Court : Chennai
Reported in : (1992)2MLJ113
..... by the person to whom the acceptance is made. the supreme court in the above decision has observed as follows: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 ..... 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.the trial court was therefore right in the view which ..... make any rule in that behalf. the question then is whether the ordinary rule which regards a contract as completed only when acceptance is intimated should apply, or whether the exception engrafted upon the rule in respect of offers and acceptances by post ..... at bombay. on the basis of the averments made in the plaint it is clear that the acceptance in this case was complete and the contract was concluded between the parties for the sale of bombay quality tapioca starch only when the words of acceptance spoken by the plaintiff over phone ..... plaintiff has filed the present civil revision petition.5. the only point argued by sri t. chengalvorayan learned counsel for the plaintiff is, that the contract for the supply of bombay quality tapioca starch was concluded by offer and acceptance made over the phone; by the letter, ex.a-2, .....Tag this Judgment!
Court : Mumbai
Reported in : (1997)99BOMLR497
..... on this question : american jurisprudence, 2nd edn., vol. 17 article 54 p. 392 and williston on contracts, 3rd edn., vol. 1, p. 271.(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 ..... 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 impose on grounds of commercial expediency is inapplicable.7. applying the aforesaid principle, it would be seen ..... state courts in the united states, conflicting views have been expressed, but the generally accepted view is that by 'the technical law of contracts the contract is made in the district where the acceptance is spoken.' this is based on what is called 'the deeply rooted principle of common ..... in : 1scr656 the apex court has considered the question about the proposal and acceptance by telephone conversation, and it was held that the contract can be said to have been made over telephone when acceptance is received by the offerer. the apex court has thus:(9) the defendants contend ..... of acceptance of the order, the plaintiff used to issue order confirmation note from bombay. according to the plaintiff, the concluded and binding contract can be said to have come in existence between the parties only upon the issuance of order confirmation note. from the affidavit in reply .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1961MP333
..... was 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 its ..... the court that it may determine whether the action shall be stayed or not. section 34 of the indian arbitration act as is well known is a virtual reproduction of section 4 of the english arbitration act of 1889. the observations quoted above were approved of by mr. justice s. r. das in the ..... . moran and co., (s) air 1955 sc 53. in this case, the plaintiff had alleged in the plaint that he had acted as a broker only in bringing about two contracts of sale between their principals and the defendant. the relief claimed was a declaration that they were not liable under the ..... may be filed by the parties in support of their respective claims. if the court finds that the original contracts have not been discharged, the suit shall be stayed under section 34 of the act, otherwise the suit shall be allowed to proceed. the costs of this appeal shall be borne as incurred. ..... indian arbitration act (hereinafter referred to as the act) by the defendant in civil suit no. 2-b of 1958 against the order of the first additional district judge, raipur, passed on 25-3-1960 dismissing its application for staying the trial of the suit under section 34 of the act.2. the plaintiff alleged that two previous contracts .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1939Cal187
..... 20, it is outside the act,meaning the english act of 1862, section 4 of which corresponds to section 4, indian companies act, 1913. we are however of opinion that the first ground on which the learned subordinate judge has based his decision on this point is a sound one. in the formation of a partnership, the basic element is contract. a trading association, which is ..... synonymous with the term 'a trading company' or 'a trading society,' to be within section 4, companies act, must ..... also be one formed on the basis of contract between its members. a joint family business concern however which by ..... its nature descends from father to son, in which interests are acquired by the succeeding generations not by an act of party but by the law of inheritance, is not an .....Tag this Judgment!
Court : Chennai
..... as a broker, p.w.8 sri.vairavan, the then chief officer of the indian bank, deposed about the contract between the assessee and the indian bank, and the contract note issued by the members of the stock exchange acting for the constituent as broker, was an agreement between the issuer and the buyer/seller. ..... the assessee's income. he submitted that the award passed in favour of the assessee is pending in o.p. under section 34 of the indian arbitration act before this court. he submitted that the fact is that the assessee's relationship with the bank was only that of a broker and at ..... the assessee was instructed to take demand drafts on the said amount. 18. he further pointed out that the bank, right through, had acted on the basis of the contract note and the parties herein were fully aware of the nature of relationship between them. in the background of the said facts, the commissioner ..... that the sum of rs.14,73,91,000/- was diverted at source itself as money due to indian bank. immediately on the receipt of the money from the indian bank, there was an implied contract to take demand drafts in favour of the eight public sector undertakings. in the circumstances, the question of ..... a formal agreement as referable to the status of the assessee as a broker and submitted that the contract note clearly pointed out to the relationship between the assessee and the bank, which is in a statutory format. hence, it is not open to the revenue to ignore the same. referring to the decision .....Tag this Judgment!
Court : Delhi
..... of law, it would be seen that basic principles of law of contract, as enunciated in sections 3, 4 and 7 of the indian contract act, are applicable to the insurance contracts as well in the sense that for the formation of a contract, there has to be a proposal followed by an acceptance, and communication ..... thereof to the proposer.27. in the instant case, the tender of a cheque of premium itself would not create an insurance contract ..... five hundred and two only) and pendente lite and future interest @ 24% p.a.2. the plaintiff is a company incorporated under the indian companies act, 1956 and is engaged in the manufacture and sale of pvc flexible pipes and compounds. the defendant no.1 is an insurance company having its ..... no. v; that would further show that there was no acceptance by the defendant much less the communication thereof to the plaintiff. the insurance contract does not come into existence with the tender of cheque alone. there has to be necessarily acceptance and communication thereof to the plaintiff by ..... makes the payment only after the amount is accepted by the insured in full and final payment.11. it is additionally contended that a contract of insurance is complete only after the proposal is accepted and that mere delivery of a letter enclosing the cheque for enhancement of the .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(4)ALLMR496; 2007(4)BomCR61
..... the apex court in bhagwandas goverdhandas kedias case (supra). the majority decision in the said case clearly ruled that: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 ..... single judge of the madhya pradesh high court in firm kanhaiyalal's case (supra), while dealing with the scope of section 4 of the contract act, 1872, held that the same no doubt says that the communication of an acceptance is complete as against the proposer, when it is put ..... 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. the trial court was therefore right in the view ..... by the apex court in bhagwandas goverdhandas kedias case (supra) and applying the same to the plea raised in the plaint about the oral contract having been concluded on communication of the acceptance to the plaintiffs at mumbai, there was no material which could justify revocation of the leave ..... make any rule in that behalf. the question then is whether the ordinary rule which regards a contract as contemplated only when acceptance is intimated should apply, or whether the exception engrafted upon the rule in respect of offers and acceptances by .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2002Bom185; 2002(2)BomCR355
..... , they could not be fitted in the pans.23. the plaintiffs claim for the liquidated damages is also not maintainable under section 74 of the indian contract act which contemplates payment of stipulated penalty in case of breach of contract. the purchase order (exhibit p-2) contains the following printed term:'period of supply..... the material is to be supplied before..... in default, the ..... increase in dutiesor taxes if delivery and payment were extended beyond 30/31-7-1974?in thenegative.3.whether on 5-8- 1974 the plaintiff specifically agreed that defendant supplythe contracted goods, the price thereof be enhanced to include the increasein the excise duty?in theaffirmative.4.whether the defendant committed breach of the contractin theaffirmative.5.isthe defendant liable to ..... order would stand automatically cancelled and you would be held responsible for the damage.'the fact that the blank space in the format of the term was not filled in ..... does not matter much since it is specifically mentioned in the said purchase order :'delivery -- immediately from ready stock within two weeks.'in short, the contract does not stipulate any specific penalty in the event of breach of .....Tag this Judgment!