Court : Supreme Court of India
Decided on : Dec-02-2011
Reported in : 2012(1)SCC578; 2012(1)LW372; 2012(1)KLT45SN; 2012(1)SCJ675; 2012(1)ALT49; AIR2012SCW369; 2012(1)KCCR17(SC)(SN)
..... no interference was called for therewith. 26. in a short reply, mr. pradip ghosh submitted that in the instant case there was no violation of section 27 of the indian contract act, 1872, as the injunction sought for was not on trade or business but in respect of use of the trade mark. 27. from the submissions made on behalf of the respective ..... using the trade mark which was the subject matter of dispute. accordingly, the provisions of section 27 of the indian contract act, 1872, would not be attracted to the facts in this case. for the sake of reference, section 27 of the above act is reproduced hereinbelow :- 27. agreement in restraint of trade, void.- every agreement by which any one is restrained from exercising ..... , to enforce the negative covenant contained in the deed of assignment, was contrary to the provisions of section 27 of the indian contract act, 1872, or not, we are inclined to accept mr. ghosh's submissions that the injunction sought for by the appellant was not to restrain the respondent from carrying on trade or ..... , to enforce the negative covenant contained in the deed of assignment, was contrary to the provisions of section 27 of the indian contract act, 1872 and was, therefore, void? 31. as far as the first two questions are concerned, the terms of the deed of assignment clearly indicate that the respondent had of her own .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Sep-06-2011
..... is called the 'principal debtor', and the person to whom the guarantee is given is called the 'creditor'. 20) section 31 of the indian contract act, 1872, defines the contingent contract and the same is reproduced below chapter iii : of contingent contracts "section 31. "contingent contract" defined.- a "contingent contract" is a contract to do or not to do something, if some event, collateral to such ..... of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 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 ..... violation of the terms of the bank guarantees. the contention cannot be accepted. the respondent no.1 is the principal debtor within the meaning of section 126 of the contract act. it is at his instance that the conditional bank guarantees have been furnished by the respondent no.2 bank in favour of the appellant creditor. it is the ..... payable by the respondent no.1 cannot be assessed and claimed. hence, it is a 'contingent contract' as defined under section 31 of the contract act and it becomes enforceable only upon happening of the event specified therein, as per section 32 of the contract act. 23) the question is whether, in fact there is such compliance of the conditions stipulated under .....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 : Delhi
Decided on : Sep-15-2011
..... information, they have proceeded to sell/appropriate the suit shares despite of the fact that there was no breach and in fact, in breach of section 176 of the indian contract act, 1872. the comprehensive detail of the said scheme was mentioned in the earlier suit in para no.2(n) of the plaint which reads as under:- "2(n) given the adverse ..... its intention to sell the invoked shares after giving the reasonable time under the compliance of section 176 of the indian contract act, 1872. it appears that the plaintiffs have not redeemed the said shares under sections 176 & 177 of the indian contract act, 1872 after the receipt of notice, rather they have filed the fresh suit seeking the stay of implementation, operation and effect of ..... own oblique motives and have proceeded to sell/appropriate the suit shares despite the fact that there was no breach and in fact, in breach of section 176 of the contract act. no flow of consideration has even been disclosed. the entire transaction is dhrouded in mystery and in fact is clandestine. it amounts to conversion. in fact, a copy of the ..... ) however, the defendant no.1, now being the pledgee, is therefore, entitled to sell and dispose of the same after issuance of valid notice required under section 176 of the act and the plaintiff or the defendant no.3 would be entitled to redeem the same. in case they fail to redeem the same within the time granted by the defendant .....Tag this Judgment!
Court : Delhi
Decided on : Jul-28-2011
..... foundation in the plaint for invoking clause 4.5 of the shareholders agreement. 28.mr.kapadia invited our attention to section 27 of indian contract act, 1872 (for short 'act') to contend that even otherwise clause 4.5 is void. in support of this submission, he relied upon the judgment of the apex ..... is in restraint of trade, as contained in clause (10) of the service agreement between the parties is void under section 27 of the indian contract act, 1872?, (ii) whether the said restrictive covenant assuming it to be valid, is on its terms enforceable at the instance of the appellant company against ..... therein,; provided that such limits appear to the court reasonable, regard being had to the nature of the business. 30.section 27 of the contract act is general in terms and declares all agreements in restraint void pro tanto except in the case specified in the exception. the observations of sir ..... upon the statute during many years past. in this view of the matter, if we adopt the construction of s.27 of the indian contract act as first suggested by sir richard couch and subsequently affirmed in the cases to which we have referred, a construction which is consistent with ..... of the law, specially as the legislature has deliberately left the provision in s.27, in its original form, though other provisions of the contract act have from time to time been amended. the interference would be almost irresistible under these circumstances, that the courts have rightly ascertained the intention of .....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 : Delhi
Decided on : Aug-29-2011
..... that the said clause (8) read with the order of the termination dated 31st july 1996, was illegal and violative of section 23 of the contract act, 1872 as well as article 21 of the constitution. the respondents prayed for reinstatement with continuity of service. the writ petition was resisted by binny ltd ..... being opposed to the principles of public policy and thus as void and illegal under section 23 of the contract act, 1872. it was emphasized that "if a term of a contract is violated, ordinarily, the remedy is not a writ petition under article 226". the court further observed that "we ..... the contentions of binny ltd. it declared clause (8) of the agreement to be opposed to public policy in terms of section 23 of the contract act. however, the consequential relief of reinstatement and back wages was not granted. reversing the said judgment of the high court, the supreme court observed: ..... it is submitted on behalf of the vsnl (now tcl) that the mere fact that the vsnl has been issued licence under the indian telegraph act will not automatically make it a statutory authority discharging a public function. it is submitted that by that yardstick all private cellular operators functioning in ..... thomas (2003) 10 scc 733. in addition, counsel has relied upon the licences issued for the conduct of telecom activities under the indian telegraph act, 1885 and the rules made thereunder to submit that they underscore the nature of functions performed by vsnl (now tcl) which has to provide mobile .....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 : 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 : Feb-11-2011
..... breach of a contract but where no loss has been occasioned, no question of award of compensation arises. the appellant further ..... is hereby dismissed.7. in this appeal filed under section 39 of the act, similar pleas which were taken before the addl. district judge have been reiterated. it has been submitted that under section 73 & 74 of the indian contract act, 1872, the compensation can only be granted to the other party on account of ..... no order as to costs.26. the aforesaid judgment lays down the law as to how the provision of section 73 & 74 of the contract act are to be interpreted while dealing with clauses providing for pre-estimate of damages in the form of liquidated damages. the discussion by the apex ..... payable to the appellant without proving the damages caused to them. the appellant has relied upon the provisions contained under section 73 & 74 of the contract act to substantiate his arguments.6. the adj rejected the plea of the appellant to set aside the arbitral award and dismissed the petition of the appellant ..... invoking clause 13 of stcc by deducting the said amount out of dues payable was not in violation of section 73 and 74 of the contract act and thus refused to direct the respondents to return the said amount. hence this appeal.2. the learned adj vide impugned order not only .....Tag this Judgment!