Court : Delhi
Decided on : Sep-02-2011
..... lease. a clue as to whether under the indian contract act, 1872 (in short, contract act) a partial discharge can be claimed is available in illustration (e) of section 56 of the contract act. the same is extracted herein-below for ready reference:- "a contracts to act at a theatre for six months in consideration of a ..... sum paid in advance by b. on several occasions a is too ill to act. the contract to act on those occasions becomes void." if ..... the performance of obligations intervenes. in other words, the breach should not precede the event creating a supervening impossibility in performance of obligation under the contract. as is demonstrable in this case, the breach continued all throughout. the l&do on the other hand did not give up its right ..... been examined by us hereinabove. only other situation in which perhaps a promisor need not fulfill his part of the bargain is when a contract is discharged or it is novated. the appellant in this case is not claiming novation but is perhaps claiming a partial discharge of his ..... of permission on various grounds, including the ground that the municipal corporation while granting permission was not fettered by the provisions of the central act in particular section 3 of ulcra. the official respondents opposed the relief sought for in the writ petition on the ground that on the .....Tag this Judgment!
Court : Delhi
Decided on : Oct-21-2011
..... payment of sale consideration of the basement floor, the consideration being unlawful in terms of section 23 of the indian contract act, the agreement is void and unenforceable in law. 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 it ..... is forbidden by law or is of such a nature, if permitted, it would defeat the provisions of any law. section 24 of the indian contract act, to the extent it ..... far behind schedule. she has further stated that he plaintiff has always been ready and willing at all material times to perform its part of the contract and it were the defendants who failed to construct the basement and deliver vacant and physical possession in terms of the agreement dated 27 th march, ..... 1571/1998 page 20 of 35 premises. therefore, if the provisions of delhi rent control act apply to the ground floor which was let out to the plaintiff and was vacated by it pursuant to the agreement to sell dated 27th march, ..... vacated pursuant to the agreement to sell dated 27 th march, 1997 was rs.6,000/- p.m. section 5(3) of delhi rent control act provides that it shall not be lawful for the tenant to receive any payment in consideration of the relinquishment of tenancy of any cs(os)no. .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-02-2011
..... 1969 supreme court 110 holds that the doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and, hence, comes within the purview of section 56 of the indian contract act, 1872. however, the provisions of the said section cannot apply to ..... frustrated the contract, arises from the act or election of a party. in this case, ctl, unilaterally ..... a case of "self-inducted frustration". in other words, the doctrine of frustration of contract cannot apply where the event, which is alleged to have ..... transfer; the state of jharkhand has executed a deed of rectification substituting the name of cml instead of and in place of ctl. mr. mitra, finally, submits that the contract to transfer the mining lease is not invalid between the parties subject, however, to sanction from the proper authorities. moreover, authorities have already granted sanction to such transfer. rule .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Mar-23-2011
..... any one of them. it has been observed that such an agreement is not contrary to public policy and in no way contravenes section 28 of the contract act, 1872. 17. this decision of new moga transport company (supra) is quite applicable in the instant situation. so, by the agreement between the parties, parties ..... of air 1989 sc 1239 and 1995(4) scc 153. the contract has, therefore, to be properly construed. therefore, i am of the view that the present case is in consonance with the case of hanil era textiles ..... exclusio alterius may be applied. what is an appropriate case, shall depend on the facts of the case. when certain jurisdiction is specified in a contract and intention is to exclude all others from its operation, in such a case mention of one thing may imply exclusion of another, when certain jurisdiction ..... is specified in a contract, an intention to exclude all other from its operation may in such cases be inferred. 19. such a view has been adopted on the basis ..... required to pay the deficit court fees over the suit valuation. 25. now, section 18 of the recovery of debts due to banks and financial institutions act, 1993 clearly bars the jurisdiction of the court to entertain such claim. only the competent debts recovery tribunal has the jurisdiction to entertain such a claim between .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-05-2011
..... opened or cancelled. a `transfer' of property is an executed contract. section 4 of transfer of property act, 1882 provides that the chapters and sections of that act relating to contracts, shall be taken as part of the indian contract act, 1872. section 20 of contract act provides that where both the parties to an agreement are under ..... forms the subject matter of the agreement is not to be deemed a mistake as to a matter of fact. section 21 of contract act provides that a contract is not voidable because it was caused by a mistake as to any law in force in india. therefore, having regard to the ..... provisions of transfer of property act and contract act, a transfer can not be cancelled on the ground that parties were mistaken about the consideration. 63. the position is however different in public ..... the short-fall in consideration. 63.2) the aforesaid exercise may seem to be cumbersome, but is absolutely necessary to protect the sanctity of contracts and transfers. if the government or its instrumentalities are seen to be frequently resiling from duly concluded solemn transfers, the confidence of the public and ..... a situation where there are no specific rules, regulations or policy guidelines governing the procedure as to how allotments are to be made, or contracts are to be awarded, or licences are to be issued. those decisions may also be of some assistance while dealing with a grievance that .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : Jan-05-2011
..... 14.9.2006. the grounds which were not raised before the central commission relating to the waiver and unjust enrichment and section 65 of the contract act, 1872 cannot be allowed to be raised before this tribunal in these appeals, that too, in the application to condone the inordinate delay. hence, the ..... contrary to the regulations, even then nlc is liable to restore the benefit which has accrued to it under the said void contract as provided under section 65 of the indian contract act. (f) prior to the commencement of regulation 2001, the respondent and the appellant had entered into various agreements, namely, ..... the presentation would entitle the appellant maximum rebate, namely, 2.5%. this agreement also had a clause that even after the expiry of the contract, the terms and conditions mentioned in the agreement would continue till such time it was formally renewed or replaced. thus, the said arrangement was ..... department and the accounts department did not have knowledge of the 3 documents till march, 2009, it implies that both these departments could not have acted on the basis of any inference based on the contents of these 3 documents. 58. that apart, no affidavit has been filed from the ..... under: proof of sufficient cause is a condition precedent for the exercise of the extraordinary discretion vested in courts by section 5 of the limitation act. what counts is not the length of time but the sufficiency of the cause. shortness of delay is another circumstances to be taken into .....Tag this Judgment!
Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on : May-09-2011
..... per the reported judgement in air 2007 gujarat 72 and 4 (2006) page 216 nc in which it is stated as follows :- ?? ??consumer protection act, 1986 ?? section 2(1)(g) ?? nsc 6th issue rules, 1989 ?? rules 4, 11 ?? contract act, 1872 ?? sections 72, 73 ?? securities ?? nscs ?? issuance of certificates in contravention of rules ?? entitlement to interest ?? nscs issued to town area ..... not refusing to issue nscs, opposite parties guilty of deficiency in service ?? liable to compensate complainant for loss occasioned on such account ?? provisions of sections 72, 73 of act of 1872 attracted opposite party liable to pay principal amount ?? towards compensation, no option but to award sum equivalent to inerest payable on maturity of nscs. ? ??mahila sewa sahakari ..... award passed by the opposite parties. the complainants counsel also relied upon ruling reported in 1998 (1) cpj page 107 (nc) in which it is stated as follows :- ?? consumer protection act 1986 ?? sections 14(1)(d) ?? compensation ?? national saving scheme ?? post office deposits ?? interest ?? national saving scheme rules, 1987 ?? rules 3 and 4 ?? post office savings bank general ..... bank ltd. v. chief post master and ors. spl. civil appln. no.11574 of 2006 d/- 10-8-2006. government savings certificates act (46 of 1959), s.12 ?? kisan vikas .....Tag this Judgment!
Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on : Apr-29-2011
..... reported in air 2007 gujarat 72 and 4 2006 cpj 216 (nc) were also cited in which it is stated as follows :- ??consumer protection act, 1986 ?? section 2(1)(g) ?? nsc 6th issue rules, 1989 ?? rules 4, 11 ?? contract act, 1872 ?? sections 72, 73 ?? securities ?? nscs ?? issuance of certificates in contravention of rules ?? entitlement to interest ?? nscs issued to town area in contravention ..... rules and not refusing to issue nscs, opposite parties guilty of deficiency in service ?? liable to compensate complainant for loss occasioned on such account ?? provisions of sections 72, 73 of act of 1872 attracted opposite party liable to pay principal amount ?? towards compensation, no option but to award sum equivalent to inerest payable on maturity of nscs. ? ??mahila sewa sahakari bank ltd ..... those deposits were wrongly received against the rules and asked for the option to receive the amount with the savings bank interest rate and thereby the 1st opposite party had acted in the fraudulent manner and by keeping the deposit for 5 years to 6 years and after demanding the amount made a request for collecting the amount with the ..... . v. chief post master and ors. spl. civil appln. no.11574 of 2006 d/- 10-8-2006. government savings certificates act (46 of 1959), s.12 ?? kisan vikas patra rules (1988), .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-07-2011
..... itself. if such a course is permitted, that might run counter to the object and purpose of inserting sections 23 and 28 in the indian contract act, 1872. in other words, the impact of all this on indian laws would be tremendous. we would be failing in our duty if we do not ..... when a question of fraud is raised, the same has to be considered differently. fraud, as is well known, vitiates all solemn acts. a contract would mean a valid contract; an arbitration agreement would mean an agreement which is enforceable in law."(emphasis supplied).a similar view was taken by a division bench of ..... case, the allegation is that the agreement dated 2 january 1995 was vitiated as a result of a fraud practiced in the implementation of the contract. this is not a situation where the agreement at its inception was vitiated by fraud. an objection of this nature cannot be a ground to ..... or where allegations of fraud are made.15.in one such case in an arbitration application which arose under section 11 of the arbitration and conciliation act, 1996, a learned designated judge of the supreme court in india household and healthcare ltd. vs. lg household and healthcare ltd., declined to refer ..... there be a piece meal reference to arbitration; and (iii) clause 19 of the contract which contains an arbitration agreement contemplates a reference to arbitration by either of two named arbitrators. both of them declined to act as such. the intention of the parties was that the arbitration should be conducted only .....Tag this Judgment!
Court : Delhi
Decided on : Mar-28-2011
..... has referred to the controversy and the issues involved in detail and has rightly observed that the present case cannot be equated with simple "offer" and "acceptance" principles of the contract act, 1872. in the present case, as a matter of public interest, the respondent mcd has provided land in ghogha dairy project, narela, delhi for relocation of eligible illegal dairies operating from .....Tag this Judgment!