Court : Mumbai
Decided on : Nov-09-2011
..... suraj sanghi finance limited vs. credential finance limited and others (supra) wherein the learned single judge held that under section 176 of the indian contract act, 1872, the plaintiff has the right to retain the pledged goods, until such time the defendant makes payment, and then only need return the pledged goods ..... limited and others, reported in 2002 (supp.2) bom. c.r. 316, wherein it is held that under section 176 of the indian contract act, 1872, the plaintiff has the right to retain the pledged goods until such time the defendant makes payment and only then does the plaintiff have to return ..... can be a ground for consideration when leave to defend is to be considered, the right conferred on the plaintiff under section 176 indian contract act, does not whittle down the right to maintain a suit as a summary suit as long as the plaintiff satisfies the court that the ..... recovery of the amount without proceeding against the pledged goods or other collateral securities. this right conferred on the plaintiff under section 176 indian contract act, does not whittle down the right to maintain the suit as a summary suit as long as the plaintiff satisfies the court that the ..... non-payment of call money. it is therefore submitted that the defendant has suffered severe financial losses. the defendant has submitted that where a contract contemplates reciprocal promises and in view thereof the defendant has raised an issue of maintainability of the summary suit, the defendant is entitled to .....Tag this Judgment!
Court : Delhi
Decided on : Dec-05-2011
..... and there need not be any privity of consideration. 9. we highlight the definition of consideration as per clause (d) of section 2 of the indian contract act 1872. it reads as under:- "2.(d) when at the desire of the promisor, the promise or any other person has done or abstained from doing, ..... which he deposed facts in sync with the written statement. 33. the learned single judge has thus correctly opined that the plaintiff has failed to prove any contract with defendant no.1, much less at delhi and thus qua defendants no.1 to 3, no cause of action had accrued, much less at delhi ..... . that apart, the answers of sh.sandeep phookan and sh.sanjay mittal show the hollowness of their claim. the former who claimed that the oral contract between the plaintiff and defendant no.1 was concluded at delhi failed to even name the persons who took part in the discussions. where and when the ..... third affidavit by way of evidence has to be ignored. 25. during cross-examination, sandeep phookan pw-1 admitted the following:- "(a) there was no written contract executed for supply of cotton to the plaintiff company by defendants 1 to 3 (vol. but it was a verbal agreement and that is how mostly the trade ..... in paras 18 and 19 above, relevance of the second document may now be highlighted. 23. whereas dw-1 categorically deposed that it had no contract, understanding or agreement with the plaintiff and that the jural relationship was inter-se defendant no.1 and defendant no.4 and that the payments received .....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 : 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!
Court : Mumbai
Decided on : Sep-02-2011
..... agreement is for treating a patient for consideration. it would, therefore, be an agreement enforceable at law and consequently a contract under section 2 (h) of the indian contract act, 1872. the acceptance by defendant no.1 as the promissee has to the absolute and unqualified under section 7 (1) of the ..... act and be expressed in some usual and reasonable manner under section 7 (2) of the act. the relevant portion of section 7 which runs thus ..... of this day ! 89.to understand the position of the original plaintiffs and defendant no.1 as contracting parties, it would be best to understand the first principles laid down in the contract act. it need not detain us to accept that the original plaintiffs as promisors made the proposal to defendant ..... medical condition of the patient and to direct defendant no.2 to stitch her up. 66.even the admitted performance of the contract accepted by him was not performed. this act would show total nonperformance of his promise as a promisee even to be around or to be available, if needed. this ..... by himself since he was, in the opinion of the original plaintiffs the best oncology surgeon at the relevant time whom they had specifically contracted with. upon the complete nonperformance by defendant no.1 of performing surgery or treating the original plaintiff no.2 the plaintiffs claim that bh .....Tag this Judgment!
Court : Chennai
Decided on : Dec-08-2011
..... the contract fixes an amount to be paid in case of its breach, and (ii) where the contract provides for any other stipulation by way of ..... called as a no contest clause, that is designed to threaten a contracting party, so that the party honours his obligations duly and promptly. 38. the enforceability of such a clause in a contract is to be traced to section 74 of the contract act, 1872. section 74 speaks of two types of cases, namely, (i) where ..... category of cases covered by section 74 of the contract act. this is for two reasons, namely, (a) that the quantum is unconscionably huge that in a period of 200 days, the ground rent will exceed ..... chand, that duty not to enforce the penalty clause, but only to award reasonable compensation is statutorily imposed upon courts by section 74 of the indian contract act. 41. the stipulation for payment of ground rent, as pointed out earlier, is only a stipulation in the nature of penalty, falling under the second ..... on the part of the petitioner in cutting and removing the material. this could be done by them in terms of section 74 of the contract act. but, when they do so, they must prove the sufferance of actual legal injury. if and when they file a suit, the prescription of 0 .....Tag this Judgment!
Court : Chennai
Decided on : Aug-05-2011
..... order passed by the respondent, on the ground that the order is prima facie without jurisdiction, as the respondent has no right under section 171 of the indian contract act, 1872, to invoke the general lien, as it is neither a banker, factor, wharfinger, attorney of a high court or policy broker. 20. this contention of ..... ready on 07.11.2006 itself, where was the occasion to issue a second work order dated 15.12.2006. 30. according to the provisions of the contract act, acceptance is only complete when it is received by the offerer. therefore, there was no valid offer on the date, when the letter of acceptance was ..... the hon'ble supreme court has been pleased to lay down, that the port trust constituted under the major port trust act is a wharfinger, and can exercise general lien under section 171 of the contract act. the hon'ble supreme court has laid down, that no restricted meaning can be given to section 171 of the ..... contract act. 21. the other ground of challenge by the learned counsel for the petitioner, is that the action of the respondent is totally arbitrary, ..... the respondent, is that under general lien, they could retain that amount, and adjust towards forfeiture of emd, on failure of the petitioner, to execute the contract and comply with the security after its offer was accepted. 23. however, the learned counsel for the petitioner contends, that this could only be done, if .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-2011
..... the suit has abated as a whole i.e. against defendant no. 2 as well. 4 section 134 of the indian contract act, 1872 (hereinafter referred to as the said act) reads as follows:- "134. discharge of surety by release or discharge of principal debtor.- the surety is discharged by any ..... the suit against the guarantor would not arise. claim against the guarantor was not divisible; it was not an independent claim. section 134 of the indian contract act was applicable; surety stood discharged. 9 in air 1996 sc 1427 sri chand v. m/s jagdish pershad kishan chand, the apex court had held ..... suit against defendant no. 2; it was an independent right; the guarantor could not be discharged. it is pointed out that this is also evident from the contract between the parties. counsel for the appellant has placed reliance upon (1978) 48 comp cas 459 prestige finance p ltd. (in liquidation) v. balwant singh ..... to this factual scenario. in the case of prestige finance a claim petition has been filed by the official liquidator under section 446 of the companies act, 1956 and on summons being issued, it was noted that krishan lal had expired; an application under order 22 rule 4 of the code of ..... contract between the creditor and the principal debtor, by which the principal debtor is released or by any act or omission of the creditor, the legal consequence of which is the discharge of the principal debtor." 4 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-05-2011
..... that the agreement under which money was paid was void because its object was not lawfulvide section 10 and 23 of the indian contract act, 1872. 3. the argument overlooks that under section 65 of the indian contract act, when an agreement is discovered to be void or a contract becomes void, any person which has received any advantage under the such an agreement or ..... contract is bound to restore it or to make compensation for it to the person from who he received it. thus, while the agreement being void ..... and learned counsel for the respondent. 2. the argument of the learned counsel for the petitioner is that in view of the explanation in section 138 of the negotiable instrument act only a debt or liability which is legally enforceable can form a subject matter of the dishonour of a cheque. he submits that in this case, the money for which .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-15-2011
..... facie, the contention appears to be plausible but on construction and conspectus of the provisions of the act we think that the contention is not well founded. parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure, i.e., to avail of right of civil action ..... in a competent court of civil jurisdiction. nonetheless, the act provides the additional remedy. 27) in state of karnataka vs. vishwa bharathi house ..... legal infirmity in the national commission exercising its jurisdiction, as the same can be considered a court within the territory of a high contracting party for the purpose of rule 29 of the second schedule to the ca act and the warsaw convention. before we conclude on this issue, we may usefully notice a three judge bench decision of this court in ..... therein. however, a service hired or availed, which does not cost anything or can be said free of charge, or under a contract of personal service, is not included within the meaning of service for the purposes of the cp act.30) in skypak couriers ltd. v. tata chemicals ltd., (2000) 5 scc 294, this court observed: 2. with the industrial revolution .....Tag this Judgment!