Court : Chennai
Reported in : (1973)2MLJ361
..... kinds of contracts. though the said enactment does not purport to deal exhaustively with any ..... these bye-laws are not contracts entered into under the indian contract act 1872, and therefore the provisions of section 74 of that act cannot be applied in the present case. there is no such thing as a contract entered into under the indian contract act, 1872, and a contract not so entered into. the indian contract act 1872, lays down certain general principles regarding formation of contracts, performance of the contracts, the consequence of breach ..... of contracts etc., as applicable to all .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(2)BomCR681
..... submission.95. mr. devitre relied upon the commentary in pollck & mulla, indian contract & specific relief acts, thirteen edition, vol. i at page 29 which reads as under:formationthe formation of a contract will be governed by that law which would be the proper law if the contract were validly concluded. formation of contract would cover aspects of offer and acceptance, consideration and reality of consent. ..... english non-exclusive jurisdiction clause (clause 15) were not even forwarded to it. this is a pure question of fact and does not involve questions of formation or existence of a contract based on the legal effect of admitted facts. it is important also to note that the point at issue in these notices of motion relate first ..... cases.(ii). thus the disputes are not restricted to the legal effect of admitted documents or transactions. in other words, they are not restricted to questions of formation or existence of contracts to be decide on legal principles based on admitted facts and documents. they also include disputes as to the existence of the facts themselves.11. defendant no ..... a contract which lacks consideration for formation under the english law, would nevertheless .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1972Bom365; (1972)74BOMLR509; 1972MhLJ756
..... , is not of much assistance for the purpose of ascertaining the meaning of the expression 'terms' used in ss. 91 and 92 of the indian evidence act. in dealing with the question of classification of terms, chitty on contracts (23rd edn.) vol i p. 279 para 595 also deals with the distinction between conditions and warranties and the statements made in that paragraph ..... 92 of the indian evidence act must relate to statements, assertions or representations contained in a written contract which relate to the subject - matter of the contract and to something to be done or not to be done under the contract, and has no application to a provision in the nature of a condition precedent to the very existence or formation of a contract. on that ground ..... contained in the concluding part of annexure 'a' to the plaint is not one of the 'terms' of the contract between the parties. i would still hold extrinsic evidence to be admissible under proviso (6) to section 92 of the indian evidence act for the purpose of showing the circumstances in which the said writing came to be prepared and executed, and this ..... admissible to show that the party liable on the contract contracted for himself and as the agent of his partners, and that such partners are liable to be sued on the contract though no allusion is made to them in the written contract. in that connection, referring to ss. 91 and 92 of the indian evidence act, it was stated in the judgment (at p. 47 .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... by the parties relying on or on the basis of the doctrine of special privilege. it is bound by its own policy decision. indian contract act 68. the provisions of the indian contract act, 1872 will, therefore, apply in the matter of formation of contract. we may notice certain provisions thereof. 69. section 2 provides for an interpretation clause. 70. we may notice section 2(b ..... counter claim should be allowed. (viii) in any event, it is neither necessary for the purpose of compliance of article 299 of the constitution of india as also indian contract act that any contract in writing should be entered into. (ix) the right of forfeiture of the earnest money deposit flows from the binding nature of the offer made by the petitioner ..... was unequivocally accepted in the following terms :- 50. the acceptance conveyed by the respondent, which has already been extracted ` supra, satisfies the requirements of section 4 of the indian contract act 1872. section 4 reads as under: 4. communication when complete- the communication of an acceptance is complete...as against the acceptor, when it comes to the knowledge of the ..... ), 2(c) and 2(h) thereof. 2. interpretation clause in this act the following words and expressions are used in the following senses, unless .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1960All420
..... of the executive engineer dated 26-8-1944 records an acceptance of the plaintiff's aforesaid offer. the offer and acceptance of the promise would constitute an agreement under the indian contract act, and we think that the plaintiff would be entitled to damages for breach of that agreement if it could be held that the agreement was enforceable against the defendant.18 ..... the executive engineer to do so. the erroneous assumption of the parties amounted to a mutual mistake of fact and the leases were, therefore, void under section 20 of the indian contract act.9. before examining the merits of the arguments of learned junior standing counsel on this point, we would like to point out that the written statement has inaccurately used the ..... whether the agreements in the instant case were void on account of a common mistake of fact committed by the contracting parties at the time of the formation of the contract.10. at the time of the formation of the contract the subject-matter of the contract was in existence. the plots in dispute were there and the leases of the sitting tenants were to expire ..... expression 'mutual mistake'. mistakes in the formation of contracts may be of three kinds, namely, unilateral mistake, mutual mistake and common mistake. in a case of unilateral mistake only one of the contracting partiesis mistaken and the other knows of his mistake. its consequence is that the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1980AP181
..... on the partners inter se. likewise, in b. n. dorairaj v. n. g. rajan (supra) a division bench of the madras high court held that under section 23 of the indian contract act an agreement is not unlawful unless it is forbidden by law, or the court regards it as opposed to public policy. the bench referred to 'lindlay on partnership' (13th edition ..... in particular section 3 (3) or section 3 (5) of the hyderabad and a. p. acts respectively, are contravened. the argument is that under section 23 of the indian contract act the lease agreement is void for two reasons: (1) it is forbidden by law as the very format is in contravention of section 3 (3) and (2), it is opposed to public policy. 17 ..... has not been made binding on the government and is void as against the government and not inter se. even under section 23 of the indian contract act although the statute may in terms separately prohibit the act or omission and affix the penalty in a case of disobedience it does not necessarily follow that all transactions to which the penalty attaches are illegal ..... is whether a tenancy created in contravention of the provision s of section 3 of the hyderabad houses (rent eviction and lease) control act (xx of 1954) hereinafter called 'the act' is void and unenforceable under section 23 of the indian contract act as being one that is forbidden by law and opposed to public policy. the bench then held., 'we have already held that .....Tag this Judgment!
Court : Delhi
Reported in : 1994IIAD(Delhi)837; 1994(29)DRJ492
..... the performance security within the time prescribed related not to the 'pre-contract' era or the 'contract formation' stage but to the 'post-contract' period when the rights of the parties had already stood crystalised in- the contract and hence they shall have to be determined by reference to the provisions of the indian contract act, that being the law applicable in accordance with the terms' of the ..... days of the receipt of notification of award from the purchaser the successful bidder shall furnish the performance security in accordance with the conditions of he contract, in the performance security form as per the format provided in the bidding documents. 34.2 failure of the successful bidder to comply with the requirement of clause 33 or clause 34 shall constitute sufficient ..... provided therein has to be interpreted in accordance with the law of the purchaser's country. sections 55 and 63 of the indian contract act become relevant and applicable. according to section 63 every promisemay dispense with or may remit wholly or, in part, the performance of the promise made to him or may extend ..... contract. the division bench of delhi high court by its order dated 23rd .....Tag this Judgment!
Court : Delhi
..... subject matter of the competition act. as discussed earlier, the competition act is directed to prohibit certain anti-competitive agreements, abuse of dominant position and formation of combinations which cause or are likely to cause appreciable adverse effect on competition. plainly, agreements which may otherwise be lawful and enforceable under the general law - such as the indian contract act, 1872 - may still ..... be anti-competitive and fall foul of section 3 of the competition act. similarly, a practice or conduct ..... certain misuse of patent rights. the parliament also introduced sub clause (d) to clause (iii) of subsection (1) of section 140 of the patents act to declare clauses in licences and contracts the effect of which may be "to provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing", as void. these ..... which may be considered as an abuse under section 4 of the competition act may otherwise but for the said provision be legitimate under the general .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1997AP389; 1997(3)ALT117
..... the addressee, is a question of fact having no more to do with the law of contract than any other matter of fact which it may be needful to prove in order to establish the formation of any kind of contract. (page 106 of indian contract act and specific relief act by pollock and mulla eleventh edition, vol. 1,1994). that equally applies to the implication of ..... definition of 'notice' under s.3 of the transfer of property act. therefore, to conclude the attempt of the 1st respondent to communicate ..... adopted. mr. koka raghava rao, the learned counsel for the' petitioner has rightly depended upon sees. 3 and 4 of the indian contract act to know the further implication's of 'communication'. more than sec. 3, it is sec. 4 of the contract act which is more certain in regard to communication. even the luxury of repetition may be useful :'4. communication when complete.-- the ..... the impugned order said to have been sent by the 1st respondentto the petitioner, its coming back with the refusal endorsement, strictly speaking constitutes 'communication' under sec. 4 of the contract act. but the facts are still to be examined, how it went and how it come back. because the rule of communication in post, registered or otherwise, is examined with reference .....Tag this Judgment!
Court : Allahabad
Reported in : 3Ind.Cas.403
..... the acceptors renders the fusion of a and b into one juristic person indispensable. such an incorporation, however, is not enough for the formation of the contract which creates a joint liability. the acceptance has to be expressed so that the contract may be formed. but a juristic person is incapable of giving expression to an acceptance or of doing any other executive ..... are present inasmuch as a joint act by two or more natural persons, without the formation of one juristic person which is represented by one natural person, is, as has already been shown, inconceivable. this leads me to remark that the expression when two or more persons make a joint promise 'in section 43 of the indian contract act, cannot be taken to mean that ..... to be done by a corporation. the correct and comprehensive proposition ', says sir frederick pollock, in his principles of contract p. 117, 7th edition, 'is that a corporation can do no executive act except by an agent and a corporate seal is only one way of showing that the person entrusted with it is an authorised agent of the corporate body '. the ..... a joint promise can proceed from them without their fusion into one juristic person who is represented by one natural person. the expression states the net result and does not go into the process which brings about that result.5. having analysed a joint contract and set forth the three .....Tag this Judgment!