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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 2014 Page 1 of about 8,978 results (0.097 seconds)

Oct 10 2014 (HC)

United Breweries (Holdings) Limited and Another Vs. Bangalore Internat ...

Court : Karnataka

Decided on : Oct-10-2014

..... of precedence namely, towards earlier debt due to the creditor and at plaintiffs discretion amounts paid by kingfisher airlines can be appropriated as per sections 60 and 61 of the contract act, 1872. he would also elaborate his submission by contending that corporate guarantee executed by defendant will not stand extinguished or discharged so long as monies due to plaintiff is not paid ..... would also submit that corporate guarantee in question issued by defendant to plaintiff would fell under section 126 of the contract act, 1872 and surety's liability being co-extensive with that of principal debtor namely, kingfisher airlines in the instant case, defendant cannot be absolved of its liability since undisputedly, debt ..... not indicated by creditor, it would be in the discretion of such creditor to appropriate the amount as contemplated under section 60 of the contract act, 1872 and accordingly it has been appropriated by plaintiff and as such the defence sought to be raised by defendant is not only illusory but also without any merit. he ..... refusing to grant leave to defend sought for by the defendant conditionally. 14. he would also draw the attention of the court to sections 59, 60 and 61 of the contract act, 1872 to contend that creditor - kingfisher airlines had not intimated the plaintiff that partial amount paid by it is to be appropriated towards discharge of corporate guarantee and when it is .....

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Aug 11 2014 (HC)

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

Decided on : Aug-11-2014

..... valid. this approach may be sound in theory but, in practice it causes serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged. 3. the bill seeks to ..... . the statement of objects and reasons runs thus: statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may be rectified. it has been held by the courts that the said section 28 shall invalidate ..... the claim under clause 47 and was, therefore, barred from making such a claim. mr. andhyarujina would argue that clause 47 is void under section 28(b) of the indian contract act, 1872. section 28 of the ica runs thus: 28. agreements in restraint of legal proceedings, void. ?? every agreement, ?? (a) by which any party thereto is restricted absolutely from enforcing his rights ..... the claim for compensation where the penalty is stipulated is covered in chapter vi of the indian contract act, 1872 which deals with the consequences of breach of contract. section 73 arises whenever a contract is breached, it is availed of by the party who suffers the breach. it grants compensation for the loss caused by the breach. the compensation is given to the party .....

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Aug 20 2014 (HC)

JSW Steel Ltd. Vs. AI Ghuriar Iron and Steel LLC

Court : Mumbai

Decided on : Aug-20-2014

..... sound in theory but, in practice it causes serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged. ..... sor runs thus: statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may be rectified. it has been held by the courts that the ..... respondent contended as a question of law that such an agreement would be void as being in restraint of legal proceedings under section 28 of the indian contract act, 1872 which runs thus: 28. agreements in restraint of legal proceedings, void. [every agreement,- (a) by which any party thereto is restricted absolutely from ..... during which the right would be extinguished or the liability discharged have been held to be not valid in view of section 28 (b) of the contract act. the court followed the earlier decision in the case of explore computers pvt. ltd. vs. cals ltd. 131 (2006) dlt 477 which considered ..... would argue that the learned arbitrators held that consequently clause 4.2(b) is void as falling within the mischief of section 28(b) of the contract act. 20. the learned arbitrators would be expected to consider the question of law under clause 4.2(b) as per the amended section 28. .....

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Mar 12 2014 (HC)

Narmada Enterprises Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Mar-12-2014

..... is incorrect. in this connection, learned counsel for respondent no. 3 has invited the attention of this court to section 2(h) and section 10 of the indian contract act, 1872. it is also urged that subsequent to approval of rates offered by respondent no. 3, an agreement was executed and respondent no. 3 has successfully executed the ..... education datamatics ltd., (2004) 4 scc 19. section 2(h) of the aforesaid act, provides that an agreement enforceable by law is a contract. section 10 of the indian contract act, 1872 provides that all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly ..... declared to be void. thus, the essential ingredients of valid contract are namely; free consent of parties ..... competent to contract, lawful consideration and lawful .....

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Oct 07 2014 (HC)

M/s. Shri Sowmiya Enterprises and Another Vs. Mineral Exploration Corp ...

Court : Mumbai Nagpur

Decided on : Oct-07-2014

..... works at the rate of rs. 140/ per meter. the learned counsel for the parties have invited my attention to the provisions of sections 3 and 7 of the indian contract act, 1872, which are reproduced below; (3) communication, acceptance and revocation of proposals. the communication of proposals, the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to ..... conditions. 8. after taking into consideration the provisions of section (3) and section (7) of the indian contract act, the apex court has held in case of u.p. rajkiya nirman nigam ltd vrs. indure pvt. ltd., and others, reported in air 1996 sc 1373 in paragraph 9 that ..... into existence between them through correspondence. the court is required to review what the parties wrote and how they acted and from that material to infer whether the intention as expressed in the correspondence was to bring into existence a mutually binding contract. the intention of the parties is to be gathered only from the expressions used in the correspondence and the ..... proposal does not amount to its acceptance. in the absence of written communication of the acceptance of proposal, the act or the conduct of parties or the correspondence between them must show meeting of mind between the parties to create a binding contract on the material terms. the acceptance must be shown to be absolute and unqualified and without any reservations or .....

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May 09 2014 (HC)

M/S. Gupta Coal India Private Limited Vs. M/S. Swiss Marine Services S ...

Court : Mumbai Nagpur

Decided on : May-09-2014

..... indian contract act, cannot be accepted as a concluded contract and the terms incorporated therein cannot bind the appellant. the learned counsel relied ..... the finality and did not get the shape of concluded coa, no action based on the such contract can be maintained. 10. the learned counsel bringing to our notice the provisions of the indian contract act, 1872 and more particularly sections 2 to 7 of the said act, submitted that the agreement dated 3/10/2011 tested on the anvil of said provisions of the ..... laws will apply and the parties can disown said laws and opt for neutral law. the learned counsel submitted that the trial court failed in appreciating the provisions of the contract act in proper spirit and perspective and also could not appreciate the correspondence which had taken place between the appellant and the respondent. the learned counsel submitted that the trial court ..... in the case of kaliburn engineering ltd v oil and natural gas corporation ltd and another (air 2000 bombay 405) which lays down that as per section 7 of the contract act, 1882, acceptance of the offer must be absolute offer and acceptance must be founded on (i) certainty, (ii) commitment and (iii) communication. if any one of the components is lacking .....

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May 09 2014 (HC)

M/S. Gupta Coal India Private Limited Vs. M/S. Swiss Marine Services S ...

Court : Mumbai

Decided on : May-09-2014

..... indian contract act, cannot be accepted as a concluded contract and the terms incorporated therein cannot bind the appellant. the learned counsel relied ..... the finality and did not get the shape of concluded coa, no action based on the such contract can be maintained. 10. the learned counsel bringing to our notice the provisions of the indian contract act, 1872 and more particularly sections 2 to 7 of the said act, submitted that the agreement dated 3/10/2011 tested on the anvil of said provisions of the ..... laws will apply and the parties can disown said laws and opt for neutral law. the learned counsel submitted that the trial court failed in appreciating the provisions of the contract act in proper spirit and perspective and also could not appreciate the correspondence which had taken place between the appellant and the respondent. the learned counsel submitted that the trial court ..... in the case of kaliburn engineering ltd v oil and natural gas corporation ltd and another (air 2000 bombay 405) which lays down that as per section 7 of the contract act, 1882, acceptance of the offer must be absolute offer and acceptance must be founded on (i) certainty, (ii) commitment and (iii) communication. if any one of the components is lacking .....

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Apr 02 2014 (HC)

Sjj Marine Pvt. Ltd. Vs. Pisces Exim (India) Pvt. Ltd. and Another

Court : Mumbai

Decided on : Apr-02-2014

..... be co-extensive with that of the principal debtor. it would be discharged only under the circumstances set out in sections 133 to 135 of indian contract act, 1872. as the principal party to the agreement also its liability would be primary only. the liability would even otherwise be there in view of the fact ..... showing the parties to the agreement. the confirmation of the liability by defendant no.1 itself shows that it was the principal party to that contract. the contract itself does not show that the liability of defendant no.2 would be discharged only if defendant no.2 failed to make the payments. hence ..... of mv dubai and over which the plaintiff was exercising lien. only if that liability is discharged, can the plaintiff's obligations be enforced. 20. the contract is also not without consideration. upon the confirmation of the defendant no.1 in the agreement itself, the plaintiff released the entire cargo of mv peristil. ..... it could be lesser than usd 5 lacs. 10. this may stand to reason and hence the liquidated amount payable under clause 1 of the written contract exh.f to the plaint cannot be taken to have been shown by the plaintiff. 11. under clause 2 of the agreement dated 18th july, 2012 ..... . defendant no.1 would have known financial position of defendant no.2. defendant no.1 knew that the plaintiff had exercised lien upon the goods contracted by defendant no.2 and to be discharged at the detention port to third parties who are the consignees of the goods. to prevent the exercise .....

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Sep 05 2014 (HC)

Penguin Maritime Ltd. Vs. Lee and Muirhead Ltd.

Court : Mumbai

Decided on : Sep-05-2014

..... and invoked. the agent's duty to the principal is stated in chapter x relating to agency and contained in sections 211 to 221 of the indian contract act, 1872. the relevant sections run thus : 211. agent's duty in conducting principal's business. ?? an agent is bound to conduct the business of his ..... set out in the case of hadley vs. baxendale, 18549 ex. 341 at pg.354 which came to be incorporated under section 73 of the contract act. having seen that the breach was committed by the municipality which resulted in loss to the company the court held that even though precise damages ..... . hence the stipulated amount in the charterparty would be the extent of the damage suffered by the plaintiff. 136. under section 74 of the indian contract act the preestimated amount between the parties would represent the extent of the damages in case of breach. the relevant part of section 74 runs thus: 74 ..... . the plaintiff has not led evidence of the further precise loss suffered by it for 76 days lost to claim damages under section 73 of the contract act. 134. the plaintiff suffered loss of use of the vessel from 18th october, 1996 to 4th january, 1997 when the vessel remained idle, it ..... and would be excluded by the documentary evidence contained in the minutes of the meeting dated 11th september, 1996 under section 91 of the indian evidence act, 1872. 83. hence the plaintiff acquired knowledge of the requirement only much later and, as seen above, only after receiving the letter dated 26th november, .....

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Feb 07 2014 (HC)

Reliance Broadcast Network Limited Vs. Raj Oil Mills Ltd.

Court : Mumbai

Decided on : Feb-07-2014

..... its contractual obligations. (f) the copies of the agreement that reliance sent roml were, mr. jain said, only a proposal. under section 7 of the indian contract act, 1872, that proposal would result in a concluded contract only if the acceptance was absolute and unqualified. it was not. this was not even reliances case as pleaded. before roml accepted it, roml endorsed additional conditions ..... be treated as complete and concluded. in jawaharlal barman v union of india, (air 1962 sc 378)the supreme court held that although section 7 of the contract act demands that the acceptance be absolute and unqualified, and not conditional, the document must be read as a whole. in that case, the acceptance subject to making security deposit was ..... existence ipso facto (up state electricity board v goel electric stores, air 1977 all 494).a proposal or offer becomes a contract only when the acceptance is absolute and unqualified. that is the plain meaning of section 7 of the contract act, and it is also the weight of authority (chhoteylal gupta v union of india, air 1987 all 329; union of india ..... the sponsorship agreement are disquieting, and for more than one reason. roml is an established company. it must, in the routine course, be used to dealing with a variety of contracts. it cannot be unaware of the formality that these contracts require. the act of making handwritten endorsements on the sponsorship agreement and also then signing it is far too casual an .....

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