Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 2019 Page 1 of about 2,276 results (0.101 seconds)

Jan 14 2019 (HC)

Rajender Kumar vs.rama Bala Gupta

Court : Delhi

Decided on : Jan-14-2019

..... proved by the respondent/defendant, then in such a case, the court can grant monetary damages on the principles of section 73 of the indian contract act, 1872. admittedly, in the present case, there is no evidence which is led by the appellant/plaintiff with respect to the increase in the prices of the property, and therefore ..... the court as per section 20 of the specific relief act. (ii) an agreement to sell is a contract between the parties and contracts between the parties are subject matter of the indian contract act, 1872. the effect of breach of contract is provided under section 73 of the indian contract act. if there is a breach of contract then an aggrieved party is entitled to monetary damages as ..... per section 73 of the indian contract act and which monetary damages is the ..... performance is in the nature of exception to section 73 of the contract act, 1872 i.e. the normal rule with respect to the breach of a contract under section 73 of the contract act, 1872 is of damages, and, the specific relief act, 1963 only provides the alternative discretionary remedy that instead of damages, the contract in fact should be specifically enforced. thus for breach of .....

Tag this Judgment!

Sep 23 2019 (HC)

Jes & Ben Groupo Pvt. Ltd. & Ors. Vs.hell Energy Magyarorzag Kft. (Hel ...

Court : Delhi

Decided on : Sep-23-2019

..... division bench of the high court, therefore, that clause 9 of the facilitation deed is opposed to public policy and is void under sections 23 and 28 of the indian contract act, 1872 is clearly erroneous." 13. the plaintiffs have laid much emphasis on the allegations of fraud and i.a. 8948/2019 in cs(comm) 257/2019 page 9 of 26 serious ..... plaintiffs have challenged the validity of the arbitration agreement on the ground that it is contrary to the public policy of india. in view of section 28 of the indian contract act, 1872, the agreement is void and the arbitration agreement is wrongfully supportive in favour of the defendants in terms of geography, language and laws and the same cannot be enforced. it ..... providing domestic arbitration and international arbitration as a mode of resolution of disputes between the parties and exception 1 to section 28 of the indian contract act, 1872 clearly states that section 28: shall not render illegal a contract, by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects shall ..... . this necessarily invites evaluation of the grounds urged by the plaintiffs in opposition to the application. plaintiffs? counsel referring to section 28 of the indian contract act, 1872 contended that the law does not allow parties to make contracts whereby they bargain in advance, the right not to resort to the courts for the protection of their rights and determination of their liabilities. such .....

Tag this Judgment!

Mar 26 2019 (HC)

Venezia Mobili (India) Pvt. Ltd. Vs.ramprastha Promoters & Developers ...

Court : Delhi

Decided on : Mar-26-2019

..... case that the plaintiff had to prove that it had incurred the cost for the kitchens.29. learned counsel for the defendants submitted that under section 74 of the indian contract act, 1872, a claim for liquidated damages cannot be adjudicated in a summary manner. in support of his submission, he relied on kailash nath associates vs. delhi development authority (2015) 4 ..... him/her (payment schedule). (emphasis supplied) 20. he submitted that no case had been pleaded or made out for frustration of the second agreement under section 56 of the indian contract act, 1872.21. he further contended that in the defendants written statement, there was no categorical and specific denial of the claim of the plaintiff. he stated that the defendants attributed delay ..... pleaded or made out a case of frustration and/or for the agreement to be declared void on account of being an agreement to do an impossible act under section 56 of the indian contract act, 1872. g. defences regarding environmental issues, shortage of material as well as labour pre-date the second agreement and therefore cannot be put forward as a defence ..... loss in accordance with the general principles of damages under section 73 of cs (comm) 760/2017 page 12 of 22 the indian contract act, 1872, even when there is a claim for liquidated damages under section 74 of the indian contract act, 1872. he further submitted that kailash nath associates (supra) over-ruled the judgments of ongc vs. saw pipes, air2003sc2629 maula bux vs. .....

Tag this Judgment!

Sep 23 2019 (HC)

Modicare Limited vs.gautam Bali & Ors

Court : Delhi

Decided on : Sep-23-2019

..... the adjudication hereunder is on the subject, whether to a claim 1. founded on tort of unlawful interference with business, as distinct from a claim based upon a contract, section 27 of the contract act, 1872 does not apply .2. the plaintiff instituted cs(comm) no.763/2016 for, (i) permanent injunction restraining its ex-employees and the businesses set up by them from ..... to be the down line consultants of the plaintiff, not to engage in the same business and similar products, such an agreement would be violative of section 27 of the contract act, 1872 and would not be enforceable.5. accordingly, the order dated 10th june, 2016 is modified by vacating the part thereof vis-a-vis applicants/defendants whereby they have been restrained ..... attention to the torquay hotel company limited vs. cousins [1969]. 2 ch. 106 in this regard.5. i have enquired, whether there is an equivalent of section 27 of the contract act, 1872 in the law in united kingdom inasmuch as once the law of this country is that there can be no restraint by ..... any occupation, trade or business, can be imposed only by law. the law of tort of unreasonable interference in carrying on business, in view of section 27 of the contract act in force since 1872, was not the existing law within the meaning of article 19 (6) of the constitution.33. i have in independent news service pvt. ltd. vs. sucherita kukreti(2019 .....

Tag this Judgment!

Aug 20 2019 (SC)

M/S Kut Energy pvt.ltd Vs. The Authorized Officer Punjab National Bank

Court : Supreme Court of India

Decided on : Aug-20-2019

..... unable to agree with the contention that the bank has a lien on the pre-deposit made under section 18 of the sarfaesi act in terms of section 171 of the contract act, 1872. section 171 of the contract act, 1872 on general lien, is in a different context: 171. general lien of bankers, factors, wharfingers, attorneys and policy-brokers. ..... entitled to refund of the amount so deposited. the submission that the bank had general lien over such deposit in terms of section 171 of the contract act, 1872 was rejected as the money was not with the bank but with the drat. in the instant case also, the money was expressly to be ..... required to be allowed. this court also considered the submission that the concerned bank had lien on the deposited amount in terms of section 171 of the contract act, 1872. the submission was rejected. paragraphs 14, 21, 22 and 23 of the decision of this court in axis bank3 were as under:- 14. a conspectus ..... other persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect. 23. section 171 of the contract act, 1872 provides for retention of the goods bailed to the bank by way of security for the general balance of account. the pre- ..... not with the bank but with the tribunal. it is not a bailment with the bank as provided under section 148 of the contract act, 1872. conceptually, it should be an argument available to the depositor, since the goods bailed are to be returned or otherwise disposed of .....

Tag this Judgment!

Feb 28 2019 (HC)

Steel Authority of India Ltd vs.m/s Seaspray Shipping Co Ltd

Court : Delhi

Decided on : Feb-28-2019

..... could hire a similar ship for a year on and from the first of january. 59. the arbitral tribunal while awarding damages has relied upon section 73 of the indian contract act, 1872 and more specifically the illustrations to the said section and has held as under:"09. none of these illustrations that form part of the statute itself, requires the non-defaulting ..... therefore, at a minimum, was entitled to proportionate damages for this period.18. as far as the damages are concerned, relying upon the illustrations to section 73 of the indian contract act, 1872 and the judgment of this court in m/s saraya distillery v. uoi & anr., air1984del360 he submits that the respondent was not required to procure the vessel for purposes of ..... with the above submissions of the learned senior counsel for the petitioner. omp762015 page 34 58. illustration (a),(d) and (g) to section 73 of the indian contract act, 1872 are reproduced hereinbelow: (a) a contracts to sell and deliver 50 maunds of saltpetre to b, at a certain price to be paid on delivery. a breaks his promise. b is entitled to receive ..... that it validly terminated the agreement much less that it was done retrospectively with effect from may 2011. if parties to contracts were allowed to retrospectively terminate their contracts it would lead to an absurdity and render many provisions of the contract act, 1872 redundant and inapplicable." 45. the above finding of the arbitral tribunal can be considered in two parts: omp762015 page 27 a .....

Tag this Judgment!

Jul 01 2019 (HC)

M/S Shakti Residency Pvt. Ltd. Vs.sanjiv Anand & Anr.

Court : Delhi

Decided on : Jul-01-2019

..... reasonable period. mr. malhotra submits that the learned fao(os) 9/2017 page 13 of 29 single judge has failed to appreciate the purport of section 46 of the indian contract act, 1872, though he has taken notice thereof in the impugned order.28. mr. malhotra has sought to place reliance on hungerford investment trust limited (in voluntary liquidation) vs. haridas mundhra and ..... amount is due and payable to plaintiff prior to the sale of the suit property to a third party.9. ms seth also referred to section 46 of the indian contract act, 1872 and contended that where time for performance of promise is not specified, the same must be performed within a reasonable time. she submitted that although the defendants may be entitled ..... deductions cannot exceed the sum of rs.1 crore, as per express terms of the agreement to sell dated 16.02.2012 as well as per section 74 of the contract act, 1872. (emphasis supplied).23. the plaintiff avers that even if, for the sake of arguments, it were to be accepted that the respondents were entitled to forfeit the amount of rs ..... at p. 297: their lordships do not think that this section (section 55, contract act, 1872) lays down any principle which differs from those which obtain under the law of england as regards contracts to sell land. the law has been summarized by pollock and mulla in their indian contract and specific relief acts, 7th edn. (1944) at p. 303 in the following words: either party .....

Tag this Judgment!

Sep 11 2019 (SC)

Raja Ram Vs. Jai Prakash Singh

Court : Supreme Court of India

Decided on : Sep-11-2019

..... executed in favour of defendant no.1 because of the physical infirmity of the deceased on account of his old age.7. section 14 of the indian contract act, 1872 defines free consent as follows: 14. free consent defined consent is said to be free when it is not caused by (1) xxxxx (2) ..... deceased or that the sale deed executed was unconscionable. the onus would shift upon the original defendants under section 16 of the contract act read with section 111 of the evidence act, as held in anil rishi vs. gurbaksh singh (supra), only after the plaintiff would have established a prima facie case. ..... proving that such contract was not induced by undue influence shall be upon the person in a position to dominate the will of the other. nothing in the sub section shall affect the provisions of section 111 of the indian evidence act, 1872 (1 of 1872). 8. section 111 of the indian evidence act, 1872, explains good ..... persons in the year 1968 as contended by the defendants.4. learned counsel for the respondent/defendants submitted that under section 101 of the evidence act, 1872 the initial onus lay on the plaintiffs by establishing a prima facie case for undue influence and only then the onus would shift to them. ..... undue influence, as defined in section 16, section 16 defines undue influence as follows: 16. undue influence defined (1) a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to .....

Tag this Judgment!

Aug 19 2019 (SC)

Association of Medical Super Speciality Aspirants and Residents Vs. Un ...

Court : Supreme Court of India

Decided on : Aug-19-2019

..... opinion that the conditions of compulsory bonds for admission to post-graduate and super-speciality courses in government medical colleges are not in violation of section 27 of the indian contract act, 1872.40. the upshot of the above discussion is that the writ petitions and the appeals deserve to be dismissed. consequently, all the doctors who have executed compulsory bonds shall ..... profession 39. the argument advanced on behalf of the appellants that compulsory bonds placed a restraint on their profession and thus, would be contrary to section 27 of the indian contract act, 1872. the high court of calcutta repelled this submission by holding that the compulsory bond does not amount to any restraint on the professional activity of the appellants. the high ..... this court in dr. pradeep jain v. union of india.3 they further submitted that the service bonds executed by the appellants fall foul of section 27 of the indian contract act, 1872. the notifications that were issued by the state government were also challenged on the ground of unconstitutionality as the state government lacked competence to issue such notifications. it was ..... 19(1)(g) and 23 (1) read with article 21 of the constitution. the compulsory bond is violative of section 27 of the indian contract act, 1872 apart from being barred by section 14 of the specific relief act, 1963. according to mr. ahmadi, insistence of compulsory service in the army for five years is forced labour which is prohibited under article 23 .....

Tag this Judgment!

Jul 23 2019 (HC)

Rasmala Trade Finance Fund vs.raman Gupta

Court : Delhi

Decided on : Jul-23-2019

..... it is not obliged to take action against the principal before proceeding against the guarantor. reliance is also placed upon section 128 and 135 of the indian contract act, 1872 to submit that even under indian law, the surety s liability is co- extensive with that of the principal debtor. article 1078 of the uae civil ..... against one of them, his right to claim against the others shall not lapse 40. the said position is similar to section 128 of the indian contract act, 1872 which reads as under: - 128. surety s liability.-. the liability of the surety is co-extensive with that of the principal debtor, unless it is ..... there can be no waiver of such statutory provisions. such a waiver would also be not recognized under indian law in view of section 28 of the contract act. since the waiver clause would be in direct contradiction with section 28, the said waiver clause would not be enforceable. it is submitted that the ..... guarantor s liability is co-extensive with the principal borrower and that article 1056 of the uae civil code, is consistent with section 128 of the indian contract act. reliance is also placed on clause 2.4 of the personal guarantee, which clearly provides that plaintiff is not obliged to take action against the principal ..... may be drawn that parties intended to exclude all other courts. a clause like this is not hit by section 23 of the contract act at all. such clause is neither forbidden by law nor it is against the public policy. it does not offend section 28 of the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //