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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: chennai Page 1 of about 323 results (0.051 seconds)

Apr 16 1970 (HC)

The Special Officer, Amaravathi Co-operative Sugar Mills Vs. D.V. Thir ...

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 .....

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Apr 13 2009 (HC)

Tci Distribution Centers Vs. Official Liquidator

Court : Chennai

Reported in : (2009)8MLJ1238

..... correct in holding that there was no mutual mistake so as to render the agreement void ab initio under section 20 of the contract act.22. section 20 of the indian contract act, 1872 provides that where both the parties to an agreement are under a mistake as to a matter of fact essential to ..... auction purchaser then certainly the latter would have an independent right of action to recover the purchase-money.49. while considering section 20 of the indian contract act, 1872, in respect of the mistake of one of the parties as to the fact regarding the nature of the company's interest in the ..... buyers were to satisfy themselves about the condition of the property.17.9. the learned senior counsel would also rely upon section 18 of the indian contract act to show that there is no misrepresentation or fraud committed by the official liquidator in any of the proceedings before sale was effected. he ..... 254; bell v. lever bros. was applied.51. applying the yardstick laid down by the eminent authors on the law of contract with regard to section 20 of the indian contract act to the facts of the present case, it is certainly not possible to accept the contention of the learned counsel for the applicant ..... of execution of sale deed in the format furnished by the applicant, the applicant-company will acquire a clear title in the lands in question and no cause for the applicant's grievance in this behalf will survive.relying on section 20 of the indian contract act, 1872, it was submitted by learned .....

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Aug 30 2011 (HC)

C.Chandrasekaran Vs. R.Srinivasan

Court : Chennai

..... and which renders performance of the contract by one or both parties physically and commercially impossible. 29. in the ..... which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. 28. it is a pristine principle of law that section 56 of the indian contract act, 1872 deals with frustration. frustration signifies a certain set of circumstances arising after the formation of the contract, the occurrence of which is due to no fault of either party ..... it would be more useful to look into section 56 of the indian contract act, 1872 and the same reads as follows: agreement to do impossible act.-an agreement to do an act impossible in itself is void. contract to do act afterwards becoming impossible or unlawful.-a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event ..... nadar), wherein the honourable apex court has dealt with section 56 of the indian contract act, 1872 and ultimately observed that doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of .....

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Nov 21 2014 (HC)

Ponnammal Vs. Nagappan

Court : Chennai

..... under the circumstances, there was reciprocal promises. under those circumstances, ex.a1 came into being. it will fall under section 2(d) of the indian contract act. 42 in loganathan (a.i.r.1969 madras15 it was held that abstinence from launching a criminal prosecution for commission of an offence cannot be a ..... circumstances to the plaintiff to repudiate the transaction altogether and claim a relief outside it in the form of restitution under section 65 of the indian contract act. although no such alternative claim was made in the plaint, the privy council allowed it to be advanced and gave a decree on the ..... would further reply that the evidence shows that defendant desired the execution of ex.a1. it will fall under section 2(d) of the indian contract act. 22 the learned counsel for the appellant would also reply that as per the admitted case of the defendant on account of missing of gold ..... promisor. ex.a1 was executed at the instance of one of the mediators.thus, it is not consideration as per section 2(d) of the indian contract act. 17 another argument of the learned counsel for the respondent is that as a consideration for plaintiff to abstain from preferring a police complaint against ..... executed. the admitted case of the defendant is that it has been executed in lieu of missing of a gold chain weighing four sovereigns. 36 formation of a contract consists of offer and acceptance . it will result in an agreement. but, to be enforceable, it must be for a valid consideration. then .....

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Jan 02 1996 (HC)

Annamalai Cotton Mills (P) Ltd. Vs. the Chairman, Tamilnadu Electricit ...

Court : Chennai

Reported in : AIR1996Mad364

..... of electricity to non-licensees. pursuant to such permission, the board formulated certain standard format contracts and obtained the petitioner's signature thereon from time to time. in such contract, clause 3 states that the petitioner undertook to comply with all the requirements of the indian electricity act, the supply act, etc., and the terms and conditions of supply prescribed by the board from time ..... the validity of the terms and conditions or the agreement could begone into by courts on the touch-stone of article 14 of the constitution or section 23 of the indian contract act as held by the supreme court in central inland water transport corporation ltd. v. brojo nath ganguly : (1986)iillj171sc . paragraph 9.05 of the terms and conditions of supply ..... , that the entire paragraph 9.02 and 9.03 is liable to be struck down as arbitrary and unreasonable, offending article 14 of the constitution and section 74 of the indian contract act read in the light of the decision reported in : [1970]1scr928 , cited supra. 44. the next contention of mr. k. ravi, learned counsel for the petitioner, relates to appendix ..... provision, no penalty could be levied, but only compensation for the energy actually stolen may be claimed as stated in section 48 of the indian electricity act, which would be subject, in law, to section 74 of the indian contract act. the action proposed was motivated, vindictive and mala fide. 6. the petitioner, after making such contentions as above, had prayed in its .....

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Nov 23 1959 (HC)

Karumuthu Thiagaraja Chetty and Co. Vs. Commissioner of Excess Profits ...

Court : Chennai

Reported in : [1961]42ITR788(Mad)

..... could not come within section 10a. in this connection, learned counsel referred to the provisions of section 87b(f) of the indian companies act, 1913, under which a variation of a managing agents contract was to be approved by the shareholders at a general meeting of the company, and he urged that as in the present ..... would not be decisive of the question as to whether the transaction was intended for the avoidance or reduction of the excess profits tax. therefore, the formation of the new companies could not have been prompted by a desire to be relieved of a portion of the work. the real or dominant object ..... arise in the present case. the assessee firm is continuing and is earning profits. the decision is not an authority for the proposition, that the formation of the new firm for carrying on in part the business of the old firm would not be a transaction within the meaning of section 10a. ..... that one of the meanings of the word was the carrying on or completion of an action or a course of action which would include the formation of the new firms.learned counsel for the assessee relied upon the decision of the supreme court in sohan pathak and sons v. commissioner of income ..... co. ltd. and manickavasagam ltd., were designed mainly to screen a portion of the income obtained under the original managing agency agreement, and that the formation of the two new companies could not be held to be genuine. the officer also held that the transactions, under which a portion of the profits payable .....

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Feb 25 2003 (HC)

The Madras Stock Exchange Limited Rep. by Its Secretary Vs. S.S.R. Raj ...

Court : Chennai

Reported in : [2003]116CompCas214(Mad); (2003)4CompLJ50(Mad); [2004]49SCL319(Mad)

..... admitted to the membership of the exchange 'unless he/institutions referred to herein above satisfies the requirements prescribed in that behalf under the securities contracts (regulation) act, 1956, and the rules framed thereunder.'19. article 23 prohibits the formation of partnerships, unless all the partners are members of the exchange. a non-member may not be a partner in the business carried on ..... regarded as being ineligible to function as companies under the provisions of the companies act.43. as between the companies act and the securities contracts (regulation) act, the latter enactment is the special law in relation to stock exchanges and stock broking, while the companies act is the general law which deals with the formation and management of companies and various matters enacted therewith. the companies ..... industry, commerce and art.30. prior to the formation of registration of this company in the year 1957, the stock exchange that functioned at madras was madras stock exchange association (private) limited which had been registered on august 12, 1937 under the indian companies act of 1913. after the coming into force of the securities contracts (regulation) act, 1956, which enactment was passed to prevent .....

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Aug 10 1896 (PC)

Davis Vs. Cundasami Mudali

Court : Chennai

Reported in : (1896)ILR19Mad398

..... no consideration for the agreement.7. as to the second question, its determination depends upon the construction to be put upon section 63 of the indian contract act, which provides, among other cases, for one like the present, of an agreement to extend the time for the performance of a promise. before ..... done by holding that agreements referred to in section 62 are agreements which more or less affect the rights of both parties under the contract discharged by such agreements; whilst those referred to in section 63 are such as affect the right of only one of the parties. the ..... . 21 and laid down that it cannot be maintained, that although there was an agreed substitution of other days than those originally specified, still the contract remained. in meeting an objection based on the absence of consideration, to the view which was taken by him, the chief justice argued thus: ' ..... ex. 839 must, unless made under seal, be supported by consideration has not, as pointed out by sir f. pollock in his work on contracts (sixth edition, page 177), been productive of very happy results. the learned author attributes such results to the carrying out of a general principle ..... reasonably applicable; or in other words to the doctrine of consideration, instead of governing the formation of contracts, being made to regulate and restrain their discharge also.8. now the question arises whether the indian legislature intended to perpetuate such an unsatisfactory state of things in this country. i think that .....

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Sep 23 1925 (PC)

P.V. Veeranan Ambalam Vs. Ayyachi Ambalam

Court : Chennai

Reported in : AIR1926Mad168; 92Ind.Cas.968; (1925)49MLJ791

..... by way of wager and is invalid on that account, he is still entitled to get a refund of the amount claimed by him either under section 65 of the indian contract act, or on the ground that the agreement to return that amount is severable from the arrangement to give the prize. i entirely agree with the opinion of odgers, j. in ..... not become void nor was it discovered to be void but it was void for illegality from its inception [see indian contract and specific relief acts by pollock and mulla, 4th edition, pp. 365-368] ; and the object of the subscription, which was the formation of an association for conducting an unlawful system of lottery has been accomplished. when money has been paid under ..... by an 'agreement by way of wager,' we have to determine whether the present case has been rightly decided by the learned district munsif.12. the indian contract act does not contain any. definition of a ' wagering contract.' s. 30 states that agreements by way of wager are void. in thacker v. hardy (1878) 4 qbd 685 cotton, l.j. said : 'the essence of ..... respondent is entitled to recover the money which he subscribed either upon the terms of the contract between him and the petitioner, or by reason of the obligation cast by s. 65, indian contract act, upon persons who have received any advantage, of restoring it upon an agreement or contract becoming void or being discovered to be void.2. the mere fact that the order .....

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Aug 31 1976 (HC)

V. Srinivasa Pillai Vs. Agent of Life Insurance Corporation of India, ...

Court : Chennai

Reported in : AIR1977Mad381

..... has special features of its own and not withstanding the fact that prima facie it is supported by consideration and has all the facts of a contract within the meaning of a contract under the indian contract act, yet has certain peculiar advantages and disadvantages depending upon the disclosure or non-disclosure of material facts which form the foundation to create the consensus ad ..... even submission of details regarding insignificant matters the insured might commit a bona fide mistake. if such answers or particulars do not strike at the foundation of the good faith contract, courts are very lenient towards the insured. but in a case where the insured gives such details which are exclusively within his or her knowledge then the question becomes ..... policy, which suit was instituted by the plaintiff, as the husband of ranganayagi 2. in the reply statement, the plaintiff pleaded that there was no such material misrepresentation and the contract of insurance having become final and irrevocable, the money was payable. he denied that his wife was suffering from tuberculosis and reiterated that the last child was born to the ..... idem between the insurer and the insured. it is normal to expect in a contract of insurance-utmost good faith, that is the insured is expected to answer various queries and takes upon himself the responsibility to give true and faithful in formation about himself and naturally he must be prompt and honest in answering such questions and making such .....

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