Court : Mumbai Aurangabad
Decided on : Sep-28-2011
..... learned counsel for the petitioner emphasised on the explanation which states that 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, then this cannot be considered as a valid compromise. considering ..... the terms of the compromise entered into by the parties and recorded by the court, this compromise or an agreement is not a void or voidable under the indian contract act ..... and, therefore, explanation is not applicable to it. the amendment enables a compromise entered into between the parties is as per their satisfaction, free will and agreement, executable even though not covered under the statutory provision of section 16 of the maharashtra rent control act. 14. ..... of the compromise, which is recorded by the court is to be honoured by the parties. 16. thus, there is no bar on parties contracting out compromise under order 23 rule 3 of the code of procedure, even for vacating the rental premises and consequential eviction on failure to vacate the ..... was not maintainable under section 96 (3) of the code of civil procedure. this is so because a consent decree is nothing but a contract between the parties superimposed with the seal of approval of the court. in the said appeal, the court held that when the decree is .....Tag this Judgment!
Court : Delhi
Decided on : Feb-18-2011
..... contend that the arbitrator can award any compensation/claim on the basis of equity. reliance is also placed on section 70 of the indian contract act, 1872 to contend that it itself is an equitable law and its scope is much larger than the principle of quantum meriut as explained in food ..... v. pundarikakshudu & sons (2003) 8 scc 168 is also an authority on the proposition that arriving at inconsistent findings as regards breach of contract is a legal misconduct.14. claim no.iii of the plaintiff for `2.04 lacs towards reimbursement of extra expenditure incurred on excavation and ..... reason of the defendant having benefited therefrom. moreover once it was found that the plaintiff, to be eligible to enter into the contract, was required to have a foreign collaboration, the senior counsel for the defendant is correct in contending that the expenses for becoming eligible could ..... ltd. v. uoi (2007) 2 scc 453.the arbitral tribunal cannot award beyond the agreement. once the arbitral tribunal had concluded that under the contract the plaintiff was not entitled to the expenses incurred on foreign collaboration, the arbitral tribunal had no jurisdiction to allow the said claim for the ..... 1985; however the progress of the work from the very beginning was not commensurate with the bar chart/work programme agreed upon under the contract; that the plaintiff did not accelerate the progress of the work inspite of repeated reminders of the defendant; on the contrary the plaintiff requested .....Tag this Judgment!
Court : Delhi
Decided on : Mar-16-2011
..... who satisfies the prescribed authority--(a) that he is a muslim, and(b) that, he is competent to contract within the meaning of section 11 the indian contract act, 1872 (9 of 1872 ), and(c) that he is a resident of [the territories to which this act extends].(2) xxx xxx xxx"18. in this case neither there is any plea nor any evidence is available ..... any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal properly inherited or obtained under contract or gift or any other provision of personal law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and ..... is in writing and signed by the testatrix and the witnesses, the pleas put forward by the third respondent are of no consequence. consequently, the provisions of the indian succession act only will apply.19. in the absence of any plea regarding applicability of muslim personal law, the court cannot make out a new case for the respondent and thus cannot ..... namely malik mohd. tanvir and wahid ali and those attesting witness signed in her presence. in short according to gohar sultan, the requirement of section 63(c) of the succession act was fully complied with though only attesting witness malik mohd. tanir examined as ow3 has not supported her. she has not examined the 2nd witness namely wahid ali though he .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-30-2011
..... v. arctic india & as under:- anr.1 "48 the submission, therefore, so raised by the learned counsel based upon sections 7, 8 and 32 of the indian contract act, 1872 revolving around the principle of concluded contract or accepted with material alteration by the second party are of no assistance in view of the facts and circumstances of the case itself, specially when admittedly ..... of acceptance of my/our offer for this work. (condition "c" of form-iii page 20 of tender document). 4 admittedly, no formal document/contract was executed, but the parties pursuant to the acceptance letter had acted upon and proceeded. 5 the respondent inspected the site of work on 26 december 2003 in pursuance to the letter of acceptance. the area of ..... u.p. & ors. v. combined chemicals company private limited, has considered very aspect of 2 "tender", "offer" and "acceptance" as contemplated under the contract 1 2011(3) bom.c.r. 647 2 (2011) 2 s.c.c. 151 act. it is observed that merely because the agreement was not specifically executed, that itself is not sufficient to hold that there exists no ..... contract between the parties; on merits directed the arbitrator/ court to reconsider the claims. 14 the reliance of the petitioner on state of punjab and .....Tag this Judgment!
Court : Delhi
Decided on : Aug-16-2011
..... alleged to have been suffered by the plaintiff-company. 5. section 230 of contract act, 1872, to the extent it is relevant, provides that in the absence of any contract to that effect, an agent is not personally liable by the contracts entered into by him on behalf of his principal. it further provides that such ..... any cause of action against defendant no. 2 and in any case, the suit is in such a case would be hit by section 230 of contract act, thereby attracting order vii rule 11(d) of the code of civil procedure, besides being bad for misjoinder of defendant no. 2 which is neither ..... also alleged that the second defendant was transacting business at bombay through defendant no. 3, which was its local agent. relying upon section 230 of contract act, the suit was dismissed against defendant no. 3 6. the learned counsel for the plaintiff has pointed out that the indent was accepted by the plaintiff ..... this document also purports to be signed by the authorized signatory of defendant no. 1. since the contract was not made by defendant no. 2 on behalf of defendant no. 1, the presumption under section 230 of contract act cannot be drawn in this case. in any case, even if such a presumption is raised, ..... to less stuffing will have to be compensated by seller, which is yet another indicator that defendant no. 2 was acting only as a facilitator. since no term stipulated in the purchase contract is contrary to the terms and conditions of the indent dated 26th may, 2010, it cannot be said that .....Tag this Judgment!
Court : Delhi
Decided on : Dec-23-2011
..... not be a bar to m/s. duggal claiming estimated expenditure as a component of compensation of damages under section 73 of the indian contract act, 1872 (hereinafter referred to as "the contract act") for such part of the extended or spillover period as the delay was occasioned by the breaches on the part of m/s. ..... work by the claimant party. the claimant party was held entitled to the claim towards extra cost incurred by him as per section 73 of the contract act. the arbitrator was held vested with the authority to compensate the second claim for extra cost incurred as a result of failure of the first party ..... on appreciation of evidence) have calculated the compensation payable under section 73 of the contract act and on the basis of the same formula as was agreed to in the contract for calculation for the escalation during the period of the contract albeit with the ceiling of 5 per cent..33. we are, thus, of ..... for this period that the amount has been awarded on the principles of section 73 of the contract act. such period has been specified as eight (8) months out of the total period of delay under the two contracts. in so far as the legal position in this behalf is concerned, of the various judgements ..... the position is thus same in respect of the authority to grant compound interest under the new act and the old act. we also make it clear that even where there is such a provision in the contract, the authority of the court is not taken away not to grant such compound interest if it .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Feb-04-2011
..... severally liable to make payments, if any, to the petitioner; and c) what were the terms of contract, if any, between the parties? agency issue : agency is dealt with in chapter x of the indian contract act 1872, being sections 211 to 238. an agent has certain duties towards its principal. it has a duty in ..... both the respondents were not liable and/or the respondent no. 2 cannot be sued having regard to the provisions contained in section 230 of the indian contract act. so far as the petitioner is concerned, the situation was uncertain. it did not know the internal arrangements between the respondents inter se. although it ..... navin chawla, the learned counsel appearing on behalf of the respondent no. 2, submitted :- a) having regard to the provisions contained in section 230 of the indian contract act, an agent cannot be sued in his individual capacity. b) the respondent no. 2 being not a service provider as it does not retransmit any signal for ..... compensation for injury caused by reason of principals neglect. sections 226 to 238 provide for the effect of agency on contracts with third parties. we may notice section 230 of the indian contract act whereupon reliance has been placed by mr. chawla, but before we do so, it may also be noticed that in ..... case must be held to be non-existent. f) in the facts and circumstances of this case, section 65 of the indian contract act cannot be said to have any application, as the respondent no. 2 did not execute any agreement. g) the term of the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-23-2011
..... achieving both its goals."21. it is also required to be noted that the agreements were already there on the record of the respondent board. section 17 of the indian contract act, 1872 defines fraud. section 19 deals with voidability of agreement without free consent. the said section further provides for exception and it provides that if such consent was caused by misrepresentation ..... cannot be interpreted as being meant to apply to misrepresentation which is fraudulent within the meaning of section 17 of the 1 air 1978 patna 3342 air 1939 calcutta 473 contract act. he submits that the phrase 'fraudulent within the meaning of s. 17" applies to the preceding word 'silence' exclusively, and not to the word 'misrepresentation'.23.3. mr. dada ..... case of life insurance corporation of india vs. baidyanath singh and others1 wherein it has been held that the word 'fraudulent' mentioned in the exception to section 19 of the contract act only qualifies 'silence' and not misrepresentation. in other words, if the consent has been obtained by misrepresentation or by silence, which is fraudulent within the meaning of section 17 then ..... comes into play. it shall not apply to misrepresentations which are fraudulent within the meaning of section 17 of the contract act. all misrepresentations are not necessarily fraudulent.23.2 referring to the meaning of fraud as defined in section 17 of the contract act, mr. dada has also relied upon the decision of the calcutta high court in the case of john minas .....Tag this Judgment!
Court : Delhi
Decided on : Feb-23-2011
..... entitled to get reasonable payment for these works in view of the provisions contained in section 70 of the contract act, 1872, which reads as under:-"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 ..... work was duly executed by him and accepted by the defendant. the plaintiff has, thus, pleaded all the necessary ingredients of section 70 of the contract act by claiming that (i) he had executed extra works for the defendant; (2) extra works executed by him were accepted by the defendant and ..... of by the defendant."23. in the case before this court, though the plaintiff has not specifically pleaded the provisions of section 70 of the contract act, nor has any issue been framed by the court on its applicability, he has pleaded all the ingredients necessary for invocation of the aforesaid statutory ..... it is only when the three ingredients are pleaded in the plaint that a cause of action is constituted under section 70 of the indian contract act. if any plaintiff pleads the three ingredients and proves the three features the defendant is then bound to make compensation in respect of or to ..... something is delivered must enjoy the thing done for or delivered to him as the case may be.invocation of section 70 of the contract act was disputed by learned counsel for the defendant on the ground that the plaintiff has not pleaded essential requirement of the section. in support .....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 ..... if the contract contains any other stipulation by way of penalty, the party complaining .....Tag this Judgment!