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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 2019 Page 1 of about 325 results (0.115 seconds)

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 .....

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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 .....

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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 .....

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Oct 03 2019 (SC)

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

Decided on : Oct-03-2019

..... one person to itself; and that, therefore, the doctrine of agency/trust/mutuality continues as before. he referred to the definition of consideration in section 2(d) of the indian contract act, 1872, which according to him made it clear that consideration must flow from one person to another and in the absence of two players, as in the case of young men ..... argued by shri jaideep gupta, the definition of consideration in section 2(d) of the indian contract act, 1872 necessarily posits consideration passing from one person to another. the definition of consideration as stated in the indian contract act, 1872 is as follows:48. 2. interpretation-clause.- in this act the following words and expressions are used in the following senses, unless a contrary intention appears from ..... club. food and refreshments such as wine, beer and spirits were served to members on payment for the same. the question was whether a license was required under the licence act, 1872, 29 to sell liquor by retail. in this context, the queen s bench division held: i think the true construction of the rules is that the members were the joint ..... the expression "sale of goods" as used in the entries in the seventh schedule to the constitution has the same meaning as in the sale of goods act, 1930. this decision related to works contracts. by a series of subsequent decisions, the supreme court has, on the basis of the decision in gannon dunkerley's case, held various other transactions which resemble .....

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Apr 10 2019 (SC)

Garware Wall Ropers Ltd. Vs. Coastal Marine Constructions Engineering ...

Court : Supreme Court of India

Decided on : Apr-10-2019

..... act the following words and expressions are used in the following senses, unless a contrary intention appears from the ..... arbitrator were to commence the arbitration and then impound the documents containing the arbitration clause by applying the indian stamp act. she also argued that, in the present case, it is the appellant who is to pay stamp duty under the indian contract act, 1872, and therefore, cannot take advantage of its own wrong in not doing so, as has been correctly held in ..... null and void shall not entail ipso jure the invalidity of the arbitration clause. 15. but where the contract or instrument is voidable at the option of a party (as for example under section 19 of the contract act, 1872), the invalidity that attaches itself to the main agreement may also attach itself to the arbitration agreement, if the reasons which make the main ..... , the arbitration clause that is contained in the sub-contract in question is the subject matter of the present appeal. it is significant that an arbitration agreement may be in the form of an arbitration clause in a contract . 28 18. sections 2(a), 2(b), 2(g) and 2(h) of the indian contract act, 1872 [ contract act ]. read as under: 2. interpretation clause. in this .....

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Sep 12 2019 (SC)

General Manager, Electrical Rengali Hydro Electric Project Vs. Sri Gir ...

Court : Supreme Court of India

Decided on : Sep-12-2019

..... is it the same as misrepresentation?.40. in the indian contract act, 1872 (hereinafter referred to as the contract act , for short), definition of fraud , is as follows: 17. fraud defined. fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, ..... the definition of the word fraud , as defined in section 17 of the contract act, would reveal that the concept of fraud is very wide. it includes any suggestion, ..... may be noticed that coercion is 67 another element which is antithetical to free consent and is separately dealt with under section 15 of the contract act. he minces no words after employing the expression threat, coercion , when he declared that being afraid, he was made to sign the vss ..... keeping silence to speak, or unless his silence is, in itself, equivalent to speech. 41. misrepresentation is separately defined in section 18 of the contract act, as follows: 18. misrepresentation misrepresentation means and includes defined. (1) the positive assertion, in a manner not warranted by the information of the ..... burden of 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). 44. a perusal of .....

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Aug 13 2019 (SC)

Madhukar Nivrutti Jagtap . Vs. Pramilabai Chandulal Parandekar (Dead) ...

Court : Supreme Court of India

Decided on : Aug-13-2019

..... ) in determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872 (9 of 1872). (5) no compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: provided that where the plaintiff has not claimed any such ..... performance. for the relief of specific performance, which is essentially a species of equity but has got statutory recognition in terms of the specific relief act, 19635, the plaintiff must be found standing with the contract and the plaintiff s conduct should not be carrying any such blameworthiness so as to be considered inequitable. the requirement of readiness and willingness of the ..... that the expression reasonable time for performance on the part of plaintiff would depend on the circumstances of the case, including the terms of contract. in pushparani s. sundaram, the basic requirements of section 16 of the act of 1963 were reiterated. in contrast to what is suggested on behalf of the appellants, we may point out that recently, in the case ..... that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should 7 the expression either in addition to, or in substitution of was substituted by the expression in addition to by act no.18 of 2018. 39 also be made to the plaintiff, it shall award him such compensation accordingly. (4 .....

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Aug 20 2019 (SC)

Tilak Raj Bakshi Vs. Avinash Chand Sharma(dead) Through Lrs.

Court : Supreme Court of India

Decided on : Aug-20-2019

..... vague, unenforceable and void, the complaint of the plaintiff is that there is no 14 pleading that family settlement is vague and unenforceable. section 29 of the indian contract act, 1872 (hereinafter referred to as the contract act , for short), reads as follows: void 29. agreements for uncertainty. agreements, the meaning of which is not certain, or capable of being made certain, are void. ..... hundred or rupees one thousand . there is nothing to show which of the two prices was to be given. the agreement is void." 19. section 93 of the indian evidence act, 1872, reads as follows: 93. exclusion of evidence to explain or amend ambiguous document. when the language used in a document is, on its face, ambiguous or defective, evidence may ..... the condition in the family settlement providing for preference. whether the high court was right in holding that the courts would not exercise discretion under section20of the specific relief act, 1963 as the contract was not specifically enforceable?.33. next question we must pose and answer is whether the high court was right in holding that the courts would not exercise discretion ..... the property to the second defendant?. d. whether the high court was right in holding that the courts could not exercise discretion under section 20 of the specific relief act, 1963 as the contract is not specifically enforceable?. e. what is the impact of absence of written concurrence by brothers for sale?. f. what is the effect of the prohibition against .....

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Aug 07 2019 (SC)

M/S National Highways and Infrastructure Development Corporation Ltd V ...

Court : Supreme Court of India

Decided on : Aug-07-2019

..... concession agreement, the bid process may be annulled without giving any reason whatsoever by the respondent no.1.14) under section 7 of the indian contract act, 1872 in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. it is clear on the facts of this ..... or three very important steps have to be undergone before there could be said to be an agreement which would be enforceable in law as a contract between the parties.19) mr. dave also strongly relied upon the judgment in inox wind limited v. thermocables limited, (2018) 2 scc519 this ..... amendment in the agreement. clause 2.20.5 the selected bidder s bid security will be returned, without any interest upon the bidder signing the contract agreement and furnishing the performance security in accordance with the provisions thereof. the authority may, at the selected bidder s option, 6 civil appeal ..... c) no.32010 of 2018) the authority may, in its own discretion, cancel the bidding process at any stage prior to entering into the ultimate contract agreement. according to him, the minor difference between the psa mumbai investments pte. limited judgment containing a reference to the formation of a special purpose ..... the loa received by fax duly signed with an acknowledgment. by a further communication dated 08.11.2014, the respondent then wished to sign the contract agreement for the above work on 13.11.2014. nothing happened until august, 2016, except that the guarantees that were required under the rfp .....

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Apr 16 2019 (SC)

Bharat Broadband Network Limited Vs. United Telecoms Limited

Court : Supreme Court of India

Decided on : Apr-16-2019

..... paragraph 21 thereof, which reads as follows: 21. regard being had to the aforesaid decisions, it is clear that when waiver is spoken of in the realm of contract, section 63 of the contract act, 1872 governs. but it is important to note that waiver is an intentional relinquishment of a known right, and that, therefore, unless there is a clear intention to relinquish ..... expression express agreement in writing refers to an agreement made in words as opposed to an agreement which is to be inferred by conduct. here, section 9 of the indian contract act, 1872 becomes important. it states: 9. promises, express and implied. in so far as a proposal or acceptance of any promise is made in words, the promise is said to be ..... . the respondent was the 1 successful l1 bidder. the appellant issued an advance purchase order [ apo ]. dated 30.09.2014. clause iii.20.1 of the general (commercial) conditions of contract [ gcc ]. provides for arbitration. the said clause reads as under: iii.20 arbitration iii.20.1 in the event of any question, dispute or difference arising under the agreement or ..... 2018) judgment r.f. nariman, j.1. 2. leave granted. the present appeals raise an interesting question as to the interpretation of section 12(5) of the arbitration and conciliation act, 1996 [ act ]..3. the appellant, bharat broadband network ltd. [ bbnl ]., had floated a tender dated 05.08.2013 inviting bids for a turnkey project for supply, installation, commissioning, and maintenance of .....

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