Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Jul-11-2011
..... was unequivocally accepted in the following terms :- 50. the acceptance conveyed by the respondent, which has already been extracted ` supra, satisfies the requirements of section 4 of the indian contract act 1872. section 4 reads as under: 4. communication when complete- the communication of an acceptance is complete...as against the acceptor, when it comes to the knowledge of the proposer. ..... matrix involved herein although is not much in controversy, the issues involved herein give rise to some interesting questions of interpretation/application of various provisions of the indian contract act, 1872 (the act), we may briefly notice the factual matrix involved in this matter. 3. the union of india in terms of the provisions of section 4 of the indian telegraph ..... parties relying on or on the basis of the doctrine of special privilege. it is bound by its own policy decision. indian contract act 68. the provisions of the indian contract act, 1872 will, therefore, apply in the matter of formation of contract. we may notice certain provisions thereof. 69. section 2 provides for an interpretation clause. 70. we may notice section 2(b ..... held that the grant of loi and acceptance thereof by the grantee by itself was not sufficient to bring about a concluded contract. the conditions of the definition of contract as contained in section 2 (c) of the contract act, 1872 was required to be fulfilled. 150. if the petitioner and/or its predecessor in interest, in law could not have started .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-16-2011
..... the original terms and conditions of the auction sale, was inserted. this makes the respondent corporation's acceptance conditional acceptance and, therefore, no acceptance under section 7 of the indian contract act, 1872. in support of this submission, reliance is placed on the decision of the orissa high court in the case of vishwa industrial co. limited v/s. mahanandi coal fields limited ..... of the auction sale by order dated 23.03.2007. this is absolutely contrary to all notions of fair play and good faith.iii. under section 7 of the indian contract act, 1872, acceptance of an offer must be absolute and unqualified. a conditional acceptance is no acceptance at all. the petitioners' offer of price for the plots was governed by the ..... for the declaration from this court that the auction of the respondent corporation of inserting / adding the impugned condition as being inconsistent and incompatible with the provisions of the indian contract act, 1872, is violative of constitutional provisions like articles 14, 19 & 21 of the constitution of india and illegal and null and void.3. special civil application no.12867 of 2007 ..... a fundamental variation as it creates additional liabilities and obligations on the petitioners. under section 108 (j) of the transfer of property act, 1882, a right of further transfer to a sub-lessee in absence of a written contract to the contrary is recognized. thus, under the terms and conditions of the auction sale, the petitioner had a right under section .....Tag this Judgment!
Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : Mar-25-2011
..... s.sudha cotton syndicate who have not paid their loans and hence they are entitled to exercise lien u/s.171 of the indian contract act, 1872. the brief point that falls for consideration is whether the banker has general right of lien to retain the gold ornaments pledged for a ..... customer and not goods bailed to them by some other customer. the learned counsel for the appellant/opposite party also relied on section 171 of indian contract act 1872 which reads as follows: 171 general lien of bankers, factors, wharfingers, attorneys and policy brokers- bankers, factors, wharfingers, attorneys of a high ..... is not entitled to retain the gold ornaments of the complainants. the learned counsel for the complainants further relied on section 171 of the contract act, 1872 and submitted that once gold loan had been repaid by guarantor, the bank cannot retain their gold ornaments. therefore, the retention of gold ornaments ..... 2004 orissa 142 in alekha sahoo v. puri urban co-operative bank ltd., and others which the honble high court held as follows: contract act (9 of 1872) s.171 general lien of banker is on security of principal debtor and not guarantor. grant of principal debtor and not guarantor, grant ..... court and policy brokers may, in the absence of a contract to the contrary, retain, as a security for a general balance of account any goods bailed to them; but no other persons have a right .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Mar-31-2011
..... reasons to be recorded, thinks fit to grant such adjournment.] [explanation - an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule;] [3a. bar to suit - no suit shall lie to ..... by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms, of the contract the obligations of the parties have to be performed ..... in a certain sequence, one of the parties to the contract cannot require compliance with ..... the obligations by the other party without in the first instance performing his own part of the contract ..... 2010 to august, 2010. the promises between the parties were reciprocal. in view of the provisions contained in section 52 of the indian contract act, the settlement was a comprehensive but a conditional one. they were required to be performed as expressly stipulated under the mou. the respondent has .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-31-2011
..... the amount so due, the pawnee shall pay over the surplus to the pawnor."(emphasis supplied)39. as per section 176 of the indian contract act, 1872 pawnee is entitled to sell the things pledged on giving the pawner reasonable notice of the sale. in the instant case, under order dated ..... passed in the petition. he therefore submitted that the bank should recover the said amount by following due process of law. section 176 of the indian contract act, 1872 reads as under:-section 176:- pawnee's right where pawnor makes default- "if the pawnor makes default in payment of the debt, or pefrormance, ..... court, after exhaustively considering the earlier judgments dealing with the right of the pledgee in the light of sections 172 to 176 of the indian contract act, 1872 has held that there cannot be any doubt that the rights of the bank over the pawned sugar has precedence over the claims of the ..... the apex court has exhaustively considered the earlier judgments dealing with the right of the pledgee in the light of sections 172 to 176 of the indian contract act, 1872. the apex court considered the following judgments:- (1) lallan prasad v/s.rehmat ali, air 1967 sc 1322, (2) bank of bihar v/ ..... by the kolhapur district central co-operative bank limited (for short "bank), a federal society under the provisions of of the maharashtra co-operative societies act, 1960 praying for directions against the respondent nos.1 to 4, (respondent no.1-the state of maharashtra, respondent no.2-the commissioner of .....Tag this Judgment!
Court : Delhi
Decided on : Mar-10-2011
..... legal position in this behalf. suffice it to say that in maula bux v. union of india air 1970 sc 1955 the scope and ambit of section 74 of the contract act, 1872 (hereinafter referred to as the contract act) was discussed. it was observed that if the forfeiture of earnest money is in the nature of penalty section 74 of the ..... permitting 5 per cent bid security amount to be forfeited in case of a non-responsive bid is clearly penal in nature and thus provisions of section 74 of the contract act would apply. it cannot be categorized as a reasonable pre-estimate of damages for a non-responsive bid and thus the bank guarantee for 5 per cent of the bid ..... pre- estimate, it would not fall within section 74 of the contract act. the legal position in this behalf has not changed. section 74 of the contract act reads as under:"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, or ..... of attorney on 19.8.2010.20. the other aspect as set out in the petition flows from the provisions of section 85 of the indian evidence act, 1872 (hereinafter referred to as the evidence act), which reads as under:"85. presumption as to powers of attorney - the court shall presume that every document purporting to be a power of attorney, and to .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-06-2011
..... be given, but notices have been given. therefore, this is a contrary finding which bars the petitioner from relying on section 55 of the contract act, 1872 and is contrary to law and to public policy. for the said proposition reliance is placed on air 2002 sc 1272 and air 1990 andhra ..... rejection of the counter claim are based on the finding that no liquidated damages were levied. time was the essence of the contract and section 55(iii) of the contract act, 1872 was inapplicable as no notice was given and liquidated damages were released to meet the financial crunch. 2.3 clause 53 ..... contemplated issuance of an auditors certificate and not statement of accounts. the rebate was granted only on the condition that all four contract packages be awarded to ..... to the respondent, therefore, not only is the respondents claim on account of liquidated damages rightly rejected but reliance on section 55 of the contract act can also not be faulted, and air 2002 sc 1272 does not come to the aid of the petitioner although in principle the circumstances in ..... existed and no change was being effected therewith the correction cannot be faulted. 6.11 although the non-applicability of section 55 of the contract act has been espoused but the same cannot be accepted as the extension was granted without any objection raised. in fact sums retained on account of .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-21-2011
..... price on the date of default but also a further sum of 10s. per ton. reference in this connection is made to ss.73 and 74 of the indian contract act, 1872 (ix of 1872), and it is said that the extra amount of 10s. per ton included in the sum of liquidated damages is against the provision of these sections and therefore the ..... the date of the default, this was per se unreasonable and was therefore bad according to the law of india as laid down in ss.73 and 74 of the contract act. 20. again the apex court in the case of fateh chand v. balkishan dass reported in air 1963 sc 1405 (v. 50 c 204) has held as under: (8) the ..... understanding, it would be totally unjustified to arrive at the conclusion that the party who has committed breach of the contract is not liable to pay compensation. it would be against the specific provisions of sections 73 and 74 of the indian contract act. there was nothing on record that compensation contemplated by the parties was in any way unreasonable. it has been ..... bkc in not completing the work in time has been proved. under s.73 of the contract act, therefore, the epi would have been entitled to damages for the breach of contract and such damages would have been the differences in the contract price and the amount with the epi had to spend in getting the work completed. but the epi has not adduced .....Tag this Judgment!
Court : Chennai
Decided on : Feb-11-2011
Reported in : AIR2011Mad66(FB)
..... novation, rescission and alteration of a contract can be made only bilaterally. a deed of cancellation will amount to rescission of contract and if the issue in question is viewed from the application of section ..... novation, rescission and alteration of a contract can be made only bilaterally. a deed of cancellation will amount to rescission of contract and if the issue in question is viewed from the application of section ..... have been executed. a sale is essentially an executed contract between two parties on mutually agreed conditions. question is as to whether such contract can be unilaterally rescinded, particularly, in a case of sale deed. in this context, we may refer to section 62 of the indian contract act, 1872 which provides that contract which need not be performed. by that provision, any ..... have been executed. a sale is essentially an executed contract between two parties on mutually agreed conditions. question is as to whether such contract can be unilaterally rescinded, particularly, in a case of sale deed. in this context, we may refer to section 62 of the indian contract act, 1872 which provides that contract which need not be performed. by that provision, any .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Mar-10-2011
..... 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. 7. accordingly, in view of the observations and discussions made hereinabove, the petition is partly allowed. the respondents are directed to pay and release the petitioner salary of the higher ..... attendant benefits would be contrary to law and also against public policy. their lordships have further held that it would, therefore, be unenforceable in view of section 23 of the contract act, 1872. their lordships have held as under: 8. learned counsel for the appellant attempted to contend that when the respondent was promoted in stop-gap arrangement as junior engineer i, he .....Tag this Judgment!