Court : Kolkata
Reported in : AIR1982Cal365
..... neither is there any possibility of two interpretations in the section, it may be pertinent in this context to refer to two other sections of the contract act, namely, section 233 and section 234. section 233 provides that in cases where the agent is personally liable the party dealing with the agent may hold ..... it became liable by reason of the legal fiction created by statute as would appear from the second paragraph of section 230 of the contract act whereby such a contract would be presumed to exist in a case where the principal, though disclosed, could not be sued.8. to appreciate the argument, ..... to mr. sen the statute has gone so far as to provide for his liability even though the agent has not acted personally. he is presumed to have acted, though not acted in fact. the expression 'such a contract' in the second paragraph of the section would refer to the opening words herein, viz, 'in the absence of ..... participated in the formation of the contract 23. in the case of twycross v, dreyfus reported in (1877) 5 ch. d. 605 it was held that an agent could not be sued in the absence of a principal. mr. d. k. sen, on behalf of the appellant contends that the indian law in this ..... in the further alternative prayed for stay of the suit.2. the point involved in this appeal relates to the interpretation of section 230(3) of the contract act, 1872. the appellant no. 1 and the food corporation of india, the appellant no. 2 filed the suit against the respondents who were carrying on business .....Tag this Judgment!
Court : Kolkata
..... point of limitation only. mr.ghosh will be at liberty to argue the exclusion of time allegedly available to him to prepare bills in proper format, in pursuing the writ petition in this court, the effect of admission, acknowledgement, etc.made by the union, if any, and so on ..... right when he submited that on the face of the award, the claim of the petitioner seemed to be hopelessly barred by limitation. the contracts were between 1987 and 1991. the claim in arbitration was made about 17 years after the firs.date of delivery. the period of limitation ..... 1991. in june, 2004, the respondent issued a notice under section 21 of the arbitration and conciliation act, 1996 stating that disputes and differences had arisen between the parties out of the contract/contracts and that the matter should be referred to arbitration. on 28th february, 2007 an officer of the ..... act [art.14].mr.ghosh for the respondent tries to save the award by making the following arguments: the railways had a procedure for receiving bills from contractors.each bill had to be in a format enclosing receipted challan, purchase order, etc.he referred to the system of payment mentioned in paragraph 2300 of the indian standard conditions of contract ..... ghosh relied in paragraph 5 of the judgment was not regarding limitation and cannot apply to limitation in view of section 3 of the limitation act. in fact, the court in banars.das versus kanshi ram & ors.reported in air1963sc1165cited by mr.ghosh opined that the point of limitation .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1959SC135; 1SCR1350; 9STC747(SC)
..... a limited meaning appear to have been largely influenced by the view expressed in pollock and mulla's commentary on section 72 of the indian contract act, where it is stated (indian contract & specific relief acts, 6th edn., p. 402): ' mistake of law is not expressly excluded by the words of this section ; but section ..... do not agree with these observations of the nagpur high court. no such equitable considerations can be imported when the terms of section 72 of the indian contract act are clear and unambiguous. we may, in this context, refer to the observations of their lordships of the privy council in moheri bibee v. dhurmodas ..... , once it was established that the payments were made under a mistake of law. on a true interpretation of section 72 of the indian contract act the only two circumstances there indicated as entitling the party to recover the money back are that the monies must have been paid by mistake ..... than by way of a petition under article 226 of the constitution. the high court came to the conclusion that section 72 of the indian contract act applied to the present case and the state government must refund the moneys unlawfully received by it from the respondent on account of sales tax ..... lordships' opinion this reasoning is fallacious. if a mistake of law has led to the formation of a contract, section 21 enacts that that contract is not for that reason voidable. if money is paid under that contract, it cannot be said that that money was paid under mistake of law ; it was .....Tag this Judgment!
Court : Privy Council
..... law is not recoverable. this has been clearly laid down in a large number of english authorities. the indian con- tract act though it deals with the effect of mistakes of fact and law upon a contract has no express provision relating to the effect of payments made under such mistakes and it appears to me ..... must be given a limited meaning appear to have been largely influenced by the view expressed in pollock and mulla's commentary on s. 72, contract act, where it is stated (contract and specific relief acts, 1931 edn. p. 402) : "mistake of law is not expressly excluded by the words of this section : but s. 21 shows ..... the matter is the same in this country as it is in england." the learned chief justice appears to have overlooked the provisions of s. 72, contract act. this section was only mentioned in passing by the subordinate judge and it would seem that it was not argued or only faintly argued before the subordinate ..... not limited it must refer to the kind of mistake that can afford a ground for relief as laid down in ss. 20 and 21 of the act .... indian law seems to be clear, namely, that a mistake in the sense that it is a pure mistake as to the law in india resulting in the ..... in their lordships' opinion, this reasoning is fallacious. if a mistake of law has led to the formation of a contract, s. 21 enacts that that contract is not for that reason voidable. if money is paid under that contract, it cannot be said that that money was paid under mistake of law : it was paid because .....Tag this Judgment!
Court : US Supreme Court
..... individuals. the question then is narrowed to the inquiry whether in the case stated, a contract existed and whether that contract is violated by the act of 1804. every requisite to the formation of a contract is found in the proceedings between the then colony of new jersey and the indians. the subject was a purchase on the part of the government of extensive claims of ..... the indians the extinguishment of which would quiet the title to a large portion of the province ..... . (7 cranch) 164 error to the circuit court of new jersey syllabus a legislative act declaring that certain lands which should be purchased for the indians should not thereafter be subject to any tax constituted a contract which could not be rescinded by a subsequent legislative act. such repealing act being void under that clause of the constitution of the united states which prohibits a ..... from taxation, and then in consideration of the arrangement previously made, one of which this act of assembly is stated to be the indians execute their deed of cession. this is certainly a contract clothed in forms of unusual solemnity. the privilege, though for the benefit of the indians, is annexed, by the terms which create it, to the land itself, not to their .....Tag this Judgment!
Court : US Supreme Court
..... between the then colony of new jersey and the indians. the subject was a purchase on the part of the government of extensive claims of the indians, the extinguishment of which would quiet the title to a large portion of the ..... public service corporation is ordinarily construed, but will be construed liberally under the rule that all contracts with indians are so construed. the tax exemption provisions of the patents to indian allottees under the curtis act attached to the land for the limited period of the exemption. indians are not excepted from the protection guaranteed by the federal constitution, but their rights are secured ..... taxation, and then, in consideration of the arrangement previously made, one of which this act of assembly is stated to be, the indians executed their deed of cession. this is certainly a contract clothed in forms of unusual solemnity. the privilege, though for the benefit of the indians, is annexed by the terms which create it to the land itself, not to their ..... by the state by an act which, among other things, declared that the land "should not hereafter be subject to any tax." the indians, after many years, sold the land, and the state subsequently passed a statute repealing the exemption. this court, speaking by chief justice marshall, held that "every requisite to the formation of a contract is found in the proceedings .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(3)ALD243; 2007(3)ALT742
..... of driving them to the need of initiating arbitration proceedings....(emphasis supplied)19. in e, venkatakrishna's case (supra), the appellant was appointed as a dealer of indian oil corporation. the contract contained a clause whereby the distributorship could be terminated if the dealer committed anything which was prejudicial to the interest or good name of the principal or its products ..... the forum chosen by the parties would not be in a position to grant appropriate relief. if a serious disputed question of fact is involved, arising out of a contract qua contract, ordinarily a writ petition would not be entertained. a writ petition would be entertained when it involves a public law character or involves a question arising out of public ..... reference to the provisions of the specific relief act providing for non-enforceability of certain types of contracts. it is, therefore, in this background that we proceed to consider and decide the contentions raised before us...(emphasis supplied)18. in harbanslal sahnia's case (supra), the dealership agreement between the appellant and the indian oil corporation was terminated. challenge to the order ..... there was an arbitration clause in the contract, that it was open to the appellant to raise the points in dispute and plead before the arbitrator that the termination of distributorship was arbitrary and that the material, on the basis of which the opinion was formed, did not exist or did not justify formation of such an opinion and that, if .....Tag this Judgment!
Court : Chennai
Reported in : 49ITR515(Mad)
..... states : 'there is only one method by which a partner can retire from a firm without the consent of his co-partners, and that by dissolving the firm.' but the indian partnership act has enacted a special provision for retirement of a partner, and that is section 32 which reads as follows :'32. (1) a partner may retirei - (a) with the consent ..... occur in the event of the death of pa partner or in the event of the liquidation of one of the partners which is a limited company registered under the indian companies act. the right of the other partners of the firm who remained, after the death of any one of the partners or after the winding up of any one of ..... involve the concept of the dissolution of the firm as originally constituted and the formation of a new firm by the other partners. section 17(a) for the partnership act prescribes that the mutual rights and duties of the partners in the reconstituted firm remain (subject to the contract between the parties) the same as they were immediately before the change, as far ..... its original five partner. a retirement of a partner may sometimes happen by dissolving the firm. it can also take place without any such dissolution. section 32 of the indian partnership act enumerates the circumstances in which a partner may retire from a firm without a dissolution (in such cases the number of the remaining partners should be two or more). the .....Tag this Judgment!
Court : Chennai
Reported in : (1992)1MLJ93
..... within the rights of the offeree to go back or withdraw from the contractual commitment. a reading of sections 3 to 6 of the indian contract act, 1872 will substantiate the above indisputable position of law and illustration (c) to section 4 as well as section 5 and the illustrations ..... for the appellant to work out its remedies before the ordinary civil courts or by means of an arbitration proceedings, as contemplated under the contract; but resort to the proceedings under article 226 of the constitution of india is inappropriate and ill-conceived. in our view, the learned single ..... the appellant, had been conveying their willingness periodically by extending the period of the validity of the tender, by itself shows that no concluded contract came into existence between the parties, which the appellant can get enforced. equally, the position does not change or get altered by the stand ..... resolutions in the course of the court proceedings cannot be equated with the communication of an acceptance of the offer so as to constitute a contract or bring into existence any contractual relationship for sustaining a claim, justiciable in law. as already noticed, the fact that admittedly even after ..... been communicated to the offer or. in other words, the formation of the intention is not enough and external manifestation of the same by an explicit act of communication to the other party is an essential ingredient to make the contract complete and irrevocable, since before that it shall always be .....Tag this Judgment!
Court : Delhi
..... the arbitral tribunal held within its territorial sway. we hasten to clarify this point since in videocon it was specifically recorded that the contract was regulated by the indian law. section 34 of the a&c act comes into relevance only after the arbitral tribunal has pronounced its award and thereupon renders itself functus officio. ergo, the arbitration clauses mentioning ..... or implicitly excluded by the parties. their lordships had further clarified that a foreign award is enforceable in india by invoking the provisions of the a&c act or, significantly, even the cpc. the contract in that case did not so specify. 5. venture global engineering -vs- satyam computer services ltd. twice engaged the attention of the hon'ble supreme ..... an even number of arbitrators would be contrary to the statute. 32. we have carefully considered the correspondence exchanged between the adversaries before us which witnesses the formation or emergence of a contract; as also whether the parties had, at all, considered the application of the laws of only one particular country for a total adjudication of their disputes. ..... otherwise agree, shall be kuala lumpur, malaysia, and shall be conducted in the english language. insofar as practicable, the parties shall continue to implement the terms of this contract notwithstanding the initiation of arbitral proceedings and any pending claim or dispute. notwithstanding the provisions of article 33.1, the arbitration agreement contained in this article 34 shall be .....Tag this Judgment!