Court : Chhattisgarh
..... . clause 29.2 of the nit states, 'the notification of award will constitute the formation of contract, subject only to the furnishing of a performance security/ security deposit in accordance with clause 30.' 13. section 7 of the indian contract act, 1872 (the act) is titled `acceptance must be absolute'. it provides that the acceptance must be absolute and unqualified.14. in the ..... forfeited by the secl. conclusions 20 our conclusions are as follows: (a) the petitioner had neither deposited the performance security nor security deposit. thus, there was no completed contract between the parties. the general terms and conditions were not applicable; (b) in view of the last paragraph of clause 30.2 of the notice inviting tenders, only bid ..... . hence, the present writ petition. points for determination 7 we have heard counsel for the parties. the following points arise for determination: (i) whether there was any completed contract between the parties; (ii) in case the answer to the aforesaid question is in the negative, then whether the petitioner is liable to pay any amount of damages. 1st ..... present case, the acceptance was subject to furnishing performance security/ security deposit. it was not absolute. the contract could be formed, if the successful bidder had provided performance .....Tag this Judgment!
Court : Rajasthan
Reported in : 1987(2)WLN126
..... from the excise authorities to form the partnership amounted to violation of the conditions of the licence and the provisions of the rajasthan excise act, and, therefore, the contract of partnership was hit by section 23 of the indian contract act. the appellate assistant commissioner of income-tax confirmed on appeal the order passed by the income-tax officer. on further appeal by the assessee ..... was involved in incorporating clause (3) in the licence and that the violation of the provisions of clause (3) would not automatically mean that the contract was violative of the provisions of section 23 of the indian contract act or was void ab initio. it was urged that the object of imposition of penalty and the provision for cancellation or suspension of licence in ..... licence was granted, cannot be held to be illegal or void as it was neither forbidden by law nor was in contravention of the provisions of section 23 of the contract act, as there is nothing immoral or against public policy in taking some more persons as partners in the firm.7. lindley in his treatise on the law of partnership, fifteenth ..... , the income-tax appellate tribunal held that there was a clear prohibition in clause (3) of the licence in respect of the formation of a partnership by the licence-holders .....Tag this Judgment!
Court : Kolkata
Reported in : (1999)3CALLT24(HC)
..... that contract is not for that reason voidable. 28. mrs. debjani sengupta, however, has contended ..... that on abolition of contract labour system, the erstwhile contract workmen would become direct employees of the principal employer. 27. mr. arijit chowdhury is right in his submission that a contract entered into under a mistake of law of both parties falls under section 21 of the indian contract act, 1872. if a mistake of law had led to the formation of a contract, section 21 enacts that ..... that the offending portion of the settlement dated 28.6.94 is void as it defeats the provisions of section 10 of the act, 1970 in the .....Tag this Judgment!
Court : Delhi
..... that the draftsman of the indian contract act could not have envisaged use of the telephone as a means of personal conversation between parties separated in space and could not have intended to make any rule in that ..... once the communication link had been established. the supreme court, by virtue of its majority decision, went on to hold as under:?14. obviously the draftsman of the indian contract act did not envisage use of the telephone as a means of personal conversation between parties separated in space, and could not have intended to make any rule in that behalf ..... parties being in a sense in the presence of each other, and negotiations are concluded by instantaneous communication of speech, communication of acceptance is a necessary part of the formation of contract, and the exception to the rule imposed on grounds of commercial expediency is inapplicable.? (underlining added) 22. it is interesting to note that the supreme court had observed ..... telephone to the plaintiffs.? in doing so, the supreme court considered the relevant provisions of the indian contract act, 1872 as also the common law of england. the supreme court also undertook to compare contracts concluded over the post and telegraph on the one hand and contracts concluded over the telephone on the other. the supreme court noted that acceptance and intimation of .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
Reported in : 1999IIIAD(Delhi)749; 103CompCas552(Delhi); 79(1999)DLT441; 1999(49)DRJ637
..... feel that in the event 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 applicant's grievance in this behalf will survive. 10. relying on section 20 of the indian contract act, 1872, it was submitted by learned counsel for the applicant that since .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC2306; 2005(5)ALLMR(SC)731; 2005(3)BomCR514; 125CompCas235(SC); (2005)2GLR1530; JT2005(4)SC337; (2005)5SCC632
..... , a person sui juris has the freedom to enter into a contract. the bye-laws of a cooperative society setting out the terms of membership to it, is a contract entered into by a person when he seeks to become a member of that society. even the formation ..... a member of a society unless he was a person competent to contract under section 11 of the indian contract act. section 7 stipulated the conditions for registration and provided that no society could be registered under the act which did not consist of at least 10 persons who were qualified ..... joins, having expressed his willingness to subscribe to the aims and objects of that society. in the context of section 23 of the contract act, something more than possible or plausible argument based on the constitutional scheme is necessary to nullify an agreement voluntarily entered into by a ..... of the society is based on a contract. this freedom to contract ..... act, 1973, it was held that any violation of the provisions of that act enacted in national economic interest would be contrary to public policy and that would be the sense in which it should be understood when used in section 7(1)(b)(ii) of that act. 21. under the indian contract act .....Tag this Judgment!
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 : 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 .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1963Cal140
..... held by the learned judge that where on an application made under section 34 of the indian arbitration act for stay of a suit, an issue is raised as to the formation, existence or validity of the contract containing the arbitration clause, the court is not bound to refuse a stay but may in ..... that issue and may, if necessary, set down the application for trial on evidence, even though it may involve a decision as to the formation existence and validity of the contract itself which incorporates an arbitration clause. this view was questioned by chakravartti c.j. in birla jute . v. dulichand : air1953cal450 , ..... 199 s.r. das j. held that on an application for stay of a suit under section 34 of the indian arbitration act 1940, where an issue hag been raised as to the formation, existence and validity of an arbitration agreement, the court is not obliged to grant the stay but has a discretion ..... was not maintainable because the applicant had previously made an application under section 33 and had failed to take the point that the contract wag violative of act vi of 1951 and the point directly related to the question of the existence and validity of the arbitration agreement. in spite of ..... thing done by the seller is to file the suit mentioned above. in the suit the principal point taken is that the contract is violative of the forward contracts (regulation) act being act lxxvii of 1952 the other points taken may be summarised as follows: (1) that no permission of the central government was .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1978Cal407,82CWN437
..... question and it was held that where in an application made under section 34 of the indian arbitration act for stay of a suit an issue was sought to be made as to the formation, existence or validity of the contract containing an arbitration clause, the court was notbound to refuse the stay but might in ..... out what is the effect of the allegations made in the plaint and what is the nature of the suit filed.9. section 14 of the indian contract act stipulates that consent is said to be free when it is not caused by coercion as denned in section 15 or undue influence as defined in section ..... true. in this connection reliance may also be placed on section 27 of the specific relief act which deals with the conditions under which rescission of contract is permissible. section 64 of the indian contract act also deals with the restitution when a contract is avoided.10. in the case of m/s. east india commercial co. ltd., calcutta ..... with undue influence and coercion but it is necessary to refer to section 17 of the indian contract act which defines fraud and which states that fraud means and includes any of the following acts committed by a party to a contract or with his connivance, or by his agent with intent to deceive another party to ..... concealment of a fact by one having knowledge or belief of the fact, 3. 18 defines misrepresentation and section 19 of the indian contract act stipulates that when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a .....Tag this Judgment!