concerned. if dda, acontracting party, intended to alter or modify the terms of contract, it was obligatory on .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-07-2011
..... in the recent judgment of the supreme court reported in ashokan v. cce3, the scope of section 74 of contract act and the criteria for grant of compensation under section 74 of the act was considered referring to all the earlier judgments on this aspect. the power of the court to grant reasonable compensation ..... connection, it is useful to refer the section 74 of the contract act (for short "the act"), which is as follows: 74. compensation for breach of contract where penalty stipulated for:- 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, ..... 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 ..... 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 ..... or if the contract contains any other stipulation by way of penalty, .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Jun-03-2011
..... to be unsustainable. in jagad bandhu chatterjee v. smt. nilima rani and ors. jairborthan, 1969(3) scc 445, the supreme court invoked the provisions of section 63 of the indian contract act in terms whereof a promisee may dispense with the performance of the promise made to him or he can accept, instead of it any satisfaction of the ..... to be given in so many words. under certain circumstances, offerees silence, coupled with his conduct, which takes the form of a positive act, may constitute an acceptancean agreement sub silentio. therefore, the terms of a contract between the parties can be proved not only by their words but also by their conduct. 20. the conduct of the parties, as evidenced ..... , it must be clear and unequivocal; secondly, the other party must have altered his position in reliance on it, or at least acted on it. 22-050 burden of proof. it is for the party seeking to terminate the contract to prove the existence of the facts which justify the exercise of his contractual right to terminate. paragraph 2-069 which was ..... held to have occurred if, without any request, one party represents to the other that he will forbear to enforce or rely on a term of the contract to be performed or observed by the other party, and the other party acts in reliance on that representation.23-043 consideration for waiver. a waiver is also distinguishable from a variation of a .....Tag this Judgment!
Court : Chennai
Decided on : Feb-01-2011
..... appellants/plaintiffs kept quiet all along and further they never whispered even a word that they were ready and willing to perform their part of the contract as per section 16(c) of the specific relief act. the appellants/plaintiffs could have very well filed the present suit even after the disposal of o.s.no.3249 of 2004, which ended in ..... court any money except when so directed by the court;(ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction."15. section 16 of the specific relief act deals with as to what are the obligations the appellants/plaintiffs has to comply with reference to the plea and whether the plea of ..... they have not averred the same in the plaint.14. at this juncture, it is appropriate to incorporate section 16 of the specific relief act, as follows:"section 16: personal bars to relief: specific performance of a contract cannot be enforced in favour of a person--(a) who would not be entitled to recover compensation for its breach; or(b) who has ..... become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or (c) who fails to aver and prove that he has performed or has always .....Tag this Judgment!