Court : Chennai
Reported in : 84CompCas932(Mad); (1993)IMLJ483
..... maintainability of the suit and for the reason that there has been no examination by the learned single judge of the question falling under sections 64 and 65 of the indian contract act, and exceptions to the rule, in pari delicto potior est conditio defendentis and whether the plaintiff and the defendant are in pari delicto for which specific issues are necessary, we propose ..... 243) : 'in muralidhar chatterjee v. international film co. ltd. , sir george rankin in delivering the judgment of the privy council analysed the various provisions of the indian contract act and held that money received by a party to a contract in part discharge of the consideration due or to become due, though applied for defraying the expenses of carrying out this part of the ..... or the moneys have come into his hands as the proceeds of an illegal transaction.' - see anson's principles of the english law of contract, page 346.' 14. in the indian contract act, we have in section 64, the consequences of rescission of a voidable contract and in section 65, the obligation of persons who have received advantage under a void agreement or a ..... contract that became void. section 64 of the contract act says that when a person at whose option a contract is voidable rescinds it, the other party thereto need .....Tag this Judgment!
Court : Mumbai
Reported in : 41CompCas377(Bom); 41ITR377(Bom)
..... be rejected. a proxy holder is merely an agent of a shareholder to vote at a particular meeting. under section 203 of the indian contract act, 1872, except where an agent has an interest in the subject-matter of the agency, the principal may revoke the authority given to his agent ..... kilachand brother and their relatives hold considerable financial interest. the sole selling agents of the said polychem ltd. are indian commercial company private ltd. of which almost all except two shares are held by the kilachand family and the said kesar corporation private ltd. the solicitor-director was also ..... had to consider rule 64 of schedule ii to the public health act, 1875, under which a member of a local board who 'in any manner' was 'concerned in any bargain or contract' entered into by such board ceased (except in certain cases) to be such member and his office was thereupon ..... to become vacant. by rule 70 of the said schedule a penalty was imposed upon a person who acted as such member when disabled from acting by any provision of the act. ..... the defendant, a member of a local board, was employed by person with whom the board had contracted .....Tag this Judgment!
Court : Mumbai
Reported in : (1921)23BOMLR1144; 66Ind.Cas.726
..... being bad they could not give to the purchaser, defendant no. 1, a better title to the shares than they themselves had (section 108, indian contract act) and that none of the exceptions to section 108 of the indian contract act applied and so the plaintiff was entitled to the half shares is this suit and to the shares in the other suits filed by him ..... buys them in good faith of the- buyer who is in possession of the goods unless the circumstances which render the contract voidable amount to an offence committed by the buyer or those whom he represents: see section 108, exception 3, indian contract act.32. i hold, therefore, that even if ismail was induced to part with the share certificates on the fraudulent ..... the plaintiff as well as for the defendant admitted that chapter vii of the indian contract act applied to shave certificates. under 8 108 of the indian contract act no seller can give to the buyer of goods a better title than he himself has except in cases falling within the exceptions to that section.22. assuming that the plaintiff dealt with the brokers as principal ..... companies, vol. i, p. 658.21. the expression 'goods' in section 108 of the indian contract act includes all moveable property. see section 76 of the indian contract act, the general clauses act no. 1 of 1868, section 2, sub-section 6, defines moveable property as meaning property of every descripttion except immoveable property and sub-section 5 defines immoveable property as including land, benefits to arise .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; 2SCR278; 1986(2)SLJ320(SC)
..... to dominate the will of another -(a) where he holds a real or apparent authority over the other ....we need not trouble ourselves with the other sections of the indian contract act except sections 23 and 24. section 23 states that the consideration or object of an agreement is lawful unless inter alia the court regards it as opposed to public policy. this ..... declaration that clause (1) of rule 9 of the 'service, discipline & appeal rules - 1979' of the central inland water transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate ..... states that 'the consideration or object of an agreement is lawful, unless . . . the court regards it as . . . opposed to public policy.' 95. the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public policy' or 'contrary to public ..... be adjudged void. while the law of contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act which can apply is section 23 when it .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1927Bom565; (1927)29BOMLR1254
..... to prevent parties to a pending suit from adopting a similar course. i respectfully agree with them. in this connection reference may be made to the indian contract act, 1872, section 28, exception 2. i further agree with both these learned judges that either party could file a suit to enforce the award and apply for a stay of the original suit, ..... any agreement by which one party is restricted absolutely from enforcing his rights under the contract by the usual legal proceedings in the ordinary tribunals, yet exceptions 1 and 2 in effect exempt arbitrations. the ..... the court was bad as being opposed to public policy. the law upon that topic is contained, so far as this country is concerned, in section 28 of the indian contract act, it is not possible to construe the provisions of that section so as to exclude agreements such as we have to consider in this case.60. i now come ..... unfortunately that law is scattered through several different acts, and even then it leaves obvious gaps. the acts i refer to are the indian contract act 1872 : the specific relief act 1877 : the indian arbitration act 1899 : and section 89 and schedule ii to the civil procedure code 190*. turning first to the indian contract act, an agreement for reference is prima facie a contract within section 10, and though section 28 avoids .....Tag this Judgment!
Court : Gujarat
Reported in : (1984)1GLR237
..... learned single judge has observed regarding sections 151 and 152 of the indian contract act as under:sections 151 and 152 of the indian contract act prescribe the amount of care required to be taken by bailees. a bailment for carriage is also governed by the provisions of sections 151 and 152 of the indian contract act, except where the carriage is by a common carrier. a person who engages ..... in the business of transporting property by air is not a 'common carrier' within the meaning of the carriers act, iii of 1865; and consequently the special law applicable to common carriers under the ..... under law to a bailee to provide in an agreement with the bailor for absolving the bailee from the minimum liability provided under section 151 of the indian contract act.12. sections 151 and 152 of the indian contract act, 1972 provide as under:151. care to be taken by bailee: in all cases of bailment the bailes is bound to take as much care of ..... . the aforesaid analysis shows that there are binding decisions of division bench of equal strength which have taken inconsistent views regarding the group of sections dealing with bailment of the indian contract act, 1872 and the supreme court has not so far resolved the said controversy so as to declare that view expressed in the aforesaid case of official assignee bombay and the .....Tag this Judgment!
Court : Mumbai
Reported in : (1954)56BOMLR944
..... , for loss of goods delivered to them for transport.6. sections 151 and 152 of the indian contract act prescribe the amount of care required to be taken by bailees. a bailment for carriage is also governed by the provisions of sections 151 and 152 of the indian contract act, except where the carriage is by a common carrier. a person who engages in the business of ..... transporting property by air is not a 'common carrier' within the meaning of the carriers act, iii of 1865; and consequently the special law applicable to common carriers under the ..... bailment must be regarded as mandatory. but it is to be noted that the learned chief justice there was not discussing the provisions of section 151 of the indian contract act, but was discusing the provisions of section 176 of the indian contract act. in that case there is no considered decision of the court on the question, whether the provisions of section 151 of the ..... by reason of his failure to take such care of the thing bailed to him as is provided in section 151 of the indian contract act,9. in my view the contention cannot be accepted. undoubtedly section 151 of the contract act imposes upon a bailee liability to take such care of the goods bailed to him as a person of ordinary prudence would take .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(6)ALLMR(SC)904; 2009(2)KarLJ1; (2008)7MLJ550(SC); 2008(9)SCALE144; 2008AIRSCW6476; 2008(4)LH(SC)2287; 2008AIRSCW6476; 2008(4)LH(SC)2287
..... by one person against another or against a specified property, it will be a release....it is, therefore, not a pure question of law.47. section 25 of the indian contract act contains several exceptions, that is to say : (i) if it is in writing; (ii) if it is registered or (iii) if the same has been executed on account of love and affection ..... if it had been paid, or delivered, in accordance with the intention of the parties.50. the same principle might have been applied in the indian contract act. 'consideration' has been defined in section 2(d) of the indian contract act, which reads as under:(d) when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or ..... in particular the properties standing in the name of singaramma could not be put into hotchpotch of joint family properties. xi) consideration within the meaning of section 25 of the indian contract act, love and/or affection being consideration must be disclosed in the document, which having not been done, the impugned judgments could not have been sustained. xii) power of attorney having ..... to pray for any relief for setting aside the said deeds.iv) the partition deeds as also the deed of relinquishment were void being hit by section 25 of the indian contract act as for the said purpose passing of adequate consideration was necessary, love and affection being not the requisite consideration therefor. the partition of the properties being unfair and unequal, reopening .....Tag this Judgment!
Court : Mumbai
Reported in : (1926)28BOMLR562
..... his evidence.22. for these reasons, i agree with my lord the chief justice that defendant no. 3 is not protected by section 108 (exception 1), indian contract act, and that, in the circumstances of this case, the plaintiff is not estopped from asserting a right to the tata hydro share and the ..... opinion. the main question arising in this case is whether the respondent (defendant no. 3) is entitled to protection under the first exception to section 108 of the indian contract act. accordingly, the learned district judge raised the following appropriate points for determination, viz.:-(1) whether defendant no. 3 had purchased the ..... estoppel with regard to the tata hydro share and one crescent mill share, nor is defendant no, 3 protected by section 108 of the indian contract act, so p. that a decree should be passed against him for the return of the share certificates with properly executed transfers and in default ..... behalf of his client, he would have been protected by the provisions of section 108 of the indian contract act which is the section far more applicable to the case than section 115 of the indian evidence act.18. but he bought them from defendant no. 1 who, to his know-lodge, was ..... questions in the affirmative, for the reason that 'plaintiff having delivered to a share-broker the share certificates with transfer forms signed by him, except in regard to one share which already stood in defendant no. 1's name, he was estopped from asserting his ownership against defendant no. .....Tag this Judgment!
Court : Chennai
Reported in : (1902)12MLJ208
..... included, i.e., section 17 of the inventions and designs act, 1888, which is substantially a reproduction of section 27 of the english patents etc. act, 1883.46. by way of illustration, i may mention the following instances in which government has been specially exempted:indian contract act, section 74 - the exception provides that when any sum is fixed by way of ..... section 9 - government is excepted from the operation of this section under ..... liquidated damages payable to government, the whole amount shall be recoverable and not merely reasonable compensation to be fixed by the court.specific belief act, ..... reason only that the same affects any prerogative of the crown, provided,' etc. thus section 22 of the indian councils act, 1861, conferred on the governor-general in council a general power to legislate even in matters affecting the prerogative, except in regard to certain1 specified matters, and section 24 was enacted eco majore cautela so as to show .....Tag this Judgment!