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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: mumbai Page 1 of about 504 results (0.064 seconds)

Nov 02 2007 (HC)

Shree Precoated Steels Limited Vs. Macsteel International Far East Ltd ...

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 .....

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Jul 27 1971 (HC)

P.B. Bhatt and ors. Vs. V.R. Thakkar and ors.

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 .....

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Jun 06 2005 (HC)

Pusaram S/O Dashrathlalji Agrawal and anr. Vs. Ratilal S/O Valji Laddh ...

Court : Mumbai

Reported in : 2005(6)BomCR164; 2005(4)MhLj341

..... formation of court at darwha, this suit was transferred there and came to be registered as spl. c.s. no. 46/2004. in that suit the present respondents filed application under section 21 of civil procedure code read with section 28 of indian contract act vide exh.15. the respondents contended that in view of specific ..... parties on 10-10-2001 and in it was agreed that sale would be completed on or before 21-12-2001. as the respondents did not perform their part of contract, the appellant filed special civil suit no. 16/2002 on 11-6-2002 before civil judge senior division, pusad for a specific performance and for possession. after ..... apparently clear that the trial court has failed to exercise its jurisdiction properly while upholding the objection raised by the respondents in the instant case and to the extent has acted with material irregularly in holding that the raigad court has no jurisdiction solely on the basis of clause 5 of the agreement between the parties, thereby wholly ignoring the relevant ..... sole arbitrator, and advocate of calcutta for deciding the issue. the respondent did not appear before arbitrator and hence appellant and finance corporation made application under section 9 of arbitration act, 1966 before city civil court at calcutta for appointment of receiver for taking over the possession of suit vehicle. accordingly receiver came to be appointed and he took over the .....

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Oct 21 1915 (PC)

Boggiano and Co. Vs. the Arab Steamers Co. Limited

Court : Mumbai

Reported in : AIR1916Bom265; (1916)ILR40Bom529

..... liability and nothing else, and formed a special chapter of the law of bailment. therefore, in any event, in my opinion, the case is governed by section 65 of the indian contract act; and the plaintiffs are entitled, under the events which have happened, to recover the amount paid by them in advance for freight with interest at 6 per cent. from the ..... plaintiffs were asked to admit that the ship was under charter to chhagandas & co. and in para. 5 of the written statement the defendants rely on section 56 of the indian contract act. the defence was really based on the decision in the case of civil service co-operative society v. general steam navigation company [1903] 2 k.b. 756 which is applicable ..... . i do not think that when their lordships said that there was in india before the indian contract act a complete code for common carriers they intended to decide that the general provisions of the common law relating to the formation and performance of contracts, should still be applicable to contracts entered into by the public with common carriers.15. the defendants appear to have conceded ..... . the plaintiffs, therefore, filed this suit to recover the freight and for an account of the rs. 12,000 paid by them to defray the costs of unloading. if the indian contract act applies, the contract became void under section 56 of the act and the defendants were bound, under section 65, to restore to the plaintiffs the advantage they had received under the .....

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Oct 21 1915 (PC)

C. Boggiano and Co. Vs. the Arab Steamers Ltd.

Court : Mumbai

Reported in : 33Ind.Cas.536

..... liability and nothing else, and formed a special chapter of the law of bailment. therefore, in any event, in my opinion, the case is governed by section 65 of the indian contract act; and the plaintiffs are entitled, under the events which have happened, to recover the amount paid by them in advance for freight with interest at 6 per cent, from the ..... plaintiffs were asked to admit that the ship was under charter to chhagandas & co. and in paragraph 5 of the written statement the defendants rely on section 56 of the indian contract act. the defence was really based on the decision in the case of civil service co-operative society v. general steam navigation company (1903) 2 k.b. 756 : 72 l.j ..... do not think that, when their lordships said that there was in india before the indian contract act a complete code for common carriers, they intended to decide that the general provisions of the common law relating to the formation and performance of contracts should still be applicable to contracts entered into by the public with common carriers.15. the defendants appear to have conceded this ..... . the plaintiffs, therefore, filed this suit to recover the freight and for an account of the rs. 12,000 paid by them to defray the costs of unloading. if the indian contract act applies, the contract became void under section 56 of the act and the defendants were bound, under section 65, to restore to the plaintiffs the advantage they had received under the .....

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Jul 15 2002 (HC)

Rhodia Ltd. and ors. Vs. Neon Laboratories Ltd.

Court : Mumbai

Reported in : AIR2002Bom502; 2003(1)BomCR140; 2003(1)MhLj373

..... further observed that:'the question of jurisdiction in the case ought not to be determined by the high court on the basis of the provisions of section 28 of the indian contract act in the absence of a specific provision making it applicable to transactions in international trade.'the abovesaid observations in this decision, to my mind, squarely deal with the ..... will have to be held that the purport of article 15.1 and 8.1 of the respective agreements, the parties have expressly intended the contract to be governed by and construed in all respects, including the formation thereof and performance thereunder, in accordance with the english law. therefore, to my mind, english law will be the 'proper law' of ..... reproduced in para 1 above. the said clauses clearly provide that the governing language of the subject agreements shall be english. further, the agreement shall in all respects, including the formation thereof and performance thereunder, be governed by and construed in accordance with the english law. from the principles deduced from national thermal corporation's case : [1992]3scr106 (supra), ..... agreement', which reads thus : 'article 15-governing language and law 15.1 : the governing language of this agreement shall be english. this agreement shall in all respects, including the formation thereof and performance thereunder, be governed by and construed in accordance with the english law. 15.2 : all differences on the interpretation or performance of this agreement which will not .....

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Nov 18 1975 (HC)

Commissioner of Gift-tax, Bombay City Ii Vs. Lalita B. Shah

Court : Mumbai

Reported in : [1979]118ITR794(Bom)

..... of consideration for a contract of partnership has been dealt with by lindley on partnership, 13th edn., in the following words, at page 113 : 'agreements to enter into partnership, like all other agreements, require to ..... transaction, viz., the formation of the partnership and not whether there was consideration for the transfer or transmission of interest in the goodwill. 19. it is clear that in the ultimate analysis a partnership is contract, i.e., an agreement enforceable at law which must be supported by consideration (sees. 2(g) and (h) and s. 25 of the indian contract act, 1872). the aspect ..... legal provisions. the transfer then of the goodwill, viz., 40% share in the goodwill, arises as a result of and is incidental to the formation of the new partnership. now, under s. 2(xii) of the g.t. act, 'gift' means, (1) a transfer, (2) by one person to another, (3) of any existing movable or immovable property, (4) made voluntarily, and ..... a transfer of this property, viz., 40% of the assessee's interest in the goodwill, which prior to the formation of partnership solely belonged to the assessee within the meaning of s. 2 of the g.t. act. under s. 2 of the act 'property' is defined as including any interest in property, movable or immovable, and would certainly include goodwill. again, the .....

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Aug 02 2005 (HC)

Mula Sahakari Sakhar Karkhana Ltd., Being a Cooperative Society Regist ...

Court : Mumbai

Reported in : AIR2005Bom385; 2005(4)ALLMR875; 2005(6)BomCR55; 2006(2)CTLJ105(Bom); 2005(4)MhLj629

..... dealing with a case of falling under the ambit of section 124 and 126 of the indian contract act observed as under: '9. section 124 of the indian contract act defines a 'contract of indemnity'. a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the ..... . 24. another witness of the respondents dw2 shri bal vasaikar supported to the extent that the company pentagon has suggested to waive the bank guarantee and based upon that, a format was handed over to the respondent-bank. nothing much was extracted from this witness insofar as to the interpretation of the document in question. 25. the third witness of the ..... the respondents was received by one prabhu at their factory at sonai on 7th september, 1985, based on which, the amount was paid by the demand draft. there was no format of the bank guarantee stipulated. they had accepted the bank guarantee without any demur or objection, as it was found to be correct. he further deposed that the document (exh ..... the appellant and pentagon. therefore, merely because the document in question is loosely worded and is not the fixed format of a bank guarantee, it is not acceptable that the document in question is not a bank guarantee or that it is a contract of indemnity. 30. the apex court in punjab national bank v. shri vikram cotton mills ltd. (supra). while .....

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Apr 06 1938 (PC)

Hakmaji Meghaji Vs. Punnaji Devichand

Court : Mumbai

Reported in : AIR1938Bom453; (1938)40BOMLR995

..... suit. moreover, we are not satisfied that it is a correct statement of the legal position. no doubt according to the definition in section 239 of the indian contract act ' partnership ' is the relation which subsists between persons who have agreed to combine their property, labour or skill in some business, and to share the profits ..... to be not that the partnership came to an end but that the business of the partnership came to an end, and there is nothing in the indian contract act which justifies the view that the mere cessation of business would dissolve the partnership. on the other hand there is the authority of the privy council for ..... the owner of the firm of aslaji sonmal both died more than three years before the suit.5. under section 253 of the indian contract act, which contains the law applicable to this case, a partnership is dissolved by the death of any partner in the absence of any ..... judgment the learned trial judge has expressed the view that the suit is barred by reason of the fact that business was stopped three months after the formation of the partnership. this point was not taken in the written statement and appears to be based on paragraph 4 of the plaint where in a ..... from that that the main firm would be dissolved on the death of meghaji and bhikaji, unless there is reason to suppose that there was a contract providing that the main firm was not to be dissolved by the death of individual partners.8. the learned advocate for the appellants has attached importance .....

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Aug 28 1964 (HC)

Jobanputra (B.K.) Vs. Kalelkar (B.S.)

Court : Mumbai

Reported in : (1965)ILLJ543Bom; 1965MhLJ190

..... of a settlement, the same cannot be treated as a creature of the agreement between the parties. under s. 10 of the indian contract act, all agreements are contracts if they are made by the free consent of the parties competent to contract. it is true that the consent of the parties does not cease to be free merely because the conciliation officer brings his ..... undue influence. the consent of the parties is essentially a free consent, and in that sense, the agreement reached can be considered as a contract in the sense in which that word is used in the indian contract act. at the same time if we concentrate our attention upon the peculiar role played by the conciliation officer, it would be difficult to say that ..... the question remain whether, having regard to all the provisions of the act, a settlement reached during the course of the conciliation proceedings, is a contract. section 10 of the indian contract act defines a 'contract' and it reads : 'all agreements are contracts if they are made by the free consent of parties competent, to contract for a lawful consideration and with a lawful object and are not ..... . he plays a dynamic part, and in view of the part played by him, it would be impossible to sever the final product that emerges from the process of the formation or the forging out of the settlement. in my view, the two are so indissolubly connected that it would not be proper to treat the product apart from the process .....

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