Court : Mumbai
Decided on : Mar-12-2015
..... never challenged the validity of the consent terms though a case of coercion would make the consent terms voidable under section 15 of the indian contract act, 1872 and accordingly would fall with the explanation to order 23 rule 3 of the cpc relating to compromise of suits under such consent terms ..... which the aforesaid issue has been framed, would be coercion as defined in section 15 of the indian contract act, 1872, which runs thus: ??15. ??coercion ? defined ?? ??coercion ? is the committing, or threatening to commit, any act forbidden by the indian penal code (45 of 1860), or the unlawful detaining, or threatening to detain ..... in the agreement. 75. such oral agreement would fall within section 91 of the indian evidence act 1872 which runs thus: ??chapter vi of the exclusion of oral by documentary evidence 91. evidence of terms of contracts, grants and other dispositions of property reduced to form of documents ?? when the terms of ..... on this issue. even if the plaintiff led such evidence it would be inadmissible as it is included by section 91 of the indian evidence act, 1872. 79. it may also be mentioned that such a case is even otherwise not at all acceptable. the defendant bank is not the plaintiff' ..... the consent terms were signed pursuant to such oral agreement. further terms of the agreement would be excluded under section 91 of the indian evidence act, 1872. it is also the plaintiff's case in para 21(c) of the plaint that the plaintiff would not have agreed to the consent terms .....Tag this Judgment!
Court : Delhi
Decided on : Nov-02-2015
..... in such cases the contractual clause is invalid and void. in the present case i have to examine the third part of section 23 of the indian contract act, 1872 as to whether the clause prohibiting payment of interest can be said to be immoral or against the public policy. 7. what is public policy has been ..... to the decision of this petition to have questioned clause 16(2) of the gcc as being hit by/being violative of section 23 of the indian contract act, 1872 for holding the said clause to be invalid and void. since the issue is a purely legal issue, and since the petitioner places reliance solely upon ..... 16(2) of the gcc is invalid/void and thus liable to be struck down in view of the provision of section 23 of the indian contract act, 1872 and hence the said clause 16(2) will not stand in the way of the respondent being entitled to interest. what is argued on behalf of ..... clause in question itself is invalid and void because of section 23 of the indian contract act, 1872. it is argued on behalf of the respondent that once the clause in question goes as being violative of section 23 of the indian contract act, 1872, then, the respondent is entitled to payment of pre-reference and post-reference ..... to sustain the claim of interest. 5. at the outset let me reproduce clauses 16(1) and (2) of the contract in question as also section 23 of the indian contract act, 1872, and which read as under:- clauses 16(1) and 16(2) 16(1) earnest money and security deposit: the earnest money deposited .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-10-2015
..... the appellant. if the appellant failed to pay the charges under clause 5.1, respondent could have exercised it's lien under section 170 of the contract act, 1872 only. 6. further learned counsel referring to the agreement dated 10-4-2002/ex.c.17 submits, the actual quantity of feed rock to be crushed ..... was held to be adjusted against the amount awarded against rmc ready works). counter claim 2: rs. 36,00,000/- towards liquidated damages under section 74 of the contract act, 1872 - rejected. counter claim 3: rs. 3,43,744/- towards feed rock supplied and not handed over - rejected. counter claim 4: rs. 3,53,475/- ..... of the above. it is strictly in accordance with the provisions contained in the agreement/ex.c.17, dated 10-4-2002 and the provisions of contract act and the appeal is liable to be rejected. 14. in the light of the above rival submissions, the point that arises for our consideration are: ..... : (1996) 4 scc 551), has observed that: once a contract is reduced to writing, by operation of section 91 of the indian evidence act, 1872 it is not open to any of the parties to seek to prove the terms of the contract with reference to some oral or documentary evidence to find out the intention ..... of the parties. under section 92 of the evidence act where the written instrument appears to .....Tag this Judgment!
Court : Chennai Madurai
Decided on : Nov-30-2015
..... the directions issued by the supreme court in n.murugesan, dated 03.08.2015. contention no.2: 31. the second contention revolves around sections 201 and 202 of the indian contract act, 1872. 32. section 201 lists out the circumstances under which an agency is terminated. they are: (i) the revocation by the principal, of all the authority given to the agent; (ii ..... the agent's own interest. therefore, the second contention of the respondent does not hold good, in the light of the provisions of sections 202 to 209 of the indian contract act. contention no.3: 48. the third contention revolves around the decision of the learned single judge in credai. but, as we have already indicated, the decision in credai is no ..... his late principal, all reasonable steps for the protection and preservation of the interests entrusted to him." 36. keeping in mind the scheme of sections 203 to 210 of the contract act, let us now get back to section 202, on which heavy reliance is placed by the respondent in support of his contention that the agency does not get terminated when ..... the appellants was not issued in terms of sub-section (2) of section 69, in the form of statutory rules, the appellants cannot act based upon the circular; (b) that though under section 201 of the indian contract act an agency gets terminated by the death of the principal, the said rule has its own exception in cases where the agency is coupled .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-22-2015
..... power of attorney had been registered wherein power to sell the property as owners to third parties had been given to the developers and thus, it partakes the colour of contract under section 202 of indian contract act, 1872. therefore, termination of agency in the present case could not be effected by the transferor in view of section 202 of the indian ..... contract act, 1872 which is in the following terms:- "202. termination of agency, where agent has an interest in subject-matter. where the agent has himself an interest in the property which forms ..... part of the law of contract. this is why chapter iv of the contract act deals with the performance of contracts which includes the performance of contracts relating to immovable property also. in fact, section 4 of the transfer of property act says that the chapters and sections of that act which relate to contracts shall be taken as part of the indian contract act, 1872. therefore, the respondent in whose ..... favor the appellant had executed an agreement for the sale of an immovable property had an interest in the subject-matter of the contract, namely, the shop, turn the purposes of section 202 of the contract act if not for the purposes .....Tag this Judgment!
Court : Delhi
Decided on : Oct-13-2015
..... 4 cpc is pleaded. in law, once no loss is caused to the aggrieved party as per section 73 and 74 of the indian contract act, 1872, no cause of action arises for claiming damages or forfeiture of advance money received under the agreement to sell as damages. this is the ..... not necessarily thereby undertake any public duty, or promise to do an act in which the public are interested. ? 33. section 74 occurs in chapter 6 of the indian contract act, 1872 which reads "of the consequences of breach of contract". it is in fact sandwiched between sections 73 and 75 which deal ..... with compensation for loss or damage caused by breach of contract and compensation for damage which a party may sustain through non-fulfillment of a contract after such party rightfully rescinds such contract ..... an amount received under the agreement to sell is subject to loss being caused and appropriation is actually pursuant to section 74 of the indian contract act by taking the advance payment received as liquidated damages, but once there is no plea of loss being caused alongwith necessary details, there ..... court in the case of kailash nath associates (supra) reproduced above shows that the provisions of sections 73 and 74 of the indian contract act applies whether a person is plaintiff or a defendant in the suit ie a defendant who is a seller cannot forfeit any moneys unless .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Sep-18-2015
..... xxiii, rule 3, the agreement or compromise shall not be deemed to be lawful within meaning of the said rule if the same is void or voidable under the indian contract act, 1872. it follows that in every case where the question arises whether or not there has been a lawful agreement or compromise in writing and signed by the parties, the question ..... deciding 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 shall not be deemed to be lawful within the meaning of this rule. 10. it is manifest from a plain reading of the above that in terms of the proviso ..... ground that decree has been obtained by playing fraud. the compromise on the basis of which decree was passed by fraud can be treated as unlawful or void under indian contract act 1872 which would be covered by the provisions of order xxiii rule 3a cpc. the hon ble supreme court in the decision reported in air 1993 sc 1139 (banwari lal v ..... . what is lawful will in turn depend upon whether the allegations suggest any infirmity in the compromise and the decree that would make the same void or voidable under the contract act. more importantly, order xxiii, rule 3-a clearly bars a suit to set aside a decree on the ground that the compromise in which the decree is based was not .....Tag this Judgment!
Court : Delhi
Decided on : Oct-09-2015
..... the petitioner and the respondent insurance company, no definite finding in that regard can be given. else, under section 20 of the indian contract act, 1872, a contract which suffers from a mistake of matter of fact, which is essential to the contract / agreement, is void. at this stage, we do not know whether the respondent insurance company was willing to give a policy for ..... bring home this cardinal principle is taken note of hereinafter. 72. as pointed out earlier as well, the contract in question was signed after the approval of the cabinet was obtained. in the said contract, there was no clause pertaining to section 42 of the act. the appellant is presumed to have knowledge of the legal provision, namely, in the absence of such ..... legal position which emerges from various judgments of this court dealing with different situations/aspects relating to contracts entered into by the state/public authority with private parties, can be summarized as under: 70.1. at the stage of entering into a contract, the state acts purely in its executive capacity and is bound by the obligations of fairness. 70.2. state in ..... its executive capacity, even in the contractual field, is under obligation to act fairly and cannot practice some discriminations. 70.3. even in cases where question is of choice or consideration of competing claims before entering into the field of contract, facts have to be investigated and found before the question of a violation of article 14 could .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-13-2015
..... the site of work and on the ground that the respondent was also required to minimize its losses under section 73 of the contract act, 1872. learned arbitrator also rejected claim no.10 which was for compensation/damage on account of alleged under utilization of tools and plants and scaffoldings due ..... any interest on the said amount. mr. samudrala, learned counsel for the respondent, on the other hand, submits that there is no prohibition under the contract for awarding claim for interest. since the petitioner had withheld the amount due and payable by the petitioner to the respondent, under section 31 (7) ( ..... in my view, has rightly held that in view of the service tax having been introduced after opening of the tender and award of the contract, the petitioner was liable to reimburse the said amount to the respondent. learned arbitrator has considered the documentary evidence produced by the respondent showing the ..... a) of the said arbitration act, the learned arbitrator has discretion to award interest from the due date till payment and at such rate as the learned arbitrator may deem fit. 28. a perusal of the contract indicates that there is no prohibition either for making a claim ..... for interest or for awarding any interest in case of a money claim. under section 31(7)(a) of the said arbitration act, the learned arbitrator is empowered to award interest if .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Aug-20-2015
..... be said to be voidable and not binding on the respondents. 6. on a plain reading of section 22 of the indian contract act, 1872, it is evident that 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. secondly, in terms of section 8 of the indian contract act, a contract is said to be binding when once a proposal is accepted and the consideration is received. section 8 fortifies this position which lays down that ..... concessional rate and thereafter, realising that there is a mistake in having accepted such concessional rate, would not enable the respondent to resile from the contract. this is the legal position. however, insofar as the contention that the petitioners were armed with an alternative remedy and that they should be relegated ..... the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal. therefore, the contract entered into by the respondents to carry the consignment entrusted to it by the petitioners at a concessional freight and receipt of the freight charges ..... could be novation of a contract only by agreement. the respondents seeking to vary the contract by claiming that there is a mistake of fact in having accepted the freight charges at 30% concession, is not available to the respondents. 7. the several provisions of the railways act which are highlighted by the .....Tag this Judgment!