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 : Delhi
Decided on : May-04-2011
..... not claim higher salary or other attendant benefits would be contrary to law and also against public policy. it would, therefore, be unenforceable in view of section 23 of the contract act, 1872. applying the principle of quantum meruit the supreme court in the case of selvaraj (supra) had held that the employer has to pay to the respondents the emoluments available in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-05-2011
..... principal and held that in view of the provisions of section 230 of the indian contract act 1872 (hereinafter called the `contract act'), an agent is not liable for the acts of a disclosed principal subject to a contract to the contrary. where the relationship of principal and agent is established the agent ..... even by stretch of imagination, the appellant cannot be held to be an `agent' of the central government as defined under section 182 of the contract act. 22. thus, if the aforesaid settled legal principles are applied to the appellant, it becomes evident that appellant is neither the government nor the ..... the corporation, on the other hand, is an autonomous body capable of acquiring, holding and disposing of property and having the power to contract. it may also sue or be sued by its own name and the government does not figure in any litigation to which it is ..... corporation & anr., air 2001 sc 3630 ; and sulochana chandrakant galande v. pune municipal transport & ors., (2010) 8 scc 467). 28. the act 1995 has been brought for providing the acquisition and transfer of the rights, title and interest of the owners in respect of the textile undertakings. respondents had ..... 1926 to toyo poddar cotton mills ltd. (hereinafter called the `poddar mills'). d. the textile undertakings (taking over of management) act, 1983 (hereinafter called `the act 1983') was enacted by the parliament in order to take over the management of 13 textile undertakings including the poddar mills pending their .....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 : Kerala
Decided on : Dec-14-2011
..... to be in the nature of penalty. the law on the question of damages or compensation in such types of contracts is well settled. sections 73 to 75 in chapter vi of the indian contract act, 1872 deal with the consequences of breach of contract. whether it is compensation by way of unliquidated damages falling under section 73 or whether it is compensation by way ..... of liquidated damages falling under section 74 of the contract act or whether it is compensation consequent on anticipatory breach, the claimant ..... will only be entitled to reasonable compensation. in other words, unless actual loss or damage is proved to have resulted on account of the breach of contract or rescission of contract, as the case may be, no amount by way ..... and dredging corporation of india and the materials obtained by the ist respondent by resort to the right to information act would show that both the above contractors engaged by the appellant have not performed the work in accordance with the contracts awarded to them. thus, the appellant by its conduct, had also become disentitled to the discretionary orders of the .....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 : Karnataka
Decided on : Sep-02-2011
..... petitioners claim right, title and interest to the subject land being voided in terms of section 23 of the indian contract act, 1872; that recognizing or encouraging such purchasers even while subject lands are already notified for acquisition under the bda act, is not only to encourage such speculators but transaction being opposed to public policy, no credence should be given to ..... by the writ petitioners, but the writ petitions should be dismissed. 38. it is urged by the learned aga that in terms of provisions of section 23 of the contract act, transaction being opposed to public policy or voided and therefore petitioners do not acquire any title in respect of subject land and such persons should not be heard in ..... notifications issued thereunder; that they being in the position of speculators, who have acquired right, title and interest, notwithstanding issue of notifications under the provisions of the bda act for acquisition of lands, cannot claim any right, title or interest better than the erstwhile owners and if the erstwhile owners themselves have not questioned the notifications or actions ..... quoting the government circular is no assurance to this court. it is precisely because the officials have violated the statutory provisions, rules and regulations by embarking upon overnight demolition acts without proper notice and opportunity to the petitioners, the commissioner of bda and the secretary to government were directed to appear before the court to make them realize the .....Tag this Judgment!
Court : Kerala
Decided on : Sep-27-2011
..... destruction or deterioration of goods of which he has taken charge shall, subject to other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, while sub-section (7) says that after any goods have been taken charge of and a receipt ..... clearly specified therein. 42. as mentioned herein before, the various services to be rendered by the board, are stipulated under section 42 of the mpt act. by virtue of sub-section (3), notwithstanding anything contained in the section, the board may, with the previous sanction of the central government, authorise ..... the goods from the containers pursuing further steps within the stipulated time as provided under section 61 and 62 of the major port trusts act (as enhanced to 75 days as per the relevant tamp orders) while continuing to collect the ground rent charges on the containers from ..... . it was issued as an interim administrative arrangement, also alerting the course to be pursued with reference to section 150(2) of the customs act. 12. sri venkiteshwaran, the learned senior counsel, who led the arguments on behalf of the shipping agents, explaining the various provisions in different ..... the date of clearance, ground rent charges are levied and collected from the importer/consignee and that the port is not legally obliged under any act, rule or regulation to effect an expeditious destuffing of containers immediately on their arrival at the port premises. due to compelling reasons, such as .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-21-2011
..... asserted a pure private law contractual right. in my view, the petitioners, questioning the validity of sbis demand and consequential exercise of its right under s. 171 of the indian contract act, 1872, should be relegated to the civil court for seeking adjudication and determination of all questions pertaining to sbis s. 171 action. i am, however, unable to see how sbi, ..... to recover the amount mentioned in the letter dated 2nd august, 1994 from the maturity value orf the fixed deposits by exercising its rights under section 171 of the indian contract act, 1872. it is further submitted that the writ court did not decide the actual rights and liabilities of the parties to each other and without ascertaining such rights and liabilities of ..... since the writ court has already relegated the demand made by the appellant to the appropriate civil court in exercise of writ petitioners right under section 171 of the indian contract act, 1872. therefore, the writ court cannot direct the appellant to make any payment to the writ petitioners arising out of the transaction without the matter being decided by the appropriate ..... asserted a pure private law contractual right. in my view, the petitioners, questioning the validity of sbis demand and consequential exercise of its right under s. 171 of the indian contract act,1872, should be relegated to the civil court for seeking adjudication and determination of all questions pertaining to sbis s. 171 action. i am, however, unable to see how sbi, .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : May-16-2011
..... consideration unless and until the parties are able to prove that the case falls under section 70 of the contract act, 1872. since the present case does not fall thereunder, the absence of written or formal contract is irrelevant. 3.7. under section 72 of the contract act, 1872, the appellant is entitled to receive the price of the inadvertent power provided to the grid from the ..... not authorize injection of power on behalf of the distribution licensees. 10. the appellant has referred to sections 70 and 72 of the indian contracts act, 1872 which are reproduced below: 70. obligation of person enjoying benefit of non-gratuitous act where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another ..... delivered, by mistake or under coercion, must repay or return it. 11. in our opinion the section 70 and 72 of the indian contracts act, 1872 will not be applicable in the present case. the present case is governed by the electricity act, 2003 which is a complete code in itself. in the electricity grid, the sldc, in accordance with section 32 of the ..... of the appellant to the compensation for the alleged inadvertent injection of power into the grid without any schedule/contract. 6.1. we shall first examine the relevant sections of the act and the regulations. section 32(1) and (2) of the electricity act, 2003 relating to function of the state load dispatch centre (sldc) is reproduced below: 32. functions of state .....Tag this Judgment!