Court : Karnataka
Decided on : Apr-07-2011
..... in a.i.r. 2006 sc 1420, the apex court has held that, as the matter relating to voluntary retirement is not governed by any statute, the provisions of indian contract act, 1872, therefore, would be applicable to. it is worth while to extract the law laid down by the apex court in para 11 of the said judgment, which reads thus: 11 ..... , as the matter relating to voluntary retirement is not governed by any statute, the provisions of indian contract act, 1872, therefore, would be applicable to. further, the apex court has held that, the subsequent revision of pay scale with retrospective ..... the constitution of india, the terms and conditions of service would be governed by the contract of employment. thus, unless the terms and conditions of such a contract are governed by a statute or statutory rules, the provisions of contract act would be applicable both at the formulation of the contract as also the determination thereof. by reason of such a scheme only an invitation ..... of offer is floated. when pursuant to or in furtherance of such a voluntary retirement scheme an employee opts therefor, he makes an offer which upon acceptance by the employer gives rise to a contract. thus .....Tag this Judgment!
Court : Delhi
Decided on : Sep-30-2011
..... contract act 1872. annamalai informed me of sale of shares vide letter dated 26/8/99. b) to the best of my knowledge annamalai ..... . but anyway, annamalai was not supposed to be anybody to pressurize me in any way since they failed to act as per our agreement and secondly as their complaint suit was pending in the court of law. 4. a) annamalai went on to breach contract act 1872 and sold my shares without giving me notice, a mandatory requirement as per our agreement & as per ..... sold almost all the shares without any specific permission from the complainant on such illegal transfer and sale violating the mandatory, specific and express provisions of the section 176 of contract act. x x x 7. malpractice of the accused: that, the following instruments and documents as used by the accused in the transaction are forged: (a) all the three promissory notes ..... filed by respondent no.2 before the state consumer disputes redressal commission, the company took a stand that the transaction between the parties was pursuant to a contract and that it had acted as per the contract and that there was no deficiency in service. it was also pleaded, in the alternative, that highly disputed questions of fact arose for consideration and that .....Tag this Judgment!
Court : Delhi
Decided on : Dec-14-2011
..... , a comment upon the impugned decision..41. with reference to section 186, section 188, section 197 and section 233 of the indian contract act 1872, the learned single judge has held there was an implied authority from the proprietor of m/s.shreeyak in favour of bhupender sharma to ..... its proprietor by invoking section 223 of the indian contract act in respect of the decreed amount. decree sheet be drawn accordingly.".2. section 223 of the indian contract act 1872 reads as under:- "where one person employs another to do an act, and the agent does the act in good faith, the employer is liable to indemnify ..... the agent against the consequences of that act, though it may cause an injury to the rights of ..... the impugned judgment does not hold that bhupender sharma is the proprietor of m/s.shreeyak. it holds him liable by applying section 233 of the indian contract act, a provision which is not attracted in the instant case..45. the appeal is accordingly allowed. impugned judgment and decree dated may 13, 2011 is ..... his principal and to third parties would be liable only in a situation contemplated by section 231 of the indian contract act. section 233 of the indian contract act makes an agent personally liable if he rfa (os) 76-77/2011 page 10 of 11 deals with the person not .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Sep-07-2011
Reported in : 2012(3)KCCR1986
..... determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872 (9 of 1872). (5) no compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: provided, that where the ..... plaint permitting the plaintiff to incorporate the alternative relief for a decree for payment of compensation in the suit filed for specific performance of the contract warrants interference by this court in exercise of the power under article 227 of the constitution of india?" 12. at the outset, it ..... up in this connection. he invites the attention of the court to articles 54 and 55 of the limitation act to contend that as per plaintiffs own showing the contract was broken during november 2005 and therefore if at all a fresh suit were to brought by the plaintiff, ..... the period of limitation of three years prescribed for filing the suit seeking compensation for breach of the contract. he draws the attention of the court to section 3 of the limitation act, 1963 to contend that any suit instituted after the period of limitation is liable to be dismissed ..... prayer. the relevant provisions contained in section 21 of the specific relief act, 1963, can be usefully referred in this connection. "21. power to award compensation in certain cases.- (1) in a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach, either in .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Feb-04-2011
..... the question, unless the court, for 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 set aside a decree on the ground ..... agreement has been explained by the `explanation appended to order xxiii rule 3 of the code to mean an agreement or compromise which is void or voidable under the indian contract act, 1872, to be deemed not to be lawful within the meaning of the said rule. the proviso appended to the said provision is self-explanatory. in terms of the proviso appended ..... towards the arrears in terms of sections 60 and 61 of the indian contracts act. (iii) the petitioner having not raised any pleading of undue influence and/or the lawfulness or otherwise of the agreement, the oral evidence adduced in this behalf must be held ..... behalf of the respondent, on the other hand, urged:- (i) having regard to the provisions contained in sections 91 and 92 of the evidence act, no oral evidence is admissible for variation of the terms of the contract. (ii) the proprietor of the petitioner -concern having made payments in terms of the mou, the respondent had the authority to appropriate the same .....Tag this Judgment!
Court : Delhi
Decided on : Jan-31-2011
..... rules and impossible of performance and thus redundant.f. that such modification is fair in the facts and circumstances.8. section 21 of the indian contract act, 1872 provides that a contract is not voidable because it was caused by a mistake as to any law in force in india. similarly under section 22 of the ..... of the compromise were unlawful so as to void the contract. the applicants/are seeking modification of the compromise on the grounda. that the servant quarters-cum-toilet as existing have also not been sanctioned;b. that ..... the imprimatur of the court in accepting the compromise and in passing a decree in terms thereof, confers the said agreement with the status of a lawful contract. it is not the case of the applicants that the finding of this court of the compromise being lawful is incorrect or that any of the terms ..... act a contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact ..... lawful is erroneous or which would entitle the applicants as successor in interest of one of the parties to the contract to void the contract. else, a contract is voidable/void when consent thereto is caused by coercion, fraud or misrepresentation (under section19), when consent thereto is caused by undue influence (under .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-2011
..... house tax, so long as he is in occupation of the tenanted premises. since, none of the clauses contained in section 23 of the indian contract act, 1872 are attracted to such an agreement, the agreement is perfectly legal and binding on the parties.9. the next contention of the learned counsel for the ..... . there is no illegality in the tenant agreeing to bear increase in house tax of the premises taken by him on rent. section 23 of the indian contract act, 1872, to the extent it is relevant, provides that the consideration or object of an agreement is lawful, unless (a) it is forbidden by law; or ..... whether it was on account of revision of retable value or revision of rates was not to be reimbursed by the defendant to the plaintiff, runs contract to the stand taken by the defendant in its letter dated 18 th may, 2004.11. it was also the contention of the learned counsel ..... the purpose for which the property is leased, as specified in section 106. section 106 of transfer of property act, to the extent it is relevant, provides that in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for other than agricultural or manufacturing purposes ..... of any transaction affecting such property unless it has been registered. i, however, find no merit in this contention. the reliance on section 49 of registration act, in my view, is wholly misplaced for the simple reason that the lease deed dated 31st december, 1996 was duly registered on 02nd january, 1997 and .....Tag this Judgment!
Court : Delhi
Decided on : Jan-31-2011
..... entered into and, therefore, the court should examine the reasonableness of the conditions and also whether the clauses of the contract were contrary to sections 23 and 28 of the contract act, 1872.17. following the ratio of aforesaid two decisions, this court holds that it is really not possible to examine the reasonableness of clause 4.03 of the agreement dated 18th ..... licencees will undertake no obligation to lift all those stocks even if the state suffers loss. this one-sided obligation, in modification of express terms of the contract, in the name of duty to act fairly, is what we are unable to appreciate."15. the supreme court in issac peter further observed as under (scc, p.125):"we are, therefore, of the ..... 2006, gail filed an application being cm no. 8466/2006 under section 8(1) of the arbitration and conciliation act, 1996. gail referred to article 30 of the agreement dated 18th july 2003 under which the disputes arising out of the contract, which were not settled by mutual consultation, were to be referred to a sole arbitrator selected by the petitioner from ..... preferred by the licensees, the supreme court observed that the doctrine of fairness and reasonableness cannot read into contracts to which the state was a party. the supreme court observed as under (scc, p.124): "doctrine of fairness of the duty to act fairly and reasonably is a doctrine developed in the administrative law field to ensure the rule of law and .....Tag this Judgment!
Court : Delhi
Decided on : Sep-26-2011
..... the duty of every party to take all reasonable steps to mitigate the loss, a requirement of the explanation to section 73 of the indian contract act 1872. if the claim has been allowed on the strength of price increase, the same would be contrary to the law, on which issue, ..... in the pleadings pertaining to claim no.9, reads as under:- "annexure-iv claim no.9:computation of damages/losses due to prolongation of the contract from 16.4.87 upto the date of conpletion (claim no.9) based on cost indices. ---------------------------------------------------------- a gross amount of final bill `2, ..... of labour and material escalation but has ostensibly recompensed, by way of damages, towards overheads in terms of staff deployed during the period the contract got extended and to recompense the contractor loss toward idle tools, plant, shuttering material and other equipment brought at the site for purposes of ..... this claim. the claimant says that whenever the work is delayed, the contractor is bound to suffer the losses for the prolongation of the contract and as such the claimant is fully entitled to claim compensation in this regard. the claimant relied upon various judgments and filed in this ..... . the awards were challenged qua claim no.9 by filing objections under section 34 of the arbitration & conciliation act 1996. 2. learned counsel for the parties conceded that both contracts were pari materia and spanned around the same time and nature of disputes were near identical, and in any case .....Tag this Judgment!
Court : Delhi
Decided on : Aug-30-2011
..... a course in consonance with the enunciation of law by the constitution bench in fateh chand -vs- balkishan dass, air 1963 sc 1405. after reproducing section 74 of the indian contract act, 1872, the constitution bench had expounded the law in the following words:- 8. ..... the section is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law ..... committed the breach is required to pay such compensation and that is what is provided in section 73 of the contract act. (emphasis supplied). (3) section 74 is to be read along with section 73 and, therefore, in every case of breach of contract, the person aggrieved by the breach is not required to prove actual loss or damage suffered by him before ..... clear understanding, it would be totally unjustified to arrive at the conclusion that party who has committed breach of the contract is not liable to pay compensation. it would be against the specific provisions of section 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 ..... . 24,000/- is manifestly a stipulation 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 the present case not concerned .....Tag this Judgment!