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Judgment Search Results Home > Cases Phrase: contract indian contract act Page 1 of about 124,880 results (0.315 seconds)

Jul 23 1923 (PC)

Steel Bros. and Co. Limited Vs. Dayal Khatav and Co.

Court : Mumbai

Reported in : AIR1924Bom247; (1923)25BOMLR1063

..... of intention as inoperative in which case he keeps the contract alive for the benefit of the seller as well as his own; or, he may ..... the rule of 'anticipatory breach' in its relation to c.i.f. contracts. if is now elementary law that where in a contract for the sale of goods, the buyer clearly shows his intention not to be bound by and to repudiate the contract, it amounts to a breach of the contract: indian contract act, section 120. in such a case the seller may treat the notice ..... treat the repudiation as a wrongful putting an end of the contract, and may at once bring his ..... action as on a breach of it: indian contract act, section 39; frost v. knight (1872) l.r. 7 ex. 111. in the latter case, the repudiation operates as a waiver of conditions .....

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Jul 23 1923 (PC)

Steel Brothers and Co. Ltd. and anr. Vs. Dayal Khatao and Co.

Court : Mumbai

Reported in : (1923)ILR47Bom924

..... of intention as inoperative, in which case he keeps the contract alive for the benefit of the buyer as well as his own; or, he may ..... the rule of 'anticipatory breach' in its relation to c.i.f. contracts. it is now elementary taw that where, in a contract for the sale of goods, the buyer clearly shows his intention not to be bound by and to repudiate the contract, it amounts to a breach of the contract: indian contract act, section 120. in such a case the seller may treat the notice ..... treat the repudiation as a wrongful putting an end to the contract, and may at once bring his ..... action as on a breach of it: indian contract act, section 39; frost v. knight (1872) l.r. 7 ex. 111. in the latter case, the repudiation operates as a waiver 01 conditions .....

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Jul 23 1923 (PC)

Steel Bros. and Co. Ltd. Vs. Dayal Khatav and Co.

Court : Mumbai

Reported in : 87Ind.Cas.67

..... of intention as inoperative, in which case he keeps the contract alive for the benefit of the seller as well as his own; or, he may ..... the rule of 'anticipatory breach' in its relation to c. i. f. contracts. it is now elementary law that where in a contract for the sale of goods, the buyer clearly shows his intention not to be bound by and to repudiate the contract, it amounts to a breach of the contract: indian contract act, section 120. in such a case the seller may treat the notice ..... treat the repudiation as a wrongful putting an end of the contract, and may at once bring his ..... action as on a breach of it: indian contract act, section 39; frost v. knight (1872) 7 ex. 111 : 41 l.j. 78 : 26 l.t. 77 : 20 w.r. 471. in the .....

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Mar 28 1952 (HC)

V.K. Kumaraswami Chettiar and ors. Vs. P.A.S.V. Karuppuswami Mooppanar

Court : Chennai

Reported in : AIR1953Mad380; (1952)2MLJ785

..... intention as inoperative, in which case he keeps the contract alive for the benefit of the buyer as well as his own or he may ..... the rule of 'anticipatory breach' in its relation to c. i. f. contract. it is now elementary law that where in a contract for sale of goods a buyer clearly shows his intention not to be bound by it and repudiates the contract it amounts to a breach of the contract (indian contract act, section 120). in such a case the seller may treat the notice of ..... default has been made.15. it is argued by mr. n. rajagopala aiyangar that the rights of the parties must be determined solely with reference to the provisions of the indian contract act; that section 39 requires that when there is a repudiation or refusal to perform by one party, there must be acceptance of that refusal or repudiation by the other party ..... treat the repudiation as wrongful putting an end to the contract and may at once bring his action as on a breach of it. (indian contract act .....

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Feb 07 2006 (HC)

Badru Nisha @ Madhuri Devi Vs. Yogendra Prasad Sinha

Court : Patna

..... really meant the time named to be the essence of the contract. this principle is fully engrafted in section 55 of the indian contract act. the position in law is that even where the time is not of the essence of the contract, the court may after that in the circumstances of the case ..... the stipulated period. in this view of the matter, the plaintiff respondent was not entitled to get a decree for specific performance of the contract. the learned lower court was in error in decreeing the suit as aforesaid and directing the defendant for execution of the sale deed. the ..... formulated for determination in this appeal:-(i) whether the court of appeal below was correct in holding that the time was the essence of contract?(ii) whether the court of appeal below was correct in law in holding, while reversing the finding of the trial court that the plaintiff ..... district judge reversed the findings of the trial court and held that the plaintiff was not entitled to get a decree for specific performance of contract. against the said judgment of reversal this second appeal has been preferred by the plaintiff-appellant.7. from perusal of the record of this ..... it has to ' be performed within a reasonable time, and it will depend upon the intention of the parties which has to be, ascertained (1) from the expressed stipulation of the contract .....

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Mar 11 1936 (PC)

The National Petroleum Company Ltd. Vs. Popatlal Mulji

Court : Mumbai

Reported in : AIR1936Bom344; (1936)38BOMLR610; 165Ind.Cas.338

..... existence an obligation in the nature of a trust in his favour. it was said in that case that the definition of ' consideration' in the indian contract act is much wider than the definition in england, and that in british india, the aim should be to do complete justice in one suit, and ..... to the conclusion to which the learned chief justice came in that case. the nature of the alternative claim is illustrated by section 233 of the indian contract act, from which it appears that where the agent is personally liable, a person dealing with him may hold either him or his principal or both ..... these decisions, however, it may be pointed out, are criticised by the learned authors, pollock and mulla, in. their commentary to section 43 of the indian contract act, and on this question they observe as follows (6th edn., p. 295):-we think it the better opinion that the enactment should be carried out to ..... latterly, the patna high courts have held that the rule does not, having regard to the underlying principle of section 43 and section 44 of the indian contract act. the calcutta high court says that the rule still applies in this country. as far as our high court is concerned, it started with assuming that ..... judgment of collins m. r. in morel brothers & co., limited v. westmoreland (earl of) [1903] 1 k. b. 64. section 43 of the indian contract act deals with this matter. it is in these terms :-when two or more persons make a joint promise, the promisee may, in the absence of express agreement .....

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Aug 28 2003 (SC)

National Highway Authority of India Vs. Ganga Enterprises and anr.

Court : Supreme Court of India

Reported in : AIR2003SC3823; III(2003)BC621(SC); [2003]117CompCas154(SC); 2004(1)CTLJ24(SC); 106(2003)DLT634(SC); JT2003(Suppl1)SC85; (2004)1MLJ1(SC); (2003)135PLR721; 2003(7)SCALE171; (

..... the bank guarantee and/or enforcing the bid security, there is no statutory right, exercise of which was being fettered. there is no term in the contract which is contrary to the provisions of the indian contract act. the indian contract act merely provides that a person can withdraw his offer before its acceptance. but withdrawal of an offer, before it is accepted, is a completely different ..... him. forfeiture of such earnest/security, in no way, affects any statutory right under the indian contract act. such earnest/security is given and taken to ensure that a contract comes into existence. it would be an anomalous situation that a person who, by his own conduct, precludes, the coming into existence of the ..... in the tender documents and the bank guarantee could not override the provisions of the indian contract act. any clause in so far as it is contrary or comes in conflict with the provisions of the indian contract act is inoperative and void and cannot be enforced, to have an enforceable contract there must be an offer and unconditional acceptance, a person who makes an offer has ..... may have a right to withdraw his offer but if he has made his offer on a condition that some earnest money will be forfeited for not entering into contract or if some act is not performed, then even though he may have a right to withdraw his offer, he has no right to claim that the earnest/security be returned to .....

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Mar 28 1941 (PC)

Govind Keshav Dandavate Vs. Yeshwant Pandharinath Shete

Court : Mumbai

Reported in : (1941)43BOMLR800

..... is held to have been discovered to be so on the date on which it was reduced to writing would fall within the terms of section 65 of the indian contract act as a contract which has become void.' but in any case the privy council decision in harnath kuar v. indar bahadur singh (1922) l.r. 50 indap 69 has not been discussed ..... the money claimed by it in the suit under the terms of section 65 of the indian contract act which provides as follows:--when an agreement is discovered to be void, or when a contract becomes void,. any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from whom ..... ab initio, namely, the sale of an expectancy contrary to the provisions of the transfer of property act. nevertheless it was held that the case was governed by section 65 of the indian contract act, which, according to the true construction of its terms, includes an agreement void, in the sense of being not enforceable by law, from its inception. moreover, in saundatti municipality ..... a municipality which was not under seal as required by the bombay district municipal act. it was held that nevertheless the municipality was entitled to recover under the contract. but the case is not of much assistance for our purpose, because section 65 of the indian contract act is not discussed in the judgment, nor, it appears, was the decision based upon it. the court .....

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Sep 19 1932 (PC)

Teju Kaya and Co. Vs. Gangji Nensey and Co.

Court : Mumbai

Reported in : AIR1933Bom71; (1932)34BOMLR1629

..... burjorji dhunjibhai i.l.r. (1915) bom 289 18 bom. l.r. 163 that the rules laid down in section 55 of the indian contract act do not vary from the english rules, and that the section lays down no principle which differs from those which obtain under the law of england as ..... intention of the parties was that time should be of the essence of the contract, then if the contract is broken as to time the promisee has an ..... the vendor's breach of the stipulation in the contract as to time for completion.16. i have dealt with the question so far under the english law, but provisions as to time in relation to contracts in india are contained in section 55 of the indian contract act. that section provides in substance that if the ..... on the ground that the vendor had been guilty of unreasonable delay, and that the purchaser had validly determined the contract. lord parker dealt with the principles on which courts of equity act in departing from strict stipulations as to time. he points out that equity, if it could do so without doing ..... option to avoid the contract; but that if it was not the .....

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Aug 26 1907 (PC)

Ranchhod Bhawan Vs. Manmohandas Ramji

Court : Mumbai

Reported in : (1907)9BOMLR1087

..... . but further i am not prepared to hold that the rule in flureau v. thornhill (1776) 2 w. bl. 1078 is law in this country. see pollock and mulla's indian contract act at p. 263 and the dictum of farran c.j. in nagardas v. ahmedkhan ilr (1895) i.l.r. 21 bom. 175 . 'the legislature has not prescribed a diffrent measure ..... . hiralal's letters of the 21st and 25th april 1906 the defence now set up was foreshadowed.5. the plaintiff is, therefore, entitled to damages under section 73 of the contract act. but mr. strangman has argued that the rule in flureau v. thornhill (1776) 2w. bl. 1078, followed in bain v. fothergill (1874) l.r. 7 eng. & ir. app. 158, applies ..... , were appointed trustees under the said will with power to sell in one or more lots the properties of the testator mentioned in the said will. acting under the said power to sell, the trustees contracted to sell certain portion of the testator's property in 1902 and the plaintiffs, in suit 652 of 1897, took out a notice of the 19th ..... therefore that case cannot be taken as holding that the rule must be read into section 73 by which i am bound. when the contract act was passed bain v. fothergill had not been decided and the rule in flureau v. thornhill had already been limited by subsequent decisions. as section 73 imposes no exception on .....

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