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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 2013 Page 1 of about 8,705 results (0.119 seconds)

Jan 03 2013 (SC)

Ghulam Nabi Dar and ors. Vs. State of Jandk and ors.

Court : Supreme Court of India

Decided on : Jan-03-2013

Reported in : AIR2013SCW468; 2013(1)SCJ918

..... lawful, could be rejected by the court for the purpose of passing a decree.the learned third judge then referred to section 23 of the contract act, 1872, whereby any agreement which the court regards as immoral or opposed to public policy, is void. the learned third judge held that the settlement ..... was directly hit by section 23 of the contract act as it defeated the object of rule 13-c and was, therefore, unlawful for the purposes of rule 3 of order 23 cpc. the ..... inclined to accept the submission made on behalf of the appellants that the notification published on 21st november, 1980, under section 6 of the 2006 act, declaring the lands under the possession of the appellants to be vested in the custodian of evacuee property, stood vitiated, as the appellants had been ..... challenge a notification issued under section 6 stood extinguished by such declaration?32. in addition to the above, the provisions of section 16 of the 2006 act may also be noticed. section 16, which deals with occupancy and tenancy rights provides as follows :-"16. occupancy or tenancy right not to be ..... been withdrawn by the competent authority.30. the question to be decided is whether having entered into a settlement, which stood concluded and had been acted upon by the state government by raising constructions on the surrendered lands, could the settlement have been withdrawn unilaterally only at the instance of the .....

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May 10 2013 (HC)

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

Decided on : May-10-2013

..... as required by mapa and accordingly the question of the petitioners being in default could not and did not arise. it is submitted that under section 39 of the indian contract act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but there has to be an acceptance of such repudiation by promisee to ..... to the terms of the agreement. 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 ..... to emphasise that so far as the courts in this country are concerned, they must loot primarily to the law as embodied in sections 32 and 56 of the indian contract act, 1872." we hold, therefore, that the doctrine of frustration is really an aspect or part of the law of discharge of ..... parties to the contract cannot require compliance with the obligations by the other party without in the first .....

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Apr 03 2013 (HC)

Adai Mehra Production Pvt. Ltd. Vs. Sumeet P. Mehra and Another

Court : Mumbai

Decided on : Apr-03-2013

..... petitioner company. the company cannot, therefore, be equated with amit mehra but the two are distinct and separate. the learned senior counsel placed reliance on section 42 of the indian contract act, 1872. mr amit mehra is a director of the petitioner makes no difference to the position in law and to the liability and obligations of the respondents to make good their ..... to the terms of the agreement. 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 which in the sequence of obligations .....

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Feb 06 2013 (HC)

Godawari Marathwada Irrigation Development Corporation, Through Its Ex ...

Court : Mumbai Aurangabad

Decided on : Feb-06-2013

..... to acknowledgment of time barred claim. the definition of promise to pay a debt barred by limitation law is mentioned in section 25 of the indian contract act, 1872, it reads as under:- ??25. agreement without consideration, void, uncles it is in writing and registered, or is a promise to compensate for ..... of the district judge: 1] that the claim was time barred and 2] shri mudiraj was not suitable person to act as arbitrator because he was connected to the contract work in question. 16. the point of limitation is required to be decided mostly on facts that is the reason why ..... officers of the corporation became quite active in getting the appeal decided. the contractor demanded that officers of the corporation who were connected to his contract work should be called for the purpose of appeal which was pending before the superintending engineer shri mudiraj. 11. however, before the appeal could ..... para no.9), one cannot expect him to accept the responsibility as arbitrator. besides, he admittedly acted as one of the authorities appointed by clause 52. he thus was certainly connected to the contract. unfortunately, the learned district judge did not examine the facts of this case and probably did ..... (henceforth be referred to as ??the act). 2. facts leading to the appeal in short can be stated as under: way back in the year 1986 the appellant corporation awarded an irrigation work contract to the respondent company (hereinafter be referred to as the contractor). the estimated cost of the .....

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Aug 13 2013 (TRI)

R. Venkata Krishnan Vs. Taanya Tours Travels Represented by G. Stephen ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Aug-13-2013

..... has admittedly been signed by both the respondents and the petitioner. * because without prejudice to the above submissions, section 230 of the indian contract act, 1872 clearly states that in case a principal is abroad, the agent is personally liable. it is submitted that the order passed by the state ..... need your help?. learned counsel for the petitioner had drawn our attention to section 230 of the india contract act, 1872 which reads as under: agent cannot personally enforce, nor be bound by contracts on behalf of principal in the absence of any contact to that effect an agent cannot personally enforce ..... principal, though disclosed, cannot be sued. this section is not applicable to the case on hand because the contract was not for sale or purchase of goods. the principal in the contract was disclosed as m/s todd international pvt. ltd. thus, learned counsel for the petitioner has been able ..... commission. respondent no. 1 submits that being an agent of disclosed principal of respondent no. 2 it is not liable for any of the acts or omissions committed by respondent no. 2. this was also communicated to the petitioner. the district consumer disputes redressal commission, mylapore chennai (the ..... complaint is not maintainable against respondent no. 1 for the acts or omissions of the respondent no. 2. it is also submitted that there was no privity of contract between the respondent no. 1 and the petitioner and as such the contract does not bind respondent no. 1 and hence not maintainable .....

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Jan 21 2013 (HC)

M/S. Chemipex Vs. M/S. Shlok Chemicals

Court : Mumbai

Decided on : Jan-21-2013

..... . two submissions have been urged on behalf of the appellant. the first submission is that the arbitral tribunal has failed to take note of section 55 of the contract act, 1872 under which a contract becomes voidable at the option of the promisee, where the promisor had promised to do a certain thing at or before a specified time, but fails to do so ..... shall take into account the usages of the trade applicable to the transaction. section 55 of the contract act provides as follows: ??55. effect of failure to perform at fixed time, in contract in which time is essential. - when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified time ..... challenge to the arbitral award has failed. hence, the petitioner before the learned single judge in the arbitration petition under section 34 of the arbitration and conciliation act 1996 is in appeal. 3. a contract was entered into between the appellant and the respondent on 27 december 2010. under the agreement the respondent agreed to supply to the appellant 210 metric tons ..... that before the arbitral tribunal, the appellant had not produced any material to the effect that the buyer from the appellant had repudiated the contract as well. 7. section 28(1)(a) of the arbitration and conciliation act 1996 requires an arbitral tribunal to decide the dispute in accordance with the substantive law for the time being in force in india. under .....

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Jan 24 2013 (TRI)

Maheshbabu Babubhai Patel, Major, Person of Indian OrigIn and Another ...

Court : Goa State Consumer Disputes Redressal Commission SCDRC Panaji

Decided on : Jan-24-2013

..... with the said submission of lr. adv. shri. patkar. section 56 of the indian contract act, 1872 deals with agreement to do impossible act, and it provides that an agreement to do an act impossible in itself is void. it further provides that a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not ..... contract, is bound to restore it, or make compensation for it, to the person from whom he ..... a contract becomes void, any person who has received any advantage under such agreement or ..... control of the parties. it is a special case of discharge of the contract. however, it does not mean that o.p. can retain the benefit obtained under a contract which has become impossible of performance. answer to section 56 can be found in section 65 of the indian contract act, which provides that when an agreement is discovered to be void, or when .....

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Feb 14 2013 (HC)

Videocon Industries Ltd. Vs. Rajesh Kumar Kedia

Court : Mumbai Aurangabad

Decided on : Feb-14-2013

..... them shall be tried in any one of such courts is not contrary to public policy and in no way contravenes section 28 of the indian contract act, 1872. therefore, if on the facts of a given case more than one court has jurisdiction, parties by their consent may limit the jurisdiction to one ..... agreement that one of the courts having such jurisdiction alone shall try dispute is not contrary to public policy and does not contravene section 28 of the contract act. in the facts of the case in hand, as observed earlier, the plaintiff has not brought anything on record to show that there is an ..... agreement that one of the courts having such jurisdiction alone shall try dispute is not contrary to public policy and does not contravene section 28 of the contract act. he also placed reliance upon the judgment of the supreme court in case of laxman prasad v. prodigy electronics ltd. and anr. (air 2008 sc ..... where he has such temporary residence. explanation ii.-a corporation shall be deemed to carry on business at its sole or principal office in {subs. by act 2 of 1951, s.3, for "the states".} (india) or, in respect of any cause of action arising at any place where it has also ..... narrated in the revision application, are as under: it is the case of the petitioner that the petitioner company is a company incorporated under the companies act, 1956. the plaintiff company is carrying on business of manufacturing and sale of various electronic items such as colour television sets etc. and home appliances. .....

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Jan 24 2013 (TRI)

M/S. Bangalore Electricity Supply Company Limited Vs. M/S. Reliance In ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Decided on : Jan-24-2013

..... the grid and recovered tariff in respect of the same. therefore, the rinfra is entitled to be compensated as per the section 70 of the indian contract act, 1872. vii) the state commission has given clear reasonings in the impugned order while passing the order which is just and appropriate taking into consideration of ..... decision in the indorama case cited by the appellant is clearly distinguishable and does not apply to the present case. in the present case, though the contract between the kptcl and rinfra was signed on 14.10.2009, the kptcl has granted no objection certificate as early as on 22.8.2009 i.e ..... ; (5) in the operation of the power system, the generator or the electricity supply company (escom) have always a remedy to seek under the electricity act, 2003 and the regulations framed there under, and have no right to take law into their hands, since whatever compensation, due to them, could always be ..... the expiry of the ppa, the rinfra followed up with the appellant for execution of the wheeling and banking agreement but the appellant did not act promptly and while the process for execution of agreement was going on, the rinfra was constrained to pump or inject the energy from its wind ..... under the ppa. grant of tariff @ rs.3.40/- would amount to allowing the rinfra to make a super profit by taking advantage of its illegal acts. 5. the learned counsel for the appellant has cited the following judgments in support of his contentions: (a) (2011) 8 scc 647 sharma transport v .....

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Jan 07 2013 (HC)

Tirupati Texknit Limited (T.T. Ltd) Vs. Habib Bank Limited and ors.

Court : Delhi

Decided on : Jan-07-2013

..... v anton elis farel & ors (2006) 3 scc 634.the supreme court clarified what constitutes reasonable time in terms of section 46 of the indian contract act, 1872:"0. the reliance placed on section 46 of the contract act by learned counsel for the defendants would also be an aspect that has to be considered when finally deciding whether the suit could be held to ..... fell within the purview of the second part of the article...."11. the bank therefore submitted that since the letter of credit is a contingent contract and falls within the ambit of section 31 of the indian contract act, 1872, therefore, any amendment made to the effect of its performance without fixing any specific date of its performance is not bad in law. further ..... time for rfa(os) 20/2007 page 9 performance being extended, even though originally the agreement had a fixed date. section 63 of the contract act, 1872 provides that every promise may extend time for the performance of the contract. such an agreement to extend time need not necessarily be reduced to writing, but may be proved by oral evidence or, in some cases ..... realizing the export proceeds.24. learned counsel for the defendant is correct when he states that the letter of credit would be a contingent contract as rfa(os) 20/2007 pag 6. per section 31 of the indian contract act, 1872.25. i accordingly dismiss the suit against defendant no.1. i decree the suit against defendants 2 and 3 as prayed for. the .....

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