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Judgment Search Results Home > Cases Phrase: contractual indian contract act Page 1 of about 19,143 results (0.184 seconds)

Aug 12 1982 (HC)

Board of Trustees of the Post of Bombay and ors. Vs. Sriyansh Knitters

Court : Mumbai

Reported in : AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509

..... the said general lien is available only by custom or usage. the trail judge further held that section 171 of the indian contract act deals with contractual bailments and has no application whatsoever to other kinds of bailment which are not contractual in nature. it was further held that the port trust is not the bailee of the consignee but only of the ..... petition that the appellants are not entitled to claim general lien under section 171 of the indian contract act as there is no existing contractual relationship between the appellants and the respondents. the respondents claimed that the provisions of section 171 of the indian contract act deal only with the contractual bailments. it was further claimed that port trust is not bailee of consignees but only ..... the submission advanced on behalf of the respondents that the rights available under s. 171 of the indian contract act , even assuming that there was contractual relationship between the port trust authorities and the consignee, are excluded by the provisions of the major port trusts act, 1963 as amended in the year 1975. it was further held that the bailment if created ..... of ship-owners. the respondents also claim that the major port trusts act is a complete code in itself, and it is not permissible for the .....

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Apr 24 2002 (HC)

Smt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.

Court : Punjab and Haryana

Reported in : [2003]117CompCas660(P& H)

..... adjective legislation, which would govern parties to a contract, who had agreed to subject themselves to arbitration for the settlement of their disputes. illustratively, on the ..... arbitration act, 1996, can, therefore, be described as an ..... confined to the provisions of the companies act, 1956. according to the learned counsel, the arbitration act, 1996, is merely a procedural legislation for enforcement of contractual obligations. it is pointed out that the arbitration act, 1996, lays down an alternative procedure for settlement of disputes, arising out of contractual obligations (under the indian contract act 1872), at the option of the contracting parties. it is submitted that the .....

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Mar 17 1938 (PC)

Parvatibai Harivallabhdas Vani Vs. Vinayak Balvant Jangam

Court : Mumbai

Reported in : AIR1939Bom23; (1938)40BOMLR989

..... appunni nair v. isack mackadan i.l.r. (1919) mad. 272. where sesha-giri ayyar j. says at page 277 :-. section 135 of the indian contract act contemplates contractual obligation between the parties. under the code of civil procedure the bond is given to the court and any infringement of the terms of the bond is a ..... interfered with without his consent) may be applied and ought to be applied even though the provisions of the indian contract act do not govern the case. in the nagpur case to which reference has been made it is pointed out that the liability of the surety may ..... court itself and not by a composition, and on that ground the sureties were held to be discharged.12. as has frequently been pointed out, the indian contract act is not exhaustive. the general principles underlying the law of suretyship (and in particular the principle that the rights of a surety are not to be ..... assented to the compromise.10. having regard to the definitions in section 126 of the indian contract act it is clear in my opinion that sections 133, 135 and 139 cannot apply in terms to a transaction of this kind, where the bond is ..... the surety bond, and if the terms of the bond do not exclude the compromise, then the surety is not discharged. if section 135 of the indian contract act applied in such a case, it would seem that the surety must be discharged unless it appeared from the surety bond or otherwise that he had .....

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Dec 12 1917 (PC)

Abi Dhunimsa Bibi Vs. Mahammad Fathi UddIn and anr.

Court : Chennai

Reported in : (1918)ILR41Mad1026

..... dower. in the present case, the plaintiff was a major according to muhammadan law. but as regards general contractual obligations, the indian contract act has superseded the laws of hindus and of muhammadans. if this question is not complicated by the exception contained in the indian majority act to which we shall presently refer, there could be no doubt that the renunciation of the dower by ..... plaintiff would, not bind her.8. now the question is whether section 2 of act ix of 1875 has ..... liberty to the indian subjects of the sovereign to exercise their rights in matters specially pertaining to religion or religious usages. no attempt was made in the majority act to indicate the legal consequences which might flow upon the exercise of these rights. the object was to confer a privilege and not to endanger ordinary civil rights. civil and contractual obligations might ..... to deprive minors belonging to the hindu or muhammadan communities from enjoying the privileges of that legislation by operation of section 3 of the indian majority act. in our opinion the injunction of muhammadan law which prohibits injurious acts being done by a minor to his prejudice must be taken to have been preserved till the age at which he or she .....

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Dec 06 1917 (PC)

Abi Dhunimsa Bibi Ammal Vs. Muhammad Fatttu UddIn Sahib and ors.

Court : Chennai

Reported in : AIR1918Mad319; (1918)35MLJ468

..... dower. in the present case, the plaintiff was a major according to muhamadan law, but as regards general contractual obligations the indian contract act has superseded the laws of hindus and of muhamadans. if this question were not complicated by the exceptions contained in the indian majority act to which we shall presently refer there could be no doubt that the renunciation of the dower by ..... plaintiff would not bind her.5. now the question is whether section 2 of act ix of 1875 has made ..... liberty to the indian subjects of the sovereign to exercise their rights in matters specially pertaining to religion or religious usages. nc attempt was made in the majority act to indicate the legal rights which might flow upon the exercise of these rights. the object was to confer a privilege and not to endanger ordinary civil rights. civil and contractual rights might flow ..... to deprive minors belonging to the hindu or muhamadan communities from enjoying the privileges of that legislation by operation of section 2 of the indian majority act. in our opinion the injunction of muhamadan law which prohibits injurious acts being done by a minor to his prejudice must be taken to have been preserved till the age at which he or she attains .....

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Aug 01 1919 (PC)

Odayamangalath Appunni Nair Vs. Isack Mackadan

Court : Chennai

Reported in : (1920)ILR43Mad272

..... passed after contest. if there has been collusion between the plaintiff and the defendant in obtaining the decree, the surety is not without remedy. secondly, section 135 of the indian contract act contemplates contractual obligation between the parties. under the code of civil procedure the bond is given to the court and any infringement of the terms of the bond is a violation of ..... a further contention that, as the parties to the suit instead of going to trial agreed to a decree by consent, the surety was discharged under section 135 of the indian contract act. the district munsif rejected these contentions and ordered execution. on appeal the district judge has reversed that order. a civil miscellaneous second appeal against the order refusing execution against the ..... application, or has surrendered to the court for this purpose. these conditions were not complied with in this case.9. for the respondent the principle underlying section 135 of the contract act has been referred to and it has been contended that as the first defendant entered into a compromise with the plaintiff without the assent of the surety, the latter is .....

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Jul 06 2015 (HC)

Ntpc Vs. Hindustan Construction Company Limited

Court : Delhi

..... of the work which certainly was not in the control of both the parties as also concluded by the ld. tribunal and therefore the invocation of section 73 of indian contract act is contrary to contractual =============================================================== provisions. the hcc therefore, is entitled to the payments under clause 65.8 only. (i) clause 65.8.1 bars to grant any profit or advantage which he ..... 66.1 of fidic by ntpc on the directions of the govt. of india is a breach of terms of contract and therefore section 73 of indian contract act would be applicable. in fact, this is not a case of the breach of contract for the reason that clause 66.1 of fidic provides a mechanism to compensate the parties in case the circumstances so ..... engineer to certify the reasonable amount payable under this condition. 5.1.2. in the present case, hcc has claimed for the following costs on account of closure of the contract: (i) cost of the works, executed; (ii) release of amounts retained from ra bills. (iii) cost for extension of bgs related to mobilization and equipment advances (iv) cost for ..... might have derived from the execution of the works in full but which he did not derive in consequence, of the foreclosure of the contract. (ii) clause 65.8.2 .....

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Aug 01 1919 (PC)

Odayamangalath Appanni Nair Vs. Isaak Mackadam

Court : Chennai

Reported in : (1919)37MLJ435

..... passed after contest. if there has been collusion between the plaintiff and the defendant in obtaining the decree the surety is not without remedy. secondly, section 135 of the indian contract act contemplates contractual obligations between the parties. under the code of civil procedure the bond is given to the court and any infringement of the terms of the bond is a violation of ..... a consent decree which has now been put in execution. the surety whose bond was not in terms discharged contended that the bond was discharged under section 135 of the indian contract act. the district munsif rejected these contentions and ordered execution. on appeal the district judge has reversed that order. a civil miscellaneous appeal against the order refusing execution against the surety ..... application or has surrendered to the court for this purpose. these conditions were not complied with in this case.9. for the respondent the principle underlying section 135 of the contract act has been referred to and it has been contended that as the first defendant entered info a compromise with the plaintiff without the assent of the surety, the latter is .....

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Mar 22 2006 (SC)

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

..... contractual covenants or restrictions has been consistent, unchanging and completely settled in our country. the legal position clearly crystallised in our country is that while construing the provisions of section 27 of the contract act, neither the test of reasonableness nor the principle of restraint being partial is applicable, unless it falls within express exception engrafted in section 27.section 27 of the indian contract act ..... the appellant to commence arbitration. learned senior counsel for respondent no. 1 submitted that the impugned judgment of the division bench that clause 31(b) is void under the indian contract act is only a prima facie finding at an interim stage. such a submission, according to mr. desai, is only to be stated to be rejected. the judgment of ..... ashok h. desai, learned senior counsel, appearing for the appellant submitted that the high court has failed to appreciate the true legal meaning and effect of section 27 of the indian contract act, 1872. he submitted that an agreement of 'first option' or the 'right of first refusal' of the kind contained in the promotion agreement dated 01.11.2000 entered ..... the permission agreement entered into between the appellant - percept d. markr (india) pvt. ltd. and the respondent no. 1 - zaheer khan is void under section 27 of the indian contract act, 1872 has been in restraint of trade. it was submitted by learned senior counsel for the appellant - mr. ashok h. desai that the provision such as the right of first .....

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Aug 21 1915 (PC)

Laxmibai and anr. Vs. Keshav Annaji Pokharkar and anr.

Court : Mumbai

Reported in : AIR1916Bom239; 33Ind.Cas.396

..... section will be found several of the english cases which i have been discussing, but the commentators appear to overlook the difficulty which is one not of contractual relations, but of evidence. doubtless were the contract oral, no difficulty would arise under section 233 of the indian contract act. there would then be nothing to hinder the plaintiff from suing the agent who made the ..... a foundation for deciding that inasmuch as the whole transaction was tainted with immorality, the court ought to refuse relief within the spirit and meaning of section 23 of the indian contract act. but although i have no doubt that from punamchand's point of view the transaction was as thoroughly immoral as any need be to come within the prohibition of that ..... thereunder, that agreement had been cancelled by the plaintiff himself and the defendant no. 2 was otherwise absolved from any liability thereunder within the meaning of section 39 of the indian contract act. at one time i thought that there was great force in that contention and had some hope of disposing of the suit upon that simple ground. further reflection, however, and ..... that at the time that representation was made it was not the intention of the person making it to keep it. i add that reservation, because section 16 of the indian contract act includes under the head of 'fraud' the making of promises without the intention of keeping them. that appears to me, and always has appeared to me, to introduce a very .....

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