Court : Chennai
Reported in : 2008(1)CTC681; (2008)2MLJ123
..... to administer the teacher training institute without the approval of the competent authority and whether the same is permissible in view of section 23 of the indian contract act, 1872 is to be ascertained. section 23 of the indian contract act clearly states that every agreement, of which, the object or consideration is unlawful, is void. as per section 23, the consideration or object ..... in the decision reported in : (1986)iillj171sc (central inland water transport corporation ltd. v. brojo nath) : (1986)iillj171sc . in paragraph 92, the supreme court held thus:92. 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 ..... was granted recognition to locate its institute. the ncte shall also make it mandatory for the institutes to publish both the order of recognition as well as the enclosed format of particulars with the above details, in the prospectus inviting applications for admission, so that the students know the actual persons who run the educational agency and their ..... henceforth ncte shall not merely issue the order of recognition in the name of the proposed institute. ncte shall enclose to every order of recognition granted by them, a format of particulars containing the details relating to the name and address of the educational agency to which recognition is granted, (apart from the name of the institute) the nature .....Tag this Judgment!
Court : Chennai
Reported in : AIR1955Mad662; (1956)IMLJ78
..... must be deemed to have been paid under a mistake of fact. the learned judge was of opinion that the case came directly under section 72, contract act. the reasoning of the learned judge was as follows :"money having been paid under a mistake of fact that the price was what was quoted by ..... to be given away as a gift or a present to the appellants by any means, and such being the case, i am of opinion that section72. contract act comes into operation and applies to the facts of the case." lakshmana prasada and sons v. achuthan nair, (a).2. two contentions' were raised on ..... privy council in air 1949 p c 297 (c). their lordships said, at page 302."their lordships do not find it necessary to examine in detail the indian authorities for the wider interpretation of 'mistake' in section 72. they would only refer to the latest of these authorities; air 1940 cal 245 (13), ..... paid as money rightly payable under the contract, as it stood. the payment was not by mistake; it was the contract which was entered into on a mistaken assumption that the price was rs. 9135. but the mistake occurred at the time of the formation of the contract. once the contract had come into existence, there was ..... no mistake made so far as the payment was concerned. what was paid was what was due under the contract. this distinction, the learned judge apparently overlooked.6. it is this .....Tag this Judgment!
Court : Chennai
Reported in : (1983)IILLJ277Mad
..... terms and conditions contained in g.o.ms. no. 731, industries, dated 21.5.1974 is void and unenforceable as per section 20 of the indian contract act, 1872 because it has been passed by a mistake and is not based on free consent, as per section 14(5) of the said ..... said to be under a mistake when they passed the earlier order of the year 1974. therefore, this case will squarely come under s. 22 of the contract act as the government order of the year 1974 is claimed to have been passed by the government under a mistake as to a matter of fact. it is ..... pleader that the earlier g.o. of the year 1974 is void as it is not based on free consent as per section 14(5) of the contract act, it is seen that the mistake pleaded is unilateral and not mutual. i do not see how it could be said that there is no free consent ..... the technique of modern manufacturing in various sectors during the 2nd, 3rd and 5th plan periods. in or about february, 1960, the government of india recommended the formation of an autonomous corporation for the management of industrial estates and for taking up of programme of commercial nature like production scheme, establishment of marketing, raw material depot ..... not be available as a cause of action, if necessary to satisfy the equity. according to the supreme court, promissory estoppel is neither in the realm of contract nor in the realm of estoppel and the true principle of promissory estoppel seems to be that where one party has by his words or conduct made to .....Tag this Judgment!
Court : Chennai
Reported in : AIR1963Mad231; (1963)IMLJ183
..... the combined effect of sections 20, 21 and 72 of the contract act,'if a mistake of law had led to the formation of a contract section 21 enacts that that contract is hot for that reason voidable. if money is paid under that contract, it cannot be said that that money was paid under a mistake ..... the increased rate was due when in fact it wasnot due. it is, therefore, not a case of mistake of lawin the formation of any contract. if payment is made inthe belief that excess charges were payable while in factit was not so, relief can undoubtedly be claimed under section ..... in respect ofassessments on the forward transaction as such paymentsmust be held to have been made under a mistake withinthe meaning of section 72 of the contract act. it was pointedout that the term 'mistake' in section 72 comprised within itsscope a mistake of law as well as a mistake of fact ..... were inadequate. on representations being made by them, the freight advisory committee at bombay by their proceedings dated 29th december 1944 recommended to the controller of indian shipping to enhance the rates of transport charges for salt from manakudi to cochin from rs. 10/-to rs. 12-8-0 per ton. but ..... pay at the increased rate demanded as he had under the terms of a contract entered into with the cochin government to deliver salt within a specified period. the respondent paid at the increased rates under protest. the controller of indian shipping, however, ultimately refused to sanction the increased rate. the respondent then .....Tag this Judgment!
Court : Chennai
Reported in : 54CompCas608(Mad)
..... requisites for the novation of a contract are well known (see s. 62 of the contract act). one of the requisites is that there must be an agreement of all the parties to the new contract on the principles generally applicable to the formation of contracts and it cannot be disputed that ..... of the vehicle, that the insurance company having accepted the transferee as the insured, there was a novation of the original contract by a fresh contract of indemnity between the insurance company and the transferee and therefore, the insurance company has to indemnify the transferee in relation to ..... the view that as there was no statutory provision either under the motor vehicles act or under the insurance act, about the transferee's right under the motor insurance policy, the contract of insurance being a contract of personal indemnity, cannot be assigned when it is transferred, though there can ..... the consent of parties to a novation may be established by circumstances showing such assent as well as by express words. it is true that whether there was an agreement to substitute a new contract ..... be a novation of the contract by which the original assured is released and a new .....Tag this Judgment!
Court : Chennai
Reported in : 28ITR952(Mad)
..... .at the close of the arguments mr. rama rao sahib invited us to issue a direction under the proviso 2 to sub-section (3) of section 34 of the indian income-tax act to enable the assessments of the three purchasers from the mills being re-opened. his apprehension was that these parties might not have shown the figures as disclosed by ..... specifically done so.'when the matter came before the appellate tribunal, the assessee was not apparently very serious about its contention that the sales were effected in pursuance of oral contracts entered into at a time when the prices noted in the companys books prevailed. it therefore raised the contention that on the findings recorded by the income-tax officer and ..... management of the company came to be effected. the explanation offered was that the sales were effected in pursuance of oral contracts entered into long earlier and that the prices fixed were those ruling on the dates of those oral contracts. the income-tax officer examined this explanation in great detail and rejected it as false. this finding of fact has been ..... rajagopala ayyangar, j. - this is a reference under section 66(1) of the indian income-tax act. the question of law referred for our decision is 'whether on the facts and circumstances of the case, the addition of rs. 1,46,000 to the assessable income of .....Tag this Judgment!
Court : Chennai
Reported in : (1980)ILLJ369Mad
..... more schemes providing for all or any of the matters enumerated therein. one such matter is the merger in one indian insurance company of any other indian insurance company or the formation of a new company by the amalgamation of two or more indian insurance companies. another matter for which provision can be made is the rationalisation or revision of pay-scales or other ..... , it is not strictly correct to say that the appellant-company is just like any other company registered under the companies act, having regard to the special circumstances and the statutory provisions referred to above, which resulted in the retention and formation of four companies as contemplated by s. 16(2). 8. what is, however, relevant for the purpose of the ..... the supreme court, we proceed to consider the status and character of the appellant-company. the general insurance business (nationalisation) act, 1972, central act 57 of 1972, was passed to provide for the acquisition and transfer of shares of indian insurance companies, and undertaking of other existing insurers in order to serve better the needs of the economy by securing the development ..... from 1-2-70. while he was functioning as development manager, a custodian was appointed for the union co-operative insurance society limited, under the general insurance (emergency provisions) act, 17 of 1971. at that stage certain powers given to the first respondent to represent the society in the matter of signing polices would appear to have been withdrawn by .....Tag this Judgment!
Court : Chennai
Reported in : AIR1974Mad261
..... of the court and that no part of the cause of action arose within the jurisdiction of the court. the learned judge held that no facts necessary for the formation of the contract in the instant case arose within the jurisdiction of the calcutta high court. applying the doctrine that a debtor should seek a creditor to make payment whereever the creditor ..... such cause of action wholly or in part arises within the jurisdiction of the court then only the court is competent to entertain an application under section 20 of the indian arbitration act. it may not entertain a suit on the ground that the defendant resides or personally works for gain or carries on business at the place within the jurisdiction of ..... material bearing.39. in inder chand jain v. pooran chand bansi dhar , the petitioners filed their application in the court at delhi under sections 32 and 33 of the indian arbitration act denying the existence and validity of the alleged agreement under which the bombay firm had caused the matters in dispute to be referred to arbitration. the bombay firm raised the ..... , madras have no application in such cases.8. we shall now examine this contention : the law of arbitration prior to 1940 was substantially contained in two enactments viz., the indian arbitration act,. 1899 and the second schedule to the code of civil procedure, 1908. the operation of the 1899 enactment was limited to the presidency towns and to such other areas; as .....Tag this Judgment!
Court : Chennai
Reported in : AIR2004Mad18
..... case, it cannot be said there is a delay in filing of the suit. the period of limitation as prescribed in the limitation act is three years to enforce the contract for specific performance. this suit has been filed within three years from the date of agreement ex.p.5. further, no third ..... 7 is the communication from the registrar of companies. she wanted to start an educational society under the name and style of guindy educational society and such formation was in the process, she was described in ex. p.5 as president, guindy educational society. the idea was that the name 'guindy educational society' ..... agreement stipulated that vendor has to apply for permission from the collector and the sale deed was to be executed after getting such permission; such a contract was held not contingent, but specifically enforceable, a suit filed three years after obtaining permission is not barred by limitation. therefore, the counsel for the ..... seeking specific enforcement of an agreement for sale of immovable property must approach the court within reasonable time, even if time is not the essence of contract, and reasonable time means, as soon as the circumstances permit. since the plaintiff has not approached the court within a reasonable time, (as per ..... . 32,80,000/- and odd, subsequent to the filing of the suit and even this she is contesting; there is a suit filed by the indian bank for a sum of rs, 5 crores and odd against her husband. in ex. p.5, she has agreed to obtain exemption from the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1954Mad119; (1953)IIMLJ372
..... on contracts, 13th edn. by p. h. winfield the principle is stated as follows at p. 232:'after the formation of a contract, certain sets of circumstances arise which, owing to the fault of neither party, render fulfilment ..... of frustration is raised, what the court has to consider is not whether one party or the other has done anything from which his responsibility for any breach of contract could be ascertained, but to see whether the circumstances pleaded did exist which could reasonably be considered as sufficient to hold that the parties are absolved from their obligations ..... reason of some event which the promisor could not prevent, unlawful becomes void when the act becomes impossible or unlawful.'in pollock ..... the result is the parties to the contract are discharged from their obligations under the contract. this common law principle of frustration has received statutory recognition by its incorporation in the indian; contract act in section 56 which is as follows :'an agreement to do an act impossible in itself is void. a contract to do an act which, after the contract is made, becomes impossible or by .....Tag this Judgment!